On the morning of March 21, 2026, two competitive cyclists were training along Pacific Coast Highway near Bayshore Drive in Newport Beach when a driver in a blue BMW steered into the bike lane and came within inches of their rear wheels.¹ One of the riders had to bunny hop onto the sidewalk to avoid being struck. The driver then accelerated toward the second cyclist. Passengers in the BMW and a second vehicle, a Corvette, reportedly shouted slurs and threw objects at the riders.² One of the cyclists was injured and transported to a hospital.³
The encounter was captured on video. Within days, it had been viewed more than eight million times on Instagram and picked up by KTLA, NBC Los Angeles, ABC7, and national outlets.⁴
On March 26, Newport Beach police served a search warrant in Corona and arrested Samir Weiss. He was booked on charges of assault with a deadly weapon and obstruction.⁵ Officers seized the blue BMW as evidence. The investigation is ongoing, and police have asked anyone with additional information to contact Sergeant Sabrina Fabbri at the Newport Beach Police Department.⁶
The arrest confirms what the video made clear: a car used as a weapon against a cyclist is treated the same as any other deadly weapon under California law. But this case also spotlights a set of legal protections that many cyclists (and drivers) don’t know exist.
California’s Three Feet for Safety Act: The Law Most Drivers Don’t Know About
California Vehicle Code § 21760, known as the Three Feet for Safety Act, requires every driver passing a cyclist traveling in the same direction to maintain at least three feet of clearance between any part of the vehicle and any part of the bicycle or its rider.⁷ If road or traffic conditions make three feet impossible, the driver must slow to a safe speed and wait until passing can be done without endangering the cyclist.
A 2022 amendment (AB 1909) strengthened the law further. Drivers must now change lanes entirely when passing a cyclist, if another lane traveling in the same direction is available.⁸ This means that on a road like PCH, where multiple lanes run in each direction, a driver has no excuse for passing within the bike lane.
When a driver violates this statute and a collision causes bodily injury to the cyclist, the fine increases from $35 to $220, not counting court fees.⁹ But the real legal significance goes beyond fines. A violation of § 21760 can establish negligence per se in a civil lawsuit, meaning the driver’s breach of the statute is treated as automatic proof of negligence if the cyclist can show the violation caused their injuries.¹⁰
When a Car Becomes a Deadly Weapon: Criminal and Civil Consequences
The Newport Beach arrest was for assault with a deadly weapon under California Penal Code § 245(a)(1).¹¹ Under California law, assault does not require physical contact. It requires an act that would directly and probably result in the application of force to another person, committed with the present ability to do so.¹² Deliberately steering a 3,500-pound vehicle within inches of a cyclist at speed satisfies that standard.
Assault with a deadly weapon is a “wobbler” in California, meaning prosecutors can charge it as either a misdemeanor (up to one year in county jail) or a felony (up to four years in state prison), depending on the circumstances.¹³
On the civil side, a cyclist who is injured, or who crashes while taking evasive action to avoid being struck, can pursue a personal injury claim against the driver. When the driver’s conduct was intentional rather than merely careless, California Civil Code § 3294 allows the injured person to seek punitive damages on top of compensatory damages.¹⁴ Punitive damages are designed to punish the defendant for malicious or oppressive behavior and to deter others from acting the same way.
The Deadline and Evidence Trap to Avoid
California’s statute of limitations for personal injury claims is two years from the date of the incident under Code of Civil Procedure § 335.1.¹⁵ That deadline applies whether the cyclist was physically struck or injured while evading an aggressive driver.
But the real urgency is evidence preservation. Video footage, like the recording that broke this case open, is the single most valuable piece of evidence in a road rage or close-pass incident. Without the cyclists’ cameras rolling that morning in Newport Beach, this case might never have led to an arrest. Dashcam and helmet-cam footage overwrites itself. Witness memories fade. Surveillance video from nearby businesses is typically erased within days or weeks.
Cyclists who experience an aggressive encounter on the road should take several steps immediately. Call 911 and request a police report, even if there was no physical contact. Save all video and audio recordings to a secondary location (cloud backup, email to yourself) so the footage cannot be accidentally overwritten. Photograph the scene, any vehicle damage, and your injuries. Write down the vehicle’s make, model, color, and license plate if possible. Get contact information from any witnesses. Seek a medical evaluation the same day, even if you feel fine; adrenaline can mask symptoms of concussion, soft tissue injuries, and fractures. Contact a personal injury attorney within days, not weeks, so a preservation letter can be sent to any party that may hold relevant evidence.
What Compensation Can an Injured Cyclist Recover?
A cyclist injured by an aggressive or negligent driver in California can pursue several categories of damages. Economic damages cover all measurable financial losses: emergency room bills, surgery, physical therapy, prescription costs, bicycle replacement or repair, lost wages during recovery, and reduced future earning capacity if the injury is permanent. Non-economic damages address the human cost: pain and suffering, emotional distress, loss of enjoyment of life, and the lasting impact on daily activities and relationships.
When the driver’s conduct was willful or malicious, as prosecutors allege in the Newport Beach case, punitive damages may also be available to punish the behavior and send a message that cyclists’ lives are not expendable.
Frequently Asked Questions
Can I file a personal injury claim if the driver didn’t actually hit me?
Yes. If an aggressive driver forced you to crash, swerve into an obstacle, or take evasive action that caused injury, you can pursue a claim against that driver. California law does not require direct contact between the vehicle and the cyclist for liability to attach.
What is the Three Feet for Safety Act?
California Vehicle Code § 21760 requires drivers to maintain at least three feet of clearance when passing a cyclist. If three feet is not possible due to road conditions, the driver must slow down and wait. As of 2023, drivers must also change lanes entirely to pass a cyclist whenever another lane is available.
Is road rage against a cyclist a crime in California?
Yes. Deliberately using a vehicle to threaten or endanger a cyclist can be charged as assault with a deadly weapon under Penal Code § 245, which carries up to four years in state prison if charged as a felony. Throwing objects at a vehicle or cyclist is separately prohibited under Vehicle Code § 23110, with penalties ranging from six months to three years.
What if I was partly at fault for the incident?
California follows pure comparative negligence. Your compensation is reduced by your percentage of fault, but you are not barred from recovering. Even if you were riding slightly outside the bike lane or failed to signal, you can still pursue a claim if the driver’s conduct was more negligent than yours.
How long do I have to file a claim after a road rage incident on my bike?
Two years from the date of the incident under California Code of Civil Procedure § 335.1. However, critical evidence can disappear within days, so contacting an attorney quickly is essential.
Cyclist Safety on PCH: A Problem That Isn’t Going Away
Pacific Coast Highway between Dana Point and Newport Beach is one of the most popular cycling corridors in Southern California. It is also one of the most dangerous. The stretch offers narrow shoulders in some segments, limited lighting, sharp curves, and heavy vehicle traffic alongside cyclists, pedestrians, and joggers.
The Newport Beach arrest sends an important signal that law enforcement will treat vehicles used as weapons against cyclists with the same seriousness as any other assault. But legal consequences after the fact are not enough. Cyclists deserve to ride in designated bike lanes without fearing for their lives, and drivers need to understand that California law imposes real obligations when sharing the road.
At Wunderli Injury Law, we represent cyclists, pedestrians, and motor vehicle accident victims throughout Orange County and Southern California. If you or someone you know was injured while riding, whether by a road rage driver, a distracted motorist, or a hit-and-run, we encourage you to call for a free consultation before evidence disappears and deadlines pass.
Call us at (949) 866-3833 or visit wininjurylaw.com/contact. We work on a contingency fee basis and do not collect a fee unless we win.
CITATIONS
¹ KTLA, “Competitive cyclists nearly run down by raging Orange County drivers” (March 23, 2026), https://ktla.com/news/orange-county/competitive-cyclists-nearly-rundown-by-raging-orange-county-drivers/.
² Id.; NBC Los Angeles, “Road rage incident involving driver and professional cyclist in Newport Beach” (March 27, 2026), https://www.nbclosangeles.com/news/local/road-rage-incident-involving-driver-and-professional-cyclist-in-newport-beach/3867603/.
³ NBC Los Angeles (March 27, 2026) (reporting one cyclist was transported to a hospital for injuries).
⁴ KTLA (March 23, 2026); Patch Newport Beach, “Road-Raging BMW Charges Cyclists In PCH Bike Lane, Video Shows” (March 28, 2026).
⁵ ABC7 Los Angeles, “New video shows arrest of BMW driver in Newport Beach road rage incident” (March 29, 2026), https://abc7.com/post/video-shows-arrest-bmw-driver-newport-beach-road-rage-incident/18802475/; KTLA, “Arrest made in Southern California road rage incident targeting cyclists” (March 28, 2026), https://ktla.com/news/orange-county/arrest-made-in-orange-county-road-rage-incident-involving-cyclists/.
⁶ Newport Beach Police Department press release (March 27, 2026); contact: Sergeant Sabrina Fabbri, [email protected].
⁷ Cal. Veh. Code § 21760(c) (Three Feet for Safety Act; driver shall not overtake or pass a bicycle at a distance of less than three feet).
⁸ Cal. Veh. Code § 21760(c), as amended by AB 1909 (2022), effective January 1, 2023 (requiring lane change when passing a cyclist if another lane is available).
⁹ Cal. Veh. Code § 21760(e)(1)-(2) ($35 base fine; $220 fine if violation results in bodily injury to cyclist).
¹⁰ Cal. Evid. Code § 669 (negligence per se; violation of statute raises rebuttable presumption of negligence where statute was designed to prevent the type of harm that occurred and protect the class of persons injured).
¹¹ Cal. Penal Code § 245(a)(1) (assault with a deadly weapon or by means of force likely to produce great bodily injury).
¹² Cal. Penal Code § 240 (assault defined as unlawful attempt, coupled with present ability, to commit violent injury on another person); People v. Williams, 26 Cal.4th 779 (2001).
¹³ Cal. Penal Code § 245(a)(1) (wobbler; misdemeanor up to 1 year county jail or felony up to 4 years state prison).
¹⁴ Cal. Civ. Code § 3294 (punitive damages for malice, oppression, or fraud; applicable where defendant’s conduct was willful or in conscious disregard of others’ safety).
¹⁵ Cal. Code Civ. Proc. § 335.1 (two-year statute of limitations for personal injury actions).
This article is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. If you have been injured, contact a qualified California personal injury attorney to discuss your rights. Wunderli Injury Law, PC serves clients throughout Southern California.