Bicycle Accidents: Dooring is Such Painful Sorrow

A bicyclist is pedaling along alone in the right lane of a city street. Suddenly, he is on the ground, screaming in pain from a twisted back and broken collarbone. There are no moving vehicles other than the bicyclist. What happened?

A motorist opened their door into traffic.

Most bicycle accidents involve a bike and a car. Often, drivers are at fault in accidents that involve right turns or failure to share a lane. “Dooring” is a term used to describe what occurs when a motorist opens their door into traffic without realizing that a bicyclist is present.

Although dooring does not involve a moving car, it can result in severe injuries or even death. According to a study conducted by the City of Chicago, dooring causes between 7% and 20% of all bicycle accidents.

According to the League of American Bicyclists, forty states have laws which specifically make it an offense to open a car door without verifying the absence of traffic. The presence of these laws gives the police a way of documenting that a motorist is at fault in a dooring-related accident. If a motorist causes an accident by opening a door into traffic, they may be financially liable for the harm caused. With the right lawyer, this can be treated in the same manner as if the motorist had caused an accident via a moving violation.

If you have been in a dooring accident or any type of bicycle accident, you probably have medical bills that must be paid and have experienced pain and suffering. If you need help recovering funds, please contact us.

Are You Thinking of Biking Out of Town Once Spring 2016 Begins?

Chances are many of you are already thinking about where to go biking this spring. There’s a lot that traditionally goes into planning a trip but trail safety and surviving biking accidents are generally not two of them. However, they most certainly should be on every traveling biker’s mind. The same case may be made for regional cycling laws and bicycle insurance policies because they all have the potential to impact a person’s trip.

With that said, before loading up the bike and setting cross-country, be sure to do your due diligence. Find out what the bicycle laws are in your chosen destination and whether or not the trails are maintained. Remember, not all states have bicycle transportation accounts and bike-pedestrian plans like our state does. So in some distance locations, finding safe, clean trails that are open to visitors may be challenging to say the very least.

Next, take a second to dig out your homeowner’s, renter’s or auto insurance policies and give them the once over. Find out what coverage exists if you are hit while cycling out of the state as well as what would happen if an accident occurs in transit to the trail heads. If you’re not happy with the coverage, update it well before your cycling vacation starts and keep meticulous records of the changes.

And let’s not overlook bicycle theft. Check for that type of coverage too because hotel thefts seem to already be on the rise. Last year’s well- publicized, World Cycling Championship related theft is a prime example of what could happen. Thankfully that story ended well for the cyclist but such incidents don’t always turn out that way.

Finally, keep in mind that if a biking accident does occur, there are California attorneys that may be able to help. To learn more about protecting your rights no matter where your bicycle wheels may roam, please contact us today. As ardent cyclists and lawyers, we’re in a unique position to provide advice.

Lights Also Important in Daytime to Avoid Bicycle Accidents

As a cyclist, it’s easy to overlook the significance of being highly visible in daylight. However, that’s when most fatal bicycle accidents occur, according to the National Traffic Highway Administration, so daytime bicycle lights are an important safety feature. In fact, one group, Cycling PEI of Prince Edward Island, is pushing to make daytime running lights for cyclists mandatory, according to CBC News.

Cyclists who use busy streets, especially highways, are often at risk of being struck from behind, whether in a traffic lane or shoulder. In an era when motorists are constantly distracted by their mobile devices, cyclists need to create bigger distractions. Bright, erratically flashing lights help achieve that goal. Some daytime bicycle lights recently on the market are visible from more than a mile away, comparable with flashing lights on emergency vehicles.

Many bicycle shops carry a variety of head and tail lights that range in price and quality. The brightness, or lumens, will vary, of course. The cheapest options are often lights that are barely visible in dark conditions — often referred to as “be seen” lights — so it’s critical to select bright, quality lights specifically designed for daytime visibility.

Today, many USB-rechargeable head and tail lights provide excellent daytime visibility. Some offer hours of powerful illumination, different flashing and steady modes and are visible from more than a mile away in daylight. What’s more: Most of these lights don’t take long to recharge, roughly an hour. Of course, any of these daytime lights are a great option for nighttime riding, as well. Going a step further, some tail lights double as HD cameras. During an accident these devices record the last few seconds of a cyclist’s crash, which can help when disputing a claim or solving a hit and run.

Please contact us for more information about what to do if you have been in a daytime cycling accident.

 

3 Tips to Avoid Bicycle Accidents

If you use a bicycle as your primary mode of transportation or like biking as a fun hobby or a great form of exercise, one thing that you might worry about is bicycle accidents. As you probably already know, a bicycle accident can lead to serious injury — or even death. Luckily, following a few simple tips can help you stay safe.

1. Keep Your Bike in Good Shape

First of all, you have to make sure that you keep your bike in good shape. Inspect it regularly, and make sure that the chain, the brakes and the tires are in good shape. Also, check your bike for rust or other signs of wear and tear that could potentially result in an accident. Have parts repaired or replaced as needed.

2. Dress for the Occasion

Every time that you hop on your bike, you should make sure that you are properly dressed for the occasion. Don’t wear clothing that is too loose — it could get caught in your chain or your tires. Also, make sure that you always wear a helmet and other essential safety gear, and wear bright colors and a reflective vest in dark conditions so that you can be easily seen.

3. Follow Biking Safety Tips

Make sure that you always operate your bike safely. Ride on the proper side of the road, and use hand signals to keep nearby motorists informed of what you are doing.

Some accidents cannot be avoided, but taking the proper precautions can help you stay safe. If you do find yourself in a bicycle accident, contact us at the Law Office of Gary Brustin to find out how we can help.

What to Do if You are in a Bicycle Accident

Bicycle accidents can be extremely dangerous. If someone hits you while you are on your bike, it is important to hire an attorney — such as from the Law Office of Gary Brustin — to help you with your case. To help ensure that your case goes well, follow these steps after your bicycle accident.

Call the Police

First of all, you should call the police immediately. You will need to have a police report in-hand that documents the accident.

Get Witness Information

Did anyone see the accident? If so, you will need to gather witness information. Jot down the name and telephone number for any witnesses. Then, give this information to your attorney.

Take Pictures

If you are physically able to do so and have a camera or a smartphone, consider taking pictures of the accident scene. Snap photos of your bicycle, any visible injuries that you might have, the vehicle that you hit you and any skid marks on the road.

Seek Medical Attention

Even if you do not feel injured, it is very important to seek medical attention after your accident. You might have injuries that you aren’t aware of yet, and getting treatment right away can help with your recovery. Plus, you will need documentation from a medical professional if you are planning on filing a lawsuit.

Taking the right steps after a bicycle accident can help you handle your case in the best way possible. Along with taking these steps, contact us at the Law Office of Gary Brustin if you need legal representation.

Bicyclists – Beware of Road Rage

Road rage describes aggressive driving or actions by a motorist with the intent to cause harm to someone else who is sharing the road. These actions are usually triggered when the driver is already feeling stressed or agitated about outside factors, such as running late to work or getting caught in traffic. Road rage can result in criminal charges against the driver ranging from reckless driving to assault with a deadly weapon. Unfortunately, road rage incidents are all-too-common in Los Angeles, and can be especially dangerous for bicyclists. In addition to good bicycle safety practices, it’s important for riders to know how to respond in the event of road rage.

The best way to avoid a road rage altercation is to be alert while riding. Avoid vehicles that appear to be driving erratically or have a driver that looks to be agitated. If a vehicle engages in taunting or aggressive behavior while you are on your bicycle the urge may be great to reciprocate, but it’s your responsibility to respond in a way that does not lead to an altercation or injury.

Sometimes, despite your best efforts to avoid an altercation, another driver will lash out. If this happens – especially if you experience personal injury or property damage as a result – it’s essential that you are able to accurately recall critical information and details. If possible, take a few pictures or videos using your phone, but only if it can be done discretely as not to appear antagonizing to the other person involved. Also, take note of information such as license plate numbers, the location where the road rage occurred, and anyone who may have witnessed the event.

If you are injured as a result of road rage, do not leave the scene. Call 911 for help immediately.

Section 21200 of the California legal code states that a person riding a bicycle has all the rights and is subject to all the same provisions as a driver of a motor vehicle. If you were in an accident that you believe was the result of someone violating these rights or experiencing road rage, you need an attorney who specializes in representing injured bicyclists. Contact us to schedule a complimentary consultation.

Montana Legislature Finally Amends Archaic Bicycle Laws

After decades of ignoring the rights of their ever-growing cycling communities, Montana legislature has finally updated their ancient bicycling statutes that failed to clearly define what rights were afforded to cyclists. Among the changes to the laws include no further requirement for coaster brakes or six-foot orange flags on any road bicycles, two prime examples of how previous Montana bicycle laws showed their age. The updated laws officially went into effect in October and have gone a long way to ensure a safer cycling experience in the state.

What Has Been Updated?

Following in the treads of bicycle laws around the country, a number of amendments have been made, but several key additions have Montana cyclists thrilled.

  • A new law clarifies that motorists are allowed to cross the yellow dividing line to pass a cyclist providing that no oncoming traffic is approaching and the cyclist is traveling less than half the speed limit.
  • Montana’s old reflector law has been made more flexible, allowing for reflective clothing or material instead of reflectors on the wheels or pedals. However, a head light and rear reflector are still required for night riding.
  • Motorized bicycles have been changed to refer specifically to mopeds for a law the specifically bars them from bicycle paths and on sidewalks.
  • Among the new reflector requirements, the new law states that a head lamp on the helmet is an acceptable alternative to a lamp on the handlebars.

Although these new laws are a big step in the right direction, bicycle advocates still feel that it is not quite enough. The new laws still neglect crucial safety requirements for cyclists in terms of their interaction with motorist, leaving both open to accident, injury, and tricky legal action. Have you ever had a cycling accident due the negligence or malicious action of another motorist that refused to share the road in the state of California? Then you may be due legal compensation for your pain and medical expenses, contact us today to see what we can do for you.

New Biking Dangers Put Americans’ Quality of Life in Jeopardy

If you enjoy biking, it pays to sit up and take notice of the recent headlines. In the last three months, a number of bicycles and bike accessories were recalled due to safety issues. As a whole, the safety issues were caused by a multitude of design flaws and manufacturing defects with the potential to cause cyclists bodily harm. The list of faulty components included, but wasn’t restricted to the following:

  • Bicycle Brakes and Rotors
  • Spindles and Seat Posts
  • Steering Tube Assemblies
  • Tow Bars and Handlebars
  • Pedals and Pedal Extenders
  • Suspension Forks and Wheels

Last autumn, Washington Post writer, Katherine Shaver, pointed out how dangerous biking can be in her column, Dr. Gridlock. She noted an increase in biking related deaths, which is supported by statistics available through Governing magazine, IIHS-HLDINHTSA and the CDC. Understandably, the deaths cause emotional turmoil as well as a potential loss of income for those left behind.

Other dated publications gave insight into the countrywide, financial repercussions of such tragic occurrences. Not surprisingly, they total in the billions. And those reports primarily looked at the indirect and direct healthcare costs associated with various accident outcomes, not income reduction.

Cyclists are entitled to know that the items they are purchasing are safe and defect free. They also have the right to enjoy the best quality of life possible. So those injured in biking accidents may have recourse against the designers, manufacturers and others behind the faulty products.  Furthermore, they may be able to inquire about restitution against additional people involved in the accident. Examples include but don’t end with trail designers, city maintenance departments and motorists.

To learn more about recovery options for people injured in biking accidents, please contact the Law Office of Gary Brustin. We will gladly review incidents that occurred in California as well as offer victims and their families counsel.

Bicyclist Detection Technology Set to Take off

A number of automakers, including Volvo, are experimenting with technology that would help reduce the risk of bicycle accidents. These vehicles would be equipped with technology that would recognize the back of another vehicle, including a bicycle.

Between 2008 and 2012, there were more than 3,300 bicycle accident fatalities in the United States. Approximately 74% of those fatalities involved the bicycle being struck from behind by another vehicle. In the most common scenario accounting for approximately 23% of the accidents, the vehicle was traveling in the same direction as the bicycle, and struck the bicycle from behind.

The second most common bicycle accident scenario that resulted in fatalities was a bicyclist crossing in front of the vehicle. This situation accounted for the second highest number of fatalities during this period of time, comprising 22% of all deaths.

Volvo has introduced technology that can help reduce the risk of bicycle accidents by helping motorists detect bicyclists in their path. That would greatly help reduce the number of bicyclists killed when they are hit by a car from behind.

It is becoming clear to California bicycle accident lawyers that maximum progress in keeping bicyclists safer in the future will be linked to more sensitive auto technology. Currently, most of the efforts to help prevent bicyclist accidents focus on infrastructure development, and motorist education. While those are two very important components of bicycle safety, the fact is also that most bicycle accidents involve another vehicle. If more vehicles come with technology that can help detect bicyclists in the path of the vehicle, it would go a long way in helping reduce these fatalities.

There is only so much that well-designed bicycle lanes can do to help keep bicyclists safer. The fact is that many motorists fail to look out for bicyclists in their path, and technology can help them do that. If you were injured in a bicycle accident, contact Gary Brustin today.

New Bicycle Safety Initiative Aims to Reduce Fatalities

The federal administration has kickstarted an initiative aimed at helping reduce the steadily increasing rates of bicycle and pedestrian accident fatalities. Since 2009, those rates have been increasing at rates that are much higher than for motor vehicle accident fatalities.

The new safety initiative was announced earlier this year by Transportation Secretary Antony Fox. He made the announcement at the annual “Pro-Walk, Pro-Bike, Pro-Place” conference, which consisted of participants including transportation engineers, bicycle and pedestrian safety advocates, and city planners. According to the Department of Transportation, the campaign will run over 18 months, and will include road safety assessments across the country.

These assessments will specifically focus on walking and biking paths in every state, and resources will be developed to help build more numbers of safe streets. The campaign will also promote better walking and biking lane design, more behavioral safety, and better education and training initiatives that will help people walk and bike safety. It will also focus on the promotion of car crash avoidance technologies that are specifically designed to help protect bicyclists in pedestrian and accidents. For instance, a number of new crash avoidance technologies are aimed at helping reduce the risk of serious injuries to pedestrians during an accident.

Road design is another major factor that will be included as part of the assessment. For instance, studies have indicated to California bicycle accident attorneys that reducing traffic volumes and making more space for bicyclists and pedestrians can actually help reduce the risk of fatal accidents by as much as 29%. In fact, statistics show that when such design improvements were made in rural highways, there was a 50% drop in accidents. The initiative will specifically focus on making such improvements.

It is high time bicycle safety received the same kind of priority that auto and trucking safety does in this country, and this campaign seems to be a step in that direction.

Bicyclists and Road Rash Injuries

Some of the nastiest injuries that a bicyclist may suffer involve road rash. These are lacerations, cuts, and wounds that are sustained when the bicyclist falls on the ground, and is dragged along the ground for several feet. When the skin comes into contact with the surface of the road, sensitive skin can be scraped away, leaving wounds that pose a serious threat of infection and other complications.

In order to prevent road rash, dress appropriately. Unfortunately, cycling shorts can increase the risk of suffering road rash when you are unlucky enough to fall off your bicycle. Persons who are wearing full sleeved-clothing are at a lower risk for road rash injuries. Prevent such injuries by wearing a long sleeved undershirt to protect your hands, elbows and forearms from road rash.

Take care of your injuries. Don’t simply apply an antiseptic ointment, and leave it at that. During a typical accident, when a person suffers lacerations or open wounds on the skin, dirt from the road and debris enter the wound. This is a serious infection hazard. Don’t ignore those hazards. Use a tweezer to remove pieces of debris, or dirt, or pieces of small stone and mud that have entered the wound. Wash the wound using sterile water. Use an antibiotic cream liberally on the affected area, and bandage the area. The area must heal naturally, and quickly. Consult a doctor and follow his advice. The key to preventing infections is to keep the area as clean as possible. Persons wearing full sleeved-clothing are at a lower risk for road rash injuries.

Don’t ignore road rash. These injuries may not heal without leaving some amount of scarring. If your road rash has involved your face, there may be facial scarring and disfigurement. Contact a bicycle accident lawyer, if you have suffered facial scarring as a result of a bicycle accident.

New Technology Helps Spinal Injury Patients Move Limbs

Brain and spinal injuries are some of the most devastating injuries impacting persons involved in bicycle accidents. Both of these are catastrophic injuries, and there is no complete cure for these injuries. Therefore, a new announcement by the Ohio State University Wexner Medical Center and Battelle provides very encouraging new to California bicycle accident lawyers.

According to researchers, a 22-year-old quadriplegic is now the first patient to use the electronic bypass technology that directly reconnect the brain with muscles. The technology actually helps persons who suffered paralysis as a result of spinal cord injury to voluntarily and functionally control paralyzed limbs. The quadriplegic patient is the first in a group of five participants who have been chosen for a clinical study into the benefits of the device.

According to the researchers, the procedure works very much like a heart bypass surgery to bypass electrical signals. In this procedure, the electrical signals are taken from the brain, and go directly to the muscles, without touching the site of the injury. The technology is based on algorithms that analyze the person’s brain activity, which translate the neuro impulses from the person’s brain and transmit this information to the person’s paralyzed limb. In the case of this patient, his brain signals actually bypassed his injured spinal cord, and moved into his hand, allowing him to move his paralyzed hand. The technology is called NeuroBridge.

During a typical bicycle accident, when a bicyclist is thrown several feet away from the bicycle and lands on concrete with an impact, some of the most serious injuries that can occur involve the spinal cord and head. Fortunately, in recent years, there has been significant progress in developing technologies that help patients who have been paralyzed as a result of the spinal cord injury, move their limbs again.