Fix-it-Tickets: New Bicycle Helmet Law

New California Law

California Highway Patrol has always been advocates for the safety of all forms of transportation, for all ages. Yet, they are now making efforts to increase the safety for children. While those of any age should be riding safely, there is a new law designated for those under the age of 18. This new California law (AB-3077) provides all law enforcement with the ability to write a “fix-it-ticket” to those under 18 who doesn’t wear a helmet while riding a bicycle, skateboard or skates. 

Fix-it-Tickets

The fix-it-tickets designed to encourage minors and their guardians to get a safety helmet – within a reasonable amount of time. “Fix-it-tickets” are unique because they are arranged to be correctable. This “fix-it-ticket” is correctable if the minor gets a helmet and completes a bicycle safety course within 120 days of that ticket being issued. The violation of this is an infraction punishable with a fine of up to $25. This does also fall onto the parent or legal guardian of the minor. This provision is jointly liable. 

The helmet must be within safety standards meaning it is the correct size for the child’s age and head size. It should fit snug to provide safety in the occurrence of a fall or other accident. Bicycle safety courses that can be completed are very informative about bike safety for all ages. 

Bicycle Safety

When laws like this arise, it is only done for the protection of the minor. These laws work to keep everyone safe on the road together. Often times kids (and adults too) might not feel a helmet is necessary. Helmets protect from traumatic brain injury during an accident. Serious brain injury can occur even when traveling at low speeds. Along with increased safety, there is another positive note about laws like this arising – Highway Patrol and other law enforcement agencies are recognizing the significance of all forms of transportation. 

Feel free to contact The Bicycle Lawyer about California laws and bicycling.

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.

 

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.

Should You Wear Headphones While Cycling?

Headphones While Cycling

There is no question as to the legality of wearing headphones while driving a car – you can’t. However, the legality of wearing headphones while cycling is a little more grey. There may be a few local ordinances that prevent it, but for the most part, it is perfectly legal to do so. The question remains, however. Is it safe to do so?

Bicycle Safety

The issue of cycling while wearing headphones is one that has always divided the cycling community. There are two camps of thought. One may feel that wearing headphones and listening to music makes a cyclist less responsive or even aware of dangers. Some others feel that wearing headphones helps dampen the cacophony of sounds that can create a sensory overload. In this respect, it is believed that by drowning it out everything else, the cyclist has a clearer head to address potential issues.

In reality, headphones are probably not the issue. If a car comes from behind and clips a cyclist, being able to hear their approach probably would not have prevented the accident. In fact, in challenging environments, being able to hear is not actually necessary. A car driver requires the unimpeded use of their ears primarily so they can hear emergency response vehicles and clear a lane. Cyclists, often not using actual car lanes, are of no particular responsibly to do anything. Often the use of your ears doesn’t do much, certainly, they do less than educating drivers on how to share the road.

Bicycle Law

So, if your city lacks specific laws against headphones and cycling, it is well within your legal right to use them. Even if you aren’t listening to music, sometimes dampening the noise around you can be a major help, making them worthwhile to use.

If you have gotten in a cycling accident and someone is trying to put the blame on you for wearing headphones, contact us today to see how we can help.

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.

Crucial Evidence to Gather For You Bicycle Accident Case

Bicycle Accident Case

No matter what your case is, it is the evidence that will make it or break it. That is how the rule of law works. If you have the valid evidence to prove your side of the story, then you are likely to win your case. If you have been in a cycling accident, you will need evidence to prove your damages and the fault of the accident as well. As such, consider gathering this important evidence.

Key Pieces of Evidence

  • Witness Statements – If anyone saw the accident happen, this can be important. They will be able to objectively detail how the accident went down. Be sure to get names and phone numbers at the scene for further use.
  • Photos of the Scene – This is not always possible as you may need medical attention. However, you should take photos of the scene of the accident if possible. They can hold a number of clues as well as show the sheer devastation.
  • Police Report – The police should be called to the scene of even minor accidents so they can create a police report. In essence, the police report is an official document showing pieces of evidence you wouldn’t even think of gathering. It describes the accident, makes note of key features like skid marks on the road, and can even make a recreation of what happened via diagrams.
  • Document of Injuries – Be sure to keep all medical records of your treatment for potential compensation. Furthermore, as injuries have a tendency to heal before court dates, be sure to take pictures of each injury to give the court something visual to see.

Unfortunately, much of this evidence can be difficult to gather on your own. This is why every injured cyclist needs the help of an experienced lawyer to help them get the best start and finish your case. If you were in a bicycle accident and need help, contact us today.

Cycling Safety Laws: How a Simple Bicycle Turn Becomes Illegal

Cycling Safety Laws

While many state governments have taken steps to create laws specifically to keep cyclists safe, thanks to some very careful wording, you will find that laws can still find a way to wedge cyclists in if they should happen to do something wrong.

Turning Laws

A prime case of this is when it comes to illegal turns. The law states that a turn becomes illegal when a vehicle does so without reasonable safety. Due to the specific mention of a vehicle and not a motor vehicle, this means it is for cyclists too. Furthermore, the law covers the act of changing lanes as well as turning.

Cycling Law

The real issue with this law is that turning left on a bicycle can be notoriously difficult. The cyclist can sit uncomfortably in the left turn lane with the cars waiting to turn left or they can walk their bicycle across the crosswalks as a pedestrian in a longer, but much safer feeling maneuver.

However, where law enforcement can punish cyclist unnecessarily is for a lack of signaling. The law states that you need to signal at least 100 feet prior to the turn, and obviously for the cyclist using hand signals, that might not be very feasible. However, because that is specifically the law, this is how turning on a bicycle can quickly become an illegal act.

Accidents

Unfortunately, with all the effort that has been put into other cycling safety laws, the matter of turns is still widely neglected. Even worse, a majority of cycling accidents happen in a turning situation even when the cyclist is actively signaling. Most drivers don’t know how to handle the situation and they often end up making poor decisions. However, if you have been injured in a cycling accident, contact us today. The Law Office of Gary Brustin is dedicated to making sure injured cyclists get the compensation they deserve.

Cyclist Dies Trying to Prevent a Hit and Run

Hit and Run Accidents

Hit and run accidents are a serious problem among the cycling community. In cities across the United States, drivers are more likely to strike a cyclist and drive away than they are when they hit another vehicle. It could be said that striking an unprotected person on a bicycle is more panic-inducing than hitting a person in the protective shell of a car, but there is no excuse for hit and run accidents ever.

In the News

Unfortunately, a recent hit and run accident for cyclists turned deadly for a different reason in Long Beach. In this incident, two friends were riding down the street when one was struck by a Ford Expedition. After the accident, the driver of the car sped off, and the victim’s riding companion peddled after him.

The cyclist eventually ended jumping on the hood to try and stop the fleeing driver. Even as the car swerved, trying to throw the cyclist off, the cyclist tried to reach into the car to turn off the ignition. Unfortunately, after a half-mile, the cyclist was thrown off, and after hitting his head on the curb, passed away.

In a small bit of fortune, the first victim walked away with only minor injuries, but the perpetrator ended up fleeing after abandoning the vehicle. While this is a story almost straight out of an action movie, it shows how innately angry cyclists are at the frequency of hit and run accidents in their community. Unfortunately, it ended poorly for the cyclist trying to get justice for their friend.

Justice

Hit and run accidents are difficult not only for seeking legal action but if there is no one else to report the accident, then it can turn even more serious for the victim who needs medical attention. If you were involved in a cycling accident, even if it was a hit and run, contact us today. The Law Office of Gary Brustin can help you seek justice.

3 Useful Tips for Safer Night Cycling

On the whole, cycling is a safe mode of transportation. While it’s true that if a cyclist and a motorist collide it’s the cyclist who’s more likely to be injured, those collisions aren’t as frequent as you might think. However, accidents do happen, and according to the National Highway Traffic Safety Administration (NHTSA), most of those accidents happen at night and in urban areas. To that end, let’s go over a few useful tips for how you can cycle safely at night, particularly in urban areas with heavy traffic.

Use High-visibility Gear

High-visibility gear is one of your best defenses against cycling injuries when traveling at night. If it lights up, reflects, or otherwise indicates your presence to motorists, use it. Reflective tape, for instance, can be placed on your seat, wheels, gear, and even onto your clothing while you travel at night. When headlights hit the tape, it lights up and tells drivers you’re there. Flashing tail lights that clip or screw onto your bike are also advisable, as are reflective helmets and headlights.

Go Back to Basics

If you’re an experienced cyclist, you know the basics, but it doesn’t hurt to remind yourself of them once in a while. This is particularly true if you’re traveling in a riskier-than-usual environment, such as cycling at night. The League of American Bicyclists advises cyclists to use a system called “ABC Quick Check”. A is for air, B is for brakes, C is for cranks and chain, Quick is for quick releases, and Check is to check the entire bike over. Again, this might seem rudimentary to someone who’s been cycling for a long time, but it’s worth doing when heading out at night. The more responsibly you cycle, the less of a chance there is that you’ll get injured.

Stay On the Road and Be Vigilant

Many cyclists, even those with years of experience, feel tempted to ride on sidewalks at night thinking they’ll reduce their risk of getting hit by a car if they stay off the road. However, most cyclist safety guides, like those provided by the Bicycle Alliance of Minnesota, warn cyclists that riding on sidewalks can actually put them at a higher risk. The reason for this is that motorists are looking for cyclists on the roads. They don’t expect cyclists to be on sidewalks. When you’re on a sidewalk, you’re invisible, so if you suddenly have to go back onto the road or you fall off the sidewalk for some reason, they’ll never see you coming. Of course, that means they’ll have very little time, if any, to correct their course. Never assume the motorists can see you. Stay on the road, be vigilant, remain observant, and don’t let your guard down.

Follow these tips, and you can go a long way to preventing an accident when cycling at night.

Have you been involved in a bicycle-related accident? Contact us today for legal help. We’re here to help you.

 

What Should You Do When Your Bike is not a Bike?

 

Bikes aren’t just bikes anymore. There are hundreds of variations available once you cross ‘car’ off of your list of preferred default vehicle. But it can be difficult to know what the legal situation is involving your bicycle. A Segway, an e-bike, and a unicycle have a lot in common, but the law enforcement pulling up behind you might see it differently.

Where is it safe to ride your ‘not a bike’?

There is no hard and fast rule when it comes to bike alternatives. Even the laws regarding traditional bikes can get a bit hard to nail down. That means your best option is to call up your city and your county and ask what the rules are. E-bikes, for example, are usually forbidden from the sidewalks even when manual bikes are allowed. There may be no specific law for unicycles. No matter what your specific vehicle is and where you plan on riding it, get the answer in writing, and make sure you have the answer for anywhere you might use it.

Why is the local government your best source of information?

Different laws are written for different people. The bike store where you got your ‘not a bike’ sees distinctions very differently from how you, the consumer, has to see them. They are more concerned about the technical definitions about what they’re allowed to sell to whom and with what addendums, not where you’re allowed to use it. The same vehicle might even be called two different things based on which set of rules you’re looking at.

But getting the word from your government is the best solution. It comes straight from the source. It shows preparation. If you think you’re doing the right thing and you have the email to substantiate that, you’re usually going to be fine rather than fined.

For more bike tips, browse our articles at the Law Office of Gary Brustin.