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Bicyle Accidents

It is amazing how motorists will not see a cyclist or even be openly hostile and aggressive towards a cyclist. I represented Terry, a bike messager in Washington, D.C. A large delivery van couldn't pass Terry due to the traffic. The driver was annoyed and began harrassing Terry. He would get up close onto his back tire and rev-up his engine and lay on his horn. However, the driver miscalculated his distance and slammed into my client with his large side mirror. My client was thrown against a fire hydrant and had serious injuries. The delivery driver did not intend to hurt my client - but he certainly intended to scare and harrass him. This behavior is negligent at the least and really tantamount to a criminal assault. The delivery driver lied to his insurance company and indicated in a recorded statement that Terry swerved out in front of him. However, there were plenty of witnesses for Terry because the driver had harrassed Terry for over three city block in heavy traffic
As a bicyclist one should follow the same rules of the road as a motor vehicle. Never try to rush a traffic light because there is always someone willing to jump a light. Wear your helmet and practice defensive bicycle riding-assume the car does not see you. We all know that a bicyclist will always lose against a car or truck but we need to remember this at all times-even if we are running late to work.

Tips to remember after a bicycle accident:

  • Do not fix, repair or dispose of your damaged bicycle without talking to an attorney.  Your lawyer may need your bike to help prove your case!  She may want to photograph the damage to your bicycle or ask an expert to examine the bicycle before it is repaired or thrown away.  In fact, she will probably want you to keep the bike while your case is pending, which leads to the next tip.

  • Keep your damaged bicycle in a safe and dry place. Ordinarily, it is best to keep your bike inside or under cover so it won't sustain further damage which is not accident related. Subsequent damage or repair to a bike can confuse the damage evidence and make your case more difficult.

  • Keep your damaged bicycle secure.  If possible, limit access to your bike.  Better yet, keep it under lock and key.  The defense may contend someone besides you has had access to the bicycle and has altered or further damaged it in some way.

You may not know yet whether you have an actionable claim or a case you are likely to win.  Mary can review the facts of your case and evaluate them.  Call her now for a free consultation. 301-270-0327

 

İMary Buonanno, Copyright 2011. All Rights Reserved