Oakland Bicycle Accident Lawyer

How can a bicycle accident lawyer help my case? An experienced personal injury lawyer can help manage your bicycle accident case from the very start until it reaches a resolution. Your lawyer can explain your legal options, gather supporting evidence, establish liability under California Civil Code § 1714, negotiate with the insurance company or the other party to pursue a settlement, and, if necessary, take your case to court. With the legal process carefully managed, you can focus more of your time and attention toward recovery.

Oakland’s scenic roads and growing bicycle infrastructure make cycling an appealing way to get around the city. However, these improvements cannot eliminate accidents caused by negligence, which can leave cyclists facing serious injuries, medical expenses, lost income, and other losses. 

A bicycle accident in Oakland can bring your life to a halt, with serious injuries that are painful, expensive, and interfere with your ability to work. At Jacoby & Meyers, our bicycle accident lawyers are prepared to guide you through the medical and legal processes so you can focus on your recovery while pursuing compensation for the losses you have suffered.

Working with our firm, you can trust our:

• Experience and track record. Our past case results show more than $2 billion in verdicts and settlements, reflecting our team’s dedication, skill, and experience in handling personal injury cases.
• Client advocacy. Our Oakland personal injury lawyers strive to provide high-quality legal services with your needs, satisfaction, and recovery in mind, a commitment that is evident in the testimonials from clients we’ve helped over the years.
• Decades in service and recognition. We have been representing clients for over 50 years and have been recognized by peers and prestigious organizations for our work in personal injury and auto accident cases.

We care about our clients and have been protecting victims’ rights since 1972. Discuss your legal rights and options after a bike accident with our legal team during a free consultation. Contact us anytime; we’re available 24/7.

What Should You Do Immediately After a Bicycle Accident in Oakland?

Immediately after an Oakland bicycle accident, focus on three priorities: protecting your safety, protecting the evidence, and protecting your rights to compensation. Being struck by a vehicle can leave you in shock and make it difficult to think clearly, but the following steps can help you respond calmly:

• Call 911 for emergency help if you or someone else is injured. If you can safely do so, move to a safe location while waiting for help to arrive.
• Get medical attention from the responding medical team when they arrive. If necessary, they may take you to the nearest hospital. Even if you are not taken to a hospital, you can still visit one afterward if you want to be evaluated or have concerns about your injuries.
• Report the accident to the responding police officers and provide them with the details of what happened.
• Take photos or videos of the scene, including the vehicles involved, your bicycle, road conditions, traffic signs or signals, your injuries, and other details that may help document the accident. If you can’t take photos yourself, ask someone you trust to do it for you.
• Get information from the people involved. If you are able to do so safely, collect the driver’s name, contact information, and insurance information, as well as the names and contact information of any witnesses.
• Understand your legal options before discussing a settlement with an insurance company. An Oakland bicycle accident lawyer can explain your options, communicate with the insurer, and guide you through the claims process.

These accidents can happen on busy Oakland roads such as Telegraph Avenue, Broadway, San Pablo Avenue, MacArthur Boulevard, and International Boulevard, where cyclists and motor vehicles share the road. If you’re a cyclist who regularly travels on these roads, it’s important to know what to do and who to call for help if an accident happens. Having an emergency contact readily available can also be helpful if you are injured and unable to handle these steps yourself.

What Are the Challenges that Can Arise After a Bicycle Accident?

After a bicycle accident, medical needs, financial pressure, and legal responsibilities can arise at the same time. You may be facing hospital stays, growing medical expenses, time away from work, and questions about how to begin an injury claim, all while trying to recover.

A bicycle accident claim involves deadlines, documentation requirements, and legal standards that can affect your ability to pursue compensation. An insurance company may also contact you soon after the accident. During this time, you may need to:

• Request a police report. If the Oakland Police Department handled the accident, you may need to check whether the report is available and how to request a copy. Accident reports may take time to become available, so you may need to follow up with the department before requesting one.
• Gather and organize evidence. Photos and videos from the accident scene, bicycle and vehicle damage, witness information, medical records, and other documentation may help support your claim.
• Keep up with claim-related communications and deadlines. You may need to respond to insurance companies, provide documents, and take other steps while you are still recovering.
• Understand how liability may apply to your accident. Determining who may be responsible can involve looking at the driver’s actions, your actions, road conditions, bicycle equipment, and other circumstances surrounding the crash.

Handling these responsibilities while recovering can place an additional burden on you and your family when your time and energy are already limited. Jacoby & Meyers has been helping injured clients since 1972, so we understand how to keep the legal process moving while giving you the time and space to focus on your recovery.  Our team can help manage the evidence, insurance communications, and deadlines involved in your claim. 

What Are the Common Injuries Cyclists Can Suffer in a Bicycle Accident?

Cyclists can suffer serious injuries to the head, spine, hips, and back, as well as severe cuts and internal injuries, when they are involved in an accident with a motor vehicle on Oakland’s roads. Even when cyclists wear protective gear, they are sharing the road with larger and much heavier vehicles that can exert forces far greater than what a bicycle helmet or other protective equipment can absorb.

Common injuries cyclists may suffer include:

• Head and brain injuries: A bicycle helmet can help protect against some head injuries, but it cannot prevent every injury to the head or brain. A cyclist can still suffer a concussion, traumatic brain injury, or other serious head injury in a crash.
• Broken bones: Because cyclists have little protection between their bodies and the vehicle, pavement, or other objects they may hit, the force of a crash can cause fractures to the arms, legs, hips, ribs, and other bones.
• Spinal cord and spine injuries: A forceful impact or fall can damage the spine or spinal cord and may result in severe pain, loss of movement, paralysis, or other long-term complications.
• Lacerations and other soft tissue injuries: A cyclist may suffer deep cuts, abrasions, bruising, sprains, torn ligaments, and other soft tissue injuries after being struck by a vehicle or thrown from a bicycle.
• Internal injuries and bleeding: A hard impact can cause damage to internal organs or internal bleeding that may not be immediately obvious and may require emergency treatment.
• Hip and pelvic injuries: A collision or fall can cause fractures or other serious injuries to the hips and pelvis, which may affect a cyclist’s ability to walk and perform everyday activities.

Some of these injuries may not immediately show symptoms or may appear minor at first. Even if you are cleared initially, continue to pay attention to how your body feels in the days after the accident and seek medical attention if you develop symptoms or have concerns about an injury. You may visit a medical professional or an emergency department, such as the Alameda Health System Emergency Care, for evaluation.

Common Causes of Bicycle Accidents in Oakland

Bicycle collisions in Oakland can have many causes, but unsafe driver behavior is among the most common. Speeding, making unsafe turns, failing to yield, and driving under the influence can be especially dangerous because bicyclists have far less protection than occupants of motor vehicles. 

California law requires drivers to follow traffic rules and use reasonable care around others on the road. When drivers fail to meet that responsibility, they can place bicyclists at serious risk and may be held liable for the resulting harm.

Driver Negligence

According to the City of Oakland’s Safe Oakland Streets (SOS) 2024 Annual Report, 74% of the severe and fatal crashes are caused by unsafe driving practices. Although these figures are not limited to bicycle collisions, they show the types of conduct that can place bicyclists at risk.

Common dangerous driving behaviors include:

• Speeding or driving past the speed limit: This can reduce a driver’s ability to react to cyclists, making it highly dangerous. The City of Oakland found speeding to be linked to 25% of deadly crashes.
• Unsafe turning: This is a major problem on Oakland roads, with unsafe turning involved in 29% of severe and fatal crashes, according to the SOS 2024 report. Cyclists can be especially vulnerable when drivers fail to notice them while turning, including when they are traveling in a bicycle lane.
• Failure to yield: Failing to yield the right of way was involved in 35% of severe and fatal crashes, according to the same SOS 2024 data. This can be especially dangerous for pedestrians and cyclists, who have less protection when involved in a collision with a vehicle.
• Running red lights or stop signs: Disobeying traffic signals can put cyclists directly in the path of moving vehicles and was involved in 9% of severe and fatal crashes, as shown in the SOS 2024 data.
• Driving under the influence: Alcohol or drugs can impair a driver’s judgment, coordination, and reaction time, putting cyclists and other road users at risk.
• Distracted driving: Looking at a phone or becoming distracted can cause a driver to overlook a cyclist or react too late to avoid a crash.

Other Causes

Not every bicycle accident results from a driver’s conduct. Other contributing factors may include:

• Defective vehicle or bicycle parts: A malfunctioning or defective component can contribute to a crash.
• Road and bicycle lane hazards: Potholes, debris, uneven surfaces, and other obstacles can cause cyclists to fall or lose control.
• Poorly maintained infrastructure: Damaged bicycle lanes, faded markings, or inadequate lighting can create additional dangers for cyclists.

Oakland recorded six bicyclist fatalities in 2024 and four in 2025, even as the city continued working to improve traffic safety. The City of Oakland’s Safe Oakland Streets initiative seeks to prevent serious and fatal crashes through roadway improvements, education, data analysis, enforcement, and other safety measures. However, safer infrastructure cannot prevent every careless decision by an individual road user. When negligence causes a bicycle accident, holding the responsible party accountable can help the injured bicyclist pursue compensation and support a safer standard of conduct on Oakland’s roads.

Who May Be Held Liable for the Losses You Suffered in a Bicycle Accident in Oakland?

Determining liability, or legal and financial responsibility, for a bicycle accident in Oakland depends on who may be at fault based on what happened, what the evidence shows, and California law. Under California Civil Code § 1714, a person may be responsible for injuries caused by their failure to use reasonable care. Depending on the circumstances of the accident, one or more parties may be held liable, including:

• Drivers of motor vehicles: Drivers of personal, rideshare, delivery, or commercial vehicles may be held liable when their negligent actions cause a bicycle accident. This may include speeding, distracted driving, unsafe turns, or failing to yield to a cyclist.
• Motorcycle riders: A motorcycle rider may be held responsible if negligent driving or another unsafe action causes a collision with a cyclist.
• Pedestrians: In some cases, a pedestrian’s actions may contribute to a bicycle accident. If a pedestrian’s negligence played a role in causing the crash, they may share responsibility for the resulting losses.
• Employers: If a driver was working for a company when the accident occurred, such as making deliveries or performing other work-related duties, the employer may also be held responsible under certain circumstances.
• Vehicle or bicycle manufacturers: A manufacturer may be liable if a defective vehicle, bicycle, or component contributed to the accident or resulting injuries.
• Government agencies: A government entity such as the City of Oakland may potentially be responsible when a dangerous or poorly maintained public road, bicycle lane, or other public property contributed to the accident, subject to applicable laws and claim requirements.

Determining who is responsible may require an investigation into the accident, including the actions of everyone involved, the condition of the road and bicycle, and other evidence surrounding the crash. Our experienced bicycle accident attorneys can thoroughly investigate the crash to identify all potentially liable parties. We examine the actions of everyone involved, road and bicycle conditions, and other available evidence to determine responsibility and pursue accountability on your behalf. 

Legal Tip from Our Attorneys: Understand California’s Bike Laws

Many bicycle accidents in Oakland involve a driver or cyclist failing to follow traffic laws. Knowing the rules that apply to bicyclists and motorists can help you understand what should have happened before, during, and after an accident.

Under California Vehicle Code § 21200, bicyclists generally have the same rights and are subject to the same duties as drivers of motor vehicles when riding on the road. California’s Three Feet for Safety Act, under Vehicle Code § 21760, also requires motorists to maintain at least three feet of clearance when passing a bicyclist, subject to limited exceptions. These laws help establish the care motorists must exercise when sharing the road with cyclists.

California law allows bicyclists to ride on public roads, although certain roads and areas may have restrictions on where bicycles can be ridden. Motorists must also give cyclists adequate space when passing and take reasonable care when driving near them.

If a driver cuts off a cyclist, fails to yield the right of way, makes an unsafe turn, or engages in another traffic violation that contributes to a crash, the driver’s actions may be considered when determining liability for the cyclist’s injuries and other losses.

What Damages are Compensable in a Bicycle Accident Claim?

In California, an injured victim may recover both economic and non-economic damages in a bicycle accident case, as allowed under California Civil Code §§ 3281–3294. The value of a claim will depend on the circumstances of the case, such as the severity of the victim’s physical injuries and how the bicycle accident has affected and may continue to affect their life.

Economic Damages

Economic damages cover the financial losses suffered because of the accident, including:

• Past and future medical expenses: Costs related to treating and recovering from your injuries, such as:
  • Emergency treatment and hospital stays
  • Surgeries
  • Physical therapy and rehabilitation
  • Prescription medications
  • Medical equipment and assistive devices
  • Future medical care
• Lost income and earning capacity: Income you lost while recovering from your injuries and potential future earnings you may lose if your injuries permanently affect your ability to work.
• Property damage: The cost of repairing or replacing your bicycle and other personal property damaged in the accident.

Non-Economic Damages

Non-economic damages cover the effects of an injury that diminish the victim’s quality of life, such as:

• Pain and suffering: Physical pain and discomfort caused by the accident and injuries.
• Emotional distress: Anxiety, fear, stress, or other emotional effects following the accident.
• Loss of enjoyment of life: The inability to participate in hobbies, activities, or other parts of life that the victim enjoyed before the accident.
• Disfigurement: Permanent scars, changes in appearance, or other physical changes caused by the injuries.
• Loss of consortium: In appropriate cases, a spouse may have a claim for the loss of companionship, affection, and other benefits of the marital relationship.

Punitive Damages

Punitive damages are different from economic and noneconomic damages. They are not intended to compensate the victim for losses but to punish particularly wrongful conduct and deter similar behavior. In California, punitive damages may be awarded when the defendant’s conduct involved malice, oppression, or fraud, as provided under California Civil Code § 3294.

How Long Do You Have to File a Bicycle Accident Claim in Oakland?

Under California Code of Civil Procedure § 335.1, you generally have two years from the date of the bicycle accident to file a personal injury lawsuit.

Know Your Deadline. Preserve Your Evidence. Protect Your Claim.

The deadline for an Oakland bicycle accident claim can depend on who may be responsible and whether an exception applies.

• In most cases, you have two years from the date of the accident to file a claim, under California Code of Civil Procedure § 335.1.
• If a government entity may be responsible, California Government Code § 911.2 generally requires you to present an administrative claim within six months. This step usually must be completed before you can proceed with a lawsuit, and further deadlines may follow.
• Exceptions may apply in certain cases and can change or pause the deadline, depending on the circumstances of the accident and the parties involved.

Missing the applicable deadline may prevent you from pursuing compensation. Starting early also gives your legal team more time to secure footage, contact witnesses, document road conditions, and preserve other evidence that may support your claim.

A Legal Note on Timing: Early Action Can Preserve Important Evidence

Your health remains the priority after a bicycle accident, but legal preparation can begin while you continue receiving treatment. Starting the process does not require you to know the full extent of your recovery.

Early action can be especially important in a bicycle accident case. The bicycle may be repaired or discarded, surveillance footage can be overwritten, road conditions may change, and witnesses’ memories can fade. While you focus on your medical care, our team can preserve the bicycle, request available footage, document the accident location, contact witnesses, and keep the claim within the required timeline.

Pitfall Alert: What if I Couldn’t Photograph the Scene?

Photos and video footage are strong pieces of evidence that can help show what happened during a bicycle accident. However, not having photos from the accident scene does not automatically mean that you cannot pursue a claim.

Other evidence may still help establish what happened, including the police report, statements from witnesses, medical records, bicycle and vehicle damage, surveillance footage, and other available records. If you were too injured or shaken to take photos after the accident, you can also ask someone who was at the scene to provide any photos or videos they may have taken.

An attorney can also help identify and gather other evidence that may support your claim when photos from the accident scene are not available.

Why Do You Need an Oakland Bicycle Accident Lawyer for Your Case?

A bicycle accident attorney’s judgment, expertise, experience, and knowledge can be crucial when handling a bicycle accident claim. There are legal requirements that need to be considered when building the case, negotiating with the insurance company, determining the value of the claim, and, when necessary, taking the case to court.

A claim is more than just documentation and submitting paperwork. It can be a long process that takes months or even years to prepare and resolve. Having an experienced Oakland bicycle accident attorney handle your claim can make a difference not only in the potential outcome of your case but also in how smoothly the process goes.

What Bicycle Accident Attorneys Do

Experienced bicycle accident attorneys do not only look at what they can do to build your case. They also consider what the insurance company or the other party may do to challenge your claim or reduce its value. Preparing for these arguments can help strengthen your case and allow your attorney to respond to the other side’s strategies. They may:

• Review the details of your accident: They can look closely at what happened and consider even small details that may affect your claim.
• Gather and organize evidence: They can quickly work to collect police reports, medical records, photographs, witness statements, and other evidence that supports your claim and addresses challenges from the opposing party.
• Work with other professionals: Depending on the case, they may consult with doctors, accident reconstructionists, financial experts, and other professionals who can provide evidence or opinions related to your injuries and losses.
• Prepare for trial: Even while negotiating a settlement, they can prepare the case for litigation if a fair resolution cannot be reached.

What to Expect From the Insurance Company

Insurance companies have their own claims teams and processes for reviewing bicycle accident claims. Just as your legal team examines the evidence, the insurer may look closely at how the accident happened, the treatment you received, and the compensation being requested.

During this process, you may encounter:

• An early settlement proposal: The insurer may offer a settlement before your treatment is complete or the full extent of your losses is known.
• Questions about shared responsibility: Questions about shared responsibility: The insurer may review whether your actions contributed to the accident. Under California’s pure comparative negligence rule, your share of fault can affect the compensation you may recover.
• Questions about medical records and expenses: The insurance company may challenge whether certain treatments, medical expenses, or other costs were necessary or related to the accident.
• Questions on the value of non-economic damages: Because pain and suffering, emotional distress, and similar losses do not have a fixed financial value, the insurer may review the supporting evidence and place a lower value on these damages.

What Does the Claims Process for a Bicycle Accident in Oakland Look Like?

In Oakland, the claims process for a bicycle accident involves continuously working to establish the value of the case, beginning with a thorough evaluation of how the injury was sustained and ending with either a settlement or a verdict.

Here is how most bicycle accident cases go:

• Legal consultation: A bicycle accident claim often begins with a legal consultation, where an attorney looks into the facts of the case to determine whether there may be a valid claim.
• Building the claim: The investigation then starts, evidence is gathered, and the facts of the accident are connected with supporting evidence and documentation to establish the claim.
• Negotiations for settlement: The claim is then presented to the opposing party or insurance company, and negotiations may take place to reach an agreement. If both sides agree to a settlement, the case can end without going to court.
• Litigation: If settlement negotiations fail, the case may proceed to court. Both sides can present their evidence and arguments, and the case may ultimately be resolved through a trial at the County of Alameda, California Superior Court and a verdict or judgment.

How to Find an Oakland Bicycle Accident Attorney for Your Case?

When searching for an attorney to handle and represent your case, you would want someone who is not only skilled and experienced, but also reliable and able to give your case the attention it needs. Hiring an attorney should lift the burden off your shoulders, with an experienced legal professional handling the legal side of your claim. To help you find the right legal guidance, here are some helpful considerations to keep in mind.

Do they have enough experience handling cases like yours?

Whether you may be able to recover compensation that fairly reflects your losses can depend on the strength of your case and the knowledge and skills of the attorney representing you. Choose someone with experience handling cases like yours, and see whether their past results include bicycle accidents and serious injuries.

Jacoby & Meyers has been helping injured Californians for over 50 years and has recovered more than $2 billion in settlements and verdicts for the clients we have represented.

Do they provide legal services to injury victims in your area?

A lawyer may have experience with personal injury cases, but you also want to make sure they serve people in the area where your accident occurred. You may also want to consider whether they are familiar with the local courts and communities where your case may be handled.

Jacoby & Meyers was founded in a humble office in Los Angeles but now has 14 offices located throughout California, including in Oakland, extending our reach statewide.

Do they have the time or availability to dedicate to your case?

Knowing who will handle your case and how you can communicate with your legal team can help you understand what to expect after hiring an attorney. It is important to choose a firm that can give your case the attention it needs and is available when you have questions or concerns. 

Our legal team is available 24/7, so clients can reach out for legal guidance when they need it after an accident.

What is their reputation to clients and the legal community?

Looking at client reviews and testimonials can give you an idea of how a firm works with the people it represents. You can also consider professional recognition and the firm’s history of handling personal injury cases when deciding whether an attorney is right for you.

Our firm has become a trusted name in personal injury law through the utmost effort we provide in every case entrusted to us, consistently since 1972. This commitment can be seen in the recognition we have received from peers and professional organizations, as well as in the testimonials of clients we have helped.

Will they go to trial for your case if necessary?

Not every bicycle accident claim needs to go to trial, and many are resolved through settlement negotiations. However, an agreement is not always possible. Your attorney should be prepared to present your case in court if a fair resolution cannot be reached.

At Jacoby & Meyers, our bicycle attorneys prepare each case carefully from the beginning by preserving evidence, documenting losses, and evaluating liability. This preparation supports meaningful negotiations and ensure that, if a trial becomes necessary, your case is ready.

Client testimonials

We value the trust every client gives us because we understand how much more they may have to lose during the claims process after an accident has already caused significant financial losses and changes to their quality of life. That is why we do our best with every case we handle and treat each one as an opportunity to help our clients through a difficult time and earn their trust.

“As someone who was recently involved in a car accident, I didn’t know what steps to take, so I called Jacoby & Meyers. My case manager is Isabella Cantata – when I say this lady is one of the most caring, compassionate people I have ever ran across. She helped me out so much through these difficult times, made sure that my daughter and I were okay, and went as far as to even help me with the financial situation when my father passed away. She has been a tremendous help, and I would like to thank Jacoby & Meyers for all their support and for having a great team.“

• Tiffany Austin from Google Review

Read more about our clients’ experiences with us on our reviews page.

Disclaimer: Testimonials are voluntary statements from former clients. They are not intended to create expectations about outcomes and should not be interpreted as a guarantee of results.

Results of Serious Personal Injury Advocacy

Jacoby & Meyers does not just represent the cases we handle. We advocate for our clients and treat every case with the seriousness it deserves. We put our best efforts into building each case and protecting your rights for fair compensation for the injuries and losses our clients have suffered.

We do not simply accept offers made by an insurance company when it does not fairly reflect our client’s losses. When necessary, we are prepared to take them to court. The verdicts and settlements we have recovered over the years reflect our commitment to advocating for injury victims and pursuing the compensation they deserve.

Here are some of the verdicts and settlements we have recovered for our clients:

• $19 million – Ride-share Passenger v. Auto / Quadriplegic
• $17.5 million — Bicycle vs. truck collision resulting in catastrophic paralysis
• $13 million — Wrongful death claim involving a city or municipality
• $11 million — Motorcycle vs. truck crash leading to paraplegia

Learn more about the cases we’ve successfully handled by reading about them in our case studies.

Disclaimer: Past results depend on the specific facts of each case and do not guarantee a similar outcome. Amounts listed are gross recoveries before attorney fees and costs.

Areas We Serve

Through our Oakland office, we are able to offer experienced legal guidance to injury victims in Oakland and surrounding communities who need our help, including:

• Alameda
• Berkeley
• Emeryville
• Hayward
• Piedmont
• San Leandro
• San Lorenzo
• Union City
• Fremont

We also have offices throughout California, allowing us to extend support to injury victims throughout the state. Our Jacoby & Meyers offices are located in:

• Brea
• Bakersfield
• Fresno
• Escondido
• Long Beach
• Los Angeles
• Ontario
• Orange County
• Sacramento
• San Bernardino
• San Diego
• San Francisco
• San Jose

Oakland Local Resources

Emergency Rooms

• Kaiser Permanente Oakland Medical Center – 3600 Broadway 1st Floor, Oakland, CA 94611
• Highland Emergency Medicine Residency Program – 1411 E 31st St, Oakland, CA 94602
• Alta Bates Summit Medical Center | Summit Campus – 350 Hawthorne Ave, Oakland, CA 94609
• Alameda Health System : Emergency Room – 1411 E 31st St, Oakland, CA 94602

Urgent Care Centers

• CityHealth – Oakland Montclair – 1970 Mountain Blvd, Oakland, CA 94611 
• UCSF Health-GoHealth Urgent Care – 3900 Piedmont Ave, Oakland, CA 94611
• Carbon Health Urgent Care Oakland – 411 Grand Ave, Oakland, CA 94610
• Concentra Urgent Care – 384 Embarcadero West, Oakland, CA 94607
• LifeLong East Oakland Health Center – 10700 MacArthur Blvd Ste 14, Oakland, CA 94605

Local Courthouses

• Superior Court of California, County of Alameda – 125 12th St #390, Oakland, CA 94607
• Rene Davidson, Alameda County Superior Courthouse – 1225 Fallon St, Oakland, CA 94612

Frequently Asked Questions

What if I was not using the bike lane when a motor vehicle hit me?

Not using a bicycle lane does not automatically make you responsible for the accident or prevent you from filing a claim. California Vehicle Code § 21208 generally requires bicyclists to use an available bicycle lane, but exceptions apply, such as when reasonably necessary to avoid a hazard or unsafe condition.

The reason you were outside the bicycle lane may therefore matter when determining fault. If you were avoiding a dangerous road condition that contributed to the accident, a government agency or property owner may also potentially be responsible. If your own actions contributed to the accident, California’s pure comparative negligence rule may reduce your compensation based on your percentage of fault.

How much does it cost to hire a bicycle accident lawyer in Oakland?

The cost of hiring a bicycle accident lawyer can depend on the attorney or law firm’s fee arrangement. Many personal injury law firms, like Jacoby & Meyers, offer legal help on a contingency fee basis, meaning you generally do not pay an attorney fee unless there is a recovery in your case. Your written fee agreement should explain the specific percentage and other costs. California Business and Professions Code § 6147 also requires certain terms to be included in a contingency fee agreement, including the percentage of the recovery that will constitute the attorney’s fee.

How much is my bicycle accident claim worth in Oakland?

There is no fixed amount for a bicycle accident claim because every case is different. The value depends on the severity of your injuries, medical expenses, lost income, property damage, pain and suffering, how the injuries have impacted your life, and how they may affect your life in the future. Evidence of fault and sufficient documentation and proof of your losses are also important when establishing the damages you may be able to recover under California Civil Code § 3281.

What if the driver fled the scene after the accident?

If you are a victim of a hit-and-run, you should report the accident to the police, seek medical attention, and preserve any information that may help identify the driver, such as photographs, witness information, surveillance footage, or a description of the vehicle. California law generally requires a driver involved in an accident that causes injury or death to stop at the scene and provide the required information and assistance. If the driver cannot be identified, an attorney can also help you determine whether you may use your own insurance, or whether uninsured or underinsured motorist coverage may apply to your case.

Will my bicycle accident claim go to trial?

Not necessarily. Bicycle accident claims may be resolved through negotiations between the parties without going to trial. If the parties cannot reach a settlement, your legal team may recommend filing a lawsuit and taking the case through litigation. If the case proceeds to trial, your bicycle accident lawyer can represent you before the County of Alameda, California Superior Court and present the evidence and arguments supporting your claim.

For more information on bicycle accident claims, visit our FAQs page.

Let Us Handle The Legal Details While You Focus on Recovery

A bicycle accident can take away more than your time and finances. It can disrupt the future you carefully planned and keep you from enjoying the active life you once had. When so much is at stake, you deserve legal representation that will take your case seriously and pursue justice and fair compensation.

Contact Jacoby & Meyers to speak with a member of our team and learn more about how our Oakland bicycle accident lawyers can help you understand your legal options and pursue fair compensation for your losses.

Attorney Review Disclosure
This content has been reviewed by California-licensed attorneys at Jacoby & Meyers to ensure accuracy and compliance with applicable California law. Legal services are provided by attorneys licensed to practice in the State of California.

Jacoby & Meyers Accident & Injury Lawyers – Oakland
66 Franklin St.
Suite 300
Oakland, CA 94607, United States

24/7 Hotline: (510) 616-9169

Other Cases We Take On

• Personal injuries
• Car Accidents
• Truck Accidents
• Motorcycle Accidents
• Bus Accidents
• Delivery Accidents
• Uber Crashes
• Lyft Accidents
• Slip and Falls
• Pedestrian Accidents