Bicycle Accidents

WHAT TO KNOW ABOUT BICYCLE ACCIDENTS

With 15,000 bicyclists commuting into downtown Portland, Oregon every day, bicyclists are a prominent force in local politics. With dedicated bike lanes, shared car lanes called “sharrows,” green bike boxes, and more bike routes in development, Portland ranks as the best bike city in the United States. Commuting to work, school, or the grocery store is easy and, as long as everyone obeys the law, safe.

The rules of the road apply to both automobile drivers and bicyclists. Both have a duty to keep a proper lookout, to obey traffic control devices, to signal lane changes, and to yield the right of way to pedestrians in cross walks, to name just a few.

Even insurance coverage for bikes and cars is similar. For example, if you are riding your bike and you are hit by a car, your auto insurance company pays your medical bills under PIP (personal injury protection), regardless of who caused the collision. The reason for this is simple: people need to know their bills will be paid, without having to wait for an insurance settlement, which can take years. By requiring the cyclist’s bills be paid promptly under PIP, the Oregon Legislature has mandated medical coverage for cyclists hit by cars, regardless of fault. The cyclist’s auto insurance company will seek reimbursement from the driver’s insurance company after medical treatment is concluded, if the driver caused the crash.

If the bicyclist doesn’t have auto insurance, but has health insurance, health insurance will pay the medical bills. If the bicyclist has no health insurance, then the driver’s PIP applies, regardless of whether the driver or bicyclist caused the crash. Different provisions in the auto insurance policy are triggered depending on the facts of the accident. A knowledgeable personal injury attorney, Steve Smucker is available to explain how this works.

Normally, cyclists are required by statute to ride as close to the right side of the road as possible, taking into account the “door zone.” Bicyclists may “claim the lane,” i.e., take the whole car lane, however, if they are riding with the speed of car traffic. This is not as unusual as it sounds, especially in downtown Portland where speed limits are 15 to 25 miles per hour. Claiming the lane keeps the overzealous or unsure driver from attempting to pass, and the bicyclist safer. As long as the cyclist moves at the speed of traffic, he or she may claim the whole lane and not be ticketed.

With so many cyclists on the road, the odds of crashing into another cyclist or pedestrian have increased. You should know that if you are in a collision caused by another bicyclist, and that bicyclist has home owner’s insurance, you may be able to recover all the money you are entitled to as compensation for your injuries through the home owner’s policy.

Moreover, a home owner’s insurance policy may cover the homeowner who lets gravel accumulate on the roadway in front of the home, or who blows wet slippery leaves off the sidewalk onto a bike path. Any conduct that increases the foreseeability of injury to a bicyclist may be covered by home owner’s insurance, providing money for economic damages including medical bills and lost wages, and for non-economic damages such as pain and suffering. In addition, you may be entitled to a new bike if yours is ruined in a collision. Having a well-qualified, experienced personal injury lawyer prepare your case is the key to success.

At the scene of the bike-car crash, if you are able, use your cell phone camera to take pictures of everything in sight. Pictures help establish how the crash happened, who’s at fault, and may contain clues that can turn the case in your favor. Witness information is also important because without it, the insurance company can be expected to blame you, the cyclist, for causing your own injuries. Don’t give statements to the driver’s insurance company without talking to a plaintiff’s lawyer first. You could be surprised how those statements are interpreted.

It should surprise no one when insurance companies get involved and money is at stake, the company will fight you with everything it’s got. When the company, from the top down, adopts this fighting mentality, you, the cyclist, will need help fighting back. The insurance company’s normal practice in litigation is to blame the cyclist, smear the cyclist’s character in court, and deny the cyclist was hurt. Insurance companies are profit based, and their stocks rise or fall based on how much money they can hold onto.

Not to help further the insurance company’s profits, but to help everyone who might have to deal with an insurance company, Steve Smucker recommends increasing PIP coverage. It costs surprisingly little and provides much greater protection, whether you are in your car or on your bike.

An experienced personal injury lawyer will know how best to leverage the facts of your case and get the best insurance settlement possible. As a lawyer who has been biking to work for decades, Steve Smucker rides in lanes next to cars and trucks every day. He knows drivers drink, text, talk on cell phones and otherwise get distracted. He knows there are drivers who think roads are for cars, not bikes.

With his experience riding and his knowledge of the law, Steve knows the questions to ask the driver to establish the defendant driver’s responsibility. Insurance companies defending the case will turn the spotlight on the cyclist. Insurance defense lawyers know there are always some jurors who will blame the cyclist, no matter what the facts are. Peremptory challenges only go so far.

Recently in a case where a semi-truck rounded a corner, cut into the bike lane, and side swiped a cyclist, the defense suggested the cyclist was at fault for failing to have a rear view mirror. A rear view mirror is not required by law, and was irrelevant to the facts of the case. This is just one example of how defense lawyers will throw anything they can, red herrings and all, at the bicyclist to make the cyclist look negligent, because the more blame they can put on the bicyclist, the less money the insurance company has to pay out.

Dos and Don’ts Following a Bicycle Accident

• Seek medical care immediately, attend follow-up visits and follow physician’s medications and therapy recommendations.
• Take pictures of the scene, your bike, and your injuries.
• Have the damage to your bike assessed by a bicycle repair shop.
• Call the police.
• Get witness names and phone numbers to corroborate date, time, road conditions, speed of travel, etc.
• Document accident information, save medical bills and other related materials, and keep in a safe place.
• Call your insurance company.
• Call a personal injury attorney specializing in bicycle accidents.
• Refuse to give a statement to other driver’s insurance company.
• Do not sign anything for the other driver’s insurer. If you already have, you may call us to find out how to undo any damage.

Wrongful Death Claims

Wrongful death claims exist for the estates of bicyclists who have been killed in a collision. If you are the personal representative of an estate seeking an attorney to handle a wrongful death claim anywhere in Oregon, call Steve Smucker at 503-224-5077.

Common Types or Causes of Bicycle Accidents

For cyclists, accidents happen in all too familiar ways. The following are some of the most common types of crashes involving injury to a cyclist caused by a driver who failed to keep a proper lookout:

• A motor vehicle driver hurries by a bicycle rider to make a turn, slows, and turns directly in front of the cyclist without signaling, exposing the cyclist to the deadly “right hook.”
• An automobile driver fails to give the bicyclist enough room while passing, and sideswipes the bike rider.
• A driver rapidly exits a private alley or parking lot without looking both ways.
• A driver is distracted—talking on a cell phone, eating, or changing the radio station.
• A property owner allows gravel to accumulate on the roadway in front of his property, creating a dangerous condition for bicyclists who are passing by.

Steve Smucker is happy when cyclists who have hired him know at the end of their case they were represented well by a very good lawyer. Call 503-224-5077 to discuss your case with him.