
A crash that would barely scratch a car can break bones or end in a head injury when the person hit is on a bike, and the driver’s insurance company often looks for any reason, no helmet, no bike lane, riding at dusk, to shift blame onto the cyclist.
A Murrieta bicycle accident lawyer at Duque & Price pushes back on those arguments directly, starting with the fact that California does not require an adult cyclist to wear a helmet at all. Founding attorney Brent A. Duque has been licensed by the State Bar of California since 2005 and has spent that time learning which excuses an adjuster tends to reach for first.
Contact us today for a free conversation about your case.
| CA Bar Licensed Since 2005 | 18+ Years Combined Experience | Four Southern California Offices | Free Consultations Available |
Under California’s Three Feet for Safety Act, Vehicle Code Section 21760, a driver passing a cyclist must leave at least three feet of space. If three feet isn’t possible, the driver must slow down until it’s safe to pass. A violation that causes a crash is strong, specific evidence of fault, since the law sets a measurable standard rather than a vague idea of safe passing.
Adjusters often try to pin more blame on the cyclist than the facts support, especially without dash-cam footage. California’s comparative negligence rule still allows recovery even when a rider shares some fault, with damages reduced by that percentage rather than erased.
Attorney Jordan H. Davidoff spent his early career on the defense side of personal injury litigation before representing injured plaintiffs in 2014, which shapes how the firm anticipates these arguments.
Bicycle crashes rarely look the same twice, and the driver conduct behind them shapes both the claim and the evidence needed. The patterns our bicycle accident lawyers in Murrieta see often include:
Each pattern points to a different set of evidence, from intersection camera footage to a driver’s phone records, so identifying which one applies early protects the claim.
The work happens mostly out of sight. Duque & Price secures the police report, requests nearby traffic and business camera footage before it gets overwritten, and identifies every insurance policy that may apply, including underinsured motorist coverage on the rider’s own policy. The firm organizes medical records around the full course of treatment, not just the first emergency room visit, since an adjuster’s early offer is almost always built on the thinnest version of a claim.
From there, the firm calculates a demand that accounts for medical bills, lost income, and pain and suffering, and prepares every case as though it will go to trial. That preparation is often what moves an insurance company from a first offer to a fair one.
In Murrieta, Duque & Price offers a free consultation, and bicycle accident cases are handled on contingency, so there is no fee unless we recover compensation.
Yes. California does not require adult cyclists to wear a helmet, and not wearing one does not bar recovery from the driver who caused the crash, though an insurer may still raise it.
In Murrieta, call the police even if the injury seems minor, since pain often worsens over the following days. Photograph the scene, the bike, and the injuries, and get the driver’s insurance and contact information before leaving.
California’s comparative negligence rule still allows recovery even when a rider shares some blame. Compensation is reduced by the assigned percentage of fault rather than eliminated.
Yes. Hit-and-run bicycle crashes can often be pursued through the rider’s own uninsured motorist coverage, and identifying the driver through witnesses or camera footage can open additional paths to recovery.
Yes in California, Electric bicycles raise many of the same fault and insurance questions as traditional bicycles, along with added questions about the bike’s classification and speed.
As of August 2026, unlimited civil cases from Murrieta are filed at the Historic Courthouse in Riverside rather than the Southwest Justice Center, following a countywide reassignment of filing locations. We confirm the current venue before filing, since these assignments can change.
In California, generally two years from the date of the crash, under Code of Civil Procedure Section 335.1. Claims involving a government vehicle or a road defect on public property generally require a written claim within six months instead.
Insurance adjusters work quickly to minimize payout or shift blame onto injured riders, but their initial assessment is not the final word. At Duque & Price, we stand up to insurance companies, thoroughly investigate the facts, and fight to secure a fair settlement.
Call us today or fill out our online form for a free, no-obligation consultation to talk through your options.
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