“Loss of Enjoyment of Life” After a Cycling Accident

Cycling Accident

Cycling accidents are incredibly common despite a number of measures taken to ensure our safety. Drivers still have very little idea on how they are supposed to share the road. When a car and cyclist collide, it’s hard to imagine anyone walking away unscathed. What happens when you are in a cycling accident?

Loss of Enjoyment of Life

While you can pursue compensation for medical expenses and financial matters like loss of income, you may also be able to ask for compensation for “loss of enjoyment of life” after your cycling accident. What does this mean? Well, typically it means you can no longer do something you enjoy. If you liked cycling for fun, not just as transportation, not being able to do it anymore can be considered a loss. It could be a permanent injury that prevents you from cycling again, or it could be the psychological impact of the accident. Getting hit by a car on a bicycle is nothing short of terrifying, after all.

Does This Effect You?

Unfortunately, asking for compensation for this can make a case more difficult and isn’t always a sure thing. You will have to provide witnesses who state how much you loved to ride your bike and can cite examples of times you did it for fun. For example, if you just rode to work, that may not qualify. However, if you were a frequent long rider who spent your weekends out on your bike, then this will make for a better case. It is also important to be realistic with how much you ask of this as well. It really will depend on how big cycling was in your life and whether the impact of the accident will permanently keep you away.

If you have been in a cycling accident and need compensation to cover your injuries, contact us today to see what the Law Office of Gary Brustin can do for you.

When Do You Need to Legally Use a Bicycle Light?

Bicycle Law

Many states, California included, have laws that state certain rules for cyclists riding after dark. One of the most important rules is the use of a bicycle light. Not only does a bicycle light help allow you to be seen, but it is also crucial to see the road in front of you. However, when exactly is a bicycle light required?

Knowing when you need a bicycle light also requires you to know when the sun rises and sets. For example, California requires the use of a bicycle light up to a half hour before sunrise and a half hour after sunset. Of course, this means the specifics of that law literally changes by the day. If the sun sets at 9 pm in July, then that bicycle light needs to be on at 9:30. If the sun sets a 5 pm in December, then the bicycle light needs to be on at 5:30.

Bicycle Citations and Accidents

However, what happens if you do not have a bicycle light on after dark? In California, you might face a citation, particularly if riding on highways. However, the most important thing to remember is if you get into an accident after dark without a bicycle light, suddenly you will find yourself with the fault in the accident. Even if a car veers straight for you, if you did not have a light on after dark, you will have fault in the accident and thus will not be able to recover as much compensation. This is why it is so important to be well-versed in the unique laws for cyclists. Your safety is the most important thing, but if the worst should happen, you will also want full coverage.

If you have been in a bicycle accident, contact us to see what the Law Office of Gary Brustin can do to help you.

Crucial Evidence to Gather For You Bicycle Accident Case

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.

Cycling Safety Laws: How a Simple Bicycle Turn Becomes Illegal

Cycling Safety Laws

While many state governments have taken steps to create laws specifically to keep cyclists safe, thanks to some very careful wording, you will find that laws can still find a way to wedge cyclists in if they should happen to do something wrong.

Turning Laws

A prime case of this is when it comes to illegal turns. The law states that a turn becomes illegal when a vehicle does so without reasonable safety. Due to the specific mention of a vehicle and not a motor vehicle, this means it is for cyclists too. Furthermore, the law covers the act of changing lanes as well as turning.

Cycling Law

The real issue with this law is that turning left on a bicycle can be notoriously difficult. The cyclist can sit uncomfortably in the left turn lane with the cars waiting to turn left or they can walk their bicycle across the crosswalks as a pedestrian in a longer, but much safer feeling maneuver.

However, where law enforcement can punish cyclist unnecessarily is for a lack of signaling. The law states that you need to signal at least 100 feet prior to the turn, and obviously for the cyclist using hand signals, that might not be very feasible. However, because that is specifically the law, this is how turning on a bicycle can quickly become an illegal act.

Accidents

Unfortunately, with all the effort that has been put into other cycling safety laws, the matter of turns is still widely neglected. Even worse, a majority of cycling accidents happen in a turning situation even when the cyclist is actively signaling. Most drivers don’t know how to handle the situation and they often end up making poor decisions. However, if you have been injured in a cycling accident, contact us today. The Law Office of Gary Brustin is dedicated to making sure injured cyclists get the compensation they deserve.