Frequently Asked Questions

Frequently Asked Questions

California bicycle accident legal questions



  1. Should I call you even if I want to handle the case myself?
  2. How soon after a bicycle accident should I call an attorney?
  3. Do I really need a Cycling Accident Attorney?
  4. Should I give a recorded statement to the insurance company?
  5. Can I get my bike fixed or replaced with a new bike?
  6. What is a "No Fee Guarantee?"
  7. My bike broke causing the accident, do I have a claim?
  8. Can I recover if an Uninsured Motorist hits me?
  9. If I already have a lawyer, can I change Lawyers?
  10. Can you recommend a doctor for me?
  11. After my accident I thought I was fine, however now my injuries are getting worse. What should I do?
  12. How long do I have to file a bicycle injury claim in California?
  13. How long will my bicycle injury case take?
  14. How much is my bicycle injury case worth?
  15. How do I know if have a good bicycle injury claim?
  16. Do I still have a case if the traffic collision report says I am fault?
  17. Do you handle child injury bicycle accident cases?



Q: Should I call you even if I want to handle the case myself?


A: Yes. In just a few minutes over the phone I can give you some good free advice and tell you what your case is worth so that you don't accept an unfair settlement. If, at a later time, you want to hire me, simply call me, I will not charge you a fee, unless I can increase the settlement offered to you.

Q: How soon after a bicycle accident should I call an attorney?


A: Call me immediately. I return all phone calls and emails promptly. I will be more than happy to discuss your bicycle accident case and answer any questions you may have. I answer calls and talk to cyclist every day even after hours. The call and the attorney consultation are free.

Q: Do I really need a California Cycling Accident Attorney?


A: Recommended. Most lawyers and law firms do everything from dog bites to divorce. But at the Reinecke Law Firm our practice is limited to include cycling accident and injury cases only. You will then have piece of mind that you have hired an attorney with the expertise, knowledge and the winning track record needed to get you the maximum recovery for your cycling injury case.

Q: Should I give a recorded statement to the insurance company?


A: No. Do not give a written or recorded statement to any insurance company unless you call an attorney first. As a former insurance defense attorney, I know that the wording and order of the insurance company questions will have you partially "at fault" by the end of the statement. I never allow recorded statements. If you learn one thing from my web site, never, ever give a written or recorded statement to the other side's insurance company.

Q: Can I get my bike fixed or replaced with a new bike?


A: Yes. After we confirm liability and insurance coverage we work to get your bike fixed or get you a new bike and get you reimbursed for your damaged clothing and gear, all within the first thirty (30) days. And we always handle the property damage portion of our client's cases for free.

Q: What is a "No Fee Guarantee?"


A:No recovery- No Fee. Simply put, this means, you are not required to pay any money upfront to retainer quality legal representation and, most importantly, if we don't win your case, then you don't pay, not a dime.

Q: My bike broke causing the accident, do I have a claim?


A: Maybe. Your bike and its components and parts are "products". If you have been injured by a product defect or failure, you may have a case against the bike manufacturer or distributor. Whether your specific case is worth pursuing depends on how you were injured, the extent of your injuries and the specific product defect.

In bicycle product liability cases, there are three types of defects:

  1. Manufacturing Defects. For example, if a frame is well designed but the way it was made or the materials used made it unsafe, this is a manufacturing defect.
  2. Design Defect. The design of the bike components or product is unsafe and unreasonably dangerous
  3. Insufficient Warnings. The manufacturer, distributor or bike shop failed to include proper warnings or instructions for safe use.


If you were in a bicycle accident case in which you suspect that the bicycle accident was caused by a defective product including the bike, parts or components, the bike or defective part must be protected from loss or destruction. The bike component or parts must be "preserved" in the exact condition as they existed on the date of the accident. As such, do not repair your bike or give the bike or parts to any insurance company or investigator. Store your bike in a secure place. If your bike is repaired, destroyed or not in the same condition you may be prevented from pursuing a products liability case. In addition to preserving the evidence, identify the product or parts that are defective including the name, model of the bike, the place of purchase and the serial number.

Product Liability bike case include:



  • Fork or shock failure
  • Handlebar or frame failure or collapse
  • Gear or crankset defects
  • Defective bicycle helmets


Pursuing a bicycle products liability case is complex, expensive and time consuming and will require a team including an experienced bicycle accident attorney and experts.

If you have been involved in a bicycle accident where you sustain injuries as a result of an alleged defective bike, components or parts, preserve the evidence and call us to discuss your case.

You bike accident may involved a recalled bike or component. Recent bicycle recalls include:

  • 2010 Felt aluminum Steering tube failure
  • 2010 Specialized Epic and Era shock absorber failure
  • 2010 Niner frame failure
  • 2010 Civia carbon fork failure
  • 2009 Felt road bikes
  • 2009 Specialized handlebars failure
  • 2008-2009 Bentis bicycle aero bars
  • Shimano cantilever brakes
  • Giant mountain bike brakes
  • Trek and Cannondale frames
  • J.D. suspension forks

(Partial List)



Q: Can I recover if an Uninsured Motorist hits me?


A: Maybe. If you were involved in an accident with an uninsured motorist or a hit and run accident you may still recover money for your personal injuries if you have Uninsured Motorist Coverage with your automobile insurance policy.

You can recover for your medical bills, lost wages and pain and suffering even if the driver did not have liability insurance. Many auto insurance policies will provide coverage for medical expenses or underinsured motorist coverage.

There are strict rules that must be followed in making an uninsured motorist claim. A review of your insurance policy by an attorney can determine available coverage.

Q: If I already have a lawyer, can I change Lawyers?


A:Yes. If you are dissatisfied or frustrated with your current lawyer, the progress of your case or your lawyer simply does not return your calls, I recommend that you make an appointment with your lawyer to discuss your case. If you are still not satisfies with your lawyer, you can change lawyers at any time and there is no additional fee or cost to you to change lawyers.

At our firm, clear communication and cooperation are the keys to a successful attorney-client relationship. Call us and we will answer any questions you may have regarding your bicycle accident case.

Q: Can you recommend a doctor for me?


A: Yes we can. Our firm is can refer you to a doctor that is a specialist for your type of injuries. We are glad to provide you with options to obtain the best health care. If you do not have health insurance we can refer you to a doctor or specialist who will provide you with care but will not require payment until your case is resolved. It is most import that you get the best medical care, get well and get back on your bike.

Q: After my accident I thought I was fine, however now my injuries are getting worse. What should I do?


A:See a doctor. Many injuries like road rash or a broken bone are easy see and diagnose but other injuries may take several days to progress. For example pain, swelling and instability in the knee are symptoms of an internal derangement or tear inside the knee which may require an MRI to diagnose.

Our advice, seek medical care and be vocal about your injury symptoms. Your doctor can then be able to diagnose your injuries and provide you with treatment options.

Q: How long do I have to file a bicycle injury claim in California?


A: In California most causes of actions for personal injuries have a two (2) year Statute of Limitations. The "Statute of Limitations" means the time limits placed on filing a lawsuit in court. For example, the time period starts to run on the date of a bike accident.

However, some lawsuits against governmental entities or municipalities, for example with road defect cases, require that a formal Governmental Claim be filed within six (6) months of the date of the accident.

There are also circumstances and types of injury cases where a complaint may be filed after the two-year statute of limitations.

We recommend that you consult an attorney before the running of the applicable Statute of Limitations or governmental claim filing deadline or you may be forever prevented or barred from obtaining compensation for your damages. The applicable statute of limitations and claim notification requirements for any particular case or claim require the analysis and advice of an attorney.

Q: How long will my bicycle injury case take?


A: After we personally meet you we start working on your case the same day. We promptly begin our investigate which may include obtaining the Traffic Collision Report, contact the insurance companies involved , interviewing witnesses, photograph your injuries, your bike and the accident scene. In some case where liability is disputed we may hire bicycle accident experts.

While you are being treated for your injuries our firm will continue to obtain evidence, information and medical records. Once you have completed treatment, our firm will prepare a formal Settlement Evaluation and Demand going to the insurance company.

The insurance company is then given 30 days to respond. We will then begin to negotiate a settlement which may take up to an additional 14-30 days. If a settlement is reached, it usually takes an addition two weeks to get the settlement documents and check. Our firm has a high 98.7% Settlement Success Rate.

A slow response is usually due to an issue in the case as to liability or damages, the insurance company or the attitude of the insurance adjustor which may lengthen the settlement process. In some case we may go to mediation with the assistance of a neutral mediator or retired judge to assist in resolving the case.

Some bicycle accident cases do not result in a settlement. In those cases, we will discuss the options of mediation, arbitration or the filing of a lawsuit. At the Reinecke Law Firm our goal is to efficiently and effectively work to resolve the case and obtain the maximum recovery for the client.

Q: How much is my bicycle injury case worth?


A: Your bicycle injury case is worth either the negotiated settlement amount you accept from the insurance company or the award determined by the arbitrator, judge or jury. We will examine the facts of your case, liability, your injuries, medical bill and your damages to determine the value of your case.

Each case and client are different. We have had injury cases involving road rash, fractures, closed head injuries and concussions, torn ACL and cartilage, scarring, and even more serious injuries involving spinal cord injuries, brain injuries and wrongful death. An important part of your damages is your personal harms and losses, future medical care needs, permanent injury, disfigurement or disability and how the accident and your injuries have affected the quality of your life including any loss of your joy and passion of cycling.

Over the past twenty years we have recovered million of dollars for our cycling accident and injury clients. Naturally we cannot give any guarantee, representation or warranty as to the value of your specific case without a comprehensive analysis of all of the details concerning your case. Rest assured, it is our goal to work to ensure that you get the money you deserve for your bicycle injury case.

Q: How do I know if have a good bicycle injury claim?


A: Call me and we can discuss your case. The call and consultation are always free.

Q: Do I still have a case if the traffic collision report says I am fault?


A: Maybe. A Traffic Collision Report (and the conclusions of the reporting officer) are technically hearsay which means, absent a legal exception, they may not be admissible in court to prove liability. However, your verbal admissions or statements made at the accident scene are admissible. However, insurance companies still use the conclusions of the Traffic Collision Reports in their liability assessments.

Even if the Traffic Collision Report says you are the "Primary Collision Factor," you may still have a case and recover for your injuries and damages.

Q: Do you handle child injury bicycle accident cases?


A: Yes. As a father of four, I have a special compassion as a parent and for my child injury cases and children injured in bike accidents. We have reduced fees for all child injury cases.

Nearly 1 million children are injured in bike accidents every year. Nearly one half of all bicycle fatalities involve children under the age of 16.

75% of serious injuries and deaths are from head injuries, and 40% percent of bike fatalities occur after dark.

If you or a loved one has been involved in a bicycle accident, please contact us for a free, confidential consultation.

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