Archives: Practice Areas

Merge Left / Rear-End Collision

One of the most dangerous accident situations occurs when a cyclist moves into the roadway to make his or her left-hand turn. Simultaneously, a motorist comes up quickly from behind and “rear-ends” the cyclist. Unfortunately, this can result in severe injuries or even death.

Advice to Cyclists – Minimize the Opportunity for a Merge Left / Rear-End Collision to Occur

Stay to the right as long as you can and make sure the left lane is clear. Carefully observe the placement and speed of all on-coming vehicles. Look in all four directions. Most importantly, take your time. If the situation is not right, do not take a risk. Wait until you are certain the road is as clear as it can be. It is very difficult to estimate an approaching vehicle’s speed when glancing behind you.

Despite the best pro-active safety measures as stated above, a rider never really knows if or when a dangerous driver will “rear-end” him. The point is this: a car may weigh 3,000 or 4,000 lbs. Cyclists are at the mercy of these two-ton missiles. The impact can produce fractured limbs, spinal damage, coma or death.

If more motorists were simply aware that cyclists have the right to share the road, there would be far fewer accidents. More lives would be saved. Less injuries would occur.

Attorney Gary Brustin, California Cyclist Rights Attorney

Mr. Brustin’s entire practice consists of cyclists who have been injured in bike accidents. He has personally handled more than 1,000 cycling accident personal injury cases and has consulted on another 5,000.

Mr. Brustin also volunteers his time as a Board Member of several cycling organizations:

• League of American Bicyclists, Board of Directors, 2004-2012
• Silicon Valley Bicycle Coalition, Board of Directors, 2008 to present.
• California Bike Coalition, Board of Directors, 2000-2010

Complimentary Telephone Consultation with Mr. Brustin to Discuss Your Case

Mr. Brustin offers a complimentary consultation to cyclists who have been involved in a biking accident. The toll free number is 800. 841.2453.

What can you expect to discuss at your complimentary phone consultation?

• Details of your case
• Bicycle laws
• Explanation of case procedures
• Case viability
• You will be able to ask the questions that are on your mind regarding your case

Also, you may be able to obtain an estimate of what the case might be worth if it is settled or if it goes to trial. We look forward to receiving your call.

The Law Offices of Gary C. Brustin, APC

Give Mr. Brustin a call today at 800.841.2453.

He can also be reached by email at info@bicyclelawyer.com

Mr. Brustin’s main offices are located in:

• San Jose
• Santa Monica
• Irvine
• Palm Springs

Explaining the Danger of “Door-ing”

Cycling in urban areas can be just as rewarding as breaking in a new trail — but there are some specific dangers of which to be cognizant. Being “doored” by a motorist is perhaps the most common one.

Let’s take a closer look at how these accidents occur — and the best things you can do to avoid them.

The Danger of Being Doored

Some motorists are oblivious to cyclists and may lack general situational awareness. These attributes are dangerous even when a car or truck is in park. If a driver opens the door without first checking for oncoming cyclists, a devastating collision between a cyclist and a heavy metal door may occur.

The physics of such crashes lend themselves to serious injuries. A cyclist may be traveling 15 or 20 miles per hour, see a door open directly in front of their path, and have no time to react. In such cases, the cyclist may be thrown from her bike over the door, violently landing in the street.

Alternatively, a cyclist may strike the door and not flip, but still suffer serious injury given the blunt force of impact. In either scenario, a cyclist may also find himself lying injured in a busy street, at further risk of being struck by passing vehicles.

Even if a cyclist is able to react quickly enough to avoid the door, swerving into traffic may cause even greater harm.

How Frequent Are Door-ing Accidents?

According to the League of American Bicyclists, door-ings comprise almost 20% of all serious cycling accidents.

To help address this problem, many jurisdictions have passed laws requiring motorists to look for cyclists before entering and exiting vehicles.

Additionally, safe cycling advocates have suggested a range of mitigations, including cars that have sensor-equipped alert systems that identify when a cyclist is near. Even more simply, these organizations also suggest that motorists use the hand that is further away from the door when opening it. This motion causes the neck to turn — and drivers or passengers to look in the direction of oncoming cyclists.

How Can a Lawyer Help?

Being doored can cause serious trauma to almost any part of the body. However, assuming cyclists were following all the normal safety rules, it’s possible to sue for damages under California law.

California Vehicle Code 22517 states:

No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

Working with an experienced attorney who specializes in bicycle accident litigation can help ensure that you receive fair compensation for your injuries.

Gary Brustin, California Bicycle Accident Attorney

California-based cycling accident Attorney Gary Brustin frequently lectures to cycling groups on bicycle safety. He also publishes bike-safety awareness articles in highly respected publications such as the New York Times, the Los Angeles Times and the San Francisco Weekly. Mr. Brustin is a life-long active cyclist and he devotes his entire law practice to bike injury cases. He has personally handled more than 1,000 bicycle accident cases and has consulted on more than 5,000 others.

Complimentary Consultation with Mr. Gary Brustin, California Bicycle Accident Attorney

Mr. Brustin offers a free consultation to those who have been injured in a cycling accident. The consultation will help you understand more about the legal system as it relates to your case. You may discuss issues such as:

• The case details
• Bike laws
• Case and legal procedure
• Whether to settle out-of-court or go to trial
• How the accident has affected your present and future earning potential
• Whether your bike is insured

You may schedule the free phone consultation with Mr. Brustin by calling the office number: 310.863.6791.

The Law Offices of Gary C. Brustin, APC

Give Mr. Brustin a call today at 800.841.2453.

He can also be reached by email at info@bicyclelawyer.com

Mr. Brustin’s main offices are located in:

• San Jose
• Santa Monica
• Irvine
• Palm Springs

Dog versus Bike

Some dogs are attracted to moving bikes, shiny spokes, spinning wheels, tires and chains. The question is this: If a dog runs after you while you are riding your bike, what is the best way to handle it?

Advice to Cyclists

Don’t try to out run the dog. The best thing to do is to come to a stop. Diving into rock solid asphalt at high speed is extremely dangerous. It’s always better to get off your bike and avoid the fall. Of course you don’t want to harm the dog with defensive objects like pepper spray, but you also want to protect yourself. In a perfect world, the dog’s owner will show up and take the dog away. If the owner does not show up and you feel that you are in danger, you may want to place your bike between you and the dog. If the dog calms down and retreats, walk your bike slowly away. Carefully ride away once the dog is out of sight.

A dog owner is responsible for his dog’s conduct. There is no way to know how a dog will react to this situation. If you were attacked by a dog while riding on a public street, or if you were injured as a result of the dog’s behavior, the owner is responsible for the dog’s actions. Always report the incident to the police or the animal control department.

California Cycling Attorney Gary Brustin

If you were injured by a dog in a bicycle accident, hire an attorney who has an extremely successful track record in this area of personal injury law. Gary Brustin, who is licensed to practice law in the state of California, has personally handled more than 1,000 cycling accident cases.

Mr. Brustin has combined his two great passions, cycling and law, by devoting his entire practice to cycling cases. In addition to representing injured cyclists, Mr. Brustin regularly contributes his own time and resources by lecturing on bicycle safety and cycling law. Mr. Brustin is also a well-published author and his articles have appeared in prestigious publications, including:

• New York Times
• Los Angeles Times
• Bicycling Magazine
• Sacramento Bee
• Travel and Leisure
• Many others

Complimentary Consultation with California Bicycle Accident Attorney Gary Brustin

Despite the fact that an estimated 80% of all bike accidents can be avoided, approximately 100 bicycle deaths are reported annually in California. When a bicycle accident occurs, make sure your rights are protected and you receive adequate compensation for your injuries including medical costs, loss of earnings, loss of earning potential and other damages including your bike. It is important to consult with a lawyer who is thoroughly familiar with the laws that govern your case which include bicycle law, tort law, civil procedure and evidence.

Gary Brustin offers a complimentary phone consultation to any cyclist who was involved in a bike accident. You can expect to gain clarity and information during this phone consultation that will help you proceed in your case. Topics may cover:

• Details of the case from the attorney’s viewpoint
• The bike laws that apply to your case
• Court and out-of-court procedure
• Possible compensation amounts of your case
• Your rights in the case
• Whether to take the case to trial or settle out-of-court

Call The Law Office of Gary Brustin, Cycling Attorney, at 800.841.2453. There is no obligation for the phone consultation.

The Law Offices of Gary C. Brustin, APC

Give Mr. Brustin a call today at 800.841.2453. He can also be reached by email at info@bicyclelawyer.com

Mr. Brustin’s main offices are located in:

• San Jose
• Santa Monica
• Irvine
• Palm Springs

Side-Swipe

A side-swipe is another extremely dangerous cycling situation. It is a clear violation of California’s 3 foot passing law. In a common side-swipe scenario, a vehicle is pulling an over-sized trailer or has unusually large rear-view mirrors mounted on the doors. In either case, the width of the vehicle is dangerously extended. This increases the chances of hitting a bicyclist who is lawfully riding along the right side of the road. This situation usually results in severe injuries or death.

Advice to Cyclist – Avoiding a Side-Swipe

Be aware that the mirrors of these vehicles typically extend considerably outward and that the loads or trailers may be significantly wider than the vehicle itself. It is essential to give yourself as much extra room as possible when these vehicles are passing. Make constant use of your rear-view mirror and be aware of how much space you have. As usual, cycle defensively and try to avoid expressways where vehicles can hit you at excessive speeds.  Despite all precautions, when a side-swipe occurs, there is often little or no time at all to react.

Gary Brustin, California Bicycle Attorney

If you were injured by a side-swiping vehicle or other bicycle accident, you are advised to obtain a consultation from a highly experienced and qualified California bicycle accident attorney as soon as possible. Gary Brustin is a life-long cyclist and bicycle safety advocate as well as a dedicated personal injury attorney. His passion for cycling and law result in a legal practice dedicated solely to bicycle accident victims.

Complimentary Consultation with San Jose Attorney Gary Brustin

Mr. Brustin offers a complimentary phone consultation to anyone who has been injured in a bicycle accident. This confidential consultation gives the injured bicycle accident victim the opportunity to ask questions and to obtain a better grasp of the legal procedures that are involved in a bicycle accident personal injury case. Clients often ask questions of this nature:

• How much will it cost to pursue the case?
• What are my responsibilities?
• Will my medical expenses be paid by the driver of the vehicle that struck me?
• How much will I be able to recover for my injuries?
• Will my bike be replaced?
• What if long term physical therapy is needed?
• How long will it take to receive compensation?

In your complimentary consultation, you will be treated with compassion and respect. Mr. Brustin has been involved in three cycling accidents of his own and he knows what it is like to experience injuries. In fact, Mr. Brustin frequently speaks to bike clubs, groups and organizations on safety issues and other biking matters. He is a concerned cyclist and safety advocate.

The Law Offices of Gary C. Brustin, APC

Give Mr. Brustin a call today at 800.841.2453. He can also be reached by email at info@bicyclelawyer.com

Mr. Brustin’s main offices are located in:

• San Jose
• Santa Monica
• Irvine
• Palm Springs

Right Turn in Front of Bicyclist

A “right hook” occurs when a motor vehicle travels parallel to the cyclist, accelerates, passes, and then suddenly makes an unexpected right turn without signaling. The rider is helplessly cut off. This situation is extremely dangerous and can result in serious injuries or death.

Cyclist Advice – Avoiding a Right Hook

If you are passed on your left side by a car at an intersection or cross road, the first thing to be aware of is the possibility that the car may indeed cut you off by making a right hand turn in front of you. In this right hand turn scenario, make it a habit to observe the direction of the car’s front right wheel to see if it is turning toward the right. If the car’s wheel does indeed turn to the right, your advanced anticipation and active awareness may give you more time to react quickly and get out of harm’s way. Little can be done, unfortunately, if an accelerating motor vehicle is moving too quickly in your direction.

• Always wear your helmet.
• Wear highly visible cycling gear
• Use your head and tail lights at night

Gary Brustin, California Bicycle Accident Attorney

Unfortunately, bike accidents occur all too frequently in California. If you or a relative were injured in a bike accident, you want to make sure that you are represented by an experienced and knowledgeable California bicycle accident attorney.

Gary Brustin is a California bicycle accident lawyer and an avid bicycle rider. In fact, Mr. Brustin devotes his entire law practice to cyclists who were injured in bike accidents. Mr. Brustin is intimately familiar with California’s bicycle and traffic laws and he has personally handled more than 1,000 bicycle accident cases. He has also consulted on more than 5,000 additional bicycle cases.

Complimentary Consultation with California Bicycle Accident Attorney

If you were hurt in a bicycle accident, you will undoubtedly have many questions about your case. Mr. Brustin offers a complimentary phone consultation with any bicyclist who was involved in a bike accident. During this personal, confidential conversation with Mr. Brustin, you will be able to ask questions which may include:

• Your rights as a cyclist
• Whether you may be entitled to compensation for your injuries
• Possible ways the case may proceed
• Possible time frame of the case
• Whether to settle out of court or take the case to trial
• What to expect during the process

Of course, each case is different and the consultation offers the opportunity to get an overview of where you stand and how to proceed. The toll free number is answered 24 hours a day, 7 days a week.

The Law Offices of Gary C. Brustin, APC

Give Mr. Brustin a call today at 800.841.2453. He can also be reached by email at info@bicyclelawyer.com

Mr. Brustin’s main offices are located in:

• San Jose
• Santa Monica
• Irvine
• Palm Springs

Left Turn in Front of Bike

One of the most frequently occurring bicycle accidents is known as the “left turner.” In this scenario, the cyclist and the motor vehicle operator are approaching an intersection from opposite directions. The driver of the car suddenly makes a left-hand turn in front of the cyclist.

Advice to Cyclists

Despite the fact that the cyclist had the right of way and was riding with care, the cyclist, unfortunately, was at risk the moment the auto turned. The driver never would have turned if he saw the cyclist. In fact, this is the number one excuse we hear from motorists:  “I never saw the cyclist.” Therefore, a rider should take two precautionary steps.

First, the rider should double check for left turning vehicles when entering an intersection. Second, a cyclist should always wear bright colored jerseys.

Some motorists do not realize that cyclists have the same right to share the road. Despite the fact that the bicyclist was cycling legally and cautiously, there still may be no way to avoid an illegal left turn incident.

This type of accident can result in death or leave the cyclist with serious injuries, including:

• Fractured arms
• Broken legs
• Brain injury
• Spine injury
• Coma
• Severe skin abrasions
• Broken elbows

If you or a relative was struck by an automobile or other moving vehicle while riding your bicycle, you may be entitled to compensation for:

• Injuries
• Medical expenses
• Pain and suffering
• Lost income
• Property damage
• Other losses

Gary Brustin, California Bicycle Accident Attorney

California Attorney Gary Brustin is an avid cyclist who has devoted his entire law practice to cycling cases over the past 20 years. He has personally handled more than 1,000 bicycle accident cases.

Complimentary Bike Lawyer Consultation

If you were involved in a cycling accident, you may call Mr. Brustin at 800.841.2453 for a complimentary phone consultation to discuss your case. There is no cost or obligation for the complimentary phone call. The consultation gives you the opportunity to ask questions of Mr. Brustin and to better understand your case and the options that are available to you.

The Law Offices of Gary C. Brustin, APC

Give Mr. Brustin a call today at 800.841.2453. He can also be reached by email at info@bicyclelawyer.com

Mr. Brustin’s main offices are located in:

• San Jose
• Santa Monica
• Irvine
• Palm Springs

Gap Left Turn

A gap left turn incident occurs when the driver of an on-coming vehicle suddenly makes a turn through an opening in backed-up stopped traffic. At the same time, the cyclist is traveling in the opposite direction next to the curb and passing the backed-up line of cars. The turning vehicle has the duty to yield to the cyclist but usually doesn’t. The car may strike the cyclist or cause the cyclist to crash while trying to avoid the impact. The cyclist has only a slight chance of escaping the collision.

This is an extremely dangerous situation for the cyclist. A collision could result in:

• Fractured ribs
• Fractured extremities
• Internal damage
• Spinal damage
• Brain damage
• Other injuries

Safety Advice to Cyclists

There is little the cyclist can do to avoid a carelessly driven vehicle in motion. The road is shared by cyclists and motorists. The fact that the vehicle is thousands of pounds heavier and motorized puts the cyclist at an immediate disadvantage. Unfortunately, there is no way to defend against a car that drives too fast, recklessly and without regard to the cyclist or the rules of the road. The best a cyclist can do in this situation is to reduce speed when approaching a gap in traffic and be ready to stop at a moment’s notice.

Gary Brustin, California Bicycle Accident Attorney

Mr. Brustin is devoted to helping bike accident victims recover the compensation they deserve under the law. Automobile insurance policies generally cover accidents of this nature, providing monetary compensation for medical bills, pain and suffering, present and future loss of earnings and other losses. Mr. Brustin is an avid cyclist and bike safety advocate. He is intimately familiar with the California laws and procedures that govern bike accidents.

Depending on the specifics of the case, damages may possibly be recovered from several parties, including, but not limited to:

• Vehicle owners
• Drivers of cars, buses, motorcycles, trucks or other vehicles
• City, County or State that oversees the maintenance of the street or roadway
• Property owners may be liable for damages if their private property was improperly maintained

Complimentary Consultation with California Bicycle Attorney Gary Brustin

If you were injured in a cycling accident, it is essential to obtain a consultation from an experienced and knowledgeable bicycle accident attorney. Mr. Brustin has personally handled over 1,000 bike accident cases.

Mr. Brustin is prepared to help you obtain the best results possible. You may call our office at 800.841.2453 to schedule your complimentary and confidential legal consultation. You will speak directly with Mr. Brustin. You will not passed along to a paralegal or secretary. You will have the opportunity to discuss your case and ask questions to help you better understand:

• Your position in the case
• How much you may be entitled to recover
• Case and court procedures
• Possible suggestions whether to pursue the case in court or settle out of court

The Law Offices of Gary C. Brustin, APC

Give Mr. Brustin a call today at 800.841.2453. He can also be reached by email at info@bicyclelawyer.com

Mr. Brustin’s main offices are located in:

• San Jose
• Santa Monica
• Irvine
• Palm Springs