Laws & Your Rights – Oakland Bicycle Crash Lawyer
Paceline Law Bicycle Injury Lawyer helps people who have been injured in bicycle accidents in Oakland.
Biking is a great way to enjoy Oakland’s views and weather, but accidents can happen, especially in certain parts of the city. That’s why it’s important to know Oakland’s bike laws and safety measures.
If you’ve been hurt in a bike accident, my firm is here to help.
Contact us today for a free consultation.
Should You Get a Lawyer?
For as fun and beneficial as a bike ride can be in Oakland, it also comes with certain risks.
Most of all, it means accidents and injuries. If you’re in this situation, knowing your rights and options is crucial.
While you don’t have to get a lawyer, having one can make the process much easier and less stressful.
Dealing with the legal process after a bike accident can be complicated and stressful.
My team is here to make it easier and help you get the financial support you need to get better.
Here’s how my team can help:
- Explaining your options and rights
- Investigating the accident to figure out who’s at fault
- Gathering evidence and information
- Talking to witnesses
- Negotiating with insurance companies for a fair settlement
- Taking your case to court, if necessary
Who’s Liable for Damages in a Bicycle Accident in Oakland?
The starting point of any bicycle accident claim is figuring out who’s liable–or legally responsible for causing the accident and your injuries. To do that, you have to show negligence.
Negligence is simply showing that someone:
- Failed to follow safety rules.
- Caused the accident and your injuries.
Sometimes, fault is obvious–like when a speeding driver hits you. Other times, it’s more complicated.
Most of the time, liability falls on:
- Drivers – If a driver breaks traffic laws or isn’t paying attention, they can be at fault.
- Oakland government (or state government) – Poor road conditions or unsafe bike lanes could make the city or state responsible.
- Other people – Careless pedestrians or cyclists can also cause accidents.
- Bike manufacturers – If a defective bike part causes a crash, the manufacturer may be liable.
What is Oakland’s Bike Plan?
The city put together a Bike Plan in 2019 that laid out the various benefits and programs that come with biking in the city. According to a survey, 72% of people said that they felt biking in Oakland would reduce transportation costs, but only around 20% said they typically ride a bike.
So, the city government had a few goals that they wanted to implement with the plan, focusing on:
- Making streets safer – The plan adds more bike lanes, trails, and repair stations while improving lighting and signs. These changes help riders get around the city more safely and easily.
- Connecting neighborhoods – Safe bike routes link Oakland’s neighborhoods to schools, parks, and businesses. The plan also improves connections to public transit and nearby areas, making biking a better option for both commuting and fun.
- Keeping costs low – Biking is one of the most affordable ways to get around, and the Bike Plan makes it even easier. By improving infrastructure and access to bike-friendly routes, the city is helping people save money on gas, parking, and public transit.
- Helping the environment – More people biking means fewer cars on the road, which helps cut down on traffic and pollution. The plan supports cleaner transportation, protects green spaces, and makes Oakland a healthier place to live.
While these steps help the plan’s stated goal of increasing bicycle access in Oakland, there’s two other major components: laws and infrastructure.
How Do Oakland’s Local Laws Help Bicyclists?
Like any city in California, Oakland has its own specific rules and ordinances to govern local conditions. These are outlined in Chapter 12.60 of Oakland’s Municipal Code. Here are the key points as outlined in the code:
- You’re not allowed to ride your bike recklessly or dangerously on trails in the city.
- Speed limits for bikes across the city are:
- No more than 15 mph.
- No more than 5 mph when passing pedestrians or equestrians.
- No more than 5 mph when approaching a blind turn.
- Generally, you have to ride at a safe and reasonable speed.
- In city parks, bikes must stay on designated trails, no riding off-trail.
- Bicyclists have to follow all posted signs and rules on trails.
- When passing others (pedestrians or cyclists):
- Call out to alert them.
- Pass on the left.
- The City Manager has the authority to decide which trails are open to cyclists.
- Violating these rules can lead to tickets and fines, as outlined in Chapter 1.28.
State Laws Regarding Bicycling in Oakland
Like other cities, state laws regarding bicycles take precedent in Oakland. To that end, here’s a quick look at some of the major laws set by the California Vehicle Code (CVC) for bicyclists in the city:
- CVC 21200 – Bicyclists have the same rights and responsibilities as drivers.
- CVC 21200.5 – Riding under the influence of drugs or alcohol is illegal.
- CVC 21202 & 21204 – Your bike must have:
- Working brakes.
- Handlebars below shoulder height.
- A size that lets you stop and safely put one foot down.
- A white light or headlight for night rides.
- Rear and side reflectors (red on the back, white/yellow on the sides and pedals).
- A permanent seat for the rider, and a secure child seat for kids under 40 pounds.
- CVC 21202 – Ride close to the right side of the road unless you’re passing, turning, avoiding hazards, or if the lane is too narrow.
- CVC 21203 – Don’t grab onto moving vehicles.
- CVC 21204 – On freeways, bikes must have proper seats, and no passengers unless they have their own seat or child safety seat.
- CVC 21205 – Always keep at least one hand on the handlebars.
- CVC 21207.5 – Motorized bikes can’t ride in bike lanes, but e-bikes are allowed.
- CVC 21208 – Use the bike lane if you’re slower than traffic, unless turning left, passing, or avoiding hazards.
- CVC 21210 – Don’t park bikes where they block pedestrians.
- CVC 21211 – Don’t stop or park bikes on bike paths or lanes.
- CVC 21212 – Riders under 18 must wear helmets or face a fine up to $25.
- CVC 21650 – Always ride on the right side of the road with traffic.
- CVC 23330 – Bikes can’t be on toll bridges unless signs allow it.
- CVC 27400 – Don’t wear headphones or earplugs in both ears unless they’re hearing aids.
These laws are meant to keep you safe while riding, but they can’t prevent all accidents, so always stay aware and follow the rules. Outside of that, though, it’s also important to know where you can (and shouldn’t) ride your bike in the city.
Where Are Oakland’s Bicycle Lanes?
Outside of the above laws, there’s other ways that Oakland tries to combat accidents. A big part of the plan was showcasing and updating the infrastructure, which includes a layout of the city’s numerous bike lanes and paths.
According to the plan’s document, here are some of the city’s most traveled bike lanes and paths:
As the above pictures show, Oakland’s various bike lanes and paths offer great advantages for riders. But as the Bike Plan also shows, the city uses a mix of bike lanes and paths to make cycling safer and more accessible. Here’s how Oakland categorizes its bike lanes:
- Class I (Shared Use Paths) – These are off-street paths for both cyclists and pedestrians, keeping riders away from vehicle traffic. You’ll find them in parks and along scenic routes like the Arrowhead Marsh Trail.
- Class II – These are dedicated lanes on city streets, marked by solid white lines and bike symbols, giving cyclists their own space on the road.
- Class III – These shared-road routes are marked with bike signs and “sharrows” (painted bike symbols on the pavement). Cyclists share the road with vehicles, common in residential areas and lower-traffic streets.
- Class IV (Protected Bike Lanes) – Oakland has expanded its network of Class IV lanes, which feature physical barriers–like curbs, bollards, or parked cars–separating cyclists from traffic. You can find these on Telegraph Avenue and parts of 23rd Street.
Taken together, Oakland’s bike lanes, laws, and regulations all couple together to make traveling by bike safer. But unfortunately, these improvements don’t always prevent accidents. So, it’s important to know what you need to do if you’re in one.
What Damages Can You Get in a Bicycle Accident Claim?
If you’re in a bike accident in Oakland, it’s likely to cause some level of damage. Most of the time, this means injuries that make it harder to live your life as you did before the accident. It can also mean losing money due to medical bills and missed work.
This is where your legal right to file a claim for damages comes in. To get these damages, you can either:
- File an insurance claim – This is usually the quicker route since it avoids going to court. However, the insurance company decides how much your claim is worth, and they’ll likely offer you less than what you actually deserve.
- File a lawsuit – This process takes longer but can be fairer since a court decides your amount of damages.
Regardless of which option you choose, the point of a claim is to recover your damages. Every situation is different, but if your claim is strong enough, you can recover things like:
- Medical expenses – This covers costs for your hospital visits, surgeries, medication, therapy, and any long-term care.
- Lost wages – This provides costs for any income you lose while recovering and any lasting impact on your ability to work.
- Property damage – This covers costs you’ll need to repair or replace your bike, gear, and any other damaged items.
- Pain and suffering – This covers costs associated with your physical and mental pain caused by the accident.
- Emotional distress – This covers the emotional and psychological side of your injuries, providing costs relating to your anxiety, PTSD, or other psychological effects.
- Reduced quality of life – This covers costs relating to how the accident affects your ability to enjoy daily activities or relationships.
- Wrongful death expenses – If the accident is fatal, surviving family members may recover funeral costs and other losses.
Keep in mind that in California, you have two years from the date of the accident to file an injury claim. However, just filing a claim doesn’t automatically mean you’ll get damages. You have to put together a strong claim, and you can do that by taking steps to protect it.
What Can You Do to Protect Your Bicycle Accident Claim?
No matter where your bike accident happens, there’s going to be a number of different things you’ll need to do to protect your claim and make sure you get the evidence and information you’ll need for a strong claim. Here’s what you’ll need to do:
- Get to safety and call 911 – If possible, move to a safe spot off the road or bike path. Call 911 to send an ambulance if you need medical help.
- Wait for the police – Ask 911 to send the Oakland Police Department or California Highway Patrol to the scene. Officers will gather information and create a report, which can help your claim.
- Exchange information – Share your contact and insurance details with others involved in the accident so you can file a claim later.
- Document the scene – Take photos and videos of your injuries, your bike, vehicle damage, and anything else that helps explain what happened.
- Keep all evidence – Hold on to damaged gear, clothing, and anything else related to the accident. These items can help prove your case.
- Hold off on repairs – Don’t fix your bike or replace damaged items just yet. Keeping them as they are may strengthen your claim.
- Be careful with statements – Don’t admit fault, and just be careful when talking to police or insurance companies about the accident. It’s better to just stick to the facts.
Frequently Asked Questions
How long do I have to file a bike accident claim?
You have two years from the date of the accident. Missing this deadline means you can’t file a claim.
Can I file a claim against another bicyclist?
Yes. If another person riding a bicycle was negligent and caused your accident, you can bring your claim against that person–usually through their homeowners insurance policy.
Can I sue the City of Oakland for my bike accident?
Yes, if your accident was caused by potholes, unsafe road conditions, or other hazards the city failed to maintain.
Free Consultations for Bicycle Accident Victims in Oakland
No matter what the cause is, a bicycle accident in Oakland is always a difficult experience.
Riding in a city with growing bike infrastructure should be safe and enjoyable, but accidents can still happen–sometimes due to factors beyond your control.
At Paceline Law Bicycle Injury Lawyer, we’re here to handle your claim and provide the support you need to recover.
Contact us today for a free consultation to discuss your options.
