Valuing a Cyclist’s Personal Injury Claim

Cyclists are protected by the same laws that affect anyone using a road or sidewalk, and accidents can happen no matter how many safety precautions are taken. When cyclists are injured on a public road or sidewalk, they are usually able to claim compensation. Cyclists are often awarded compensation for injuries involving:

  • defective or faulty equipment
  • inadequately maintained roads and sidewalks
  • reckless drivers
  • aggressive pedestrians
  • other at-fault cyclists
  • and other unique circumstances.

Determining the value of an injury is an important part of any personal injury claim, and figuring out the exact amount a victim should receive in compensation can be difficult because injuries vary drastically and tend to be extremely specific to their particular cases.

What Will My Insurance Company Pay For?

The first step in determining the value of an injury claim is to know and understand the financial, physical, and emotional damages for which an insurance company may compensate a victim. 

Most liability insurance companies will compensate a personal injury victim for:

  • time spent out of work as a result of an injury
  • medical expenses
  • permanent disability
  • damaged property
  • emotional damages such as stress, anxiety, and depression
  • and negative effects on relationships with the victim’s children.

What Is My Insurance Company’s Damages Formula?

Injury claims are filed with the main purpose of applying a monetary value to expenses and suffering associated with an injury, and then awarding that value to the victim. It’s usually reasonably simple to add up medical expenses, property damages, and income lost while out of work, but there is no universal method for assessing appropriate compensation for emotional damages. So, insurance companies use a damages formula to determine the monetary value of a victim’s emotional pain and suffering.

A company’s insurance adjuster adds up the total medical expenses and uses the sum as a base number to calculate the monetary value of emotional damages. When injuries are reasonably minor, the adjuster will multiply the medical expenses by 1.5 or 2. When injuries are severe, the adjuster may multiply the medical expenses by up to 5. In extreme cases, the adjuster may multiply the medical expenses by up to 10. 

Am I at Fault?

Once the adjuster multiplies the victim’s medical expenses to determine the value of all financial, physical, and emotional damages, the company begins attempting to determine who is at fault in the injury. The company’s adjuster determines which parties are at fault and applies a percentage amount to each party. Whichever percentage of fault is applied to the victim is deducted from the damage value. 

Mr. Gary Brustin has protected cyclists’ rights exclusively for more than 20 years, handling more than 1,000 bicycle accident cases. For more information on Cyclists Rights and injury claims, contact The Bicycle Lawyer.

 

Is Your City Bikeable?

If you ride in your city, you may think it has pretty decent bikeability. After all, you get around alright. However, not every city that people ride their bike in is considered bikeable. In fact, the National Highway Traffic Safety Administration has a checklist for local riders to access the bikeability of their town.

This checklist covers items like whether or not lights register for bikes, if drivers behave appropriately around bikes, and even the basics of whether or not there are bike paths to ride on. This can help riders access the true bikeability of any local area. Furthermore, it also works to point out problems that we might not have really taken stock in, such as a lack of really safe places to secure a bike or too many scary dogs that harass riders.

Making Your City More Bikeable

Unfortunately, your local area, like many, will probably score pretty low. The good news is that the checklist can be a good way for local cyclists to identify and address problems. The checklist even adds on ways that you can foster healthy change in your community.

Yet, even by knowing what you need to change, it can be difficult to foster healthy change, especially by yourself. If you are an avid bike rider in your town, you may want to find, or even start, a group of like-minded individuals that can help show your local government that, yes, there are cyclists in your city and they want a safe and friendly place to ride.

Unfortunately, even if you are able to make a positive change in your community, change often comes slowly. Until less bikeable cities become better, they pose a risk for those that do ride the roads. If you have been injured while riding, contact us today. The Law Office of Gary Brustin is dedicated to representing the rights of injured riders, and we want to help you get the compensation that you deserve.

What Happens If a Bicycle Accident is Caused By a Recalled Part?

Unlike automobiles, bicycles use significantly less parts to function. This cuts down on the likelihood that a part will be faulty, but a single faulty part in a bicycle can cause the same danger as a faulty part in a car. This is why bike owners need to take the same care when a part is recalled. Every single part is designed to function together, and if one malfunctions, it can cause a devastating bicycle accident.

Recalled Parts

If a part on your bicycle has been recalled, the manufacturer has the duty to inform the owner, who then has a duty to replace that part. However, we tend to let things go. If a part malfunctions and may have been the cause for your bicycle accident, what do you do?

The answer boils down to whether or not you were informed that a part had been recalled. If you never received a recall notice and discovered a faulty part caused your accident, you may be able to receive compensation from the manufacturer. However, if you did receive a recall notice and failed to take action, then this removes that manufacturer from liability.

Bicycle Accident

If you were involved in an accident with another driver as well, it a combination of their fault and a faulty part caused it, you may be able to pursue compensation from both or even either. In truth, if the driver was at fault, it would be easier to pursue a case against them as manufacturer typically take many steps to protect themselves and cases can take time.

If you have been injured while riding, whether it was due to a faulty part or another driver that didn’t know how to share the road, contact us today. The Law Office of Gary Brustin is dedicated to helping injured cyclists get the compensation that they need for devastating accidents.

 

How Much Water Should You Drink While Cycling?

There are some cyclists that are under the belief that more water equals better performance when they ride. There are also those who feel a good drink of cold water should be a beloved reward when cycling. While how much water to drink is really up to personal preference, as with all things, science has some recommendations.

The Research

Researchers have taken to studying cyclists and their water imbibing habits, which has yielded some useful data. The study found that if you are prone to fast and short bicycle rides, you may actually want to lay off the water while in the activity. The research displayed that those who drank a lot of water on short rides ran a high risk of developing a stomach ache from fluid accumulating in the stomach alongside the water, leading to bloating.

Alternatively, if you are more of a long and leisurely cyclist, water consumption should follow a similar pace. The study shows that water consumed when thirst occurred shows that the cyclists put out better performance results than those that did not drink at all.

The Takeaway

So, in essence, it is better to enjoy water at your own pace, and that pace is when you actually feel thirsty. Over drinking or not drinking any water is likely going to hurt not only your performance but also your body as well. So, like most doctors will say, drink water when you feel thirsty for a lifetime of happy cycling.

Bicycle Accident

Unfortunately, no amount of water that you drink will protect you from a cycling accident. If you have been hurt while on a ride, you deserve compensation just like a driver in a car accident. If you have been in a cycling accident, contact us today. The Law Office of Gary Brustin can help you get the compensation that your injuries deserve.

 

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.

 

Choosing The Right Lawyer For Your Bicycle Accident

If you have been hurt on the road while riding, you are likely in pretty rough shape. In truth, bicycle accidents aren’t often simply walked away from. As you don’t have a shell of metal to protect you as you would in a car, the results of an accident can leave you laid up for months. However, you are entitled to compensation but need the help of a good lawyer, you need someone who looks out for a cyclist’s rights.

Specific to Bicycle Accidents

There are personal injury lawyers that handle bicycle cases, and there are those that handle bicycle accidents. If your lawyer doesn’t specifically mention that they handle bicycle accidents, then they aren’t the right choice for you.

Smaller Firms

For a bicycling accident, you may want to consider choosing a smaller law firm. Bigger is rarely better in this respect. Smaller law firms will generally give you better attention to your case instead of just passing it off to a dozen paralegals with the lawyer only ever looking it over when it goes to court. By choosing a smaller firm, they will likely have a specialization, such as accident or injury cases, that they are very good at handling.

Respected

It is never a good sign if no one knows who your lawyer is. If they are just starting out, that is one thing. It may even mean they will work harder on your case. However, if they are fine lingering in shadow without happy clients or respect from their peers, they might not be the right choice.

Need Help?

If you are looking for a lawyer that can help you with your bicycling accident case, then we may be the right choice for you. As a cyclist himself, Gary Brustin has become an advocate for injured cyclists. If you need a lawyer, contact us today.

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.