Bicycle Crash Cases

Brien Roche

On October 9, 2020 a bicyclist was seriously injured in Montgomery County, MD.  The collision occurred in Gaithersburg.  The individual involved is 36 year-old Jose Lopez Hernandez.  He was hospitalized with serious injuries at around 9:45 p.m.  He was at the intersection of Snouffer School Road and Sweet Autumn Drive.  Mr. Hernandez was apparently not wearing a helmet and his clothing did not have any reflective material on it.  The collision was with a 2000 Toyota Celica, also driven by a Gaithersburg man.  That vehicle was headed west on Snouffer School Road.

Bicycle accident suits frequently involve severe injuries.  The local laws that apply to the use of bikes are not the same as what apply to cars.  Although some of the laws may be the same, some are not.  Any lawyer handling these types of cases needs to know both areas of the law.  For a free consult, call us or contact us.

Bicycle Crash Cases-What to do:

• Secure the damaged bike.
• Do not try to repair it.
• Take photos of it from all angles. Emphasis should be on the gear ratio setting as the gear setting may tell you the speed range of the bike. Likewise marks on the tires or rims may offer clues as to the impact.
• Check for any GPS or electronic devices on the bike as this may have a host of data.
• Check the scene for private and public cameras
• Take photos of the scene promptly.  Otherwise it may change.  These photos may be key to your case.
• Gather all the papers relating to your buying of the bike.  There may be a basis for a product defect claim.
• Gather all the papers as to any service of the bike.  There may be a claim against the shop that serviced the bike.
• Preserve the clothing you are wearing.
• Prepare a statement to your lawyer giving all of the details of the crash.  If meant for your lawyer, then no one else can see it.
• Record whether the area is a heavy bike usage area.

In 2009 630 bike riders were killed and 51,000 were injured in bicycle accidents involving motor vehicles according to the National Highway Traffic Safety Administration.  In the year 2011 the same U.S. agency reported there were 677 deaths and 48,000 injuries involving bikers and cars. Call, or contact us for a free consult.

Bicycle Crash Cases – Equipment

Bicycle accident cases sometimes rise or fall based on the type of bike in use.  Fixed-gear bikes are single speed bikes that do not have hand brakes.  If speed or ability to stop is an issue then the features of this bike must be known.  In addition helmet laws must be looked at.  Helmets may be required as to children and may also be required as to adults.

In addition common safety features on bikes include reflectors, tires that can resist puncture and also rear and front lights.

All of these must be looked at.

Bicycle Crash Cases-Prevention

A driver opening a door in the path of a bike rider is a biker’s worst nightmare.  The driver is at fault in this instance.  That however is little solace to the biker who has run into the door.  Both drivers and bikers need to be aware of this.

Bicycle accident prevention is a big issue.  The Washington Post on September 16, 2012 noted that in the last 80 years there had been 44,000 bike deaths across the nation and between 2006 and 2010 there were 29 bike riders killed in the D.C. region.

In addition there are a number of things drivers and bikers should adhere to:

• Helmets are for the bike rider’s safety.  If you value your brain, you should wear one.
• Drivers should always be aware of bikers to their right.  For instance when turning right.
• Drivers should not expect a bike rider to hear a car horn.  The biker is out in the open air and therefore exposed to much more sound than is the driver.
• In addition bike riders should not be listening to music or the radio while riding.
• Bikers should stay away from the curb as there may be trash, pot holes or grates in that area.
• Bikers must make sure that drivers see them.  Wearing gear that reflects or flashes is a good idea.
• Bikers should signal their turns well in advance.  The more notice you give, the safer you are.
• In some locales it is not legal to ride a bike on the sidewalk.
• In some states bikes have equal rights and equal duties .

Call, or contact us for a free consultation.

Contributory Negligence

In some states, fault may still be a bar to a biker rider’s claim.  Helmet laws may apply.  As a result failure to comply may be a bar to your claim.

Some states require drivers of autos to pass bike riders at a certain distance of the left of the biker.  The car is not to return to the right side until clear of the biker.  In addition in some cases this clearance may be as much as 30 feet in front of the bike.  The speed of the biker may also be a bar to her claim.  Sometimes people on foot give estimates as to bike speed.  It is tough to maintain a speed of over 15 to 20 mph even on flat ground.  Statements of speed in excess of that may not be worthy of belief.

Bicycle Crash Cases-Assumption of Risk

Another defense to bike claims is that the biker assumed the risk.  If the risk is known then that defense may apply.  A bike rider riding to the right of a right-turning vehicle may be guilty of this.  Riding at night may raise a defense of assumed risk.

Between the years 2000 and 2012 the number of people riding to work has increased.  The increase is more than 250%.  The DC area ranks 3rd in this.

See bicycles for a review of Virginia case law on this subject.

Contact An Experienced Bicycle Accident Injury Lawyer

Brien Roche has dealt with claims of all sorts involving bikes, cars, trucks, etc.  We serve all of Northern Virginia, including Fairfax, McLean, Vienna, Burke, Annandale, Falls Church Reston, Centreville, Manassas, Alexandria, Herndon, Arlington, and Loudoun County. Call, or contact us for a free consultation. At Brien Roche Law, we put your interest ahead of the insurance company. You should not sign any Releases relating to your personal injury claim without having them reviewed by counsel. Most importantly, you should not accept any checks from the insurance company unless you are prepared to reach a settlement with them. Typically, it is not advisable to do that until you know the full extent of your injury.
For more information on bicycle accidents see the pages on Wikipedia and the pages on this site dealing with bicycles