Bicycle Safety Lawyers Archives - Page 4 of 4

Biking Enthusiasts May Want to Consider Safety Issues Before Buying Green

Posted on March 18, 2016October 9, 2019 by Gary Brustin

Biking has always been considered an eco-friendly activity for obvious reasons. But today’s entrepreneurs are finding ways to make it even greener. You might ask, “How is that even possible?” Well it starts like everything else, with the foundation. An increasing number of people feel it’s time to toss the metal frames away and go with sustainable materials instead.

Which sustainable materials are currently being used? There are already firms experimenting with bamboo, wood, recycled cardboard and refurbished parts ala steam punk style. While we agree that they’ve all got the cool factor, what about bicycle safety? Do the sustainable materials have the ability to withstand impact with guard rails or motor vehicles? In order to answer that critical biking question, we must look at whether or not the industry is federally regulated.

In many respects, it does receive government oversight. However, there have been bumpy stretches of pavement on the way to greener alternatives. The bumps have largely been prompted by industry innovations moving faster than the federal law making process. For example, the laws were written with traditional metal bicycles in mind, not the latest materials. As such, not all bicycles may fall under the current industry requirements.

What are the current requirements when it comes to bicycle frames? Some of them are listed in Federal Code Title 16. Look for them in Chapter 2, Section 1512. They indicate that frames must meet certain strength guidelines. The strength guidelines, however, are for downward pressure only. Curiously, they don’t mention the ability to withstand impact with another object.

So will these green bicycles hold up in an impact like their traditional counterparts? We can’t say for sure until the bike manufacturing laws catch up to the entrepreneurs. With that said, biking enthusiasts should choose their rides carefully and consult with bicycle accident attorneys as needed.

Ventura County’s Bicycle Laws Aren’t Enough to Protect Riders’ Lives or Wallets

Posted on March 10, 2016October 9, 2019 by Gary Brustin

Do you know which bicycle laws apply in Ventura County, specifically Oxnard? If not, better boost your biking IQ before that next ride. The local police frequently conduct random stops and the city has seen its share of fatal accidents too. One of the more recent tragedies took place in a popular cycling area on January 26th, 2016. In that instance, a vehicle backed over a cyclist during daylight hours.

How prevalent are random stops and bicycle accidents in the county? Let’s turn to the county’s bicycle safety report from last year. It’s presently the most current one available to the public. It clearly showed that close to 50 people died in biking accidents during an 18-month period alone. In our bicycle accident attorney’s opinion, that’s 50 to many.

In addition, it pointed out that although people are frequently detained by the police for related, bicycle law violations, there is precious little follow through going on. At least that was true until January 2016 when a number of riders found themselves on the wrong end of tickets. No word was released on how many motorists, if any, were also affected by the pre-planned sweep.

Interestingly enough, the previously mentioned report also noted that motor vehicle drivers in the area have a tendency to rear-end cyclists, which means that they were likely in violation of the 3-Feet Clearance Law of 2014. The bicycle law was created in response to county members’ previously voiced concerns but has yet to make an impact on motorists’ overall behavior. And sadly, rear-end collisions and others that involve motor vehicles often end with life threatening or altering injuries for cyclists.

Respected publication, The American Family Physician, previously published which types of injuries are likely to occur during such incidents. Among them are intracranial hemorrhage, parenchymal lung damage, facial contusions and splenic ruptures. Obviously, they may all prove deadly depending on the severity of the traffic accident.

This all leads avid cyclists to ask, “Is knowing and adhering to Ventura County’s bicycle laws enough to stay safe?” Sadly, they’re not enough. Accidents still happen and Oxnard cyclists need lawyers that will fight to protect them should an unfortunate turn of events leave them bedridden or dead. To find one familiar with the area’s cycling pathways, accident history and bicycle laws, please contact us today.

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

Posted on February 25, 2016October 9, 2019 by Gary Brustin

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.

You’re Never Too Old to Practice Bicycle Safety

Posted on December 17, 2015October 9, 2019 by Gary Brustin

According to this article in The Idaho Statesman, bicycle safety is no longer an issue solely reserved for the younger population. It states the mortality rate of adults ages 35 to 54 has tripled…yes, tripled…in the past 40 years, while the rates for children have declined dramatically. Some of this is due in part to an overall increase in bicycle popularity (especially in big cities), it is also caused by an almost general societal understanding that only children need reminders about staying safe while cycling.

The first and most important rule of the road for cyclists: wear a helmet! The Governors Highway Safety Association (GHSA) says that no state currently requires adult riders to wear helmets, while 21 states and some US territories have enacted laws for cyclists below a certain age, often either 16 or 18.

Knowing hand signals and following traffic laws are also essential components of bicycle safety. Relying on your senses and the responsibility and responsiveness of drivers and other riders is not enough to keep you safe. Brush up on your state driving and cycling laws by visiting your local licensing department.

Even the most prepared and aware cyclist can find themselves involved in an accident. Knowing what to do when that happens before it happens can help alleviate the stress of dealing with medical bills, insurance claims and all the other tasks required when an accident happens. We encourage you to contact us to answer any questions you have about bicycle accidents and what to do if you are involved in one.

Bicyclists – Beware of Road Rage

Posted on December 10, 2015November 18, 2019 by Gary Brustin

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.

Bicycle Safety Laws in California

Posted on June 1, 2015November 23, 2019 by Gary Brustin

Bicyclists in California may be subjected to the same type of laws and rules that apply to other users of the road. Just because you’re riding a non-motorized vehicle does not mean that you can flout traffic safety laws. In fact, compliance with traffic safety laws is key to safety as a bicyclist in California.

As a bicyclist, you and your bicycle passengers below the age of 18 must wear a helmet while riding a bicycle. The helmet must be approved by the Department Of Transportation.

Bicyclists are also prevented from wearing earplugs, or headsets while riding. These can prevent a bicyclist from hearing approaching cars, or other accident cues. However, exceptions apply to hearing aids.

California’s laws also ban riding under the influence of alcohol and drugs, and prohibit bicyclists from carrying items that prevent them from keeping at least one hand on the handle bar while riding.

Bicyclists also have an obligation to yield right way to pedestrians, when they come across pedestrians at marked crosswalks, or unmarked crosswalks at intersections. Accidents involving bicyclists and pedestrians can have serious consequences, and there is no excuse for bicyclists to neglect pedestrians in or outside a crosswalk. Look out for pedestrians when you’re nearing intersections.

While riding, always ride your bicycle on the right side of the roadway, and in the direction of traffic except in certain situations, like while making a left turn or passing. A bicyclist may not be allowed to ride on sidewalks in all counties. First check, whether the California County allows bicyclists to ride on sidewalks, before doing so. Riding on the sidewalk comes with a risk of injuries involving pedestrians.

Bicycle Safety Tips for Kids

Posted on April 20, 2015November 23, 2019 by Gary Brustin

Summer season marks peak bicycling season for children. It also means a higher risk of accidents involving your children when they’re bicycling outside. Make sure that your child is properly equipped for riding outside in the summer.

Teach your child the rules of safe bicycling. Make sure that your child is always wearing a properly fitted bicycle helmet, while riding. A bicycle helmet must be well-fitting, and must not be either too tight or too big. If it is too tight, it may prevent the child from wearing the helmet. If it is too loose, it will not do a good job of protecting the skull during impact in an accident.

Make sure that your child’s bicycle also fits properly. When your child stands over the bicycle straddling it, there should be at least a 2-inch gap between him and the top tube.

It’s important for children to be seen when they are riding, and that can’t be done when there is poor visibility. Don’t allow your child to ride outside at night. Avoid white clothing while riding outside. Wearing white doesn’t make you more visible. Make your child wear brightly-colored fluorescent clothes instead.

Teach your child to look out for hazards on the road. There could be debris on the road, puddles, and potholes, and all of these pose a potential accident threat. Also, look out for dogs that may be playing close by. It’s always best to ride in groups- a group of children riding together is much harder to miss.

If your child was injured in a bicycle accident, contact a California bicycle accident lawyer.

Bicycling Program to Create More Confident Bicyclists

Posted on January 18, 2015October 10, 2019 by Gary Brustin

Most bicycle training out there targets bicyclists who may need help getting back to riding on two wheels, or those for whom their last bicycling experience was back in school. However, one program offered by the American Bicycling Education Association aims at helping bicyclists become more confident bicyclists, and empowering them to share the roads equally with other users.

The Cycling Savvy program is a course designed by the American Bicycling Education Association, and is available across the country, including in the Southern California region. The Cycling Savvy program consists of three components. Each component lasts for about three hours each. The components include a class session, where a person is taken through the theoretical aspects of safe driving, a bike handling session usually conducted in a parking lot and where a person learns to understand his bicycle in depth, as well as an on-road tour which takes place in a more learning-based environment.

The point is not to make bicyclists aggressive. The aim of the program is to empower bicyclists, and make them strong enough to handle many of the challenges that they can expect to face while riding.

Many bicyclists have a fear of riding in certain situations, like when they suddenly enter an intersection with a lot of traffic, or when a motorist rides too close to them. In all these cases, there are steps you can take to keep your cool and handle the situation safely and responsibly. Cycling Savvy Study aims to polish your riding, and instill confidence so that you can handle any adverse situation with ease.

You can find a Cycling Savvy course in the California region too. Simply log on to the Cycling Savvy website, and look for a program near you.

Outrage after Fatal Accident at Music Festival

Posted on March 2, 2014November 23, 2019 by Gary Brustin

Emotions are justifiably high after a recent fatal alcohol-related car accident in Texas, in which a drunk driver plowed through a group of persons standing outside a popular music festival. One of those injured was a tourist on his bicycle. A number of pedestrian and bicycle safety organizations are calling for stronger laws, holding drivers accountable for such accidents.

Two people have been confirmed killed in the carnage that resulted when the drunk driver allegedly broke through the barricades in his vehicle. The driver did not stop and continued to drive on, plowing through pedestrians standing outside the venue of the music festival in Austin. After a while, the car came to a complete stop, and the driver fled the scene on foot. By the time the carnage ended, two people had been confirmed killed, and more than 20 people had been injured. At least five of the injured are believed to be in a critical condition.

The loss of life here, and the number of injuries that have occurred as well as the preventability of this accident, has heightened tempers. Pedestrian and bicycle safety groups are calling for stronger rules that hold drivers responsible, when they engage in such negligent driving.

They are specifically calling for pedestrian and bicycle safety rules that mirror those in countries like the Netherlands, and in other European countries. In the Netherlands, for instance, strict liability applies in an accident that injures a pedestrian or bicyclist. Regardless of the kind of negligence involved, the motorist is held responsible for the injuries that have been caused to the more vulnerable person, that is the pedestrian or bicyclist. Compare that to the United States, where motorists very often get a wrap on the wrist for an accident that leaves pedestrians seriously injured.

Bicycles Recalled Due to Fall Hazard

Posted on January 4, 2014October 10, 2019 by Gary Brustin

The Consumer Product Safety Commission has announced a recall of several models of bicycles because of a defect that could cause the bicyclist to fall off from the bicycle.

The bicycles are included in this recall are the 2012 Source Eleven and Source Expert Disc bicycles, that come with Supernova Switchable Dynamo Front Hubs. According to the Consumer Product Safety Commission and the company, the defect is linked to a risk that the set screws in the front half of these bicycles can become loose. In such cases, the front wheel may stop turning and if this happens when the bicycle is in operation, then the bicyclist may be at serious risk of suffering a fall.

The company Specialised Bicycle Components Inc, has set up a toll-free number at 877-808-8154. Owners of these recalled bicycles have been asked to immediately stop riding them, and take them to an authorized Specialised dealer. The dealer will give a free replacement front wheel and new front hub. Thus far, there have been no accidents or injuries reported with these defective bicycles. However, California bicycle accident lawyers believe that the kind of injuries that are associated with this defect can be very serious. If a person is thrown off his bicycle when the front wheel stops turning while the bicycle is in operation, there may be a risk of serious injuries.

One of the things that bicyclists very often fail to do is to track federal safety agencies for recall involving bicycles. It’s important to be aware when there is new information being released about potential defects with your bicycle to stay safe. Most bicycle- related recalls are announced by the Consumer Product Safety Commission, and you can sign up for alerts on the CPSC website.

Bike Sharing Program Encourages Helmet Use

Posted on November 11, 2013October 10, 2019 by Gary Brustin

A number of bike share programs are now in place across the country, and while they have encouraged bicycling in these cities, California bicycle safety lawyers have been very worried about the fact that many of the persons who rent bicycles through these sharing programs, fail to wear helmets. In Boston, a new bike sharing program tackles this problem.

The bike rental program in Boston is modeled on similar programs that have been launched across the country since the first one in Washington DC in 2008. There are currently 34 such short-term bike rental programs across the country in operation. That is not even including the countless such programs that are currently in place on university campuses around the country. The 34 bike rental programs currently in operation in the United States is just a small fraction of the 535 such programs that are currently being implemented around the world.

There is no denying the fact that these bike rental programs are the way of the future, and as cities get more congested and people look for easier ways of getting around, bike rental programs are only likely to increase in popularity.

However, statistics find that many persons who rent bicycles from bike share programs fail to wear helmets. According to the data, approximately 4 out of 5 persons who rent bicycles from bike share programs, do not wear helmets. According to statistics by the Harvard-affiliated Beth Israel Deaconess Medical Centre, most bicyclists in Washington and Boston who rent or borrow bike share bicycles, do not wear helmets. That increases the likelihood that they will be injured in an accident by as much as 88%.

The Boston program allows bicyclists to rent cheap helmets, while they are renting their bikes through a convenient Helmet Hub. A 24-hour rental for a helmet costs just two dollars under the program.