bikelaw bike lawyers & bike accident attorneys


A LEGAL RESOURCE FOR CYCLISTS

Quotes from bikelaw's bike lawyers With more work and advocacy, we can make the Carolinas a better place to live and ride.

THE BIKELAW TEAM
Peter Wilborn, founder and attorney for South Carolina and Maryland
Ann Groninger, attorney for North Carolina
Jonathan S. Altman, attorney for South Carolina
S. Beaux Jones, attorney for Louisiana
Jana Morris, paralegal / advocacy director
Kristi L. Millican,
office manager/paralegal

SIX LESSONS WE'VE LEARNED FROM BIKING CASES

Notes from two lawyer-cyclists.

Compiled by Peter Wilborn and Ann Groninger.

1. Cyclists make terrible victims.
Think about it: we deal with adversity in the saddle on every ride. Headwinds, nagging aches, and blistering heat are all part of our beloved sport. Complaining is not. [ more ]

Our traits - self-sufficiency, stoicism, and strength - may make us great riders, but also make us bad accident victims. bikelaw has represented many cyclists who have ridden away from falls, only later to discover they have major injuries. We have had to cajole my clients to see doctors; invariably, our clients understate their injuries, refusing to admit that they are in pain. One client lived with debilitating pain for months, unwilling to accept any weakness in body or spirit. The first advice we give our clients is to recognize that an accident is a traumatic event. Don't be ashamed or embarrassed. Accept it.

2. Do not take no for an answer.
Countless times we have heard about police officers that simply don't know how to handle bike accidents. [ more ]

We were once retained by a cyclist who was hit by a car on his commute to work. While waiting for the police to arrive, the motorist admitted that she had failed to look before pulling out and that she was responsible. The officer incorrectly informed the motorist that she was not at fault and refused to write an accident report. Consequently, the motorist refused responsibility. It is not your fault if the police officer and motorist don't know the laws! If you are in a bike accident, you can do something about it, even if the police officer is ignorant of your rights. The accident report, the police's determination of fault, and the findings of the traffic court, while all potentially helpful to your case, are not what determines your rights.

3. Don't negotiate with the driver or the insurance company.
It may be tempting at the time, but since you may not know the extent of your injuries or even the damage to your bike, do not negotiate with the driver. [ more ]

Likewise, soon after an accident, you may get a call from the motorist's insurance company. Their goal is to get you to settle and compromise your claim as soon as possible, usually before you are armed with adequate knowledge. It is only rarely appropriate for an accident victim to negotiate directly with an insurance company. This advice is particularly directed at cyclists. While stoicism may be a personal virtue, it will not serve you well in negotiating your own case.

4. Get connected.
When you are in an accident, communicate with the cycling community, your local club, bikelaw.com, and other advocates. [ more ]

You are not alone, as many of us have dealt with accidents before. It is important to get the advice and support of the cycling community.

5. No accident is too small to do something about.
Many times, cyclists are reluctant to contact bikelaw because they believe their accident is not important enough. [ more ]

For the cycling community to advance our rights, we believe it is important to protect those rights whenever they are infringed. If we wait only until the most serious cases, we miss opportunities to stand up for our rights, to educate the general community, and maybe even to prevent future accidents from occurring.

6. Sixth, it probably was not your fault.
Our cycling laws (which are getting better and better) put the obligation on the driver to exercise due care to avoid a cyclist, regardless of what the cyclist is doing. [ more ]

Recently an experienced cyclist failed to call the police after an accident (in which he broke a bone) because he assumed it was his fault. On hindsight and after reviewing his legal rights, it turned out that the driver was probably the one at fault, not him. But since he did not call the police or get the name or license tag number of the driver, he was unable to do anything about it. He later said that he had been too embarrassed to call the police. In reality, he probably was in shock from the trauma of the accident and was not thinking clearly.

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see. be seen

  • 1.

    Always ride in the direction of traffic.

  • 2.

    Stop at stop signs and obey traffic signals.

  • 3.

    Be aware of vehicular blind spots at intersections.

  • 4.

    Sidewalk riding is often against local law and is unsafe.
 

six lessons