Bicycle Accident Attorneys in Oakland, CA
Our Attorneys Represent Injured Cyclists Throughout Northern California
Cycling is a popular mode of transportation throughout the Bay Area. Whether commuting to work, preparing for a race, or simply riding recreationally, many cyclists share the road with cars, trucks, and other motor vehicles every day. While the area has made improvements in cycling safety in recent years—by adding bicycle lanes, upgrading road safety features, and fast-tracking cycling safety projects—there are still far too many bicycle accidents and fatalities every year.
If you or someone you love was injured in a bicycle accident in Oakland, Concord, or any of the surrounding areas, you shouldn’t have to face the consequences of someone else’s negligence on your own. Our team can help you fight to hold the at-fault motorist accountable and seek the fair compensation you are owed. At Pacific Workers', we are dedicated to not only fighting on behalf of injured workers but also for the rights of every member of our community. Our Oakland bicycle accident lawyers have over 130 years of combined legal experience; they are ready to put that experience to work for you.
To request a free, confidential case evaluation, please call (888) 740-6434 or submit an online contact form.
Common Causes of Bicycle Accidents
The vast majority of bicycle accidents are caused by negligence. Sometimes, this negligence is on the part of the cyclist; far more often, however, it is another person—such as a motorist who is texting while driving or a pedestrian darting across a street—who is to blame. Most cyclists follow the rules of the road and engage in safe cycling practices but, unfortunately, that doesn’t always prevent them from falling victim to someone else’s negligence.
Some of the most common causes of bicycle accidents include:
- Distracted driving
- Speeding
- Running red lights/stop signs
- Driving in designated bicycle lanes
- Improper lane changes
- Unsafe turns
- Traffic law violations
- Drunk driving
- Fatigued driving
- Failing to check blind spots
- Failing to yield the right-of-way
- Backing out of driveways/parking spots
- Aggressive and/or reckless driving
- Road rage
- Opening parked car doors into bike lanes/cyclists’ paths
While negligent and reckless drivers are a primary cause of bicycle accidents, they are not the only factor involved in these types of accidents. Other cyclists, pedestrians, and even the manufacturers or distributors of defective bicycles/bike parts, safety gear, and other products can all be liable for bicycle accidents.
We have Helped OVER 8,000 CLIENTS aND WE CAN HELP YOU TOO!
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Thank you for being so kind and completely sympathetic to my case!
“I started my fight against my company's workers comp and after talking to Almarie for the first time I already felt a lot of weight off my shoulders. It feels nice to have someone fighting for your rights but also keeping you in check for your own good.”
Jazzie D. Daly City, CA -
They took care of me!
“Bilal worked on my case and he was very professional, friendly, and kind to me. I was so nervous about my deposition and he made me feel very comfortable and less stressed about the whole situation.”
Gabi O. Sacramento, CA -
The most down to earth team I have ever met!
“They have strong communication and I was respected throughout the whole process. They had never given up on me!”
Nekealla C. Tracy, CA -
I'm forever grateful & thankful to all!
“I especially want to thank Mr. Jason Insdorf, who worked in attaining a settlement I never expected.”
L.S. Union City, CA
What To Do After a Bicycle Accident
If you were in a bicycle accident, you may wonder what your next steps should be. Even if you are being as safe as you possibly can (wearing a helmet, doing your best to be seen, etc.) you may get into an accident. It's important to do the following things to ensure your rights are protected:
- Call the police and wait for them to arrive
- Do not negotiate with the person driving the vehicle
- Get the driver's information (license plate number, the vehicle make and model, insurance policy number, etc.)
- Document the events of the accident as soon as possible
- Make sure the police take your statement on what happened
- Get medical attention, regardless if you think the injury is minor
- Document any damages
- Do not negotiate with insurance companies
- Seek advice from an Oakland bicycle accident lawyer
We invite you to contact us online or by call us at (888) 740-6434 to learn more about how our team can help you after your bicycle accident in Oakland, Concord, or throughout the Bay Area.
Why You Need an Oakland Bicycle Accident Lawyer
Even with the right safety gear, bicyclists are relatively unprotected in the event of a crash. Because a person on a bike is simply no match for a large, heavy motor vehicle, cyclists often sustain severe, life-threatening injuries when they are hit by cars. Such injuries not only require emergency attention but also often result in lasting or even life-long care needs. A serious injury can leave a person unable to work for weeks or months while they heal, and a catastrophic injury could result in permanent disability, affecting the victim’s ability to earn an income for the remainder of his or her life.
In addition, bicycle accidents are rarely straightforward. An at-fault motorist may argue that you were partially at fault for the accident or even that you were entirely to blame. While you are still permitted to recover compensation for an accident in which you were partially at fault under California’s rule of pure comparative negligence, your total recovery will be reduced by whatever percentage of fault you are deemed to have had in causing the accident. In some cases, it may be difficult to determine who is liable for your injuries and other damages; you may be hit by a motorist who then flees the scene. All of these factors can—and often do—make bicycle accident cases extremely complex.
Put simply, if you were involved or injured in a bike accident, it’s in your best interest to speak to a bicycle accident attorney in particular- you want someone who has experience handling these types of personal injury claims. The Oakland bicycle accident lawyers at Pacific Workers', The Lawyers for Injured Workers can help you navigate the process of seeking recovery and getting back on your feet. We begin by listening to your side of the story and learning what happened during a free initial consultation. From there, we can begin investigating the accident and gathering evidence that supports your claim. This may include talking to witnesses, gathering medical reports, obtaining police reports, examining the vehicle(s) involved in the accident, and more. Our attorneys are also well-equipped to fight back against unjust insurance company tactics and seeking comprehensive compensation to cover all of your associated costs, both current and future.
Most importantly, here at Pacific Workers', The Lawyers for Injured Workers, we truly care about our clients. Our entire team is here to answer your questions and help you navigate this often-confusing and stressful time. Our goal is to ease the challenges you face so that you can focus on moving forward.
Workers' Comp FAQ
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Am I Eligible for Workers’ Compensation?
In California, all employees are eligible for workers’ compensation with very few exceptions. If you are classified as an “employee” (rather than an “independent contractor”), you are eligible to receive benefits. This is true regardless of how many employees your employer has, how many hours you work, how much you make, whether you work part-time or full-time, or whether you are a seasonal worker. Additionally, undocumented workers are also eligible for workers’ compensation granted they meet all other eligibility requirements. In contrast, independent contractors and certain other workers, including some volunteers, household workers who are employed by a family member, and others, are not able to file for workers’ compensation benefits.
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Can't I Just File for Workers' Compensation on My Own?
Filing for workers' compensation on your own increases the chances that your claim will be denied. One small misstep can prevent you from obtaining the compensation you need for your injuries. In addition, the process is usually complex and tedious, especially for someone with no workers' compensation law experience. It is extremely advantageous that you seek reliable and experienced legal guidance for your claim.
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What Can I Expect from the Workers' Compensation Process?
As soon as you reach out to us for help, we will assign you a full-time case manager and attorney. An application will be filed with the Workers' Compensation Appeals Board (WCAB) on your behalf. We will get started on your case immediately to help you receive the medical care you need. If we are unable to receive a fair settlement from the insurance company, we are ready and willing to take your case to trial. After a few months, you will most likely give a deposition. One of our highly experienced attorneys will prepare you and stand at your side the entire time. You don't even have to attend court hearings! One of our trained hearing officers or attorneys can attend on your behalf.
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Can My Employer Tell Me to Use Sick Time or Vacation/Personal Time off (PTO) If I’m Injured at Work?
Following a work-related injury, you may not receive workers’ compensation benefits right away or your workers’ compensation claim may be denied. You may receive a note from your doctor that you may take time off work due to your injuries, but how will you be paid if you are not actively seeking workers’ compensation benefits? Your employer may tell you to use your state-mandated/employer-provided sick time in order to continue being paid while you are out of work. Once this sick time is exhausted, your employer may tell you that the only way you can continue to be paid is if you use your vacation or PTO time. In some cases, this may actually be the only way to continue receiving wages while you are out of work and not receiving workers’ compensation benefits. For more information, check out our video with Attorney Bilal Kassem on this topic by visiting our Facebook page!
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Can I Get Workers’ Compensation If I Was Fired?
If you were terminated while already receiving workers’ compensation benefits, this does not necessarily affect your right to receive benefits. However, if you were terminated “for cause” (for example, if you were fired because you were caught stealing from your employer), you will not be able to continue collecting benefits. If you were not fired for cause, but were laid off due to your position being terminated or various other reasons, you may still be able to continue collecting your workers’ compensation benefits. If you believe you were terminated because you filed for workers’ compensation or because you were hurt at work, you may have grounds for a retaliation claim. Learn more, including whether you can continue receiving workers’ compensation benefits if you were laid off due to the coronavirus pandemic, see our video with Attorney Bilal Kassem on our Facebook page.
