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.

 

“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.

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.

California Leads the Nation in Serious Bicycle Accidents

 

Bicycle accidents don’t just involve children taking a tumble. Serious accidents involving bicycles occur more frequently than you might realize. In fact, according to a story in the L.A. Times, in 2014, the Governors Highway Safety Association commissioned a report which showed that California led the nation in the number of cycling accidents that resulted in death.

Bicycle Accident News

Throughout the entire United States, the number of bicycle accidents that occur every year is staggering. The Centers for Disease Control and Prevention published a report that stated, in 2015 alone, over 1,000 bicyclists died, and there were almost 467,000 bicycle-related injuries. Though the 2014 and 2015 statistics are now several years old, bicycle accidents continue to make headlines, especially in California.

In April 2018, the San Diego Union-Tribune reported that a college professor was killed in the Flinn Springs area while cycling. The female driver who hit him had fallen asleep at the wheel. Even though Professor Brian Jennings was wearing a helmet at the time, his injuries were too severe, and he later died at an area hospital.

In March 2018, KTLA News in Los Angeles reported that Cole Micek was riding his bicycle in Long Beach when fatally struck by two drivers who then fled the scene. The 24-year-old’s tragic death came as a shock to his family and friends. Micek’s uncle told reporters that his nephew was a “loving, energetic young man.”

What To Do

When a vehicle hits a cyclist, the resulting injuries can be severe or even fatal. Medical and funeral costs pile up and can plunge you and your family into emotional, financial, and physical crisis.

If you’ve suffered in any way due to a severe bicycle accident, please contact the Law Office of Gary Brustin today to find out your rights. Mr. Brustin, a cyclist himself for more than 45 years, is a California-based personal injury lawyer. His law practice is limited to strictly cycling cases, and he has handled over 1,000 bicycle accident cases in his career.

Parent’s Liability for Children’s Bicycle Accidents

Kids will be kids, as they say. No matter how old you are, accidents can and will happen, but if your child has gotten into an accident on their bicycle, damaging another’s property, can the parent’s be held liable for damages in California?

The answer is yes and no, depending on the circumstances. If your child is riding their bike and willfully swerves out in front of another cyclist causing an accident and injury, then in this case, yes, the parents can be held liable for damages. California law states that if a child willfully causes harm to another person or property, their parents will be on the line to pay for it or be subject to legal action.

However, this only covers intentional acts on the part of your child. If your child is riding their bike, loses control for one reason or another, and crashes into a parked car, then the parent is not held liable for the damages that were caused by carelessness or negligence. While parents may choose to cover the damages as an act of good faith for the accident, they will not be liable in any lawsuits.

Typically if the parents are being held liable, there is a limit to their liability. At maximum, they will only be responsible for up to $25,000 per intentional act that the child caused. When injuries are involved, parents cannot be held on the line for damages like pain and suffering, but rather are restricted to only paying for medical expenses.

If you or your child has been in a bicycle accident in the greater Los Angeles area and you are being held responsible, contact us today. While you may be liable, that doesn’t mean you should be stuck paying the maximum expenses because you did not have a lawyer on your side.

What To Do When You Were in a Bicycle Accident With No Crash Report

In many cases, those in bicycle accidents suffer only relatively minor injuries, a broken hand here, a few scrapes there. However, there are occasions where a bicycle accident is significantly more serious. Accidents that result in loss of consciousness or have the need for an EMT response can be dangerous not only to the cyclist that was injured but for seeking coverage for the crash as well.

There is a cautionary tale going around the cycling community about a cyclist in New Orleans that was whisked away by EMTs after a crash for medical attention, and the driver that hit her told the responding officers that they would settle things amicably. The officer let that driver drive right off without making a crash report or even getting their name. This left the cyclist stuck with a ruined bicycle, huge medical bills, and no way to seek compensation for them.

If this happens to you, what do you do? Your options seem pretty non-existent, right? In truth, without a name or contact information that would be gathered by a crash report, they are. However, while you can’t go after the driver, you can go after the police who failed to do their duty.

Regardless of if parties decide to handle things amicably, police officers are required by law to file a crash report if the damage exceeds $500, this includes if you were spirited away by what will be a very expensive ambulance ride.

If you have been in a cycling accident with no crash report to be found, your case against the police will be much more difficult, but it can at least result in the coverage of your medical bills and damages that the driver owed you. If you need legal representation for this or any other bicycle accident cases, contact us today.

Common Types of Bicycle Accidents and How to Avoid Them

While biking, it’s imperative that you not only pay attention to what you are doing, but that you pay especially close attention to what others are doing. When riding your bike on or near a roadway, it’s often easier to see other travelers than it is for them to see you, especially with the amount of distractions for motorists in this era of technology. With the prevalence of cell phones, radios, and navigation devices, you must be responsible for your own safety. The following are common types of accidents involving cyclists:

The Right Cross.

This occurs when vehicles are pulling out of a side street, parking lot, or a driveway on the right of the cyclist. You can be struck by the oncoming vehicle, or you could potentially crash into the side of the vehicle. In order to prevent this type of collision, make sure to use a front headlight if traveling at night. Try to make eye contact with the driver. If this doesn’t work, wave! Slowing down ensures that you have a better chance of coming to a complete stop if you have to. Ride further to the left of the lane when approaching an intersection. This increases the chance that an oncoming driver will be able to see you and gives you more maneuvering options in the event they don’t.

The Door Prize.

You are riding along beside parked vehicles when one of the drivers open his door, and you smack right into it! This is one of the most common types of collisions involving cyclists. Simply riding farther to the left will give you more room to avoid the unexpected car door opening.

The Rear End.

You simply swerve to the left a bit to go around a parked vehicle or some other obstruction in the roadway and get nailed by a car from behind. To avoid this scenario, ALWAYS look behind you before moving over. Secondly, don’t swerve in and out of a parking lane if it contains parked vehicles. Ride as steady as possible, even if there are empty spots. Use a mirror to help you monitor traffic behind you without constantly having to look over your shoulder, which can cause an involuntarily merge to the side you’re looking from. Finally, signal. Never move left without signaling. Holding your left arm straight out indicates that you will be turning in that direction. Just make sure to look behind you first, so that a passing car doesn’t take off your arm!

In the event of an accident, legal representation may be needed. Contact California bicycle accident lawyer 24 hours a day, 7 days a week to answer all of your legal questions!