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.

 

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.

 

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.

Texting and Cycling: Can You Use Your Cell Phone While Riding?

Texting Laws

By now, everyone should be fully informed of the dangers that come with texting and driving. So much so, that many states have now made it illegal to drive a car and use your cell phone. However, does that law extend to cycling? Surprisingly, not always.

While some states have put in place laws that make cell phone use on bicycles illegal, it isn’t so in California. There are no laws against it. So technically, if you wanted to, you could use your cell phone while riding. However, the real truth is that you probably shouldn’t. The issue with using a phone while driving a car is that you take your eyes off the road, and when going at a decent speed, this is dangerous.

Texting and Cycling

However, cell phone use on a bicycle is dangerous for a different reason. Not only does it distract your eyes from the road, but it takes up one of your hands as well. You need both hands for steering, and if you need to make a split-second maneuver, you will likely spend that split-second deciding to drop the phone or grab the handlebars.

A large part of the share the road laws that cyclists fight for in order to make their rides safer comes from a desire to truly share the road. If you are on your cell phone, you aren’t being fair to motorists or anyone else on or near the road. It is one matter if you use a hands-free device and a phone holder for your bike, but if you dare to use the phone the traditional way, you are asking for an accident.

If you have been in a cycling accident due to the negligence of another, contact us today to see what the Law Office of Gary Brustin can do for you.

“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.

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.

Seven Things to Do if You are Involved in a Bicycle Accident

Bicycle riders are particularly vulnerable when they are riding in areas with automobiles.  While automobile drivers are protected by a metal cage wrapped in steel, bicyclists are completely vulnerable should they collide with a car or truck.  Most riders are careful and watchful around motor vehicles, but bicycle/automobile accidents are still too common.

In fact, according to the National Highway Traffic Safety Administration (NHTSA), more than 800 bicyclists died in a motor vehicle crash in 2015, a 12% increase over the previous year, and 45,000 received injuries in a motor vehicle crash.

With numbers like these, it is important to know what to do if you become involved in a car or truck accident when on your bicycle. Here are seven steps to keep in mind.

1. Get Out of the Street

If you are not too badly injured, get out of the street as fast as you can.  Accidents happen quickly, and oncoming traffic might not see you on the ground. You do not want another vehicle to strike you.  Check your body to for cuts and lacerations, even broken bones.

2. Call 911

Call the police and tell them that you are a bicyclist and have been injured in a motor vehicle accident. Request medical attention.

3. Get the Driver’s Information

Ask the motor vehicle driver for his name, address, and insurance information. Do not discuss the accident.  Do not admit any kind of quilt.  Do not minimize your injuries. This can work against you if you should end up in court.

4. Gather Witness Information

Get the name, phone number and address of witnesses. If you are not feeling well enough to do this, then ask someone nearby to do it for you. Do not, however, discuss the accident with witnesses.

5. Take Accident Photos

Use your smartphone to document the accident. These pictures will come in handy if you go to court.

6. Talk to the Police

When the police arrive, tell them what happened. Be honest. Most states have laws regulating the right of way, distances between bicyclists and motor vehicles and more. Explain to the police why you are not at fault and request that the car or truck driver receive a ticket.

7. Talk to a Lawyer

You might decide to file a claim with the driver’s insurance company. Before doing so, talk to a skilled bicycle accident attorney.  The insurance company is not your friend and will do what it can to mitigate your claim.

If you are a bicyclist who has been injured in a motor vehicle accident, then please contact us. Our team is standing by ready to assist.

 

What to do if You are in a Bicycle Accident

Riding a bicycle is a great form of exercise and mode of transportation. While riding a bicycle is generally considered to be a very safe activity, there are situations in which you may be involved in an accident. If you are involved in a bike accident, there are several things you should do to make sure you are not seriously injured and are properly represented.

Make Report and Gather Evidence

When you are involved in an accident, one thing that you will need to do is make a report and gather evidence. If the person driving the car does not flee the scene, it should be easy to work with them to obtain their vehicle and insurance information. If they do you happen to leave without checking on your status, you should do your best to take a picture of the vehicle and contact the police immediately to fill out a police report.

Receive Medical Attention

If you are involved in a bicycle accident, the most important thing that you need to do is make sure that you are OK. If you are seriously hurt, you should go to the hospital and receive medical attention immediately. Even if you do not have any obvious signs of injury, it would still be a good idea to go in for an examination as there could be internal damage that is not yet evident.

Legal Representation

If you are involved in an accident while you were riding a bike, you should also contact us for legal representation. Our firm will be able to provide you with consultation on your case and work with all other parties involved in the accident to ensure you are properly represented. This can include receiving a settlement for damage your property, coverage for your medical bills, and even reimbursement for any pain and suffering.

Distracted Driving: When Failure to Pay Attention Negatively Impacts Lives

As Max Wasserman of The Daily indirectly noted back in late July 2017, distracted driving isn’t just something that plagues motorists and pedestrians. In places all across the country, it’s having a negative impact on cyclists as well. For further proof about the wide-spread nature of this problem, check out the letters New York Times’ Editor, Dean Baquet, received in early August 2017. They too tell the tale of what daily distractions are doing to this country, beyond the rising accident statistics.

There’s the physical and psychological damage cyclists experience to contend with as well. In June 2017, Reuters’ published the results of a bicycle accident study conducted in our own State of California. It clearly showed that medical related expenses alone may cost cycling enthusiasts thousands of dollars per accident. Of course, that estimation doesn’t even begin to scratch the surface of the incidents’ true cost, which often includes loss of future wages, bouts of anxiety and permanent disabilities.

For example, did you know that people involved in bicycle accident may find themselves diagnosed with PTSD? It’s true and such occurrences are widely noted by Family Doctors. Those cyclists unfortunate enough to be diagnosed with the condition may suffer irreparably damaged relationships as well as lifelong battles against giving in to depression, hallucinations, and suicidal thoughts.

As such, it is imperative that our nation’s governing bodies consider implementing measures designed to do more than just penalize distracted drivers. They must ensure the safety of cyclists and provide ways to obtain damage relief as well. Unfortunately, not all governing bodies or accident attorneys are well versed in bicycle law. As such, they may not be adequately prepared to fight for the rights of those whose lives have been impacted by bicycle accidents.

At the Law Office of Gary Brustin, we are prepared to represent and fight for the rights of bicycle accident victims as well as their families. To learn more about what we do and why, please contact us directly today.

Had A Near-Miss With a Car? Study Shows You Are Not The Only One

Even if you are just a casual road cyclist, everyone has one of those stories about how they almost go completely wrecked by a car. We like to call them “near-miss” accidents because they almost happened but didn’t. However, if you only know a limited number of cyclists, then you don’t know how common near-misses are. However, a new study out of the UK shows just how much danger cyclists are in.

The study, run by a group aptly called the Near Miss Project, was lead by Dr. Rachel Aldred of Westminster University. Here colleagues rounded up 1,532 participants and asked them to keep a diary of their cycling on a preselected date. On average, the cyclists had three near-misses that day. This included being passed too closely, blocked by a vehicle, vehicles pulling out into a cyclist’s path, being driven at, and almost getting the dreaded right hook by turning vehicles.

Why is it so rampant? The study theorizes that the cause is relatively simple. Unlike cyclists, drivers perceive near-misses differently. Since they are protected by a thick shell of metal, they may not even realize the danger they are putting those who they share the road with in. When you don’t realize what you are doing is dangerous, it makes it pretty hard to learn a lesson from it, right?

If you are lucky, your cycling career will be filled with only a near-miss or two and never an actual accident. However, we are not all so lucky. If you have been in a cycling accident and need representation to cover your medical bills, contact us today.

5 Tips for Effectively Avoiding Bicycle Accidents

Biking near traffic on city streets is challenging, even in bike-friendly cities. It is key that you take the necessary steps to avoid bicycle accidents even before you get on the road.

1. Inspect your bike before you ride. 

Make sure to check your brake calipers and brake pads, tire pressures, and give your frame a quick visual inspection for any cracks, fractures, or significant dents that could be hiding. Lastly, double-check the tension on the quick release levers on your wheels (if applicable).

2. Ride defensively. 

It is important to ride as if nearby cars cannot see you. Try to predict the next move of automobiles near you. Riding defensively will help you be more aware of the flow of traffic: sudden change of lanes, fast stops, or even accidents will be effectively predicted with defensive riding.

3. Follow all traffic laws. 

Bicycles on the road are subject to the same traffic laws as automobiles. Just a few examples are: signal turns with your arms, stop at all stop signs and stop lights, and ride within speed limits.

4. Ride predictably. 

Many drivers are uncomfortable driving near cyclists. Riding predictably helps them anticipate your next move. Don’t make any sudden route changes or stops even if you are in the bike lane.

5. Be seen. 

Wear bright-colored and reflective clothing for the best chance of being seen by an automobile. If you are riding on a low-speed residential road without a bike lane, while it may seem counterintuitive, riding closer to the center of the lane will help you be seen by automobiles behind you. This requires them to slow down and find a safe stretch of road to pass. Riding far on the edge of the road puts you in the driver’s periphery vision and can make you invisible to distracted drivers.

Although these five tips will significantly reduce the likelihood of bicycle accidents, they still happen. Contact us to ensure that you get full compensation.

Is Bicycling More Dangerous Than Other Modes of Travel?

Although they don’t always make the news, bicycle crashes are a frequent danger in a world dominated by motor vehicles who don’t understand how to share the road. However, as bicycling accidents are so frequent, there are some who knock the lifestyle stating that it is more dangerous than other modes of travel, but is it really?

The NHTSA published their crash facts in 2015 and found that over 800 deaths per year associated with bicycling. However, these fatalities represent less than two percent of all traffic fatalities. For some reason, bicycling seems to be over-represented in crash data, despite the fact that there is no way to measure exactly how long most cyclists are exposed to motor traffic each day, and thus, at risk.

Despite many crash statistic making bicycling out to be significantly more dangerous than it probably is, millions of people around the world engage in this healthy and typically inherently safe activity every day. Furthermore, if drivers were taught how to appropriately share the road with cyclists and major cities took more steps to make their roads friendly for cyclists, millions more people wouldn’t be swayed by the statistics to take up this mode of travel.

Unfortunately, when some look at cycling around town, all they see are the risks. The risks that change drastically depending on the time of day, location, and experience level of the rider. Just like driving a car, accidents can happen while cycling. Some cyclists have been in several throughout their cycling life, but is cycling more dangerous than driving? Probably not, and it is getting safer each day.

If you have taken to cycling and found yourself in an accident, contact us today. Gary Brustin is dedicated to representing the rights of cyclists.