Bicycle Crash

Brien Roche

In Chicago, IL Amy Verdin was riding her bicycle to work.  She was on a paved road.  Sebastian Magiera was in a parked car on the same street.  He opened his driver’s side door as Verdin passed by.  As a result Verdin was thrown from her bicycle, suffering injuries to her two front teeth and pelvic floor.  Also she required significant physical therapy and pelvic floor injections.  In addition her medical bills totaled $83,000.

Verdin sued Magiera, alleging improper opening of his car door.  Most jurisdictions prohibit the opening of a car door into a lane of traffic unless such is done with caution after proper lookout.  However in this case Magiera did not exercise any lookout.  A jury in Chicago awarded a total of $1.4 Million to Verdin.  She was found to be 46% at fault, and as such her verdict amount was reduced by that percentage.  

Bicycle crash 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.  Further any lawyer handling these types of cases needs to know both areas of the law.  For a free consult, call us or contact us.

What to do if you have a bike crash:

• 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 Victims in DC Have Greater Protection

The City Council for D.C. has passed a law to promote safety for people on foot, people on bikes and other persons using non-motor means of movement.  The law comes in the form of changing the common law concept that the claim of an injured party is barred if there is fault on the part of that person.  With the new law, if the injured person’s fault is a cause of their injury and their fault is less than 50% then their claim is not barred.  In other words, fault on the part of the injured person is no longer a bar to their claim.  Moreover this leaves intact the existing law that in all other realms fault on the part of the injured person is a bar to their claim.

However it is not clear if this new law applies to cases pending when the law was passed or only to cases arising after this law was passed.

In D.C. the law relating to bike accidents can be hard to put together.  Bikers in D.C. are allowed to ride on the roadway, bike lanes and in some cases, sidewalks.  In contrast they cannot ride on sidewalks in the central district.

In D.C. bikes are treated like cars.  Bikers have to follow the same laws as cars and trucks therefore a bike rider must stop at a stop sign and must stop at a red light.  In addition he must yield at a yield sign.  There are some special rules dealing with bikes and bike lanes.

All of these things must be known if you’re handling D.C. bike cases.

Bicycle Crash 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.

Bicycle Crash Factors

In looking at bicycle accident cases, there are a number of factors:

• There are certain biases that exist against bikers.  They are seen by many as risk takers and rule breakers and therefore should not have equal rights.
• Some states have passed heavy user laws.  That is, the heavier vehicle is required to yield.  Even if that is not the law in your state, that theory may be of value.
• If the client has taken any safety courses, that must be known.  Any papers proving such should be gathered.
• Has the driver taken any special training dealing with bikes and how to be on the lookout for them?

All of these factors must be looked at in terms of bicycle accident cases.

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

Contact An Experienced Bicycle 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. Also you should not accept any checks from the insurance company unless you are prepared to reach a settlement with them. Also it is not advisable to do that until you know the full extent of your injury.
In addition for more information on bicycle accidents see the pages on Wikipedia.