Bicycle and E-Scooter Accidents

Cyclists and e-scooter riders have almost no protection in a collision with a car. When a driver cuts too close, turns without looking, or opens a door into your path, the injuries are often serious, and a bicycle accident lawyer can help you recover.

Smith Trial Group represents bicycle, e-bike, and e-scooter riders injured throughout Orange County and Southern California, from Pacific Coast Highway and the Back Bay to the streets of Irvine and Costa Mesa. Consultations are free, and we work on contingency.

On this page: Common causes · California rules of the road · Dangerous roads and defective equipment · FAQ

Common Causes of Bike and Scooter Crashes

• Drivers passing too closely or failing to yield
• Right “hooks” and left turns across a rider’s path
• “Dooring” from parked cars
• Distracted or impaired drivers
• Potholes, broken pavement, and poorly designed bike lanes
• Defective e-bikes, e-scooters, brakes, or batteries

What a Bicycle Accident Lawyer Wants You to Know About California Law

California requires drivers to give cyclists at least three feet of clearance when passing, and to change lanes to pass when possible. Riders have the same rights to the road as motorists in most situations. Even if a driver claims you were partly at fault, for example for not wearing a helmet or riding outside a bike lane, California’s comparative fault rule allows you to recover, with your recovery reduced by any share of fault assigned to you.

Dangerous Roads and Defective Products

Not every crash involves a careless driver. When a dangerous road condition causes a crash, a city, county, or state agency may be responsible. Those claims carry a short six-month deadline to file a government claim. If an e-bike or scooter malfunctioned, the manufacturer or rental company may be liable under product liability law.

Deadlines

California generally gives injured people two years to file a personal injury lawsuit. But if a government agency is involved, for example a city vehicle, a public bus, or a dangerous public road, a formal claim must usually be filed within six months. Evidence disappears fast, so call as soon as you can.

Helpful resources: Vehicle Code § 21760 (Three Feet for Safety Act) · California Office of Traffic Safety

Frequently Asked Questions

I was not wearing a helmet. Can I still recover?

Yes. Not wearing a helmet does not bar your claim, though the other side may argue it affected your injuries. That is a question of evidence and is often overstated.

I was hurt on a rental scooter. Who is responsible?

It depends on what caused the crash: a driver, a road defect, or the scooter itself. Rental agreements may contain liability waivers and arbitration clauses, which do not always hold up. We can review yours.

Related guides: How much is my case worth? · Dealing with the insurance adjuster