Oakland is one of the most-cycled cities in the East Bay, and one of the most demanding. Riders share Telegraph Avenue, Broadway, and International Boulevard with heavy traffic, navigate the doorings and turning conflicts of the downtown grid, and ride alongside truck routes feeding the Port of Oakland. When a driver turns across a bike lane or opens a door into traffic, the rider absorbs an impact the driver barely feels.
Mirador Law represents injured cyclists from our downtown Oakland office. Led by former San Francisco public defenders Megan Burns and Emily Dahm, the firm brings more than 40 years of combined experience, close to a hundred jury trials, and two of California’s Top 50 plaintiff verdicts for 2024.
Cyclists have the right to Oakland’s roads
Under California law, a bicycle is a vehicle and a lawful rider has the right of way that goes with it. Drivers who turn across a bike lane, pass too close, or door a cyclist can be held responsible. California’s pure comparative negligence rule means that even a rider found partly at fault recovers, reduced by that share rather than barred. In a city with this much video, from businesses, traffic cameras, and other riders, securing footage early can decide a case.
Local courts and care
Oakland bicycle cases are filed in the Superior Court of California, County of Alameda, at the René C. Davidson Courthouse downtown. Serious injuries are often treated at Highland Hospital, the East Bay’s only adult Level 1 trauma center. The general deadline to file is two years under Code of Civil Procedure section 335.1, and a dangerous road condition maintained by the city can trigger the six-month claim deadline under Government Code section 911.2.
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 in a marked bike lane on Telegraph is struck by a driver turning right across the lane. The driver says the rider appeared suddenly. Footage from a nearby business shows the cyclist was visible and lawful, and the claim is built on that record.
See also: East Bay Bicycle Accident Lawyer | Oakland Personal Injury Lawyer