Hayward Bicycle Accident Attorneys
If you were injured in a bicycle accident on Mission Blvd, Tennyson Road, or near the Hayward Bay Area Rapid Transit (BART) station, you are not dealing with a generic traffic claim. You are likely dealing with more severe injuries, and that can complicate how you pursue compensation for your losses under state law.
After a bike crash in Hayward, you may be eligible to file an insurance claim against the party that caused the crash. If necessary, you may have to file a civil lawsuit with the Alameda County Superior Court, typically at the Hayward Hall of Justice, for unlimited civil personal injury matters. However, quick action matters. Evidence of a crash can disappear over time, and state law only gives you a limited time to take legal action.
Arash Law has recovered over $1 billion for injured clients across California. Our Hayward bicycle accident attorneys can evaluate your claim, identify every liable party, and pursue the full compensation California law allows. There are no legal fees unless we recover compensation on your behalf.
Call (888) 488-1391 anytime, 24 hours a day, 7 days a week, or request a free case evaluation online.
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Reviewed by: Arash Khorsandi, Esq., California State Bar #249405, admitted 2007, last reviewed September 2026
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Why Hayward Bicycle Accident Claims are Different from Other California Cities
Bicycle accident claims in Hayward are unique because they can involve the city’s High-Injury Network corridors, including portions of Mission Boulevard. Hayward Police generally handles collisions within city limits.
Evidence preservation can also be time-sensitive because surveillance footage, including BART surveillance footage, may be overwritten under applicable retention schedules. If a lawsuit becomes necessary, the case would proceed in Alameda County Superior Court, with the specific courthouse and department determined under the court’s filing and assignment procedures.
High-Injury Network Corridors on Mission Boulevard and Jackson Street
Hayward’s Local Road Safety Plan identifies portions of Mission Boulevard and Jackson Street as part of the city’s High-Injury Network, a group of streets and intersections where severe and fatal crashes are concentrated. If an unsafe road condition contributed to a bicycle crash on one of these corridors, the Plan may provide supporting evidence in a potential claim against the responsible public entity. It does not, by itself, prove that the City was responsible for the specific condition that caused the crash.
Industrial Truck Traffic West of I-880
I-880 carries substantial commercial truck traffic through West Hayward, including vehicles serving the city’s industrial and warehouse areas. Interchanges at Tennyson Road, Industrial Parkway, and A Street provide access between I-880 and nearby surface streets used for commercial traffic. On these roads, trucks and cyclists may share space, creating additional safety concerns because large trucks have substantial blind spots and require more stopping distance.
Hayward Police Crash Investigation and Reports
The Hayward Police Department investigates injury, fatal, and hit-and-run traffic collisions within Hayward. After a bicycle crash, the police report can document when and where the collision occurred, who was involved, and other details gathered during the investigation. HPD maintains written collision reports, which the involved parties can request through its Records Unit. Obtaining the report can help an attorney review the available evidence and identify issues that may affect the claim.
Time-Sensitive BART Camera Footage
Video from the Hayward BART station may help document how a bicycle crash occurred near the station. BART CCTV systems generally retain station and facility footage for 7 to 30 days before overwriting it. Because relevant footage may not be available indefinitely, identifying and requesting it promptly can be important after a crash.
Alameda County Superior Court, Hayward Hall of Justice
If a settlement is not possible, a bicycle accident lawsuit arising in Hayward may proceed in Alameda County Superior Court. The Hayward Hall of Justice is one Alameda County location that handles civil matters, although the specific courthouse and department depend on the court’s filing and assignment procedures.
Who Can File a Bicycle Accident Claim in Hayward?
California law extends the right to file beyond the injured rider. Several parties have legal standing, meaning they have a recognized right under California law to bring a claim following a Hayward bicycle crash.
The person hurt in the crash holds the primary right to file a personal injury claim for medical costs, lost wages, and other losses.
A pedestrian crossing Mission Boulevard or near the BART corridor who is injured in the same crash may have an independent claim. Our Hayward pedestrian accident lawyers handle those cases, as well as claims for occupants of another vehicle struck in the same event.
A passenger on a bike or e-bike who was injured when the crash happened may file their own claim against the at-fault driver or other liable party.
If a bicycle crash is fatal, eligible family members, including a surviving spouse, registered domestic partner, or child, may bring a wrongful death claim under CCP § 377.60.
A survival action under CCP § 377.30 is filed on behalf of the deceased rider’s estate, separate from any wrongful death claim. It covers certain losses the rider could have pursued before death, including medical expenses incurred and other legally recoverable economic losses. The estate’s personal representative typically brings this claim.
If the injured rider survives but is severely hurt, their spouse or registered domestic partner may file a separate loss of consortium claim for harm to the marital relationship caused by the injuries.
Each claimant type has a specific legal basis and its own recoverable damages. The claims can proceed simultaneously without canceling each other out.
Common Injuries in Hayward Bicycle Crashes
Common injuries in Hayward bicycle crashes include traumatic brain injuries, fractures, spinal injuries, soft tissue damage, internal organ injuries, and psychological trauma, each of which requires specific medical documentation to support a full damages claim. Bike lanes on Mission Boulevard and portions of the Bay Trail run directly beside fast-moving commercial and commuter traffic. Even a low-speed impact on Tennyson Road can produce injuries that require surgery, extended rehabilitation, and months away from work.
Injuries seen in bicycle accident claims in Hayward include:
Cognitive symptoms, including memory difficulty, light sensitivity, and persistent headaches, may not appear for days after the crash. A normal CT scan does not rule out a concussion. Insurers may challenge TBI claims because symptoms are subjective.
Cyclists instinctively extend their arms during a fall, transmitting force directly to the wrists, elbows, and shoulders. Dooring crashes near areas such as the Hayward BART station commonly cause hip and leg fractures, throwing riders laterally. Many fractures require surgical repair and an extended time off work.
A rear-end or side-impact collision can compress or fracture vertebrae and injure intervertebral discs. Spinal injuries can produce chronic pain, limited range of motion, and permanent disability requiring long-term rehabilitation.
Deep abrasions from pavement contact can introduce road debris into the wound, increasing the risk of infection. Recovery often requires wound care, physical therapy, or chiropractic treatment across multiple weeks.
Blunt force from handlebars, vehicle bumpers, or pavement impact can injure the spleen, liver, or kidneys without visible external trauma. Delayed diagnosis of internal injuries can rapidly worsen outcomes.
Post-traumatic stress disorder (PTSD), anxiety about riding, and depression are recognized non-economic losses in California personal injury claims. These are recoverable damages when supported by medical or psychological records.
The more consistently your injuries and recovery are documented, the easier it is to show how the crash affected your health, work, and daily life. Detailed treatment records and supporting evidence can also strengthen your claim if an insurer disputes the seriousness of your injuries, whether the crash caused them, or whether the care you received was necessary.
What Damages Can You Recover from a Bicycle Accident in Hayward?
Victims injured in a Hayward bicycle accident may seek compensation for losses caused by the at-fault party, including medical expenses, lost income, property damage, and pain and suffering. These losses are generally divided into economic and non-economic damages under California law. Depending on the circumstances, other damages or related claims, such as punitive damages, wrongful death damages, or loss of consortium, may also be available.
- Emergency medical care, hospitalization, and surgery.
- Ongoing treatment, including physical therapy, chiropractic care, and follow-up specialist visits.
- Future medical costs if your injuries require long-term care.
- Lost wages from time away from work during recovery.
- Reduced future earning capacity if your injuries limit your ability to work.
- Damage to your bicycle, e-bike, helmet, and cycling gear.
- Physical pain and suffering.
- Emotional distress and anxiety.
- PTSD from the crash event.
- Loss of enjoyment of life, meaning the inability to engage in activities you previously enjoyed.
- Permanent scarring or disfigurement from road rash or surgical procedures.
A separate loss of consortium claim may be available to a spouse or registered domestic partner of a severely injured rider. These parties may seek compensation for how the victim’s injuries affected the marital relationship, including loss of companionship, support, and intimacy.
Wrongful death damages may be available if the crash was fatal. Eligible surviving family members (CCP § 377.60) may seek compensation for specific damages (CCP § 377.61), such as:
- Loss of the decedent’s financial support.
- Loss of companionship and consortium.
- Funeral and burial costs.
A separate survival action under CCP § 377.30 may allow the estate to pursue certain losses the decedent sustained before death, including medical expenses incurred.
Finally, in rare cases, California courts may award punitive damages when there is clear and convincing evidence that the at-fault party acted with malice, oppression, or fraud. A driver who was knowingly intoxicated and struck a cyclist on Tennyson Road at night, for example, may face exposure to punitive damages beyond compensatory damages.
Insurers frequently dispute the severity of the injury, challenge the necessity of follow-up treatment, or argue that pre-existing conditions, rather than the crash, caused the documented harm. An experienced Hayward injury law firm can consult medical professionals and other specialists when needed to better evaluate disputed injuries and losses and build evidence to support the value of a claim.
How Insurance Covers a Hayward Bicycle Accident
If a driver causes a bicycle accident in Hayward, that driver’s liability insurance is usually one of the first policies to examine. Other coverage may also apply depending on who caused the crash, what vehicle was involved, and whether the injured cyclist has their own auto insurance.
California increased its minimum automobile liability limits for policies issued or renewed on or after January 1, 2025. The minimum coverage is now $30,000 for bodily injury to one person, $60,000 for bodily injury per accident, and $15,000 for property damage. Serious bicycle injuries can easily result in losses that exceed these minimum limits.
More than one type of insurance may apply:
- At-Fault Driver’s Liability Insurance: This coverage can pay for injuries and property damage caused by an insured driver. The driver may carry higher policy limits than the minimums required by state law.
- Commercial Vehicle Insurance: If the crash involves a truck, delivery van, or other business vehicle, a commercial liability policy may apply. The available limits depend on the vehicle, business, policy, and circumstances of the crash. An employer, vehicle owner, or another business may also be involved if the driver was working at the time of the crash.
- Rideshare or Transportation Network Company (TNC) Insurance: California requires different insurance coverage depending on what the rideshare driver was doing at the time of the crash. When the app is on but no ride has been accepted, TNC insurance must provide at least:
- $50,000 per person.
- $100,000 per incident for bodily injury.
- $30,000 for property damage.
The TNC must also maintain at least $200,000 per occurrence in excess liability coverage for this period. Once the driver accepts a ride request and until the ride is complete, California requires $1 million in primary liability coverage.
Your Own UM/UIM Coverage: An injured cyclist or other victim may also qualify for uninsured or underinsured motorist coverage through an automobile policy, even though they were not driving when the crash occurred. This coverage may help when the at-fault driver has no insurance or insufficient applicable insurance.
Coverage depends on who qualifies as an insured under the policy and whether UM/UIM coverage was accepted, rejected, or reduced. Special requirements also apply to hit-and-run and underinsured motorist claims.
Insurance coverage can become complicated when several policies or parties are involved. Adjusters may also question whether the crash caused a particular injury, especially when the cyclist had a prior medical condition. To prepare for any disputes, keep medical records, bills, treatment notes, and other documentation that connect your injuries and losses to the accident.
What to Expect When a Hayward Bicycle Accident Claim Begins
The first steps after a bicycle accident in Hayward usually focus on documenting the crash, preserving evidence, treating your injuries, and identifying the parties and insurance policies involved. If a public entity may be responsible, a separate government claim may also be required. Once you have sufficiently documented the evidence and damages, you may then proceed with settlement negotiations or a lawsuit.
Here’s what the process typically looks like:
- Obtain the Crash Report. The HPD generally investigates injury, fatal, and hit-and-run crashes on streets within Hayward. After an accident, identify whether it prepared a traffic collision report and request a copy, since it may contain details about the parties involved, witnesses, crash location, and other information relevant to the claim.
- Preserve Evidence Promptly. Video can be important in a bicycle accident claim, especially near businesses or the Hayward BART station. Retention periods vary. BART, for example, generally retains station and facility CCTV footage for 7 to 30 days. An attorney may send preservation requests to potential video custodians and take steps to preserve available vehicle data. Keep your damaged bicycle, helmet, clothing, and other physical evidence, and avoid repairing or discarding them until they have been documented.
- Document Your Medical Treatment. Seek appropriate medical care and keep records of your treatment, diagnoses, bills, and work restrictions. St. Rose Hospital, an Alameda Health System affiliate in Hayward, and Sutter Eden Medical Center in Castro Valley are examples of nearby medical facilities. Consistent medical documentation can help establish the nature of your injuries and connect your treatment to the crash.
- Determine Whether a Government Claim Is Required. If a dangerous condition of public property or another basis for public-entity liability may have contributed to the crash, a government claim may have to be presented before filing a lawsuit against the responsible public entity. Claims involving personal injury generally must be presented within six months after the cause of action accrues or arises (typically the date of the bike crash). Additional deadlines apply after the agency acts on the claim. See the Deadlines section below for more information.
- Present the Insurance Claim and Negotiate. Once you have sufficiently documented the available evidence and your injuries and losses, your Hayward personal injury lawyers may present a demand to the appropriate insurer. The demand can include medical expenses, lost income, property damage, pain and suffering, and other supported losses. The insurer may accept the demand, make a counteroffer, or dispute liability or damages.
- File a Lawsuit If Necessary. If the claim cannot be resolved through settlement, a personal injury lawsuit may be filed in Alameda County Superior Court. The Hayward Hall of Justice handles civil matters, but the specific courthouse and department depend on the court’s current filing and assignment procedures. The case may then proceed through discovery, motions, settlement discussions, and, if necessary, trial.
Proving Fault in a Hayward Bicycle Accident
To prove fault in a Hayward bicycle accident, you generally need evidence showing that another person or entity acted negligently and caused your injuries. California Civil Code § 1714 requires people to use ordinary care to avoid harming others. A negligence claim generally involves four elements:
- Duty: The other party had a legal duty to use reasonable care under the circumstances.
- Breach: The party failed to use reasonable care. For example, California Vehicle Code (CVC) § 22517 also prohibits opening a vehicle door into moving traffic unless it is reasonably safe and does not interfere with traffic. If a car occupant opens their door into a bike lane and hits and injures you in the process, their failure to check for cyclists beforehand may be considered a breach of duty.
- Causation: You must show that the other party’s conduct was a substantial factor in causing the crash and your injuries.
- Damages: You must have suffered compensable losses, such as medical expenses, lost income, property damage, pain and suffering, or other harm caused by the crash.
California’s Pure Comparative Fault Rule. California follows a pure comparative fault system established in Li v. Yellow Cab Co., 13 Cal. 3d 804 (1975). Under it, an injured victim who shares responsibility for a bike crash is not automatically barred from recovering compensation. Instead, their percentage of fault reduces their potential recovery. For example, if a cyclist is found 20% responsible for a crash, the cyclist may recover 80% of the damages attributed to the other parties.
Multiple Liable Parties in a Hayward Bicycle Crash
Responsibility may extend beyond the driver who struck the cyclist:
- Negligent Drivers: A driver may be liable for unsafe passing, failing to yield, distracted driving, or opening a vehicle door into a cyclist’s path. Violations of traffic laws, such as CVC § 22517, may provide important evidence when determining negligence.
- Another Cyclist: Someone riding a bicycle can also be responsible if their careless actions caused the crash.
- Employers of Commercial Drivers: An employer may be vicariously liable when an employee causes a crash while acting within the scope of employment. This may apply to delivery drivers, truck drivers, or other employees operating commercial vehicles in Hayward.
- Public Entities: A public entity may be liable under GOV § 835 when a dangerous condition of public property causes an injury, and the statutory requirements are met. The claimant generally must show that the condition created a reasonably foreseeable risk and that a public employee created it or the entity had actual or constructive notice in time to take protective measures.
- City of Hayward: The City may be responsible for dangerous conditions involving streets or bicycle facilities it owns or controls. Current City projects and pavement programs include portions of Mission Boulevard, Tennyson Road, and Jackson Street. Maintenance records, prior complaints, inspection records, photographs, and other evidence may help establish the condition and whether the City had notice of it. Claims may be submitted to the Hayward City Clerk, 777 B Street, 4th Floor, Hayward, CA 94541.
- Caltrans: Caltrans may be responsible for state property it owns or controls, including areas where local streets or bicycle routes interact with state-maintained freeway facilities. Mission Boulevard within Hayward should not be treated as Caltrans property solely because it has historically been associated with Route 238. Ownership and maintenance responsibility should be confirmed for the exact crash location. A death, personal injury, or personal-property claim seeking $12,500 or less may be filed directly with Caltrans. Claims seeking more than $12,500 must be submitted to the California Government Claims Program.
- Alameda County: Alameda County may be responsible for dangerous conditions on roads it owns or controls in unincorporated areas near Hayward. Claims are submitted to the Clerk of the Board of Supervisors, 1221 Oak Street, Suite 536, Oakland, CA 94612.
- Product Manufacturers and Sellers: If a defective bicycle or e-bike component contributed to the crash, a manufacturer, distributor, or seller may be held liable under product liability law. California recognizes strict liability for certain manufacturing and design defects, as well as inadequate warnings. The claimant must still establish the applicable defect and show that it was a substantial factor in causing the injury.
Deadlines to File a Bicycle Accident Claim in Hayward
California imposes strict filing deadlines. Missing them eliminates your right to recovery regardless of how clear the fault was or how serious your injuries are:
- Two-Year Personal Injury Deadline (CCP § 335.1): You have two years from the date of the crash to file a personal injury lawsuit against a private party such as a negligent driver, an employer, or a product manufacturer. Missing this deadline bars your claim permanently.
- Three-Year Property Damage Deadline (CCP § 338): A separate three-year deadline applies to file a lawsuit seeking compensation for damage to your bicycle, e-bike, helmet, or other personal property.
- Six-Month Government Claim Deadline (GOV § 911.2): If the City of Hayward, Alameda County, Caltrans, or another public entity may be responsible for your injuries, you generally must present a written government claim within six months after the claim accrues. In a typical bicycle accident case, the claim usually accrues on the date of the crash, so the six-month period generally begins on that day. The claim must be presented and either acted upon or deemed rejected before a lawsuit for damages can proceed against the public entity.
- Deadline if You Miss the Initial Six-Month Window: Missing the six-month deadline will generally jeopardize your claim, although California provides a limited late-claim procedure in some circumstances. An application to present a late claim generally must be made within a reasonable time and no later than one year after the claim accrues. If the application is denied, qualifying claimants may seek relief from the court.
- Deadline After a Government Claim Is Rejected (GOV § 945.6): A public entity generally has 45 days to act on a claim unless the response period is extended by written agreement. If the entity sends a written rejection notice that complies with GOV § 913, a lawsuit generally must be filed within six months after the notice is personally delivered or mailed. If no compliant written rejection notice is given, the deadline is generally two years from the date the cause of action accrued.
Results Arash Law Has Recovered for Injured Clients
The results below include bicycle and serious injury cases handled by Arash Law. The issues that arise here are similar to those that may occur when you pursue Hayward bicycle accident claims, showing how legal representation can help you seek damages after such a crash:
Arash Law secured a $3.5 million settlement for a six-year-old bicyclist who suffered a traumatic brain injury after being struck by a pickup truck. The driver initially blamed the child but eventually admitted to being distracted at the time of the crash.
A 74-year-old client suffered serious injuries after being struck while crossing the street and required extensive medical treatment. The case resolved before jury selection began.
Arash Law recovered $1.45 million for a motorcycle rider injured after uneven pavement at a construction site contributed to a crash that caused rib fractures and head trauma. The contractor and city disputed responsibility, and the case settled on the first day of trial.
A speeding driver ran over our client and dealt them serious injuries. We helped our client procure the necessary medical care and achieve this multi-million-dollar result to support his recovery.
The case results and testimonials presented on this page are not a guarantee, warranty, or prediction of the outcome of your case. Results depend on the unique facts and circumstances of each matter. Prior results do not guarantee a similar outcome.
Talk to Arash Law About Your Hayward Bicycle Accident Claim
If you were hurt on Mission Boulevard, Tennyson Road, near the Hayward BART station, or anywhere else in the city, the clock on your evidence and your legal deadlines is already running. To protect your claim, start by requesting the HPD’s traffic collision report and contacting an attorney to send same-day preservation demands to the properties or other agencies holding camera footage. Arash Law handles Hayward bicycle accident claims on a contingency fee basis, with no legal fees unless we recover compensation for you.
Call (888) 488-1391, available 24 hours a day, 7 days a week, or submit your information online for a free case evaluation.
Why Hayward Cyclists Hire Arash Law
When a bicycle crash happens on Hayward’s roads, the decisions made in the first 72 hours, such as which agencies to contact, which footage to preserve, and whether a government claim deadline applies, determine how much evidence you have and which defendants remain reachable. A Hayward injury law firm that knows the local roads, the specific civil filing procedures in place at the Hayward Hall of Justice courthouse, and the specific agencies responsible for each corridor does not waste those critical hours.
Here is what Arash Law does differently for clients involved in bicycle accidents in Hayward:
- Evidence Preservation. We identify potential sources of video and other evidence and send preservation requests when appropriate. This may include BART, local agencies, private businesses, and other parties that may have relevant footage.
- Insurance Claim Management. We handle communications with insurers, including commercial and rideshare carriers, and work to protect clients from statements that could affect their claims.
- Trial Preparation. We prepare cases with litigation in mind and gather medical records, witness information, expert evidence, and other documentation needed to support the claim should a lawsuit become necessary.
- Government Claims. When a public entity may be responsible, we identify the appropriate agency, track applicable deadlines, and help preserve evidence of the road condition in question.
Arash Law has recovered over $1 billion for injured clients across California. No two crashes are identical, yet the process that protects your rights is the same. Act before the evidence disappears and the deadlines pass.
Frequently Asked Questions About Bicycle Accidents in Hayward
Bicycle crashes in Hayward can raise practical questions about insurance, fault, filing deadlines, government claims, and available compensation. The answers below explain how California law applies to common situations involving cyclists in Hayward, including hit-and-runs, helmet use, dangerous public property, school buses, and legal fees.
Do Helmet Laws Affect My Bicycle Accident Claim in Hayward?
They can. However, wearing a helmet does not automatically prevent you from recovering compensation. California requires bicycle helmets for riders under 18 on streets, bikeways, and public bicycle paths or trails. Unless they are on a Class 3 e-bike, riders 18 and older are not required by state law to wear one.
If an adult cyclist suffers a head injury while not wearing a helmet, an insurer may argue that a helmet would have reduced the injury. Whether that affects compensation depends on evidence showing that the lack of a helmet actually contributed to the severity of the injury.
The Driver Who Hit Me Near the Tennyson Road Interchange Drove Off. What are My Options?
Report the hit-and-run to the appropriate law enforcement agency as soon as possible and notify any insurer that may provide uninsured motorist coverage. If you have UM coverage on your own auto policy, or qualify as an insured under a resident spouse’s or relative’s policy, it may apply even if you weren’t driving at the time.
To file a claim for a hit-and-run, California generally requires proof of physical contact, a police report within 24 hours, and a sworn statement to the insurer within 30 days. You must also take certain action within two years to preserve a UM claim, such as filing the required lawsuit, reaching an agreement with the insurer, or formally starting arbitration.
Can I File a Claim Against the City of Hayward or Caltrans for a Dangerous Crossing?
Potentially. A public entity may be liable if its property was in a dangerous condition, the condition caused the injury, and the requirements of GOV § 835 are met. This generally includes showing that a public employee created the condition or that the agency had actual or constructive notice of it in time to take protective measures.
The City of Hayward may be responsible for property it owns or controls, including City-maintained streets and bicycle facilities. Caltrans may be responsible for areas near freeway ramps and other state-controlled locations. Responsibility should be confirmed for the exact crash site. A government claim deadline may also apply. See the Deadlines section above.
What If My Child Was Hit by a School Bus Near a Hayward School?
The school district, a private transportation company, the driver, or another party may be responsible depending on who operated the bus and how the crash occurred. A school bus driver must use reasonable care under the circumstances, and additional safety duties may apply, including when turning, passing, or otherwise sharing the road with a child cyclist near a school.
If a public school district may be responsible, California’s rules for government claims generally require that a personal injury claim be presented within six months after the claim accrues. See the Deadlines section above for the government claim process.
Does It Cost Anything to Hire Arash Law for My Hayward Bicycle Accident?
It typically won’t cost you anything up front. Arash Law handles bicycle accident cases on a contingency fee basis under Bus. & Prof. Code § 6147, which requires written disclosure of the fee arrangement. You pay no attorney’s fees unless we win or settle your case.
Get a Free Case Evaluation from Arash Law
Hayward cyclists hurt on Mission Boulevard, Tennyson Road, or the BART station area deserve an attorney who knows the local roads, the Hayward Hall of Justice courthouse, and the parties that hold the evidence your case depends on.
Arash Law serves cyclists throughout California. Our free case evaluation is available in English or Spanish.
Call (888) 488-1391 (available 24/7) or contact us online. Arash Law. Make Them Pay, Call AK.
