Bicycle Accident Lawyer Archives - Page 4 of 8

Who is at Fault for Bicycle Accidents Involving Children?

Posted on October 12, 2017October 8, 2019 by Gary Brustin

We talk a lot about bicycle accidents concerning adults. However, the truth is that a large number of adults ride their bicycles, but almost every child does too. They might stick to sidewalks sometimes, but at some point, they will use the streets as their pathway, and accidents will occur. However, just like bicycling accidents with adults, sometimes the children can be at fault, right?

The truth is that the law tends to lean more in a child cyclist’s favor compared to an adult. In the eyes of the law, adults are fully capable of making decisions for their safety. They know it is a bad idea to cross without looking both ways and they should know who has the right of way in what situations. However, children are often considered less responsible for this. In fact, drivers are considered responsible to take more care when children are present on the roadways. If only that was the case with all cyclists and there would probably be fewer accidents, right?

In terms of fault, when there is a car or bicycle accident involving children, in many cases the fault will rest with the driver. Only rarely in cases of extreme negligence will the child be held responsible for the accident, in which their parents may need to pay for damages.

If you have been in a bicycle accident or had a child involved in a bicycle accident, contact us today. The Law Office of Gary Brustin is dedicated to keeping cyclists of all ages safe on roads dominated by cars.

Should There Be a Bicycle Tax?

Posted on October 5, 2017October 8, 2019 by Gary Brustin

There’s a new slogan coming out of a few select lawmaker’s offices – “We share the road, we should share the costs.” This slogan speaks to what could be a growing trend of a “bicycle tax” that states that adults should pay a small tax on bicycle purchases that go to local governments to support transportation costs. As you would expect, opinions are highly mixed on the issue.

This new tax comes immediately from Oregon where they passed a law that states that adult bicycle purchases over $200 now have to pay an additional $15 to the state to support road costs. Now other towns in Colorado are looking at passing a similar law, and if it succeeds, it could be coming to your bike-friendly town next.

Naturally, bicycle riders and bicycle shop owners lean against the law since it would likely affect a person’s decision to purchase a bike. However, non-cyclists and lawmaker’s argue that it is only $15 and as car drivers, they have been paying such taxes for years. With many cities now putting in dedicated bicycle lanes for cyclists, many are calling for them to help pay for it.

Naturally, this will likely be the cause of much debate over the coming years. Cycling is a body and Earth-friendly way of getting around, and those who care for the environment want to encourage more people to make the switch. However, would a small tax discourage it?

Regardless of the cost of buying a bicycle, people will likely still do it, and this means accidents will still happen. If you have been the victim of bicycle discrimination or a serious accident, contact us today. The Law Office of Gary Brustin is dedicated to supporting the rights of cyclists.

Is It Time To Replace Your Bicycle Helmet?

Posted on September 28, 2017October 8, 2019 by Gary Brustin

As your most important piece of safety equipment, it is crucial you maintain your bicycle helmet so that you can have your head protected on every ride you take. However, while it seems pretty sturdy, a helmet doesn’t last a lifetime. It needs to be replaced, and too few cyclists realize that. So when should you replace your bicycle helmet?

Have You Been in a Crash?

Some damage to a helmet is pretty obvious. If you can see cracks or splinters, then that is a pretty obvious sign that you need to replace it. However, not all damage is obvious. If you have been in a crash where you fell on your helmet, then the integrity of it could very well be compromised. In the next crash, your head may not be protected quite as well.

What’s the Shelf Life?

Believe it or not, most manufacturers put a shelf life on their helmets. Typically it is recommended to replace them every 3 to 5 years. This might be a ploy to sell more helmets, but typically age can affect the integrity of the materials. That being said, helmets are made with safer and safer materials each year as well.

Does Your Helmet Fit Properly?

This is more typical of children, but it can happen with adults too. Sometimes you just outgrow your helmet or you find that it doesn’t fit as well as it should. If your helmet doesn’t fit properly, it is definitely time to replace it since it clearly won’t do its intended job.

Bicycle helmets protect you, but not all of you. If you have been in a cycling accident and want to make sure your injuries are covered, contact us today.

How to Ride Safely in a Bicycle Group

Posted on September 15, 2017October 8, 2019 by Gary Brustin

When it comes to road cycling, typically riders are pretty knowledgeable about the rules. It is the drivers that tend to be less knowledgeable. However, while riding solo is pretty intuitive, riding in a group can be a much different experience. Many solo riders who group up for the first time find this out the hard way. So for the solo cyclist getting ready for their first group ride, here are some tips.

Call Out Cars – When riding as a group, there are a few blind spots. The bikes up front often aren’t aware of cars in the rear while the riders in front have first sight in cars up front. Good front and rear guards will call out cars with “car up” or “car down” respectively so the cyclists can tighten up the group structure.
Ride Two by Two or Single – When you are in a cycling group, you may feel a bit safer riding three deep because it feels like you actually have a presence on the road. However, if you start taking up an entire lane going at bicycle speed, don’t be surprised if you get some honks. Typically, you want to ride two deep so the car feels like it can pass you, but will still pass you properly by going into the other lane for safety.
Leave Car Spaces on Uphills – If you are going uphill, around a curve, or on a narrow road, spread your group so there is a car’s length space between each biker. This allows cars to pass safely in between without trying to bypass the whole group at once.

It may seem like riding in a group is safer, but no amount of cyclists will make it safe if drivers don’t know how to deal with them. If you have been in a cycling accident with a car, contact us today.

Had A Near-Miss With a Car? Study Shows You Are Not The Only One

Posted on August 24, 2017October 8, 2019 by Gary Brustin

Even if you are just a casual road cyclist, everyone has one of those stories about how they almost go completely wrecked by a car. We like to call them “near-miss” accidents because they almost happened but didn’t. However, if you only know a limited number of cyclists, then you don’t know how common near-misses are. However, a new study out of the UK shows just how much danger cyclists are in.

The study, run by a group aptly called the Near Miss Project, was lead by Dr. Rachel Aldred of Westminster University. Here colleagues rounded up 1,532 participants and asked them to keep a diary of their cycling on a preselected date. On average, the cyclists had three near-misses that day. This included being passed too closely, blocked by a vehicle, vehicles pulling out into a cyclist’s path, being driven at, and almost getting the dreaded right hook by turning vehicles.

Why is it so rampant? The study theorizes that the cause is relatively simple. Unlike cyclists, drivers perceive near-misses differently. Since they are protected by a thick shell of metal, they may not even realize the danger they are putting those who they share the road with in. When you don’t realize what you are doing is dangerous, it makes it pretty hard to learn a lesson from it, right?

If you are lucky, your cycling career will be filled with only a near-miss or two and never an actual accident. However, we are not all so lucky. If you have been in a cycling accident and need representation to cover your medical bills, contact us today.

Bicycle Safety Inspection Checklist – Read Before Riding

Posted on August 17, 2017October 8, 2019 by Gary Brustin

Before riding your bike, it’s important that you check to make sure that all of its parts are in perfect working order. Just one malfunctioning part can have dire consequences. Here is a bicycle safety checklist to take care of before riding out.

Tires/Wheels

Do the tires have enough air?
Are there cuts or bulges in the tires? Is there a good tread?
Do the wheels spin without any problems?
Are any spokes broken?

Brakes

Do they work properly?
Do they stop the bike smoothly without sliding?
Make sure your bike does not move when the brakes are applied.

Chain

Make sure there is no rust and that the chain is clean.
Make sure the chain is lubricated.
Make sure the chain fits snugly.

Seat

Is it firm and secure?
Do you feel comfortable on it?
Is it straight?
Is it the right height?

Frame

Make sure there is no looseness in any nuts or fasteners. Make sure all parts, such as the seat, handlebars, etc are fastened tightly.
Make sure the frame is clean and without large patches of rust.
Make sure the handlebar is straight and aligned with the front wheel.

Lights

Make sure you have a red reflector light in the back which can be seen 300 feet away.
Make sure you have a white light in the front which can be seen 300 feet away.
Make sure the lights are straight, firmly attached and are working.

If you ever suffer an injury while riding a bicycle, you may be entitled to compensation. Contact us immediately for legal help.

Costs of Bicycle Accidents Increasing, Study Finds

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

The medical costs of bicycle accidents have been rising dramatically, according to a new study by the University of California, San Francisco, which was recently published in the journal Injury Prevention. Since 1997, medical costs for emergency room and hospital admissions have been on the rise.

Bicycle accidents have been rising tremendously. Over the course of 17 years, total medical costs, including both fatal and non-fatal bicycle injuries, amounted to $237 billion. In the year 2013 alone, costs amounted to more than $24.4 billion. The total costs of all occupational illnesses during the same year were less than half that amount.

Not only are costs not decreasing, they are steadily going up. Each year, costs rise an additional $789 million, on average. There was a total of 9,839 bicycle related deaths that were reported between 1997 and 2013, the length of the study. Other nonfatal bicycle-related injuries totaled 3.8 million.

Each year, bicycle-related injuries increased by around 6,500. Costs increased 137 percent for non-fatal injuries and 23 percent for fatal injuries each year.

Three-quarters of all bicycle injury costs were incurred by males, especially older men. In 1997, 26 percent of total costs were incurred by men 45 years or older (who are more likely to take the proper safety procedures), while in 2013, the number was 54 percent.

The health benefits of biking certainly outweigh its risks. However, it’s impossible to stress how important it is to follow safety procedures when going on a bike ride.

If you’ve been injured riding a bicycle, it’s important that you get legal help immediately so that you get the full compensation you deserve. Contact us today for help!

New Ohio Cycling Law Regarding Red Lights

Posted on July 27, 2017October 8, 2019 by Gary Brustin

Ohio is one of the most unsuspecting states to be bicycle friendly, but with more riders taking to the road in their largest cities like Cleveland and Cincinnati, the state’s government has been forced to take notice. This has led to a slew of new cycling friendly laws including this latest one that allows cyclists to still get around despite aging infrastructure.

The problem on many city streets in Ohio is that bicycles often have a problem triggering a light change at the detector. This means that a cyclist and the cars behind them could be forced to wait until a car in the other lane triggers the change. However, with the new law, cyclists can now bypass this.

The new cycling law states that in the event of this situation if the cyclist is able to check that both directions are clear, they can ride through a red light. However, cars will still have to wait unless there is a clear malfunction with the light. This law was so desperately needed that Governor John Kasich attached an emergency clause so it went into effect right away.

Attached to the bill, was another new motor vehicle and cycling law that required motorists to give at least three feet of passing space between their vehicle and a bicycle, joining more than a dozen states that already have similar laws.

While this is great news for riders in Ohio, accidents are still bound to happen. No matter how safe a state makes it for cyclists, uninformed motorists will still be a danger. If you were hurt in a bicycle accident and need legal representation, contact us today.

What To Do When You Were in a Bicycle Accident With No Crash Report

Posted on June 29, 2017November 18, 2019 by Gary Brustin

In many cases, those in bicycle accidents suffer only relatively minor injuries, a broken hand here, a few scrapes there. However, there are occasions where a bicycle accident is significantly more serious. Accidents that result in loss of consciousness or have the need for an EMT response can be dangerous not only to the cyclist that was injured but for seeking coverage for the crash as well.

There is a cautionary tale going around the cycling community about a cyclist in New Orleans that was whisked away by EMTs after a crash for medical attention, and the driver that hit her told the responding officers that they would settle things amicably. The officer let that driver drive right off without making a crash report or even getting their name. This left the cyclist stuck with a ruined bicycle, huge medical bills, and no way to seek compensation for them.

If this happens to you, what do you do? Your options seem pretty non-existent, right? In truth, without a name or contact information that would be gathered by a crash report, they are. However, while you can’t go after the driver, you can go after the police who failed to do their duty.

Regardless of if parties decide to handle things amicably, police officers are required by law to file a crash report if the damage exceeds $500, this includes if you were spirited away by what will be a very expensive ambulance ride.

If you have been in a cycling accident with no crash report to be found, your case against the police will be much more difficult, but it can at least result in the coverage of your medical bills and damages that the driver owed you. If you need legal representation for this or any other bicycle accident cases, contact us today.

Common Types of Bicycle Accidents and How to Avoid Them

Posted on June 1, 2017November 23, 2019 by Gary Brustin

While biking, it’s imperative that you not only pay attention to what you are doing, but that you pay especially close attention to what others are doing. When riding your bike on or near a roadway, it’s often easier to see other travelers than it is for them to see you, especially with the amount of distractions for motorists in this era of technology. With the prevalence of cell phones, radios, and navigation devices, you must be responsible for your own safety. The following are common types of accidents involving cyclists:

The Right Cross.

This occurs when vehicles are pulling out of a side street, parking lot, or a driveway on the right of the cyclist. You can be struck by the oncoming vehicle, or you could potentially crash into the side of the vehicle. In order to prevent this type of collision, make sure to use a front headlight if traveling at night. Try to make eye contact with the driver. If this doesn’t work, wave! Slowing down ensures that you have a better chance of coming to a complete stop if you have to. Ride further to the left of the lane when approaching an intersection. This increases the chance that an oncoming driver will be able to see you and gives you more maneuvering options in the event they don’t.

The Door Prize.

You are riding along beside parked vehicles when one of the drivers open his door, and you smack right into it! This is one of the most common types of collisions involving cyclists. Simply riding farther to the left will give you more room to avoid the unexpected car door opening.

The Rear End.

You simply swerve to the left a bit to go around a parked vehicle or some other obstruction in the roadway and get nailed by a car from behind. To avoid this scenario, ALWAYS look behind you before moving over. Secondly, don’t swerve in and out of a parking lane if it contains parked vehicles. Ride as steady as possible, even if there are empty spots. Use a mirror to help you monitor traffic behind you without constantly having to look over your shoulder, which can cause an involuntarily merge to the side you’re looking from. Finally, signal. Never move left without signaling. Holding your left arm straight out indicates that you will be turning in that direction. Just make sure to look behind you first, so that a passing car doesn’t take off your arm!

In the event of an accident, legal representation may be needed. Contact California bicycle accident lawyer 24 hours a day, 7 days a week to answer all of your legal questions!

CityConnect – The Augmented Reality App for Cyclists

Posted on May 25, 2017November 23, 2019 by Gary Brustin

There is no denying that cycling is a greener way to travel, but not everyone can keep an interest in it for a prolonged amount of time. Well, the creators of CityConnect at the University of Bradford mean to change that.

CityConnect is an augmented reality app that is created purely for cyclists in order to try to enhance the cycling experience by adding in elements of game playing. Naturally, one of the primary concerns is safety. The creators tried to combat this by making safety a key aspect. Players are rewarded for following traffic laws and acting responsibly while reckless cyclists have points taken away. However the app does also include points of interest on the ride which can be just as dangerous. Like texting and driving, cycling and trying to look at your phone can make you blind to the dangers in front of you.

However, this app still hasn’t entered its first stage of testing which is scheduled for a traffic-free cycling area. However, hopefully they can work out the kinks and potential hazards of cycling with an app on. However, even if they don’t, as long as cyclists use it in cycling-only areas, it could be an excellent excuse to go ahead and get out there.

Have you been in a cycling accident and suffered an injury? Don’t just sit there and be a victim, you have every right to be on the road as everyone else. If you want to make sure your rights are fairly represented, contact us today. Gary Brustin is dedicated to preserving the rights of cyclists.