Oakland Bicyclist Receives Settlement from City

Posted By Caputo & Van Der Walde LLP || 24-Mar-2014

The Oakland City Council agreed to a $3.25 million settlement with a 35-year-old Oakland woman who crashed while bicycling downhill on Mountain Boulevard between Ascot Drive and the Highway 13 onramp on Aug. 7, 2011. According to a news report in the San Jose Mercury News, the bicyclist suffered severe injuries to her face, head, jaw, and teeth. The article also states that the city failed for years to address complaints about a pothole-riddled thoroughfare in the Oakland hills area.

In fact, the city received a number of complaints about the potholes in the area, including a letter penned in 2007 from the East Bay Bicycle Coalition. The city repaired the potholes where the crash took place four months after the accident. A Metropolitan Transportation Commission report ranked the condition of Oakland streets near the bottom of Bay Area cities. Only Albany, Orinda, and San Leandro ranked lower in the study. Mercury News reports that Oakland still has about 1,000 pending pothole repair requests.

We commonly associate bicycle accidents with driver error and bike rider negligence. However, many Bay Area bike crashes are the direct result of dangerous roadway conditions. Bicycles are simply too lightweight and fragile to withstand an impact with a large crack on the asphalt, uneven pavement, or a pothole. It can also prove dangerous to bike on roads with inadequate shoulders or bike lanes. When these conditions exist, it is the responsibility of the governing body in charge of the roadway to make the necessary fixes.

If you are injured in a crash that resulted from a dangerous roadway condition, it is important that you seek the counsel of an experienced San Jose personal injury lawyer who will fight for your rights and ensure that your best interests are protected. You are entitled to fair and full compensation for all your injuries and other damages.

Categories: Bicycle Accidents
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