A side-swipe is another extremely dangerous cycling situation. It is a clear violation of California’s 3 foot passing law. In a common side-swipe scenario, a vehicle is pulling an over-sized trailer or has unusually large rear-view mirrors mounted on the doors. In either case, the width of the vehicle is dangerously extended. This increases the chances of hitting a bicyclist who is lawfully riding along the right side of the road. This situation usually results in severe injuries or death.

Advice to Cyclist – Avoiding a Side-Swipe

Be aware that the mirrors of these vehicles typically extend considerably outward and that the loads or trailers may be significantly wider than the vehicle itself. It is essential to give yourself as much extra room as possible when these vehicles are passing. Make constant use of your rear-view mirror and be aware of how much space you have. As usual, cycle defensively and try to avoid expressways where vehicles can hit you at excessive speeds.  Despite all precautions, when a side-swipe occurs, there is often little or no time at all to react.

Gary Brustin, California Bicycle Attorney

If you were injured by a side-swiping vehicle or other bicycle accident, you are advised to obtain legal representation from a highly experienced and qualified California bicycle accident attorney as soon as possible. Gary Brustin is a life-long cyclist and bicycle safety advocate as well as a dedicated personal injury attorney. His passion for cycling and law result in a legal practice dedicated solely to bicycle accident victims.

Having personally handled more than 1,000 bicycle accident cases and having consulted on an additional 5,000 bike cases, Attorney Gary Brustin is known for his ability to get to the truth of the case at hand. In many cases Mr. Brustin personally rides the accident route on his own bicycle. Additionally, he drives the route in his car in an effort to experience the case from a comprehensive perspective. His dedication to his work has resulted in the great majority of his cases, about 95%, being settled within nine months of the client’s original phone consultation.

Complimentary Consultation with San Jose Attorney Gary Brustin

Mr. Brustin offers a complimentary phone consultation to anyone who has been injured in a bicycle accident. This confidential consultation gives the injured bicycle accident victim the opportunity to ask questions and to obtain a better grasp of the legal procedures that are involved in a bicycle accident personal injury case. Clients often ask questions of this nature:

  • How much will it cost to pursue the case?
  • What are my responsibilities?
  • Will my medical expenses be paid by the driver of the vehicle that struck me?
  • How much will I be able to recover for my injuries?
  • Will my bike be replaced?
  • What if long term physical therapy is needed?
  • How long will it take to receive compensation?

In your complimentary consultation, you will be treated with compassion and respect. Mr. Brustin has been involved in three cycling accidents of his own and he knows what it is like to experience injuries. In fact, Mr. Brustin frequently speaks to bike clubs, groups and organizations on safety issues and other biking matters. He is a concerned cyclist and safety advocate.

Please feel free to call our office at any time of the day or night. If Mr. Brustin is in court or otherwise unavailable, he will personally return your call within 24 hours. Mr. Brustin personally represents bicycle injury clients throughout California. Additionally, he has co-counseled in more than a dozen states.

The Law Offices of Gary C. Brustin, APC

Give Mr. Brustin a call today at 800.841.2453. He can also be reached by email at

Mr. Brustin’s main offices are located at:

2033 Gateway Place, Suite 600
San Jose, CA 95110

401 Wilshire Blvd, 12th Floor
Santa Monica, CA 90401

He represents cyclists throughout the state. He routinely handles cases in Palo Alto, Santa Monica, San Jose, Sunnyvale, Santa Barbara, Ventura, Mountain View, San Mateo, Fremont, Los Angeles County, Palm Springs, Orange County, and Riverside County. He also works with a network of qualified cycling attorneys throughout the country for clients who are seeking representation outside of California.