Articles
BICYCLING Magazine
PACESETTER
THIS CYCLING LAWYER PASSES THE (HANDLE) BAR EXAM IN HIS
FIGHT FOR RIDERS' RIGHTS
Some lawyers specialize in corporate law,
others in probate. Gary Brustin specializes in bikes. A personal-injury
attorney with offices in Beverly Hills and throughout California, the
48-year-old Brustin has been a lawyer for more than 20 years and a cyclist for
more than 30. About ten years ago he decided to focus on cycling-related cases.
Today these condstitute 95% of his practice.
That doesn't leave much time for riding, but
Brustin manages to get in four to five hours a week around his home in the Los
Angeles area. He owns five bikes, including a classic 20-year-old Masi Gran
Criterium road bike equipped with Campy Nuovo Record and a sleek Trek Y33
dual-suspension carbon mountain bike with Shimano XTR components.
Brustin dropped by our West Coast office
recently to talk about his most memorable cases, as well as such topics as
cycling and the legal system, road rage, and what to do if you're in an
accident. How do cyclists fare in our legal system?
Ten years ago, a driver would be apologetic
if he hit a bike rider. Now the driver attitude I'm seeing is, "What were you
doing on the road? Why weren't you on the sidewalk? It's not my fault-I'm going
to fight this." I've even had a judge say to me, "Why wasn't your client on a
bike path?" A judge! It's frightening-that's not the law.
In virtually every state, cyclists have the
same rights and responsibilities as motorists. But there's a big danger these
laws could be taken away. In Louisiana, for example, a legislator recently
proposed a bill outlawing bikes in business districts statewide.
We are clearly under attack. As cyclists we
walk into the judicial system with two strikes against us. What are the
most tragic cases you've been involved with?
A car thief had stolen an SUV and was
driving around scaring cyclists by crossing the center line and buzzing them.
A woman was out training for a charity ride
on a country road. The driver hit her head-on and broke almost every bone in
her body. She was lucky to be alive, but she'll have lifelong problems. The guy
got 25 years without parole. Another time, a drunk driver swerved and hit a
rider who was going 10 mph uphill, killing him instantly. The police asked the
driver how much he'd been drinking that day and he said, "No more than
usual-about a six pack." What are the most humorous cases you've
encountered?
A guy was riding home around dusk in the
bike lane with lots of shadows. A gas-company truck was parked in the
lane-which was legal-in a shaded area with it's rear doors open. The cyclist
rode right into the interior of the truck and landed practically in the
driver's seat. He wasn't hurt badly and I didn't take the case. In another
case, a dog ran into the middle of a club ride and caused a pile-up. Several
witnesses saw the dog run back to its home, but the homeowner claimed it wasn't
his animal. So I subpoenaed the dog. But the defense attorney refused to
produce the pooch and demanded a dog lineup! The judge said this was absurd,
and we ultimately proved it was the owner's dog. Do you get many cases
involving mountain bikes?
I get a lot of calls, but often there's
nobody to prosecute-if you ride off a cliff, for instance, who's to blame? In
California, mountain biking is considered an ultra-hazardous activity, so the
state is immune from prosecution. the law really works against you on those
trails. What should you do if you're involved in an accident?
First, get medical care if you need it.
Cooperate with the police, even if they seem hostile. Get names and addresses
of witnesses. Police officers, especially those in big cities, are often too
busy to do this. And preserve evidence. Don't fix your bike, don't wash your
clothes-they're important indicators of how the accident occurred. If you feel
your rights have been violated and you have sustained a serious
injury-something beyond scrapes and bruises-contact a lawyer.
-Scott Martin
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