The team of Oakland bicycle accident lawyers here at Cutter Law P.C. are always standing by to represent you and your interests in a court of law. So, if you’ve been involved in a bicycle accident of any kind, then don’t hesitate. Contact us for a no-obligation consultation today!
Bicycle accidents, unfortunately, are much more dangerous and physically detrimental than any other road collision. Cyclists don’t have as much protection on the road as cars. As unfortunate as it is, they often suffer far worse injuries than motor vehicle drivers in the event of a collision. Since bicycle accidents are so detrimental, it helps to know you have a legal team on your side in a court of law. That’s where our Oakland bicycle accident law firm comes into the picture.
When Should You Contact A Bicycle Accident Lawyer In Oakland?
Even if you’re unsure whether you should file a claim for your bicycle accident injury in Oakland, contact us for a consultation. Sometimes, you may have a case but don’t realize it yet. And, after all, what do you have to lose by calling us besides a few minutes of your time?
That said, there are a couple of things that pretty much every successful bicycle accident claim involves. If your accident involved either of the two following things, then contact us immediately:
- Negligence of the Cyclist: Examples of cyclist negligence include failure to obey traffic laws, riding under the influence of drugs or alcohol, and aggressive riding.
- Negligence of the Driver: Some prime examples of negligence of the driver include careless or aggressive driving, driving under the influence of drugs or alcohol, and distracted driving.
How Our Bicycle Accident Lawyers Prove Negligent Actions In A Court Of Law
Negligent actions are the cornerstone of personal injury law. In fact, arguments involving negligent actions make up the majority of successful bicycle accident cases. But that begs the question: how does a bicycle accident lawyer in Oakland prove negligent actions in a court of law? Well, attorneys must prove the following four things to show negligent actions caused the accident:
- The Driver Owed You A Duty Of Care: Whenever you get behind the wheel, you automatically assume a legal duty of care towards all other people on the road. What is a duty of care, you ask? Well, for example, if you hit a pothole on the road, and the pothole caused an accident, then the organization responsible for maintaining the road owed you a duty of care. Basically, “duty of care” is legal terminology that means that someone’s actions didn’t meet an accepted standard of care or responsibility.
- The Driver Breached Their Duty Of Care: Once our attorneys establish a duty of care, we must prove that the driver breached their duty of care. For example, if a driver ran a red light, then that was a breach of their legal duty of care.
- The Breach Caused The Accident: After our Oakland bicycle accident law firm proves that a driver breached their duty of care, it’s then time to prove that the breached duty caused the accident in question.
- The Accident Caused Compensable Harm Or Damages: The final thing that our bicycle accident lawyer in Oakland must prove in a court of law is that the accident in question caused compensable harm or damages to one or both parties involved. After all, if your accident didn’t cause any damages or harm worth compensating, then there is little to no point in filing a lawsuit in the first place.
Some Bicycle Accident Injury Statistics
As unfortunate as it is, bicycle accidents often cause serious injuries. While it’s true that traffic accidents also often involve serious injury, the severity of injuries suffered by cyclists is far greater. It makes sense, too, as cyclists don’t have a solid steel box surrounding them with safety features like airbags and seatbelts. They’re completely exposed, meaning they face much worse injuries when involved in accidents. To show just how much worse bicycle accidents can be, here is a list of some unfortunate bicycle accident statistics:
- 2,851 bicycle collisions and 56 deaths occurred between 2013 and 2017 (California Office Of Traffic Safety)
- An average of 12.6 cyclists die in accidents with motor vehicles in California every single year (Berkeley)
- Up to 41% of all bicycle accidents involving cars take place at intersections (FHWA)
- California averages 1,060 bicycle accidents per year (California Office Of Traffic Safety)
The Seven Most Common Causes Of Bicycle Accidents In Oakland
As we mentioned before, bicycle accidents in Oakland are inordinately common. However, that begs the question: what’s causing all these horrific accidents? Well, to answer that question, here are the seven most common causes of bicycle accidents in Oakland and the rest of California:
- Ignoring road signs and traffic laws
- Driving without headlights (and other low visibility situations)
- Cyclist visibility
- Stopping or turning without signaling or warning other drivers
- A parked car opening a door and hitting a moving cyclist (yes, this is one of the most common causes of bicycle accidents, as weird as it may be)
- Distracted driving or riding
Eleven Different Ways Cyclists Can Help Protect Themselves On The Road
While it’s true that bicyclists are at an increased level of danger than anyone else on the road, there are several things that you can do to protect yourself while riding a bike on the road. Some of the things you can do to protect yourself include:
- Make sure you’re as visible as possible by using things like high-visibility clothing, reflectors, and lights.
- Always be ready to brake suddenly when nearing an intersection, stop sign, or another road crossing.
- Pay close attention to all other vehicles on the road
- Remember, you can be “dead right,” and that having the right of way doesn’t make a deadly accident any less likely to happen. So, even if you have the legal right of way, make sure you’re paying attention to other drivers.
- Always ride with the direction of traffic
- Never pass cars on the right
- Stop at all stop signs and red lights, even if there isn’t anyone at the intersection
- Use hand signals whenever you stop or turn
- Always assume that other vehicles cannot see you and act accordingly
- Ride in a single-file line whenever possible, even if there aren’t any other vehicles on the road
- Never dart out suddenly into traffic, even if you have the right of way
Steps To Take After Bicycle Accidents In Oakland
What should you do after a bicycle accident in Oakland? Well, after a bike accident, take the following steps and precautions:
- Stay Calm: The first thing you should remember in any accident is to remain calm. Remember, panicking only makes things worse.
- Contact The Police: Unlike car-on-car collisions, even if no one was hurt, contact the police in the event of a bicycle accident. Then, once you’ve contacted them, don’t do anything else until they arrive on the scene.
- Speak To An Officer: Before you collect information from the other party, make sure you describe the entire situation to the police. Why, you ask? Because the unfortunate truth of the matter is that cyclist testimony is often ignored in police reports for accidents. So, make sure they hear your side of the story!
- Document Everything: Once you’ve spoken to the police, write everything down, including the other driver’s name and insurance information. Take pictures of the scene of the accident and document the events.
- Get Help From A Doctor: Even if you think you’re unhurt, always see a doctor following any kind of bike or car accident. Sometimes, internal injuries don’t have symptoms, and the only way to find them is to get checked out by a medical professional. So, take it from us, make sure you get to a doctor immediately following your accident.
- Contact Our Oakland Bicycle Accident Law Firm: Once you’re done at the hospital, contact a bicycle accident lawyer in Oakland from Cutter Law P.C. for a no-obligation consultation.
Contact Our Oakland Bicycle Accident Lawyers Today!
Here at Cutter Law P.C., we fight hard for our clients so that they can get the level of compensation they deserve. In fact, we recently won a $1.895 million settlement for a cyclist hit in Sonoma County, CA! Additionally, our Oakland bicycle accident lawyers received awards from the CCTLA, we’re a member of the American Association for Justice Leaders Forum, and we’ve even received a 10.0 Avvo Rating! Therefore, if you need the help of our qualified Oakland bicycle accident lawyers, then you’ve come to the right place! So, even if you’re unsure if you have a case, contact us for a no-obligation consultation. Our attorneys would be more than happy to represent you and your interests in a court of law!