What to Do After a Hit and Run as a Cyclist

The unfortunate truth about cycling accidents is that the cyclist is wildly more likely to be a victim of a hit and run. No one can know for sure why hit and run accidents happen. Maybe the driver lacked insurance, maybe they were intoxicated, maybe they thought the cyclist would just rub some dirt on it and get back up. Regardless of why the driver did it, if they hit a cyclist and drove off, it is big trouble for both parties.

The First Step

Always be to seek medical attention first as a cyclist. However, be aware that you need to work fast or you may lose crucial evidence forever. In hit and run cases, this evidence comes often in the form of witnesses. Luckily, unlike other accidents, people are so disturbed by the cruelty of a hit and run, they are more willing to testify. If you call the police after the accident, they can help gather witness statements and contact information.

The Law

Police should also work with you to find the driver, not just for your civil case, but because they have committed a crime by driving away. This means the police will likely use nearby traffic cams in order to get the license plate number where they can then track down the owner. This is great news for an injured cyclist as it can often feel like once that driver drives away, then they will never be found again. However, that is far from the truth.

We Can Help

If you have been in an accident, whether it be a hit and run or a traditional accident, you will still need legal representation to get the compensation that you deserve. For those who have been hurt in a cycling accident, contact us today to see what the Law Office of Gary Brustin can do for you.

 

Bicycle Accidents For Those Without a Car

For some, they have managed to break free of the auto dependency that consumes most people. The stars have aligned and these people are able to get everywhere they need to go on their bicycle. As such, they don’t have much need for a car. However, this can present a unique problem. Without a car, you also have no need for auto insurance, something that in the event of an bicycle accident, can be helpful.

Insurance

In truth, even if you are a cyclist, it might be beneficial to have auto insurance even if you don’t have a car. These policies can be helpful in the event of an accident. Don’t just depend on the fact that you can get the motorist’s insurance to cover the accident.

It is crucial to remember that not all accidents are caused by motorists. Many of them are, for certain, but a cyclist can be just as responsible in some accidents, and as such, may be barred from insurance coverage as the party at fault. So even if you have become free from the burden of a car, you may want to think twice before becoming free from auto insurance.

Bicycle Accident Lawyer

Have you been hurt in a cycling accident? Regardless who was at fault, we can help you. If you have been injured or your bike has been totaled, contact us today to see what the Law Office of Gary Brustin can do for you. As a cyclist himself, Gary Brustin understands how dangerous the roads can be for us. As such, he has dedicated his life to seeing that a cyclist’s rights in an accident are preserved.

 

Do Law Enforcement Have a Biased in Cycling Accidents?

Cycling Accidents

Everyone likes to think that when an officer arrives on the scene of an accident, they look at the whole situation with an objective eye to best gather the facts of an accident. While there are certainly some officers that do this, when it comes to cycling accidents, it is no secret that there is a certain level of bias against the cyclist by law enforcement officers.

What’s the Difference?

This bias comes from the same place that cycling accidents often come from – a lack of information. When it comes to car accidents, the whole scene is a familiar one for law enforcement officers. However, like other motorists, many law enforcement officers aren’t exactly well-versed in the laws, common practices, or even the behavior of cyclists. To some, cyclists on the road are an unknown factor that makes them uncomfortable. It is easier for a law enforcement officer to believe a cyclist caused an accident over a motorist that has a clear-cut sort of behavior on the road.

Unfortunately, what this means for the cyclist is a poorly documented crash scene. Law Enforcement will state the facts as best they can, but lacking the knowledge of cyclist behavior, sometimes they don’t capture the whole picture. This can make receiving compensation for an accident difficult for the cyclist. It is something that needs to be addressed sooner rather than later as more cyclists take to the road and laws are constantly constructed to protect them. However, until then, the cyclist will need to be responsible for documenting their own accidents if possible.

Legal Help

If you have been in a cycling accident and need legal representation that understands, contact us today. As a cyclist himself, Gary Brustin and his law office understand what cyclists go through. If you were badly hurt, let him help you recover the compensation that you require.

“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.

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.

Cyclist Dies Trying to Prevent a Hit and Run

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.

What Should You Do When Your Bike is not a Bike?

 

Bikes aren’t just bikes anymore. There are hundreds of variations available once you cross ‘car’ off of your list of preferred default vehicle. But it can be difficult to know what the legal situation is involving your bicycle. A Segway, an e-bike, and a unicycle have a lot in common, but the law enforcement pulling up behind you might see it differently.

Where is it safe to ride your ‘not a bike’?

There is no hard and fast rule when it comes to bike alternatives. Even the laws regarding traditional bikes can get a bit hard to nail down. That means your best option is to call up your city and your county and ask what the rules are. E-bikes, for example, are usually forbidden from the sidewalks even when manual bikes are allowed. There may be no specific law for unicycles. No matter what your specific vehicle is and where you plan on riding it, get the answer in writing, and make sure you have the answer for anywhere you might use it.

Why is the local government your best source of information?

Different laws are written for different people. The bike store where you got your ‘not a bike’ sees distinctions very differently from how you, the consumer, has to see them. They are more concerned about the technical definitions about what they’re allowed to sell to whom and with what addendums, not where you’re allowed to use it. The same vehicle might even be called two different things based on which set of rules you’re looking at.

But getting the word from your government is the best solution. It comes straight from the source. It shows preparation. If you think you’re doing the right thing and you have the email to substantiate that, you’re usually going to be fine rather than fined.

For more bike tips, browse our articles at the Law Office of Gary Brustin.

Is a Cyclist Considered a Driver or a Pedestrian?

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.

What to Do if the Driver That Hit You Doesn’t Have Insurance?

We don’t get to choose who we get into an accident with. If it were up to any cyclist, they would not get into an accident in the first place, but it happens. When it does, because of the very nature of both motor vehicles and bicycles, when they do get into an accident with each other, the damage to the cyclist and their bicycle is often extensive. Even minor accidents are likely to mean a very costly bicycle repair. Typically, when involved in an accident that is not our fault, cyclists rely on the driver’s insurance to cover the damages, but what if that driver has no insurance?

While there are less uninsured drivers on the road than ever thanks to the law that states drivers must have the minimum coverage, there is still a percentage that driver without insurance anyway. While you may think this makes you out of luck for coverage, if you also have auto insurance coverage yourself, you may still have options. The uninsured driver coverage in your policy will cover your damages if the other driver doesn’t have insurance. However, this is only true if the accident was the driver’s fault.

If you do not have auto insurance because you solely ride your bicycle, if the driver does not have insurance, you maintain the right to sue them from your damages. Often courts will lean much more in your favor and the driver will likely face additional punishment for not following the law.

While it is less likely you will get in an accident with an uninsured driver, there is still a large chance you will get into an accident. In this situation, you will want an advocate in your corner to make sure you get the compensation that you deserve. If you are a cyclist and have been in an accident, contact us today.

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

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.

 

What to do if You are in a Bicycle Accident

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.

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

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.