Berkeley Bicycle Accident Attorney

Berkeley and its steep, forested hills are nationally renowned for cyclists, but they also present serious risks that are common throughout the Bay Area. These risks include steep grades and sharp turns, often with limited visibility, and high-speed descents on damp roads. And these same roads are bustling with distracted drivers on their way to and from work. At the Law Office of Scott Herndon, we specialize in representing cyclists injured in serious accidents throughout Berkeley and the Berkeley Hills. Our deep understanding of local conditions and California bicycle law positions us to advocate effectively for your rights and fair compensation.

What are some important California Vehicle Code Sections for Cyclists?

As you can imagine, a vast number of sections in the CVC may apply to any given cycling accident. Below, the Law Office of Scott Herndon provides a few statutes which control the legal analysis of liability (or “who is at fault”) of any serious cycling accident on our roads.

• CVC 21209 prohibits driving a motor vehicle in a marked bicycle lane except in limited circumstances.
• CVC 21200: Cyclists have the same rights and responsibilities as motor vehicle drivers.
• CVC 21202: Cyclists must ride as close to the right side of the road as practicable, with some exceptions.
• CVC 21950: Drivers must yield the right-of-way to pedestrians and cyclists in crosswalks.
• CVC 21760: Drivers must give cyclists at least three feet of clearance when passing them on a roadway.
• CVC 21201: Bicycles must have proper equipment depending on the circumstances, including headlights, brakes and reflectors.

What are some important California Vehicle Code Statutes for common driving errors that result in fatal bicycle accidents?

• CVC 22350: No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, a highway, and in no event at a speed which endangers the safety of persons or property.
• CVC 21801(a): A driver intending to turn left must yield the right-of-way to any vehicle (including bicycles) that is close enough to pose an immediate hazard.
• CVC 23152: It is illegal to drive a car under the influence (DUI) of alcohol or any drug.
• CVC 22350: This is the “basic speed law” – driving at a speed that is unsafe for the conditions, which reads: “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”
• CVC 23123: This the “distracted driving law,” which forbids using a cell phone while driving unless it’s a hands-free device.

What are Common Causes of Serious Bicycle Accidents in Berkeley, CA?

• Distracted or impaired driving
• Failure to yield right-of-way
• Dooring incidents
• Unsafe road conditions
• Speeding motorists

How Can the Law Office of Scott Herndon Help You Win Your Case?

Our law firm approaches its cases systematically and exhaustively, drawing upon years of teaching at Stanford University and the University of California, nationally recognized experts, and champion cyclists. We are unlike any law firm in California.

• Thorough Investigation: We meticulously examine the accident scene, gather evidence, and frequently consult nationally recognized forensic experts, engineers, and retired law enforcement.
• Insurance Negotiations: We handle all communications with insurance companies to protect your interests.
• Comprehensive Damage Assessment: We calculate all current and future costs related to your injury.
• Skilled Litigators: We are prepared to take your case to court to ensure fair compensation.

Why Choose the Law Office of Scott Herndon?

• Local Expertise: Intimate knowledge of Berkeley’s streets, the Berkeley Hills, and local traffic patterns.
• Cycling Advocates: Our team includes elite cyclists who understand the challenges you face, including Olympic and collegiate cyclists from the University of California and Stanford.
• Legal Skill: As a former Stanford faculty member and successful attorney, Scott Herndon uses his understanding of California bicycle law and its application in accident cases to communicate your case to insurance companies and juries alike.
• Proven Track Record: The Law Office of Scott Herndon has represented numerous cyclists in serious accident cases, including a $1.3M settlement in the Oakland Hills, a $400K settlement in South Berkeley, and a six-figure policy limits case in Napa, CA involving the use of Strava GPS systems to prove liability against the at-fault driver.

What Are the Rights of Cyclists Under California Law?

According to CVC 21200 and generally, cyclists have the same rights as motorists. If you’ve been injured due to someone else’s negligence, you have the right to seek compensation for:

• Medical expenses
• Lost wages
• Pain and suffering
• Property damage
• Future medical care and lost earning capacity

What Are Some of the Most Common Serious Injuries in Bicycle Accidents?

Due to the difference in weight and exposure when compared to automobiles, cyclists often experience far worse physical trauma than the drivers which hit them. These injuries can result in wrongful death, or lifelong impacts on their quality of life. These include:

• Traumatic brain injuries
• Spinal cord injuries
• Fractures and orthopedic injuries
• Internal injuries

What is Our Specific Philosophical Approach?

At the Law Office of Scott Herndon, we bring a unique perspective to personal injury law—one rooted in a deep understanding of philosophy and the human experience. Scott Herndon’s background in philosophy and literature as a former Stanford University faculty member provides our clients with an unparalleled advantage in their pursuit of justice.

Why Philosophy Matters in Personal Injury Law:

• Holistic Understanding of Human Experience: Philosophy and literature teach us to consider the full spectrum of human experience. In serious cycling cases, this translates to a comprehensive approach that goes beyond physical injuries to address the emotional, psychological, and social impact of any case. In other words, we always focus on the humanity of our clients and the context of any accident.
• Ethical Reasoning and Argumentation: Philosophical training hones skills in logical reasoning and ethical argumentation. This allows us to construct more compelling cases and navigate complex moral considerations often present in personal injury situations. It matters when a commercial truck driver is so distracted with a cellphone call that he does not see a cyclist in the roadway, or a CEO is speeding home from a company party.
• Constant Focus on Human Rights and Experience: Our grounding in human rights philosophy ensures that we approach each case with a fundamental respect for human dignity and an unwavering commitment to justice.
• Critical Thinking and Analysis: Philosophical inquiry develops superior critical thinking skills, enabling us to analyze cases from multiple angles and anticipate opposing arguments more effectively.
• Empathy and Understanding: The study of philosophy cultivates a deep empathy for the human condition. This translates into a more compassionate and understanding approach to our clients’ experiences.

How Can the Scott Herndon’s Philosophical Approach Benefit Your Case?

• Comprehensive Case Building: We consider all aspects of your injury’s impact on your life, ensuring no detail is overlooked.
• Persuasive Argumentation: Our ability to construct logically sound and ethically grounded arguments strengthens your case.
• Innovative Solutions: Philosophical thinking encourages creative problem-solving, leading to unique strategies tailored to your specific situation.
• Clear Communication: We excel at explaining complex legal concepts in understandable terms, keeping you informed throughout the process.
• Ethical Representation: Our commitment to ethical principles ensures that we always act in your best interest with the highest integrity.