Bicycle Accident Archives - Page 2 of 9 - Gary Brustin

Crucial Evidence to Gather For You Bicycle Accident Case

Posted on November 8, 2018November 18, 2019 by Gary Brustin

Bicycle Accident Case

No matter what your case is, it is the evidence that will make it or break it. That is how the rule of law works. If you have the valid evidence to prove your side of the story, then you are likely to win your case. If you have been in a cycling accident, you will need evidence to prove your damages and the fault of the accident as well. As such, consider gathering this important evidence.

Key Pieces of Evidence

Witness Statements – If anyone saw the accident happen, this can be important. They will be able to objectively detail how the accident went down. Be sure to get names and phone numbers at the scene for further use.
Photos of the Scene – This is not always possible as you may need medical attention. However, you should take photos of the scene of the accident if possible. They can hold a number of clues as well as show the sheer devastation.
Police Report – The police should be called to the scene of even minor accidents so they can create a police report. In essence, the police report is an official document showing pieces of evidence you wouldn’t even think of gathering. It describes the accident, makes note of key features like skid marks on the road, and can even make a recreation of what happened via diagrams.
Document of Injuries – Be sure to keep all medical records of your treatment for potential compensation. Furthermore, as injuries have a tendency to heal before court dates, be sure to take pictures of each injury to give the court something visual to see.

Unfortunately, much of this evidence can be difficult to gather on your own. This is why every injured cyclist needs the help of an experienced lawyer to help them get the best start and finish your case. If you were in a bicycle accident and need help, contact us today.

Cyclist Dies Trying to Prevent a Hit and Run

Posted on October 25, 2018October 8, 2019 by Gary Brustin

Hit and Run Accidents

Hit and run accidents are a serious problem among the cycling community. In cities across the United States, drivers are more likely to strike a cyclist and drive away than they are when they hit another vehicle. It could be said that striking an unprotected person on a bicycle is more panic-inducing than hitting a person in the protective shell of a car, but there is no excuse for hit and run accidents ever.

In the News

Unfortunately, a recent hit and run accident for cyclists turned deadly for a different reason in Long Beach. In this incident, two friends were riding down the street when one was struck by a Ford Expedition. After the accident, the driver of the car sped off, and the victim’s riding companion peddled after him.

The cyclist eventually ended jumping on the hood to try and stop the fleeing driver. Even as the car swerved, trying to throw the cyclist off, the cyclist tried to reach into the car to turn off the ignition. Unfortunately, after a half-mile, the cyclist was thrown off, and after hitting his head on the curb, passed away.

In a small bit of fortune, the first victim walked away with only minor injuries, but the perpetrator ended up fleeing after abandoning the vehicle. While this is a story almost straight out of an action movie, it shows how innately angry cyclists are at the frequency of hit and run accidents in their community. Unfortunately, it ended poorly for the cyclist trying to get justice for their friend.

Justice

Hit and run accidents are difficult not only for seeking legal action but if there is no one else to report the accident, then it can turn even more serious for the victim who needs medical attention. If you were involved in a cycling accident, even if it was a hit and run, contact us today. The Law Office of Gary Brustin can help you seek justice.

Is a Cyclist Considered a Driver or a Pedestrian?

Posted on June 22, 2018October 8, 2019 by Gary Brustin

Driver or Pedestrian?

This is a common question and one that doesn’t always have a clear answer – is a cyclist a driver or pedestrian? Unfortunately, the classification can differ from state to state and even from city to city. As to why this question is important, the classification states if the cyclist has to ride on the road or if they can ride on the sidewalk.

In cities where cycling law prohibits riding on a sidewalk, then the cyclist, who has to ride on the road, would be considered a driver by the law. However, in most states, the cyclist has the right to ride across a crosswalk and drivers would have to yield to them as if they were pedestrian traffic.

This is often where the confusion between drivers and cyclists begins and where the potential for accidents start. If they are on the road, many drivers often see cyclists as other drivers and hold them to the same rules, which is why so many accidents happen when a cyclist is going straight and another driver is turning right. The drivers don’t realize that the cyclist has the right of way like a pedestrian then and the cyclists believe that they do.

The unfortunate reality is that we need to stop asking whether a cyclist is a driver or a pedestrian and need to just start acknowledging them as a third option that has a hybrid of both rules. However, even if we start acknowledging this, without the proper roadway education, accidents will still happen.

We Can Help

If you have been in a cycling accident because of the negligence of another, then you are entitled to compensation for your injuries. If you have been hurt while riding on the roadways, contact us today to see what the Law Office of Gary Brustin can do for you.

Michigan Considers Adding Bicycle Safety to Driver’s Education Curriculum

Posted on May 10, 2018October 8, 2019 by Gary Brustin

Any cyclist knows that the biggest danger on the road is other drivers. It is not even because motorists are acting somehow malicious to cyclists either. Most of the time, accidents involving cyclists are caused purely because a motorist doesn’t know how to share the road. However, Michigan lawmakers are considering forcing the next generation of drivers to learn by adding bicycle safety to their driver’s education curriculum.

The House Committee on Transportation moved this bill to the Michigan House floor. In it, the bill states that driver’s education curriculum would now include at least one hour of instruction on the laws and safety revolving around bicycles, motorcycles, pedestrians, and anything else classified as vulnerable roadway users. As there are already pieces of curriculum for pedestrians and motorcycles, this will be more centered on bicycle safety than anything else.

Co-sponsors and supporters of this bull state that motorists are often confused by the number of different bicycle pathways that are appearing in many Michigan communities. This is especially true when it comes to bicycle pathways that are installed between roads and parking areas. Some drivers may know that they are not allowed into bicycle lanes, but then they don’t know how to park without just zipping through them.

Hopefully, the bill, which is now being voted on, passes and goes into law. While it won’t do anything for many of the drivers on the road today, it does paint a potentially safer future for cyclists as more teens take to the road with full knowledge of how to share the road with bicycles.

Unfortunately, until everyone becomes educated on how to share the road with bicycles, accidents will still happen. If you have been in a cycling accident with a motorist, you need someone who is in your corner. Contact us so the Law Office of Gary Brustin can make sure you get the compensation that your injuries deserve.

Seven Things to Do if You are Involved in a Bicycle Accident

Posted on April 13, 2018October 8, 2019 by Gary Brustin

Bicycle riders are particularly vulnerable when they are riding in areas with automobiles. While automobile drivers are protected by a metal cage wrapped in steel, bicyclists are completely vulnerable should they collide with a car or truck. Most riders are careful and watchful around motor vehicles, but bicycle/automobile accidents are still too common.

In fact, according to the National Highway Traffic Safety Administration (NHTSA), more than 800 bicyclists died in a motor vehicle crash in 2015, a 12% increase over the previous year, and 45,000 received injuries in a motor vehicle crash.

With numbers like these, it is important to know what to do if you become involved in a car or truck accident when on your bicycle. Here are seven steps to keep in mind.

1. Get Out of the Street

If you are not too badly injured, get out of the street as fast as you can. Accidents happen quickly, and oncoming traffic might not see you on the ground. You do not want another vehicle to strike you. Check your body to for cuts and lacerations, even broken bones.

2. Call 911

Call the police and tell them that you are a bicyclist and have been injured in a motor vehicle accident. Request medical attention.

3. Get the Driver’s Information

Ask the motor vehicle driver for his name, address, and insurance information. Do not discuss the accident. Do not admit any kind of quilt. Do not minimize your injuries. This can work against you if you should end up in court.

4. Gather Witness Information

Get the name, phone number and address of witnesses. If you are not feeling well enough to do this, then ask someone nearby to do it for you. Do not, however, discuss the accident with witnesses.

5. Take Accident Photos

Use your smartphone to document the accident. These pictures will come in handy if you go to court.

6. Talk to the Police

When the police arrive, tell them what happened. Be honest. Most states have laws regulating the right of way, distances between bicyclists and motor vehicles and more. Explain to the police why you are not at fault and request that the car or truck driver receive a ticket.

7. Talk to a Lawyer

You might decide to file a claim with the driver’s insurance company. Before doing so, talk to a skilled bicycle accident attorney. The insurance company is not your friend and will do what it can to mitigate your claim.

If you are a bicyclist who has been injured in a motor vehicle accident, then please contact us. Our team is standing by ready to assist.

Who is Liable for Accidents on Poorly Maintained Bike Paths?

Posted on February 16, 2018October 8, 2019 by Gary Brustin

While many cities are making leaps and bounds in terms of becoming more cyclist-friendly, there are those who don’t put quite so much priority on it. Even then, cities that make efforts to add bicycle lanes often make the mistake of letting bike paths go unmaintained. The question is if people are getting into accidents on poorly maintained bike paths, who can be held liable?

Many cities across the U.S. have a sort of sweeping immunity when it comes biking, hiking, and other leisure paths. Since it is difficult to tame nature, these paths are often uncared for. This is understandable for simple dirt paths through the forest. But, what about for the paved bike paths that wind through the cities?

The Precedent

Recently, there was a case in Illinois where a rider was injured in an accident on a bike path. This was not some dirt pathway through the forest, but a paved path that went through an industrial area. After arguing the case all the way to the Supreme Court, it was decided that the blanket immunity the city claimed was only valid for primitive paths, and thus the municipality was to be held liable. This case can pave the way for others injured on bike paths in cities that do not take responsibility for maintaining them.

If you have been hurt on a poorly maintained bike path or bicycle lane, the city should bear that responsibility. If you wish to fight for your rights as a cyclist, contact us today.

What to do if You are in a Bicycle Accident

Posted on February 2, 2018October 8, 2019 by Gary Brustin

Riding a bicycle is a great form of exercise and mode of transportation. While riding a bicycle is generally considered to be a very safe activity, there are situations in which you may be involved in an accident. If you are involved in a bike accident, there are several things you should do to make sure you are not seriously injured and are properly represented.

Make Report and Gather Evidence

When you are involved in an accident, one thing that you will need to do is make a report and gather evidence. If the person driving the car does not flee the scene, it should be easy to work with them to obtain their vehicle and insurance information. If they do you happen to leave without checking on your status, you should do your best to take a picture of the vehicle and contact the police immediately to fill out a police report.

Receive Medical Attention

If you are involved in a bicycle accident, the most important thing that you need to do is make sure that you are OK. If you are seriously hurt, you should go to the hospital and receive medical attention immediately. Even if you do not have any obvious signs of injury, it would still be a good idea to go in for an examination as there could be internal damage that is not yet evident.

Legal Representation

If you are involved in an accident while you were riding a bike, you should also contact us for legal representation. Our firm will be able to provide you with consultation on your case and work with all other parties involved in the accident to ensure you are properly represented. This can include receiving a settlement for damage your property, coverage for your medical bills, and even reimbursement for any pain and suffering.

Seeking Justice from Bicycle Accidents Due to Road Hazards

Posted on January 25, 2018October 8, 2019 by Gary Brustin

When cyclists think of accidents, primarily they think of accidents involving other motorists. While this is the most common type of cycling accident, motorists that do not know how to share the road with cyclists aren’t the only cause. Often there can be not another car in sight, but an accident can still happen. In these cases, often it is road hazards that are to blame.

A “road hazard” is a broad term that can cover a lot of different incidents. However, most commonly a road hazard accident is typically caused by:

Potholes – Potholes are dangerous to all those on the road, but particularly so to the cyclist that is unaware of them. Holes caused by construction should be clearly labeled and marked off while potholes caused by long-term wear to a road can mean that those in charge of maintaining roadways are negligent.
Sewer Grates – In many cases, sewer grates are safe to ride over thanks to efforts to make them so. However, older sewer grates lack the crosshatch safety features, making it so the grates run in the direction of travel. This, as you can imagine, is an easy trap for cycling tires.
Rail Tracks – Rail tracks can be rough on motor vehicles and dangerous to cyclists as well. As rail tracks create uneven pavement, it can dramatically affect the balance of a cyclist or even trap the relatively thin tires of a bicycle. This danger becomes even worse if the tracks are poorly maintained.

Who is Responsible for Road Hazard Accidents?

When it comes to cycling accidents that were the fault of road hazards, often liability can be placed on many different parties depending on the unique facts of the case. Liable parties can include the state, county, city, or any public agency therein that is responsible for maintaining the roadways.

Unfortunately, unlike an accident with a motorist, liability can be difficult to assign in these cases. This is why it is crucial that you contact a lawyer as soon as possible. Cycling advocates like Gary Brustin will go over the unique factors of your case to make sure you get the justice that you deserve.

City Cycling: Risky Accident-Prone Bicycle Maneuvers to Avoid

Posted on December 22, 2017October 8, 2019 by Gary Brustin

Riding on city streets often isn’t a simple relaxing roll down an empty country road. In fact, city cycling requires a lot of thought and multiple judgment calls per ride to assure that you and your bicycle arrive safely. This has opened up a lot of maneuvers that, while not strictly illegal, are not exactly safe either. If you want to get somewhere safely, here’s what to avoid.

Riding Through the Rain

No one wants to get wet, none more so than cyclists who don’t have the same waterproof shell of a car to protect them. If it starts letting loose, you may be in a hurry to ride home. Riding in the rain is risky enough business, but increasing speed can make it deadly. You are more prone to skidding, can’t stop as quickly, and visibility is lowered. If you have to ride through the rain because there is nowhere to stop, the safest thing to do is to actually reduce your speed, just like vehicles should.

Not Indicating Turns

If you have ever ridden behind a car, you know how utterly irritating it is when they change lanes or turn without their turn signal on. It is just as irritating for a cyclist to do the same, but it is also infinitely more dangerous to you. Turn signals and hand signals were put in place to make traffic more predictable. Unpredictability causes accidents, after all. Even those who don’t know how to share the road with a cyclist are likely to still give you at least a bit of caution if they know what you intend to do.

Sliding By Traffic

The nice thing about riding a bicycle is it is compact and maneuverable. This means you probably don’t think you can get stuck in a traffic jam since you can just slide on by the block of cars. This is dangerous, but not strictly illegal. You can be ticketed for passing on the right, but the real danger is getting doored. This is particularly prevalent in big taxi cities where customers caught in traffic often decide to just hoof it instead. The key here is to either wait with the rest or go very, very slowly to avoid any suddenly opening doors.

It is often these maneuvers that contribute to a lot of cycling accidents, but in some cases, legal action for your damages can still be sought. If you have been in a cycling accident and need representation, contact us today.

The Story of Nako – Rear-Ended by the Car and Sued By the Driver

Posted on December 1, 2017October 8, 2019 by Gary Brustin

If you are well-versed in the cautionary tales of other cyclists, then you might already know the story of UCLA Ph.D. candidate Nako Nakatsuka. While many cycling accidents are horrifying, there is none more outrageous than her case.

In April 2014, Nako was riding her road bike from work when she was rear-ended by a speeding car. She was hit with such force that the front bumper of the car was caved in and her bike ended up all the way under the rear wheel of the car. Nako was left with serious damage to her body including a concussion, whiplash, and several severe lacerations to her body, but thankfully she lived. Yet, she wouldn’t know that her injuries weren’t going to be the worst part of this accident.

After the accident, instead of paying for her own extensive medical bills, the insurance company for the driver sent her bills for damage to the car. Not only did they want her to pay for the front bumper damage, for which they claimed she backed into, but they also claimed she smashed into the side of the car.

Now not only was Nako on the hook for her own medical bills, but she had to invest her own money into lawyer bills. What made Nako’s case so difficult? The one key factor that made this all happen was that the police officer at the scene of the crash failed to write a report. Had they written one, there would have been no case against Nako. Her bicycle was clearly under the rear tires, thus she definitely didn’t back into the car, and there was no way she could have hit it from the side either.

Nako’s story is horrible, but she was able to help raise the money she needed for lawyer fees and medical bills through a successful GoFundMe campaign and outpouring from the cyclist community. Her story should, however, be one of caution from now on. While cycling accidents often look very clear, it doesn’t mean the driver who is responsible will always take responsibility. Furthermore, if there is no police report to confirm the story, you could be held on the line for an extensive amount of damages.

If you have been in a cycling accident, contact us today. The Law Office of Gary Brustin is dedicated making sure injured cyclists get the justice they deserve.

Distracted Driving: When Failure to Pay Attention Negatively Impacts Lives

Posted on November 10, 2017October 8, 2019 by Gary Brustin

As Max Wasserman of The Daily indirectly noted back in late July 2017, distracted driving isn’t just something that plagues motorists and pedestrians. In places all across the country, it’s having a negative impact on cyclists as well. For further proof about the wide-spread nature of this problem, check out the letters New York Times’ Editor, Dean Baquet, received in early August 2017. They too tell the tale of what daily distractions are doing to this country, beyond the rising accident statistics.

There’s the physical and psychological damage cyclists experience to contend with as well. In June 2017, Reuters’ published the results of a bicycle accident study conducted in our own State of California. It clearly showed that medical related expenses alone may cost cycling enthusiasts thousands of dollars per accident. Of course, that estimation doesn’t even begin to scratch the surface of the incidents’ true cost, which often includes loss of future wages, bouts of anxiety and permanent disabilities.

For example, did you know that people involved in bicycle accident may find themselves diagnosed with PTSD? It’s true and such occurrences are widely noted by Family Doctors. Those cyclists unfortunate enough to be diagnosed with the condition may suffer irreparably damaged relationships as well as lifelong battles against giving in to depression, hallucinations, and suicidal thoughts.

As such, it is imperative that our nation’s governing bodies consider implementing measures designed to do more than just penalize distracted drivers. They must ensure the safety of cyclists and provide ways to obtain damage relief as well. Unfortunately, not all governing bodies or accident attorneys are well versed in bicycle law. As such, they may not be adequately prepared to fight for the rights of those whose lives have been impacted by bicycle accidents.

At the Law Office of Gary Brustin, we are prepared to represent and fight for the rights of bicycle accident victims as well as their families. To learn more about what we do and why, please contact us directly today.

Biking in Big Cities: PA/NJ Cyclists Receive Much Needed, Brotherly Love

Posted on November 3, 2017October 8, 2019 by Gary Brustin

Philadelphia may be more than 2,200 miles away from our law offices in California but no matter. Distance cannot stop the kinship we feel with those who think of biking as a way of life. Accordingly, we were pleased to read about what The Delaware River Port Authority is doing for fellow bikers who call the City of Brotherly Love and New Jersey their respective homes.

In case you missed it, they’re about to launch a cycling focused, construction project that may go a long way in preventing biking accidents on bridges. We’re excited for them and can’t wait to see what the proposed ramp will look like in 2019 when it’s expected to be open to the cycling public. In addition to preventing accidents, we sure it, as well as the revamped Circuit Trails, will make the area more pleasant for local and out-of-town bicycling enthusiasts alike.

Some may recall that California has had its own share of bridge-related, biking accidents. As a matter of fact, a high-profile one occurred earlier this year. It was so horrific, that it was covered by national media sources, including but not limited to the LA Times, GrindTV, SB Nation, and Esquire Magazine. Those affiliated with the Delaware River’s Port Authority are no doubt hoping their plans will help prevent similar occurrences and more from happening there.

But what about bicycle enthusiasts who don’t live anywhere near Pennsylvania or New Jersey? Will they see relief from bicycle accident related problems in the coming months too? In a word, the answer is, “Maybe.” As it stands now, Californians involved in bridge related, bicycle accidents must generally turn towards the court system for relief and that can be a tough road to travel without legal representation. To learn more about what people and their bicycle lawyers are doing in our state about that, please contact Attorney Gary Brustin today.