Best Car Accident Lawyers in Oakland: Oakland has something to offer everyone: a lively arts scene, an enviable historic district, and some of the best weather in the United States. However, as the third largest city in the Bay Area, Oakland also has to deal with traffic and car accidents.
If you or a loved one has been involved in a traffic accident in Oakland and needs effective legal representation, you can count on help. In this article, you will find a list of the best traffic accident lawyers in Oakland, with experienced attorneys with a proven track record.
10 Best Car Accident Lawyers in Oakland
Richard J. Baskin
- California Bar Status: Active
- Year of Admission to the California Bar: 1983
- Law School Attended: University of San Francisco School of Law
Why are they on our list?
Richard J. Baskin is an experienced attorney with 40 years of experience in personal injury cases. Represents people in car accidents, wrongful death, and other cases. Baskin is a faculty member at Trial Lawyers College, a nonprofit organization dedicated to training lawyers. His recent victories include a $4.85 million settlement in a wrongful death case, $1.7 million for a man injured in a bicycle accident, and $700,000 for a woman injured in a vehicle accident on Highway 101.
Notable facts and recognitions: Former President of the Contra-Costa Trial Lawyers Association of Alameda. Former member of the Board of Governors of the California Consumer Attorneys. Former Director of the Alameda County Bar Association.
Practice areas:
- Traffic accidents
- Pedestrian and cyclist accidents
- Wrongful death
Richard C. Bennett
- California Bar Status: Active
- Year of Admission to the California Bar: 1974
- Law School Attended: University of San Francisco School of Law
Why are they on our list?
Richard C. Bennett takes pride in treating his clients like family while fighting tenaciously for what they deserve. Takes on difficult cases that other law firms avoid. Bennett’s impressive record includes settlements and verdicts exceeding $750 million. Notably, he achieved a $29.2 million verdict for the surviving victims of a car accident that left two children dead and one paralyzed.
Notable facts and recognitions: Co-Founder of Alameda County Volunteer and Pro Bono Legal Services. National Trial Lawyers Top 100 Trial Lawyers. Member of the American College of Trial Lawyers.
Practice areas:
- Traffic accidents
- Construction accidents
- Defective products
Arthur H. Bryant
- California Bar Status: Active
- Year of Admission to the California Bar: 2000
- Law School Attended: Harvard Law School
Why are they on our list?
Arthur H. Bryant is known for achieving significant victories and setting legal precedents in various areas of practice, including personal injury. He was co-counsel in a national class action lawsuit that reached a $1.15 billion settlement, then the largest property damage settlement in U.S. history. Bryant also filed and prosecuted a landmark case that forced Philadelphia’s previously all-boys Central High School to admit women. In 2009, his firm filed one of the first wrongful death cases alleging an acceleration malfunction in a Toyota Camry.
Notable facts and recognitions: Twice named one of the 100 most influential lawyers by the National Law Journal. War Horse Award for Extraordinary Contributions to the Cause of Justice, Southern Trial Lawyers Association. Named a pioneer in sports law by the National Law Journal.
Practice areas:
- General personal injuries
- Traffic accidents (in particular cases involving defective vehicles)
- Class actions
Monica Burneikis
- California Bar Status: Active
- Year of Admission to the California Bar: 2005
- Law School Attended: Santa Clara University School of Law
Why are they on our list?
Monica Burneikis is an experienced trial attorney who is at home in the courtroom and dedicated to helping her injured clients obtain appropriate compensation. A case she took to trial in 2017 involving a pedestrian who was hit by a car earned her a spot as the only woman finalist for the San Francisco Trial Lawyers Association’s 2018 Trial Lawyer of the Year Award. The final verdict was nearly three times the defendant’s highest pretrial offer.
Notable facts and recognitions: Named Woman of Power by POWER Magazine. Named one of the Top 100 Civil Trial Lawyers by the National Trial Lawyers Association. Named one of the best lawyers in Northern California by San Francisco magazine.
Practice areas:
- Car accidents
- Pedestrian accidents
- Truck accidents
J. Gary Gwilliam
- California Bar Status: Active
- Year of Admission to the California Bar: 1963
- Law School Attended: University of California, Berkeley School of Law
Why are they on our list?
J. Gary Gwilliam is a veteran attorney who has tried more than 150 personal injury cases, including serious automobile accidents. He is a motivational speaker and author of articles on topics related to the law, substance abuse, and quality of life. Notably, Gwilliam negotiated a multimillion-dollar settlement for 80 plaintiffs who sued their auto insurer for failing to pay covered medical benefits. He also secured a $6.1 million jury verdict for a man paralyzed in a rollover accident.
Notable facts and recognitions: California Consumer Lawyers Presidential Award. Past President of the Alameda-Contra Costa County Trial Lawyers Association. Frequent presenter of the Lawyer Credit CLE Program
Practice areas:
- Car accidents
- Medical negligence
- Employment Law
Matthew D. Haley
- California Bar Status: Active
- Year of Admission to the California Bar: 1982
- Law School Attended: University of San Francisco School of Law
Why are they on our list?
Matthew D. Haley, a native of Oakland, is a skilled litigator and certified civil trial attorney by the National Board of Trial Lawyers. His law firm focuses on general personal injury cases, including car and truck accidents, wrongful death, and medical malpractice. His successes include a $13.5 million settlement on behalf of two minor children whose parents were killed in a truck accident.
Notable facts and recognitions: Civil Trial Attorney Certified by the National Litigation Advocacy Board. Associate Member of the American Board of Trial Lawyers. Moderator of the Judicial Forum program of the National Business Institute.
Practice areas:
- Traffic accidents
- Wrongful death
- Medical negligence
William C. Johnson
- California Bar Status: Active
- Year of Admission to the California Bar: 1979
- Law School Attended: John F. Kennedy University School of Law
Why are they on our list?
William C. Johnson focuses on complex personal injury and wrongful death cases. He has successfully resolved cases involving traumatic brain injuries, vehicular negligence, medical malpractice, and more. Johnson’s firm’s impressive results include eight-figure settlements and verdicts for injured clients, such as a $29.2 million settlement for a family who suffered severe burns in a car accident.
Notable facts and recognitions: Member of the Million and Billionaire Defenders Forum. Member of the American College of Trial Lawyers. Pro Bono Volunteer for the Napa County Bar Association.
Practice areas:
- Car accidents
- Medical negligence
- Product liability
Suizi O. Lin
- California Bar Status: Active
- Year of Admission to the California Bar: 2006
- Law School Attended: Loyola Law School, Los Angeles
Why are they on our list?
Suizi O. Lin represents people with serious personal injuries and families who have lost a loved one to wrongful death. His practice focuses on automobile, motorcycle, and bus accidents. Not only does he strive to make a difference in the lives of personal injury victims, but he also advocates for disadvantaged people in his community. Lin provides pro bono assistance to the Alameda County Bar Association’s VLSC Guardianship Clinic and the Asian Pacific Islander Legal Outreach (APILO).
Notable facts and recognitions: The 100 best trial lawyers in the country. Top 40 Lawyers Under 40 According to National Trial Lawyers List.
Practice areas:
- Car accidents
- Dog bites
- Slip and fall
Winston Moody
- California Bar Status: Active
- Year of Admission to the California Bar: 2014
- Law School Attended: University of the Pacific McGeorge School of Law
Why are they on our list?
Winston Moody’s practice focuses on personal injury and employment law. He has successfully represented clients before the California Superior Courts and the California Courts of Appeals. The Moody’s firm recently obtained a $6.1 million verdict in an automobile accident/defective products case that left a 29-year-old man paralyzed after the roof of his 1984 Corvette collapsed in a rollover accident.
Notable facts and recognitions: Member of California Consumer Lawyers. Member of the Alameda-Contra Costa Trial Lawyers Association.
Practice areas:
- General personal injuries
- Car accidents
- Employment Law
John D. Winer
- California Bar Status: Active
- Year of Admission to the California Bar: 1979
- Law School Attended: University of San Francisco School of Law
Why are they on our list?
John D. Winer is a distinguished trial attorney who has obtained numerous seven-figure settlements and verdicts for his clients over the past 36 years. He specializes in wrongful death and catastrophic personal injury cases. Winer is the lead author of Proving Mental and Emotional Injuries (James Publishing, 2005) and co-founder of the National Advocacy Network for Abused Patients.
Notable facts and recognitions: Arbitrator in labor and personal injury cases. Certified by the California Trial Lawyers Association. California Consumer Lawyers Presidential Merit Award.
Practice areas:
- Traffic accidents
- Medical negligence
- Wrongful death
How to File a Car Accident Lawsuit in California
It is not always necessary to file a lawsuit after an accident in Oakland. However, you can seek justice in court if you cannot reach a fair settlement with the at-fault party’s insurance. Read on to discover crucial California filing deadlines, car accident laws, and tips for finding a reputable car accident lawyer in Oakland.
California Statute of Limitations
The statute of limitations in California determines the deadline to file a car accident lawsuit and request compensation. California statute gives victims two years to file personal injury claims. Time begins to run on the day of the accident or injury. If you attempt to file a car accident lawsuit after the statute has passed, your case will most likely be dismissed, leaving you with no legal recourse.
Exceptions to the California Statute of Limitations
Sometimes the statute of limitations can be suspended, giving victims more time to file a lawsuit. These reasons include:
- The plaintiff (the person filing the lawsuit) is a minor.
- The plaintiff is not mentally or physically capable of filing a lawsuit.
- The defendant has left the state or country.
In some situations, you may have less than two years to file your claim. Let’s say your car accident injury occurred due to government negligence, such as a poorly constructed or maintained road. In that case, you must file a notice of claim within six months in California. If you do not do so, you could lose your right to claim damages.
Since several factors can shorten or lengthen the time available to file a personal injury claim in California, consider consulting with car accident lawyers in Oakland. A qualified attorney can clarify your options and meet all important filing deadlines.
California Laws for Car Drivers
Like many other states, California has some car driving laws. Below is a small selection:
- Civil liability insurance minimums. Auto driver insurance minimums in California include $15,000 for injury or death to one person, $30,000 for injury or death to more than one person, and $5,000 for property damage. Alternatively, a driver can have no insurance and deposit $35,000 with the DMV or obtain a surety bond.
- Coverage for uninsured and underinsured drivers. California does not require drivers to have uninsured (UM) or underinsured motorist (UIM) coverage. However, auto insurers must offer the coverage and drivers must sign a written waiver declining UM and UIM.
- Using the phone while driving. While using a hands-free phone while driving is generally permitted, drivers under the age of 18 are prohibited from using any cell phone for any reason in California.
- Safety laws for child passengers. California has strict child safety laws that require children to be properly restrained in a child safety seat based on their age, weight, and height. According to the California Highway Patrol, children under eight years old and shorter than 4’9” must be restrained in a booster seat or car seat in the back seat.
How to identify the fault in a traffic accident
California is a no-fault state, meaning that the person or entity responsible for a traffic accident or their insurance company must pay for damages. Therefore, if another PERSON caused your accident and your injuries, you can sue them and demand compensation.
Comparative negligence
California follows the legal principle of comparative negligence, meaning injured people can claim damages even if they are 99% responsible for an accident. Comparative negligence determines how liability is distributed between the parties involved in the accident based on their respective degrees of negligence.
However, when a plaintiff is partially at fault for an accident, the court typically reduces the award based on his or her degree of liability. Here’s how this works in practice: Let’s say you suffered $100,000 in damages in a car accident and are determined to be 20% at fault. In this case, you would only be able to recover 80% of the damages ($70,000).
Claims where multiple parties are liable can be complex and contentious. Additionally, the defendant’s insurance company or attorney may attempt to assign an unfairly high degree of fault. Therefore, working with an attorney can ensure you are protected when you are partially at fault for an accident.
How can a lawyer help you?
An Oakland car accident attorney can help you obtain justice and compensation after a car accident. Here are some of the ways an experienced attorney can help you:
- Determine who is responsible. An attorney thoroughly analyzes your accident with the help of professional investigators and identifies all responsible parties.
- Calculate your damages accurately. Determining the value of your claim can be challenging, especially when it comes to damages for pain and suffering. Car accident attorneys accurately evaluate and calculate your past, present, and future damages.
- Gather evidence to support your case. A skilled car accident attorney will help you obtain the crucial evidence needed to build your case, such as traffic camera footage, photographs, witness statements, police reports, and more.
- Negotiate with an insurance company. Insurers may try to minimize, delay or even deny your accident claim. An attorney levels the playing field negotiates with the insurance company, and, if necessary, fights for what you deserve at trial.
- Offer reassurance. The aftermath of a car accident can be exhausting and overwhelming. An experienced attorney handles the legal aspects of your case, allowing you to focus on your health and recovery.
How to Find the Best Car Accident Lawyers in Oakland, CA
Finding the best traffic accident attorneys in Oakland requires some research. While our list of attorneys offers you the perfect starting point, consider the following questions in your search to find the best attorney for your case:
- Does the lawyer have adequate experience? Choose an attorney who knows California traffic laws and primarily handles car accident cases.
- Is it easy to communicate with them? You may spend a lot of time communicating with your attorney, especially if your case goes to trial. The best attorneys are responsive, listen to your concerns, and answer your questions honestly.
- Does the lawyer have overwhelmingly positive reviews? While no one can please all of the people all of the time, it is wise to hire an attorney with overwhelmingly positive reviews. Satisfied clients are a good indicator of a lawyer’s success rate.
Remember that while a lawyer’s credentials and qualifications provide valuable information, they are not everything. Choosing a lawyer is a very personal matter and it is essential that you feel comfortable with them and can place your trust in them.
