Call

Blog

Law
02

Blog

Bicycle Crashes are Not “Accidents.”

We've used the word "accident" on our site for years. As of today, that changes.

The crash that sent our webmaster and blogger Mike Dayton to the ICU (still in critical condition) and that injured three others has garnered much attention around the country.  We have reported on his condition, and the weak charges filed against the reckless driver.

Thanks to so many for your kind words and thoughts to Mike.  We have received thousands of messages of support and concern. It is a comfort to be reminded of the power of community.  Cyclists are the best.

The attention prompted an overdue, critical look at our site, the words we actually use, and the message we send.

We have long argued that bicycle crashes are not “accidents.”  North Carolina attorney Ann Groninger (who proudly represents Mike) has made the point on these pages.   Lawyers in our Network have represented injured cyclists in thousands of cases.  We know, first hand, that our clients are rarely injured “accidentally.”  On the contrary, in the overwhelming number of occurrences, a driver made a choice (or failed to make a choice), and that choice caused injuries, often life-changing, sometimes fatal.

Let me / Peter get personal.  My brother, Jim, was killed on his bicycle by an underaged driver running a red light.  It was no accident, because 10 minutes before, the driver’s mother decided to give her unlicensed daughter the keys to drive to school.

Likewise, we know that the crash that has left Mike in such dire condition was no accident.

Same is true in so many of our other cases: read about Matthew Burke, Patrick Wanninkhof, and Dale Thomas, just to name three.

And yet, as was pointed out by a few of you out there, we still clung to the word “accident” on the Bike Law site.  Most noticeably, we titled a box on each page: “Report a Bicycle Accident.”  We appreciate that you guys care enough our mission to point out our inconsistency.

Yes, we used the word “accident” on every page of our site.  We did so on purpose.  We did so in order to be more visible to Google.  In the current state of legal marketing, lots of personal injury lawyers (most with no track record in cycling or cycling advocacy) are flooding the internet, trying to attract injured cyclists.  Because “accident” is by far the most searched relevant term, because “bicycle accident” is what is used by the general public, we used it too.  We want to be visible, and we want to represent injured cyclists, regardless of whether they know or understand the distinction in word usage.

But as of today, we are changing.  It is no longer ‘Report a Bicycle Accident.”  It is “Report a Bicycle Crash.”  And we will be making similar changes across the site in coming days.  We want to be true to you guys, true to our mission, and be a part of changing how bicycle crashes are viewed and understood.

We realize that the distinction does make a difference.

It is worth quibbling over semantics.

A BICYCLE CRASH IS NOT AN ACCIDENT.

PERIOD.

Comments

Charlie Thomas Nov 08, 2024

A gap in Texas law is allowing some drivers who hit people in crosswalks to get off scot-free, despite recently passed legislation meant to address the issue. It’s called the Lisa Torry Smith Act and was passed in 2021. This law requires drivers to “stop and yield” to pedestrians, bicyclists, and anyone else legally using […]

Read More
Bike lawyer rides her bike in Charlotte, NC
Ann Groninger Jun 21, 2024

Bike Law lawyer hassled by a driver for riding in the lane. Why, because she was trying to take a left turn!

Read More
E-BIKE LAWS. ARE THEY LEGAL?
Ann Groninger Apr 04, 2024

Love them or hate them, e-bikes continue to rise in popularity. At the same time, lawmakers struggle to keep up with the developing technologies. Every week I get multiple inquiries from people trying to navigate North Carolina’s e-bike laws. If you’re confused, you’re not alone.  We could easily fill a book with all the latest […]

Read More
Ann Groninger Jan 04, 2024

Many of our cycling clients find themselves having to interact with the criminal justice system. Typically, it’s because the driver who hits them (or their family member) is charged with a crime or traffic offense. Occasionally bicyclists themselves are charged with traffic offenses! Every state’s criminal laws are different, but there is a lot of […]

Read More
Bike Crash Road Defect Georgia
Peter Wilborn Jun 14, 2023

We recently shared the story of a trial victory from the State of Texas where a bicyclist was injured due to a defect in a road maintained by the Texas Department of Transportation. Texas Road Defect   We now can tell the story of another huge win in a road defect case, this time from […]

Read More
Road defect dangerous to cyclists
Charlie Thomas Mar 14, 2023

Recently, attorneys with the Bike Law network took a case to a trial against a titan of a defendant: the Texas Department of Transportation. TxDOT was represented by the Attorney General’s Office, one of Texas’ largest legal teams. We had a great client, but it was a tough case to prove. So tough, in fact, […]

Read More
bike path charlotte
Ann Groninger Jan 13, 2023

  2023 got off to a rough start for Charlotte, North Carolina, particularly in the context of road safety. Within about a week, we lost a young woman who was riding her bicycle, a pedestrian killed in the same area of town, and four people were killed in a car wreck on I-85 in the […]

Read More
North Carolina Bike Crash
Ann Groninger Dec 06, 2022

Unless you’re a very recent follower of ours, you’ve heard us talk before about “contributory negligence.” To recap: “pure contributory negligence” is the law in North Carolina and only 3 other states (Alabama, Virginia, Maryland). In pure contributory negligence states, if a person is injured by someone else’s fault and the injured person contributes even […]

Read More
Is It Illegal to Ride Your Bike on the Sidewalk bikelaw
Peter Wilborn Aug 01, 2022

The laws dictating whether you can ride your bike on the sidewalk differ depending where you live. Different states have different laws on this matter, and local ordinances also vary. Let’s take a look at the legal framework behind various state laws related to cycling on sidewalks. The laws of sidewalk-riding can be very complicated […]

Read More
Load More