Oakland Pothole Settlement Sets New Record at $7 Million
The City of Oakland has agreed to a record $7 million pothole settlement with cyclist Ty Whitehead, 58, who suffered permanent brain injuries and disabilities after a devastating 2017 crash on Skyline Boulevard. The payout, expected to be approved by the city council on October 7, is the largest pothole-related settlement in Oakland’s history.
Whitehead was training for an AIDS ride when his front wheel struck a deep pothole on the steep road, throwing him over the handlebars. He spent two weeks in a coma, suffered lasting brain damage, and has been unable to work since.
“I just hope Oakland realizes that it’s cheaper to repair the roads than to keep paying cyclists,” Whitehead told reporters.
Years of Litigation and a Supreme Court Ruling
The case faced years of legal battles. Oakland initially argued it was not responsible because Whitehead had signed a liability waiver. The Alameda County Superior Court and the 1st District Court of Appeal dismissed his claims.
However, on May 1, 2025, the California Supreme Court unanimously reversed those rulings, holding that cities have a statutory duty under Government Code §835 to maintain public roads in reasonably safe condition. Justice Kelli Evans, writing for the court, emphasized that liability waivers cannot excuse a city from its responsibility to ensure safe roads for all users, including cyclists.
Whitehead’s legal representative called the decision a landmark: “The Supreme Court made clear that cities and counties can’t get out of their responsibility to maintain safe roads. The right of free travel applies to bicyclists as much as it does to drivers.”
Oakland’s Troubling Record of Pothole Payouts
Whitehead’s settlement comes on the heels of two other $6.5 million payouts:
- Bruno Van Schoote (2023): Suffered spinal injuries from a cracked road on MacArthur Boulevard.
- Lynne McDonald (2024): Left paralyzed after hitting a pothole on Grizzly Peak Boulevard.
In total, Oakland has paid $34 million in pothole settlements since 2018 — more than any other Bay Area city. By comparison, San Jose paid $8 million over five years, while San Francisco reported $26 million for all street maintenance lawsuits combined.
Life After the Crash
Once an operations manager for two law firms and an avid cyclist, Whitehead now struggles with daily tasks. He relies on Social Security disability and help from his family to navigate paperwork.
“My accident ended a huge part of my life. I don’t ride like I used to, and I miss the exercise, the stress relief, and the camaraderie,” he said.
Although he sometimes rides a three-wheel recumbent bike, he admits, “No freewheeling across Marin and the East Bay like I used to.”
Legal Context: Road Defects and Compensation
California law is clear: under Government Code §835, public entities are liable if someone is injured because a road was not kept in reasonably safe condition, and the city had actual or constructive notice of the danger.
Victims of roadway defects may pursue damages for:
- Medical expenses and rehabilitation
- Lost income and diminished earning capacity
- Pain, suffering, and loss of quality of life
- Long-term disability and caregiving costs
The Whitehead ruling underscores that liability waivers do not shield cities from lawsuits when public infrastructure is unsafe.
Types of Compensation Available
Victims of roadway defects may pursue damages for:
- Medical expenses and rehabilitation: Emergency care, surgeries, hospital stays, physical therapy, and lifelong medical support.
- Lost income and diminished earning capacity: Recovery for wages lost during treatment and compensation for permanent loss of earning potential.
- Pain, suffering, and emotional distress: For the physical pain, emotional trauma, and reduced enjoyment of life caused by permanent injuries.
- Long-term disability and caregiving costs: Including in-home assistance, modifications to living spaces, and ongoing support for daily needs.
- Wrongful death damages (CCP §377.60): Surviving family members can recover funeral expenses, loss of financial support, and loss of companionship if a loved one dies due to unsafe road conditions.
How We Can Help
If you or a loved one has been impacted by a crash like the Oakland pothole settlement case, you don’t have to face the aftermath alone. Our experienced attorneys are here to help you secure justice. We offer:
- Free Consultations: Learn your rights and options at no cost.
- No-Win, No-Fee Guarantee: You only pay if we win your case.
- Comprehensive Support: From investigating dangerous road conditions to seeking maximum compensation, we’re with you every step of the way.
Medical Treatment You Need, Money You Deserve
Cyclists should never pay the price for neglected roads. If you or a loved one suffered serious injuries due to unsafe conditions, contact the Brain Injury Help Center for a free consultation today.
