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.

 

Why Pedaling Fast Doesn’t Make You Go Faster

High cadence – it is something that a few cyclists took away from Lance Armstrong. You watched him pedal his little heart out to win, and for many that translated to pedaling fast makes you go faster. However, what trips up many recreational cyclists is you don’t need to pedal like a maniac to go faster.

Are There Benefits?

If you are purposely trying to get in a high intensity workout while cycling, then by all means, pedal as fast as you can. However, a new study by the International Journal of Sports Medicine shows that there is no benefit to high cadence pedaling. It doesn’t make you go faster, it does, however, make you less efficient and work to tire you out faster.

It was discovered that while the power decreased with each pedal, which was to be expected, it pushed the body higher towards the maximum more quickly and more quickly tired out the muscles, making them less efficient. As for what actually produces the best speed for cycling, that comes unique to each rider. It is suggested that reaching top speeds is all about finding what is comfortable for each person as well as what is sustainable for their bodies.

Tips and Tricks

If your legs are struggling, go to a lower gear and increase the cadence. However, if you are left gasping for air, you will want to bring the gear up and slow down that cadence. Often the key is about being in tune with what is giving out and then adjusting your bicycle accordingly. It is not about just riding in one gear forever. If you want speed and peak efficiency, you need to know when to switch it up.

Accidents Happen

Unfortunately, with top speeds comes a risk for accidents. If you have been injured in a cycling accident, contact us today to see what we can do to get you compensation.

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.

 

Does Your Helmet Actually Protect You in an Accident?

Helmet Testing

In the United States, helmet testing is still using techniques and guidelines set in 1999. This means they are about 10 years old at this point, and what we know in 10 years can change a lot. The truly unfortunate part is that the testing that these helmets undergo doesn’t even accurately mimic the type of impact that actual cyclists undergo in an accident. They prevent fractures in terms of direct impact, but direct impact to the head on a bicycle is typically not what happens in an accident. Instead, you likely rely on the rim of the helmet more for protection, something that isn’t tested.

The Protection You Need

So how do you know if your helmet will actually protect your head in an accident? If you are concerned, what you want to look for is a helmet that advertises that it is MIPS-equipped. MIPS, or Multi-Directional Impact Protection System, is a rather new technology but allows the head to slide and twist slightly inside the helmet to actually reduce the amount of impact that can be caused in a trauma.

If you are using an urban-style helmet or a very old helmet, it is time to upgrade. With luck, you won’t need to find out how good your helmet is in an accident. However, wouldn’t you rather have a good one just to be safe?

Accidents Happen

If you have been in an accident, you likely won’t walk away from it unharmed. If you have been in a cycling accident and need help, contact us today to see what the Law Office of Gary Brustin can do to help you get the compensation that you deserve.

Male Cyclists Are 8 Time More At Risk For Accidents

Every time you take your bike on the road, you are at risk for an accident. For cyclists, the risk of accident is infinitely greater than even those who drive cars because the car-centric roadways are filled with drivers that don’t know how to drive safely around cyclists. However, even among that risk, apparently male cyclists are 8 times more likely to get in an accident.

The Stats

This statistic comes from data collected from the California Highway Patrol between 2003 and 2015. During this time, there were 1,753 fatal cycling accidents, and of those, 1,557 involved male riders. Why is this? Well, part of the reason is rather simple – there are more male cyclists out there. Furthermore, men are always inclined towards more risk-taking behavior.

What this means is that unlike many women cyclists, their male peers are more likely to try and ride through that yellow light or take a more traffic-heavy route. However, no matter who you are, you are at risk for cycling accidents until cities embrace that more people are taking their bike to work rather than their car and build roads with them in mind. While these statistics likely played a part in California’s decision, many cities throughout the state have already taken huge strides in creating safer roads for cyclists to ride.

Accidents Happen

Unfortunately, if you have been in a cycling accident, it is probably something that you won’t walk away from. It can cause traumatic injuries and a huge amount of damage to your bicycle. If you have been in a cycling accident in California, it isn’t something that you have to deal with alone. Contact us today to see what the Law Office of Gary Brustin can do to help you get the compensation that your injuries deserve. Don’t let another negligent driver get away with injuring yet another cyclist.

 

Study Shows Cars Pass Closer to Cyclists Wearing Helmets

Bicycle Safety

Everyone knows that wearing a helmet helps keep you safe in the event of a cycling accident, but one study shows that wearing a helmet may also make cars feel safer around you. Unfortunately, that’s not really a good thing.

Cyclists Wearing Helmets

The study, originally conducted in 2007, has been the topic of much debate over the years, but it has finally been solidly reaffirmed and published in Accident Analysis & Prevention. The study conducted originally followed a psychologist that road the same stretches on his bicycle with a concealed camera and a ultrasonic sensor. Over 200 miles of riding and 2,355 encounters with cars with and without a helmet, he found that on average, cars passed around 3 to 5 inches closer when a rider was wearing a helmet. He also found that cars gave the widest berth to women on a bicycle without a helmet, which he tested by wearing a wig on some rides.

This study is problematic for cyclists and the cycling community that continues to be divided on the issue of helmets. Should you take this as an excuse to not wearing your bicycle helmet? Probably not. While the closer pass distance makes accidents more likely, the lack of a helmet while riding will make any accident more devastating.

A Solution?

Ideally, the solution to this would be for more states to pass mandatory safe distance passing laws for motorists and make sure they are enforced. However, when the passing distance is in a matter of inches closer, even law enforcement couldn’t enforce that. As such, this just adds another branch to the fire in the  eternal debate in the cycling community on whether helmets make riders safer or less so.

Cycling Accident

Have you been in a cycling accident? If so, you were likely subject to substantial injury, and you deserve compensation to cover those medical bills. If you want representation for a cyclist – by a cyclist – contact us today to see what Gary Brustin can do to help.

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.

When Do You Need to Legally Use a Bicycle Light?

Bicycle Law

Many states, California included, have laws that state certain rules for cyclists riding after dark. One of the most important rules is the use of a bicycle light. Not only does a bicycle light help allow you to be seen, but it is also crucial to see the road in front of you. However, when exactly is a bicycle light required?

Knowing when you need a bicycle light also requires you to know when the sun rises and sets. For example, California requires the use of a bicycle light up to a half hour before sunrise and a half hour after sunset. Of course, this means the specifics of that law literally changes by the day. If the sun sets at 9 pm in July, then that bicycle light needs to be on at 9:30. If the sun sets a 5 pm in December, then the bicycle light needs to be on at 5:30.

Bicycle Citations and Accidents

However, what happens if you do not have a bicycle light on after dark? In California, you might face a citation, particularly if riding on highways. However, the most important thing to remember is if you get into an accident after dark without a bicycle light, suddenly you will find yourself with the fault in the accident. Even if a car veers straight for you, if you did not have a light on after dark, you will have fault in the accident and thus will not be able to recover as much compensation. This is why it is so important to be well-versed in the unique laws for cyclists. Your safety is the most important thing, but if the worst should happen, you will also want full coverage.

If you have been in a bicycle accident, contact us to see what the Law Office of Gary Brustin can do to help you.