From the bike lanes of downtown Oakland and the Bay Trail through Newark to the quieter routes around Pleasanton, the East Bay is full of cyclists, and full of drivers who do not expect them. A rider hit by a car or a swung-open door can suffer injuries far out of proportion to a low-speed impact. California law gives cyclists the same right to the road as drivers, and the same right to compensation when a careless driver causes harm.
Mirador Law represents injured cyclists across the East Bay. Led by former San Francisco public defenders Megan Burns and Emily Dahm, the firm brings more than 40 years of combined experience and close to a hundred jury trials, including two of California’s Top 50 plaintiff verdicts for 2024.
Cyclists have the same rights as drivers
Under California law, a bicycle is a vehicle and a cyclist riding lawfully has the right of way that goes with it. Drivers who turn across a bike lane, pass too close, or open a door into traffic can be held responsible. California’s pure comparative negligence rule means that even if a cyclist is found partly at fault, the recovery is reduced by that share rather than barred.
What a claim can cover
Bicycle injuries often include fractures, road rash, shoulder and wrist damage, and head and brain injuries. A claim can pursue medical care now and in the future, lost income, the cost of the damaged bike and gear, and the broader effect on your life. Where a crash is fatal, the family may bring a wrongful death claim.
Deadlines
The general deadline to file is two years from the date of the crash under Code of Civil Procedure section 335.1. If a dangerous road or trail condition maintained by a public agency contributed, the six-month claim deadline under Government Code section 911.2 can apply.
A look at how these cases unfold
The following hypothetical examples illustrate how these cases can unfold. They are not based on any specific client and are provided for educational purposes only. A commuter riding in a marked bike lane is struck by a driver turning right across the lane. The driver claims the cyclist appeared from nowhere. Witness accounts and the position of the damage show the rider was visible and lawful, and the claim is built on that record.
Bicycle accident lawyers by location: Pleasanton | Oakland | Fremont & Newark