Bicycle Accident Lawyer Archives - Page 5 of 8

Three Skills to Master Before Road Cycling

Posted on May 11, 2017October 8, 2019 by Gary Brustin

There is a reason that you hear about bicycling accidents in the city so often. It is because road cycling is one of the most dangerous things a cyclist can do. The honest truth is that very few drivers know how to deal with sharing the road with a cyclist, and it is that lack of knowledge that gets cyclists hurt. While drivers should work to educate themselves, so, too, must cyclists work to prevent accidents. Before even getting on the road, you should be a master of these three skills.

Riding a Straight Line

It sounds like common sense, but we have all had to ride behind that sloppy and unpredictable cyclist at some point. You don’t want to bethe cyclist in the bike lane that is weaving all over the place not only because it can weave you into traffic, but it puts other cyclists at risk of hitting you.

Looking Back Without Curving

You know how sometimes when you look back your entire bike moves with you? Well, when you are one slight swerve from being in front of a car, you definitely can’t let that happen. It requires some practice, but you need to know how to observe your surroundings without causing your bike to veer in any direction.

Control Speed

It is easy (and super fun) to pick up speed on a bicycle, but when you are riding a busy road, you need to focus on being able to stop quickly and safely avoid any obstacles. You better believe you will have something unexpected happen almost every time you get out there, too.

Have you been in a bicycle accident and need to make sure your rights are represented? Contact a California bicycle accident lawyer today, we fight for the rights of cyclists.

3 Tips for Choosing the Perfect Bicycle Helmet

Posted on May 4, 2017October 8, 2019 by Gary Brustin

Around three-quarters of all bicycle-related deaths are caused by head injuries, which is why it’s not just important to wear a helmet, it’s important to wear it correctly. Here are some helmet safety tips for a safe bicycle ride.

Keep It Fastened Securely

In the case of an accident, your helmet needs to stay on at all times. If it slips off easily and leaves even a small part of your head exposed, then it won’t be effective in the case of multiple head bumps (for example, a car bump and a road bump). Before riding out, make sure that your helmet is fastened strongly to your head and that it doesn’t move easily.

Make Sure Your Bicycle Helmet Meets Safety Standards

You want a helmet that does its job, not one that will impress your friends. Don’t choose a bicycle helmet that has all sorts of fancy stuff sticking out or one with too many holes. You want a smooth helmet with as much foam as possible to protect your head. You also need to make sure that your helmet meets the CPSC’s safety standards, so look for their sticker inside.

Keep It Comfortable

Make sure that your bicycle helmet lets your head cool off and provides a good air flow. It also needs to fit comfortably, not affect your eyesight and not cause any discomfort, which will affect your concentration. You might also want to consider getting a bright-colored helmet for additional visibility.

In the case of a bicycle accident, get legal help immediately. Contact a California bicycle accident lawyer so that you get the full compensation that you deserve.

What Are Your Rights as a Cyclist?

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

Some states have them written down, other states don’t. However, if you are a cyclist, you have certain rights to ride your bicycle. It is not illegal unless otherwise posted and drivers have to respect your right to do it. So if you have certain rights, what are they?

The rights of a cyclist include:

The right to ride on any public street except limited access expressways and areas where signs prohibit bicyclists.
The right to use either hand in order to signal a stop or turn to nearby vehicles.
The right to ride on the right side of motor vehicles in the travel lane.
Cyclists may be able to ride their bicycle on sidewalks, but only if the area is a non-commercial district and doesn’t have posted signs prohibiting it.
Cyclists have the right to ride two abreast in a lane so long as there is more than two lanes of travel in the same direction.

Unfortunately, while all those are well within a cyclist’s rights, it doesn’t always mean that it is safe to exercise those rights. The problem is that while cyclists may know their rights, many driver’s do not. This means that driver’s may take unnecessary risks in order to go around slower cyclists, even though they are well within their rights to ride there. This is how accidents happen.

While cyclists shouldn’t have to make compromises, they may need to in order to stay safe. If you were exercising your rights and got into an accident with a vehicle, contact us today. The Law Office of Gary Brustin is dedicated to representing the rights of injured cyclists.

Michigan Roads Potentially Made Safer for Cyclists By New 5-Foot Buffer Rule

Posted on April 20, 2017October 8, 2019 by Gary Brustin

If you are cycling the road in Michigan this year, your ride could become significantly safer than it has been. Well, at least if a potential bill gets made into law. This new bill is currently in legislature which would require drivers to give more breathing room to cyclists as well as adding enhanced safety instructions for handling cyclists being included in state driver’s education courses.

The guidelines in question would require drivers to give Michigan road cyclists a set 5-foot buffer when passing them on roads that do not have a set bicycle lane. Currently, the state has no set mandate on how far vehicles needs to be when passing a cyclist. Most people go with the good rule of thumb of “not hitting the cyclist” when passing, but this leads to a number of close calls and terrifying accidents.

Like in most states, these close calls and contentious relationship between cyclists and drivers comes from a lack of knowledge on how to handle road cyclists. By making a five-foot mandatory buffer, it will allow more drivers to know that they can’t pass a cyclist unless they can do it safely. Ultimately, this teaches them that it is not the cyclists’ responsibility to “move over.”

Going a step further, if this buffer is made into law, then it will be taught in driver’s education courses and drivers caught breaking the law may be forced to attend education courses to rectify their mistake.

While this law will cut down on cycling accidents, it likely won’t stop them altogether. However, there are still people out there that represent the rights of cyclists. If you have been in a cycling accident and need legal advice, contact us today.

Why Are There So Many Cycling Accidents in San Francisco’s Castro Neighborhood?

Posted on April 13, 2017October 8, 2019 by Gary Brustin

For those who live along 17th Street in San Francisco’s Castro neighborhood, they are more than familiar with the area’s long history with cycling accidents. Almost every week there is an accident involving a cyclist and a vehicle, and now as the city is finally looking into the concentration, it leaves people asking the same question – why are there so many bicycling accidents here?

For the residents, many of whom have multiple cycling accidents caught on tape, they all know the problem, or rather, problems. There are two rampant problems along 17th Street in Castro that cause cycling accidents. The first is double parking and the second is the Muni train tracks. The train tracks cause bicycle tires to get stuck and cyclists to fall face first onto the concrete while the double parking of cars force cyclists to swerve dangerously close to traffic.

Residents state that it is the double parking that is the greatest danger, and if the city can solve that problem it would greatly reduce cycling accidents. However, other improvements have included removing the train tracks, making the street one way, and removing the parking in order to better protect the bike path.

While the city is still weighing the options for the area, this one street in San Francisco is far from the only area in the United States that is a problem for cyclists. If you have been in a cycling accident and need representation, contact us today. The Law Office of Gary Brustin represents the rights of injured cyclist.

How to Deal with Fear After a Bicycling Accident

Posted on April 6, 2017October 9, 2019 by Gary Brustin

If you have never been in a bicycling accident, then you don’t understand that there are things that are much more jarring than the injuries suffered. Accidents of any kind can be traumatic incidents, and afterwards there is a certain amount of fear when returning to normal activities. While injuries can heal, the mental scars will still linger. So if you have been in an accident and are finding it hard to get back on a bike again, what can you do about it?

The first step is to remember how many times you have ridden a bike before without incident. Think about all the times you successfully got to your destination without getting hit by a car or having another accident. Once you have been in an accident, it tends to stick in your mind and prevents you from remembering all the good times.

Try remembering the reasons why you loved riding a bicycle in the past like the wind blowing over your face when riding down a big hill or the satisfaction of completing a tough route. This will help diffuse the toxicity that has accumulated with the thought of the activity in your brain.

Finally, instead of worrying about all the bad things that could happen, try instead focusing on all the ways you can stay safe. Focus on placing the weight on your bicycle, your feet on the pedals, and look forward to assess any dangers. However, don’t get caught up in just the dangers, remember to think positively and have fun.

If you have been in an accident, seeking out justice can also be a powerful way to put fears to rest. Contact us today to see what options you have available.

Bicycle Accidents on the Rise In Chicago This Summer

Posted on October 14, 2016October 9, 2019 by Gary Brustin

Bicycling is on the rise, especially among twenty-somethings. Combine the benefits — great exercise, no fuel costs, maneuverability — and you’ve got a great way to get around. But along with the benefits, there are also plenty of risks such as low-visibility, failure to wear helmets, making risky maneuvers and taking unnecessary chances in the interest of shaving a few minutes off a commute, are among the things that cause accidents between cyclists and motor vehicles. On September 4th of this year, the Chicago Tribune ran an editorial about the alarming increase in fatal bicycle accidents in an around the city, urging both cyclists and vehicle operators to be more careful and alert.

The editorial, entitled Bicyclists, be careful. Motorists be watchful. Everyone, slow down, chronicled several fatal accidents that occurred on the streets of the city this summer:

In June, a 29-year-old bicycle messenger headed for Lake Michigan after work was struck and killed by a tour bus on North Michigan Avenue just a few hundred yards from his beach destination.
In July, a 25-year-old bike-share cyclist collided with a flatbed truck and was killed.
In August, a 20-year-old student at the School of the Art Institute of Chicago was bicycling on North Michigan Avenue when a semi-truck crossed into the bike lane and fatally struck her. Just one day later, a 58-year-old man was killed by a cargo van while bicycling in Garfield Park.

The article goes on to note that these accidents are not unusual. They actually mirror a nationwide trend. According to the National Highway Safety Administration, bicycling accidents actually increased 12.2% in 2015.

Bicyclists and cars share the same roads, and both are responsible for changing these statistics by obeying traffic laws, watching out for pedestrians and pets, and respecting other drivers whether they’re in a car, a truck or on a 10-speed.

If you’ve been injured in a bicycling accident in the State of California contact us. Attorney Brustin is an avid cyclist himself and has been protecting cyclists rights for the past twenty years and counting!

Yet Again, Tragedy Proceeds Bicycle Law Reform

Posted on September 30, 2016October 9, 2019 by Gary Brustin

In Illinois, the state laws insist that cyclists have the same rights as automobile drivers. However, a fatality and a tossed traffic ticket proves how utterly wrong that is, but for long as Illinois joins other states prompted to sure up their cycling safety laws after a poorly handled bicycle accident.

In October 2015, army veteran 68-year-old Dennis Jurs was biking in Kane County when he collided with a vehicle. The accident happened at an intersection where north and southbound traffic had stop signs, but east and westbound traffic did not have to stop. Jurs was travelling eastbound, but a northbound driver failed to yield and collided with him.

While Jurs passed away, his family still sought justice, but the court case was thrown out after conflicting Illinois laws showed just how unbalanced the rights of cyclists are to automobiles. The driver in question would also later have his sole punishment, a simple traffic ticket, thrown out as well.

However, while the driver may have gotten off, the state did not. This accident has forced them to change c cycling laws with House Bill 5912 that specifically states that all cyclists on the highway are entitled to the same rights as automobiles, effectively making it so that careless drivers will no longer be able to get off without appropriate punishment. While many state officials were willing to let this incident slide off the radar, it was only thanks to a few politicians, all avid bikers themselves, and the family of Jurs whose persistence saw the law reformed.

Are you the victim of a cycling accident due to unclear or non-existent laws for cyclists? Contact us today to see what legal action you may be entitled to.

Significant Settlement in Michigan Bicycle Accident Case

Posted on June 23, 2016November 23, 2019 by Gary Brustin

Bicycle accidents sometimes result in significant payments to injured victims. For example, in April 2016, Royal Oak, Michigan, agreed to pay $300,000 to a bicyclist injured when her bike hit an uneven part of a sidewalk.

Details of Accident

In May 2012, the 49-year-old Royal Oak woman was biking underneath the Grand Trunk Railroad viaduct along the north side of 13 Mile Road. When she reached a sidewalk section two-inches higher than the section preceding it, she fell off her bike and broke her hip.

In a 2013 lawsuit filed in Oakland County Circuit Court, attorneys for the bicyclist also alleged that the accident had aggravated previous back problems, and they sought compensation for her pain, suffering and lost wages.

City Appeals

However, after a circuit court ruled in the injured bicyclist’s favor, attorneys for the city appealed the case to the Michigan State Court of Appeals. However, the appellate court refused to overturn the circuit court’s decision. The case went before a retired judge who helped the parties come to a final agreement.

According to the Oakland Press News, the uneven sidewalk was repaired after the accident.

Although every case is unique, a failure to properly maintain public property may constitute evidence of negligence in certain cases. When a person suffers an injury, it is often possible to seek compensation for certain medical expenses, pain, suffering and lost wages.

If you or a family member is a victim in a bicycle accident, it is possible to review the details of your case with a bicycle accident attorney. There is no charge for this consultation. To learn more, please contact us.

Did You Go the Right Way? Find Out with Help from a Bicycle Lawyer

Posted on June 16, 2016October 9, 2019 by Gary Brustin

In May 2016, Salt Lake City’s media began a discussion about bicycle laws. KSL reporter, Carter Williams, weighed in on the topic mid month. Up for discussion was the concept of road sharing and who, if anyone, has the most right to use the state’s open roads. Williams aptly pointed out that in his state; the rights are divvied up 50/50. We’re sure this leads you to ask, “But what about other states, including California?”

The answer is yes and no. So, let’s focus specifically on our State of California. First off, the bicycle laws don’t necessarily define bikes like cyclists. To some novice cyclists, a bike is just a bike. It doesn’t matter to them if it has an electric engine or is powered by two sneakers. However, the Department of Motor Vehicles likes to divide bikes up into categories and provide different rules for each major type. You’ll find some of these classifications referenced in Vehicle Codes 2100 through 21213.

In addition, the state’s right-of-way related laws also vary based on traffic conditions and speed. These bicycle laws are found in various areas throughout the Vehicle Code, including Section 21202 and 21208. Understandably, this can be a lot of information for new drivers and cyclists to digest properly. Thus inadvertently, people on both sides of the bicycle laws’ right-of-way provisions may get confused easily and make mistakes. If those mistakes ultimately lead to accidents, it’s best to reach out to an expert on bicycle laws for some clarification.

With that said, the Law Office of Gary Brustin is filled with just the right kind of advice injured cyclists need. We can tell at a glance which category the bike is most likely to fall under and which rules would therefore apply to the injured party’s case. To find out more about right-of-way arguments and how they work with or against bicycle laws, please contact Attorney Brustin today.

A Bicycle Accident Brings Changes to Berkeley

Posted on June 9, 2016October 9, 2019 by Gary Brustin

On February 2nd, 2016 Megan Schwarzman was wearing fluorescent green safety gear and a helmet. She had lights on her bike, as she rode south on Fulton Street near Bancroft Way in Berkeley. She was struck from behind, trapped beneath a car, and dragged for a short distance. Firefighters had to raise the car to free Schwarzman so they could rush her to the hospital. Her injuries were so severe that almost immediately, police called in the fatal accident investigation team. She had 20 fractured ribs, a smashed pelvis, two partially collapsed lungs, complex facial fractures and a bleeding liver. She arrived at the hospital unresponsive from blood loss. Amazingly Schwarzman, a doctor and research scientist at UC Berkeley, survived.

In 2000, the city of Berkeley designated the block where Schwarzman was hit and the next block of Fulton Street as bike lanes in the city’s bicycle master plan. The master plan contains projects designed to make cycling conditions safer. Six weeks after the accident project approval for Fulton was granted. Now, 16 years later and just months after Schwarzman almost died, the new bike lane on Fulton street is open. The new southbound bike lane runs for two blocks on Fulton from Bancroft Way to Channing Way. It previously ended at Bancroft, dumping cyclists and motorists together in the intersection. Now it closes a gap in the city’s bike lane network between existing bike lanes on Fulton Street/Oxford Street north of Bancroft Way and the Bicycle Boulevard on Channing Way.

A Bicycle Accident that almost took a life may save many lives, as a route that many students and faculty take to get to campus is now safer. If you are in a cycling accident, please contact us. We specialize in protecting the rights of injured cyclists.

What to do When Bicycle Accidents Occur

Posted on May 5, 2016October 9, 2019 by Gary Brustin

As the number of leisure and commuter bicyclists increases, bicycle accidents are also occurring at alarming rates. While some of these accidents result in only minor injuries, many are serious, life-altering occurrences. When an accident occurs, and the bicyclist is able, certain steps can help assure the bicyclist receives due compensation for his or her injuries and losses.

Seek Medical Attention First

Even in cases when the bicyclist does not feel that he or she has sustained a serious injury, it is advisable that he or she seek the attention of a trained medical professional as soon as possible after the accident. Some injuries do not reveal themselves until well after they are sustained. A physician is the best person to determine whether or not it is safe to resume normal activities without exacerbating an injury.

Documentation

To avoid discrepancies that can occur in the recounting of events leading up to an accident, it is important to provide as much documentation as possible to substantiate the bicyclist’s position. As soon as possible, the bicyclist should write about any pertinent information about when and where the accident took place. If there are witnesses, their names and contact information should be collected, as well as the names and contact information for any individuals who were directly involved in the accident.

Immediately after an accident, a cell phone with a camera can be the bicyclist’s best friend. Should the case go to court, it is useful to have pictures of the accident site, as well as photos of any damages to the bicycle itself and any equipment, such as a helmet. If there are cuts or bruises on the body that can be photographed at the scene of the accident, these can also come in handy for documentation purposes.

A police report is another crucial piece of documentation to obtain as soon as possible after a bike accident. However, a more important reason to telephone the police after the occurrence, is because police officers know how to administer emergency medical attention and can help alert any other services, such as those of an ambulance or paramedics, quickly and efficiently, as needed.

Filing a police report is common practice after a bicycle accident. The bicyclist should also request a copy of the report for his or her own records. The clothing worn during the accident and the helmet worn by the bicyclist can sometimes be used as evidence. It is also important to retain receipts for any repairs necessary, or for any accessories that are lost or damaged as a result of the accident.

Insurance Companies

When a bicyclist is injured by a motor vehicle, it is not uncommon for this person to be contacted by the insurance company of the driver. It is important that the injured party not make general statements about the accident, and that he or she avoid expressing opinions about who was at fault.

The injured party should obtain the name, address and phone number of the company, as well as the claim number. It is also fine to ask for information about the limits of the insurance company’s medical coverage. However, discussions about settlements should be avoided. This discussion should only take place between the bicyclist and a licensed professional attorney.

If you have sustained an injury in a bicycle accident and would like to speak with a professional plaintiff attorney who specializes in handling bike injury cases, please contact us at your earliest convenience to set up an appointment for a consultation.