Oakland Bicycle Accident Lawyers
The Oakland bicycle accident attorneys at Cutter Law P.C. are dedicated to helping our accident victims receive fair and just compensation when negligent drivers injure them and their loved ones.
Do I need an Oakland bicycle accident attorney?
If you suffered serious injuries from a bicycle accident, it’s essential to hire an attorney. An attorney understands how to handle insurance companies and is well-prepared to take companies to court who refuse to offer a fair settlement.
Insurance companies routinely make low-ball offers to unrepresented individuals early in the case, before the lifetime costs of your injuries can be known. They may try to induce you to admit fault or sign away your rights. Retaining an attorney will ensure your rights are protected and that you receive the compensation you need and deserve.
How long do I have to file a bicycle accident claim?
The statute of limitations to file a personal injury or wrongful death claim is two years. However, it is important to contact an attorney as soon as possible after the accident. Your attorney may need to hire forensic analysts, interview expert witnesses and gather depositions before your case can be filed.
Ideally, this should be done while witnesses still have a clear recollection of the facts and before evidence becomes stale. This will help your attorney build the strongest possible case and file your claim well ahead of the deadline.
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Featured Bicycle Accident Attorney
Attorney Celine Cutter won a $1.895 million verdict for a bicyclist who suffered a broken jaw and a mild TBI after she rode her bike through a large pothole.
Celine is a perfect combination of kind, compassionate and firm.
How much is my bicycle crash worth?
Bicycle collisions often result in severe, permanent injuries. This may entitle you to significant compensation that includes the following:
Economic damages, or monetary losses caused by the accident:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Cost of ongoing care
Non-economic damages, or intangible losses:
- Pain and suffering
- Disfigurement
- Loss of society
- Loss of capacity to enjoy life
- Mental anguish
Bicycle Accident Case
On Sunday morning, July 10, 2016, the plaintiff was cycling with her friend. During her bike ride, she hit a large pothole that was partially hidden by shade cast from a nearby tree.
As a result of her accident, the plaintiff suffered a broken jaw and lost teeth, which could not be replaced due to bone loss. In addition to her broken bones, the plaintiff suffered a mild traumatic brain injury.
Thanks to a report from a local resident, attorney Celine Cutter was able to show that the county knew about the pothole for six weeks but failed to fix it in a timely manner. Although the county claimed that their failure to fix the pothole was reasonable given how much repair work it conducts, the jury found in favor of the plaintiff after one day of deliberation and awarded $1.895 million.
We are happy with the award. The plaintiff’s medical expenses are covered and the jury awarded significant compensation for pain and suffering. I think the jury recognized that although the plaintiff was able to return to work, that she’ll have physical symptoms for the rest of her life.
Celine Cutter,
Partner of Cutter Law
Factors That May Limit Compensation
The state of California does not limit the amount of damages you can receive. However, the following factors could limit your damages:
Insurance Coverage Limits
Insurance providers are only obligated to pay up to the coverage limits purchased by the insured.
You would have to sue the at-fault party directly to recover damages beyond this amount, and the damages you collect will be limited to the party’s collectible assets.
Fault
If you’re partially at fault for your bicycle accident, it might not be the end of your case — but it just depends on how much at fault you are. In California, we have a rule called comparative fault, where the jury is allowed to decide what percentage of fault goes to you versus the defendant.
In the bicycle accident case example above, the plaintiff’s $1.895 million award was reduced to around $1.36 million because she was found 30 percent responsible.
Where does compensation come from after a bicycle crash?
Compensation is usually paid by the insurance company of the at-fault party. This can vary depending on the circumstances of your accident, as follows:
- If the at-fault driver is uninsured, compensation could be paid by the following:
- Your own uninsured motorist coverage, if you have an insured automobile
- A bicycle policy
- The at-fault party (by suing directly)
- If the driver was a commercial vehicle operator, compensation would come from the vehicle owner’s insurance policy.
- For accidents caused by potholes or other road conditions, the City of Oakland may be liable.
Can you file a lawsuit if a bicycle accident was caused by a road defect?
If you crashed your bike because of a roadway defect, you definitely should call a lawyer because you might have a case — depending on a few different factors. How long the defect has been on the road is a factor, as well as whether the city or county that maintains the road knew about the problem and chose not to do anything about it. Sometimes the problem is just a defect in the way the road was designed, too. These are all different ways that the local government could be responsible.
What if my loved one was killed in a bicycle accident?
In the tragic death of a family member, the immediate family is entitled to file a wrongful death claim against the insured. Your family can claim the same damages to which the deceased would have been entitled, plus compensation for losses to the family, such as the following:
- Funeral and burial expenses
- Loss of parental guidance
- Loss of inheritance
- Loss of consortium (relations between husband and wife)
- Pecuniary losses – the projected financial losses to the family, including wages the deceased would have earned, the value of homemaker services and any other financial benefits of the decedent’s life
- Pain and suffering of the deceased, if the death occurred on or after January 1, 2022, and before January 1, 2026.
- Address
1901 Harrison Street Suite 910
Oakland CA 94612
Contact Our Oakland Bicycle Accident Attorneys
If you or your loved one has been injured in a bicycle accident, contact us today for a free consultation.
We’ll be happy to take your bicycle accident case to trial. We always just want to do what’s best for our client, and if we’re not getting value for the case without going to trial, then we’ll take the case to trial.
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Start with a free consultation. We listen to what happened, how it’s affected your life, and what you need to move forward.
You’ll have a direct line to our attorneys. We keep communication open and ensure you always know what’s happening with your case.
From day one, we go all in—gathering evidence, negotiating with insurers, and preparing for trial if needed. You pay nothing unless we win compensation for you.
When you get injured because of a dangerous condition of public property in California, you may be eligible to file a claim against the responsible government agency.
The California Tort Claims Act allows individuals to sue the state government in limited circumstances, such as premises liability cases.
You can sue government entities if defective road conditions cause an accident resulting in vehicle damage and serious injuries to you and your passengers.
As a family run California law firm we pride ourselves in providing every client personal attention and representation. The outstanding results we have gotten for our fire clients are a direct result of our commitment to understanding and presenting all aspects of their case.
Hear from our previous clients about the relationships we build together.
From start to finish, Celine Cutter took great care in guiding me through the process.
My interaction Celine Cutter was very positive. She explained very clearly the process, timing and expectations for my case from the beginning.
Brooks has a long-established, respected reputation as a skilled trial attorney and a record of proven success.