02

Blog

7 Things You Should Know About a Cycling Lawyer – by Fred Sexton

by AG: After a coffee one morning and a great talk about cycling advocacy, my friend and fellow cyclist Fred Sexton asked me to post this.  Thanks Fred!

As a cyclist, you are part of a greater community of (greater J )people who have a similar set of interests and values. You should know that as a member of that community you have rights and resources that are meant to help and protect you while you are riding. In the case of an accident here are some things you should know about cycling and the law, and the attorneys who relentlessly work to protect cyclists.

1. First and foremost, cycling attorneys are advocates for all cyclists. That means: commuters, racers, beginners, and advanced riders. If you ride a bicycle for any reason, for pleasure, for transportation, for sport, you should know these attorneys are looking out for your best interests.

 2. Cycling Lawyers will always recommend getting more UM/UIM (Uninsured/Underinsured Motorist Insurance). Every cyclist should increase his or her UM/UIM coverage so if an uninsured or underinsured motorist hits you on your bike you are covered. (talk to your cycling attorney about the laws that apply in each state!)

3. Cycling Lawyers are here to protect you on the road. By going after the texting teenagers or the speeding sports car driver who hits you, you are sending a message to other drivers and also insurance companies. You are saying we aren’t going to take it anymore! Drivers and cyclists need to be mindful, drive carefully, and share the road. We both pay for it with tax dollars and we both need to obey the rules established on the road.

4. Lawyers that specialize in representing cyclists are probably cyclists too—and probably really nice! They understand the joys of cycling and the dangers as well. If you ride a lot, it is probably not a bad idea to get to know one. You may even be lucky and find one to ride with!

5. Did you know you may have rights against a homeowner whose dog bites you or knocks you off your bike? I’m not suggesting you ride around with kibbles and bits in your jersey, (certainly avoid attracting attention of our four-legged friends when cycling if possible), but I’ve heard of a number of people getting bit or crashing to avoid getting bit (then, all-too-often getting bit) without any recourse to the dog’s homeowner. You do have rights!

6. You should know that NC is one of only 4 states that follows the principle of contributory negligence. Meaning, if you are even just 1% at fault in an accident, (yeah, I know) then the driver’s insurance will try to avoid responsibility for your damages. But even if you think this could be your situation, if you are in NC (or any State) and get hit by a motorist, talk with a cycling attorney to see what your options might be.

7. Writing down license plate numbers for drive-by swooshes can be helpful in ID-ing aggressive drivers, (always carry at least a marker with you while cycling). As a community of cyclists if we are able to better police the streets if someone does plow you over when you are on your bike. If this driver has been reported before for erratic driving around cyclist; it makes the case much easier for you and your cyclist attorney. (There is a guy that rides around Charlotte with a video camera mounted on his bike at all times for this reason. Someone is in jail due to his video evidence. Without it, the defendant most likely would have gotten away.) If you are interested in installing a bike camera I recommend you look at getting a cycling camera mount to use with your existing video camera (like a flip) or get a whole new cycling camera system.  You can report aggressive drivers at: http://www.charmeck.org/city/charlotte/Transportation/CDOTrequests/Pages/BicyclistReportonAggressiveDrivers.aspx

Cycling attorneys can be an enormous benefit to you as a rider and you should be aware that you have that resource at your disposal should you need it. Not only are these great lawyers required when an accident happens, they continue to advocate for cyclists and their rights when it comes to the road.

Comments

bicycle accident, bike crash, bicycle accident attorney, bicycle accident lawyer, Colorado bicycle accident, Colorado bicycle accident lawyer, Gunnison bicycle accident, Gunnison bicycle accident lawyer, Brian Weiss
Feb 12, 2016

Handling Bike Accidents Across Colorado Colorado bicycle accident lawyer Brian Weiss has represented dozens of injured cyclists. An avid bicyclist, Brian brings two decades of legal experience to the Bike Law network. Brian represents cyclists in Denver, Boulder, Colorado Springs, Aspen, and across the state. He is representing the family of a Gunnison cyclist who was killed […]

Read More
Fit Bit
Feb 10, 2016

The scary truth is that the personal data being recorded by our fitness tracking devices and apps – such as Fitbit or Strava – could wind up as evidence in a bike accident court case. How that data is used will depend greatly on the circumstances. The good news for bicycle riders: the information that […]

Read More
Michigan bicycle accident, Michigan bicycle accident lawyer, Detroit bicycle accident, Detroit bicycle accident lawyer, Michigan Bike Law Attorney, dash cam video, impeding traffic
Feb 04, 2016

When a Michigan bicyclist got a ticket in 2015 for impeding traffic, he could have simply paid a $200 fine. But he believed the trooper who pulled him over was wrong about the law and hostile to bicyclists’ rights to use Michigan roads. So, he decided to fight. It took two trips to the courthouse, […]

Read More
bicycle accident, bike crash, bicycle accident attorney, bicycle accident lawyer, Colorado bicycle accident, Colorado bicycle accident lawyer, Gunnison bicycle accident, Gunnison bicycle accident lawyer, Brian Weiss
Feb 03, 2016

Friday, June 19, 2015, was a beautiful summer day in Gunnison, Colorado. Dale Thomas, a popular 40-year resident and local artist, decided to head out for a bike ride. He was wearing a helmet and his favorite bike jersey, the one that his wife, Ellen Petrick, had given him for Christmas. It would be the […]

Read More
bicycle accident statistics, bike crash, bicycle accident attorney, bicycle accident lawyer, Tennessee bicycle accident, Tennessee bicycle accident lawyer, Memphis bicycle accident, Memphis bicycle accident lawyer, Amy Benner
Feb 02, 2016

Bike Law recently caught up with Memphis bicycle advocates Kyle Wagenschutz and Tulio Bertorini to discuss biking in their city. Both Kyle and Tulio have made national news for their efforts on behalf of cyclists in Memphis. We came away inspired by the great things they are doing. Tulio and the Memphis Hightailers First, we […]

Read More
bicycle accident statistics, bike crash, bicycle accident attorney, bicycle accident lawyer, Tennessee bicycle accident, Tennessee bicycle accident lawyer, Memphis bicycle accident, Memphis bicycle accident lawyer, Amy Benner
Feb 02, 2016

New bike facilities in Memphis – currently at more than 200 miles of bicycle lanes, bike paths, cycletracks and shared lane markings – are making the streets safer for bikers, says Kyle Wagenschutz, the city’s Bicycle / Pedestrian Program Manager. “We have found that 93 percent of bike crashes in Memphis are occurring on streets where […]

Read More
bicycle accident, bike crash, bicycle accident attorney, bicycle accident lawyer, Idaho bicycle accident, Idaho bicycle accident lawyer, Boise bicycle accident, Boise bicycle accident lawyer, Kurt Holzer, sinkhole, Idaho Stop Law
Jan 27, 2016

I’ve been representing cyclists in Idaho bike accidents for nearly 25 years. Many people are aware of our state statute that is referred to by many as the Idaho Stop Law.  My experience, both on my bike and at my desk, has shown it’s a good law that has worked well. In fact, the law […]

Read More
bicycle accident, bike crash, bicycle accident attorney, bicycle accident lawyer, Illinois bicycle accident, Illinois bicycle accident lawyer, Chicago bicycle accident, chicago bicycle accident lawyer, Brendan Kevenides, sinkhole, bike lane
Jan 26, 2016

Illinois Bike Law attorney Brendan Kevenides made the news last week in his legal fight to block Chicago from calling its bike lanes “recreational property.” Brendan is representing a 35-year-old cyclist who was seriously injured in 2014 when she hit a sinkhole in a bike lane on North Damien Street. The cyclist’s injuries included facial […]

Read More
bicycle accident, bike crash, bicycle accident attorney, bicycle accident lawyer, New York bicycle accident, New York bicycle accident lawyer, Elmira bicycle accident, Elmira bicycle accident lawyer, Jim Reed
Jan 26, 2016

New York Bike Law attorney Jim Reed was recently elected president of the New York Bicycling Coalition, a statewide bike advocacy group. But in a recent interview, the first state Jim mentioned was Maine. The reason? “The Bicycle Coalition of Maine has 5,000 members, and NYBC only has 700 members, even though we are a […]

Read More
Jan 20, 2016

The parents of 23-year-old Canadian bicyclist Iain Gerrard heard the words no parents ever want to hear: “Your son is dead.” On July 14, 2014, the Gerrards learned their son had been killed in Mississippi on a bike tour of the Deep South. Iain’s parents were devastated by the news. Their grief quickly turned to anger […]

Read More
Jan 18, 2016

In a hearing last week in the Circuit Court of Cook County the City of Chicago sought to have all of the bicycle lanes installed throughout the City declared “recreational facilities.”  The effect of this creative legal maneuver would have been to immunize the municipality for injuries to bicyclists caused by the City’s failure to […]

Read More
Jan 15, 2016

Lawyer Patrick Brown, a member of the Bike Law network in Canada, is lobbying for “vulnerable road user” laws in his region, much like the laws adopted by some U.S. states to protect bicyclists and pedestrians. Brown was recently interviewed by thestar.com about the need for stiffer penalties for motorists who kill other road users, […]

Read More
Load More