California Bicycle Accidents: Why They Are So Common, and How to Best Avoid Them.
As life-long bicycle riders, and as San Francisco bicycle accident attorneys, we have extensive experience with most types of bicycle accidents. Over the next few weeks, I will, in detail, describe the most common types of bicycle versus automobile accidents, how they usually occur, how to best avoid them, and what to do if you do suffer personal injuries in a bicycle crash that has been caused by the negligence of another.
First, bicyclists on public roadways are entitled to absolutely all the same rights as automobile or truck or motorcycle drivers. With these rights, bicyclists also assume all of the same responsibilities, and are subject to the same rules of the road, including all the local and county ordinances, as well as state laws. The first step in avoiding bicycle accidents with car drivers is to learn and obey bicycling rules of the road. It sounds so simple, however the truth is that many cyclists just do not follow the rules of the road. As bicycle accident attorneys, we encounter so many ways that bicyclists contribute to causing accidents with automobile drivers. The next installments will suggest basic “Rules” to survive by. I welcome your feedback.
Cell Phone Bans Don?t Decrease Car Accidents?
Posted by: Claude Wyle
February 01, 2010
Topic: Bicycle Injuries
Let me see if I have this straight: the Highway Loss Data Institute, which sounds like a legitimate institution, but is actually another sham insurance organization posing as an "Institute," looked at accident rates before and after cell phone bans took effect in New York, the District of Columbia, Connecticut and California.
Before I go any further, I should disclose that I have a long-standing problem with this "Institute." Some of you may remember that in 2007 this same "Institute" manipulated accident data in order to push its agenda against "supersports motorcycles" by claiming that those motorcycle accidents "have the highest death rate" and tossed around statistics purportedly demonstrating why sportbikes should either be capped with a horsepower limit or banned altogether. Even more insulting were the quotes they listed from people whose titles sound impressive, such as "senior vice president for research." When I looked at the actual data used in the report, the only "research" done was how to selectively state the data so it would appear to validate the claims of the "Institute."
The 2007 report further stated that riders of supersport motorcycles have a death rate that is "four times higher than the deaths of motorcyclists who ride other types of motorcycles." Anne McCartt (the "senior vice president for research" at the HLDI) states, "[Supersport] bikes made up less than 10 percent of registered motorcycles in 2005 but accounted for over 25 percent of rider deaths." There are more figures thrown around, such as, "Speeding and driver error were bigger factors in fatal crashes of supersport, sport, and unclad sport bikes compared with other classes of fatal motorcycle crashes." The "report" is also filled with opinions intended to influence policymakers, such as, "Motorcyclists presumably buy supersports and sport bikes because they want to go fast, and manufacturers are happy to oblige." This is of course is followed by the now familiar insurance-industry mantra: "Short of banning supersport and sport motorcycles from public roadways, capping the speed of these street-legal racing machines at the factory might be one way to reduce their risk."
So, now that we are all on the same page about this so-called "Institute," let's take a look at their latest "research" project and see what the real agenda is. First, the study found that month-to-month fluctuations in collision accident claims didn't change before and after cell phone bans took effect. Nor did accident patterns change compared with those in nearby states without cell phone bans.
So, according to HLDI, banning hand-held devices isn't reducing crashes, even though such laws have reduced hand-held phone use, and several studies have established that phoning while driving increases crash risk," said Adrian Lund, president of the HLDI. So, we all see where this is going: The "Institute" is preparing for an assault on all cell phone use while driving. How do we know this? First, because we have seen the "Institute," use other studies to promote agendas and second, because there is no other explanation for the irresponsible reporting of this study. At first glance, it would appear that HLDI is not in favor of banning hand-held cell phone use while driving, because such bans have not resulted in a decrease in accidents. But if you read further, it is clear that what they really want is a ban on all cell phone use while driving. Not just handheld devices, not just texting, but all devices.
Hmmm. As a Bay Area auto accident attorney, I am in favor of limiting behavior that causes automobile accidents. I am not, however, in favor of eliminating the freedoms this country has fought so hard to protect. Don't forget, this same "Institute" wanted to eliminate sportsbikes or cap their speed. Now they are poised to promote a ban on cell phone use-handheld or otherwise-while driving. What's next, no eating while driving? No talking to passengers? No listening to music? Surely those behaviors could be distracting and could play some part in increasing the number of traffic accidents. And if HLDI's track record is any indicator, it could use any available study and start a campaign to limit the behavior.
So this is what I'd like you to take away from this discussion: if the insurance industry wants to ban all cell phone use, come out and say it. As the insurance industry, not a trumped up sham of an "Institute," Present us with accurate data and let us make informed decisions. But don't publicize irresponsible "studies" with a hidden agenda that may well do more harm than good.
New Ski Helmet Bill Proposed in California as a Way to Prevent a Fatal Head Injury
Posted by: Claude Wyle
January 18, 2010
Topic: Bicycle Injuries
Last month I wrote about bike helmets for kids and how important they are to bicycle safety. You may recall that studies show 75% of bicycle related deaths are due to head injuries.
Because of the seriousness of a head injury while bicycling, most parents are beginning to insist that their children wear a helmet. What most people still haven't considered is the dangers posed by skiing without a helmet. This is now being addressed by California State Senator Leland Yee (D-San Francisco). Senator Yee has proposed a new ski helmet law for anyone under 18 on the slopes in California. The bill was introduced last Wednesday. As a Bay Area head injury lawyer, I applaud Senator Yee and offer my support on this important bill.
The bill, SB 880, is intended to safeguard children who enjoy popular alpine sports such as skiing and snowboarding. SB 880 would require all children under age 18 to wear helmets while skiing and snowboarding. This bill is modeled after existing law that requires minors to wear helmets while riding a bicycle.
Similar to the numbers in bicycling, half of all skiing deaths are caused by a head injury. Recent studies show that when helmets are used, the incidence of traumatic brain or head injury has been reduced 29 percent to 56 percent. The Federal Consumer Products Safety Commission (CPSC) has found that more than 7,000 head injuries per year on the slopes in the U.S. could be prevented or reduced in severity by the use of a helmet. The CPSC study also showed that "for children under 15 years of age, 53 percent of head injuries (approximately 2,600 of the 4,950 head injuries annually) are addressable by use of a helmet.
There is research pointing to an increase in traumatic brain injury and spinal cord injuries among skiers and snow boarders worldwide, which seem to be related to an increase and acceptance of higher speeds on the slopes and more acrobatic maneuvers. However, parents should know that research shows that even mild concussions and other head injuries can have serious long-term effects.
Many of us still recall British actress Natasha Richardson's death last March because of a head injury suffered during a skiing accident at the Mont Tremblant ski resort in Quebec. Ms. Richardson's death is that the accident occurred while the actress was taking a skiing lesson. Her fall was not very spectacular and occurred at a low speed on a beginner run. While she initially experienced no symptoms from her fall, she later complained of a headache and was taken to a local hospital.
She was not wearing a helmet at the time of the accident.
So, again, I urge parents, even before this bill is passed, have children under 18 wear a helmet while skiing or snowboarding.
Redline Recalls of Dangerous and Defective Bicycles
Posted by: Claude Wyle
January 13, 2010
Topic: Bicycle Injuries
I need to alert you today about a bicycle recall. The bike in question is the 2010 Redline Conquest Pro Bicycles and Framesets. There were about 350 of these bikes sold, and they were distributed by Seattle Bike Supply, of Kent, Washington.
The bikes are hazardous because the bicycle's fork legs can separate from the fork crown and cause the bike rider to lose control, posing a risk of serious injury if the rider falls and there is a bike crash.
This recall involves all units of this popular cyclocross bike, which was sold in pearl white/blue; they have aluminum frames with carbon fiber forks and aluminum steerer tubes.
The company is aware of three bicycle crashes with the forks separating. Fortunately, there were only minor injuries reported in one of the incidents, but you can see that this could potentially lead to a fatal bike accident.
These bikes were sold at bicycle specialty stores nationwide between August 2009 and November 2009 for about $1,900 for the bicycle and about $550 for the frameset.
As a San Francisco Bay Area bike accident attorney, if you or anyone you know has this bike, stop riding it immediately. The integrity of the fork of your bike is crucial to your safety, because so much of your weight is placed on the fork and your face and head are in the most vulnerable position. It bears repreating that head injuries account for more than 60 percent of bicycle-related deaths. So, wear your helmets, but stop riding these bikes immediately.
Consumers should immediately stop using the recalled bicycles and framesets and contact their local Redline bicycle dealer to receive a free inspection and fork replacement OR contact Redline Bicycles at (800) 283-2453 or visit the firm's Web site at www.Redlinebicycles.com
To see this recall on CPSC's web site, including pictures of the recalled product, please go to: http://www.cpsc.gov/cpscpub/prerel/prhtml10/10107.html
Preventing children?s bicycling accidents and injuries
Posted by: Claude Wyle
December 14, 2009
Topic: Bicycle Injuries
One of the reasons bicycling so often leads to injuries is that parents treat their child's bicycle as a toy. They're not toys, they're vehicles. Ray Hall, cycling and road safety instructor says, "You wouldn't give your child a mini-bike and say go out and play, and bikes should be treated like a mini-bike, because they have the same power as a mini-bike or mini-motorcycle. So if you think of it as a small motorcycle, then it's more obvious how you should deal with the machines," and be alert for the possible of bicycle accidents leading to injuries in children.
Even tricycles have the potential for cycling injuries according to Barb Wentworth, Cycling Coordinator for the City of Toronto. She says parents need to stay with their children when they're tricycling because children often have difficulty in controlling their first "bicycle" and falls can happen at any time. Even though trikes are low to the ground, there can still be a bicycle head injury or trauma from a fall.
This is important inasmuch as studies show 75% of bicycle related deaths are due to head injuries. Because of the seriousness of head injuries it's very important for parents to insist that their children wear a helmet.
As a personal injury attorney and avid cyclist, I am all too aware of the dangers bicycles can present for our children. So let's teach them to respect the bike and wear a helmet!
Teaching your children how to avoid bicycle accidents and injuries
Posted by: Claude Wyle
December 11, 2009
Topic: Bicycle Injuries
In addition to making sure your children are wearing bike helmets, the second major area of concern with cycling is road safety. Most experts agree that children shouldn't be riding in traffic until, developmentally, they can handle such a complex task. Until a child hits about 12 years old, they're not mentally capable of judging speed and distance to be able to be let out in traffic by themselves. But don't let the warning against traffic lead you to assume that the sidewalk is completely safe. Serious collisions with motor vehicles can occur even on sidewalks.
Here are some tips for sidewalk bike riding for your kids:
• Check the law in your jurisdiction to make sure sidewalk riding is allowed.
• Watch for vehicles coming out of or turning into driveways.
• Stop at corners of sidewalks and streets to look for cars and to make sure the drivers see you before crossing.
• Enter a street at a corner and not between parked cars. Alert pedestrians that you are near by saying, "Excuse me," or, "Passing on your left," or use a bell or horn.
• And, most importantly, stay with your children while they are riding, on the sidewalk or in the roadway.
If you don't feel comfortable enough with your kids to let them out on the road unattended, then they shouldn't be riding unattended on the sidewalk, either. Every study done shows that riding on the sidewalk is two and a half times more dangerous than riding on the road. So, children under 12 should be supervised when they're on their bikes, preferably riding on quiet side streets with minimum amount of traffic.
Biking is a great activity. But, as a bicycle accident attorney, I know that in order to prevent bicycle accidents parents must be vigilant. So, supervise children, have them take lessons in road safety, wear helmets, and ride only on roadways appropriate for their age and capabilities.
Sentencing in road rage car versus bicyclists case delayed
Posted by: Claude Wyle
December 05, 2009
Topic: Bicycle Injuries
We learned yesterday that the sentencing of Dr. Christopher Thompson, the man convicted of six felonies including assault with a deadly weapon—his car—after he seriously injured several bicyclists in Los Angeles’ Mandeville Canyon, has been delayed until January 8, 2010.
While I am not happy about the delay, it does give us one more chance to remind fellow cyclists to join Dave Zabriskie’s letter writing campaign to ensure that Thompson gets the appropriate sentence. The maximum sentence is 10 years, but the judge could sentence Thompson to as little as probation. This is particularly possible because Thompson’s supporters have organized a campaign of their own.
Here is my letter:
Dear District Attorney Stone,
Thank you for your work in prosecuting the “car versus bicycle” assault case of Doctor Christopher Thompson.
As a bicycle accident attorney, and an avid cyclist myself, I have a particular interest in this case. Each day I see clients who are injured by cars while riding their bikes.
Although most of these injuries have been the result of negligence, recklessness, or just incompetence, I want to help ensure that someone as malicious as Christopher Thompson gets the sentence he deserves.
Most Californians are unaware that Vehicle Code section 21200 grants equal status to bicyclists on the road as to motor vehicles. This ignorance itself is not a threat, but it becomes dangerous when drivers, not understanding a bicyclist has the same right to use the road as they do, use their cars as deadly weapons to enforce their misconceptions.
Unfortunately, the legal system sometimes reinforces the perception of bicyclists as second-class citizens of the road. While you have represented bicyclists’ rights by prosecuting this as an assault case, let’s not dilute the message by giving Thompson a minimal sentence. The justice system needs to make the statement that this was a serious crime and that attacks on bicyclists will not be tolerated.
Please use this letter to convince the judge to give Thompson the harshest possible sentence.
Very truly yours,
Claude A. Wyle
Choulos, Choulos & Wyle
San Francisco Attorney Claude Wyle of Choulos, Choulos & Wyle receives "Superb" rating
Posted by: Claude Wyle
November 30, 2009
Topic: San Francisco Motorcycle Attorneys in the News
San Francisco, CA--Claude Armand Wyle, a partner with the renowned San Francisco personal injury law firm Choulos, Choulos & Wyle, has received a "Superb" rating from Avvo.com, based upon his experience, industry recognition and professional conduct.
"This rating is very important to me," said Mr. Wyle, "because Avvo.com is not a paid site. In other words, my
rating is a result of my achievements, not the result of an 'old boy' network or paid advertisement." Mr. Wyle is also impressed with Avvo's new approach to ratings, which allows former clients to comment on their experiences. While not part of the rating system, client input is important to consumers, because it helps to convey a sense of the lawyer's style and approach.
"I am very gratified that I stand out among all of the San Francisco personal injury attorneys." Claude also has an A. V. Rating through Martindale Hubbell, which ranks him as among the top 5% in the country, and the law offices of Choulos Choulos and Wyle is ranked also among the top 1% nationwide. Claude Wyle has also been named a "Superlawyer" by San Francisco Magazine for the last several years in a row.
To see Claude's full profle and recommendations as a personal injury attorney on Avvo.com, click here.
To read Calude's article as a motorcycle accident attorney in Lawyersandsettlements.com, click here.
Wrongful death in San Jose caused by bicyclist with leashed dogs
Posted by: Claude Wyle
November 30, 2009
Topic: Bicycle Injuries
After a deadly bicycle accident, San Jose is exploring a law to make the city the first in California - and possibly the country - to address the issue of bicyclists riding with leashed dogs.
Councilwoman Nancy Pyle is convening a meeting Wednesday night to gauge public opinion on whether the city should revise current leash laws in some way to prevent what happened to Beverly Head on Sept. 16. The retired 62-year-old San Jose phlebotomist died as a result of a head injury after being tangled up in a dog leash while walking along a popular South San Jose trail. The dog in question was one of two pets being pulled alongside a bicyclist.
Head's husband would like to prohibit dogs leashed to bicycles on all pathways, but Jon Cicirelli, deputy director of the city's Animal Care and Services, said his first thought is not to ban bicyclists from riding with their pets, per se. Instead, he says it might be better to beef up the current leash laws mandating that owners must not only keep their dog under control, but extend that responsibility to the leash, too.
As bicycle injury lawyers we are always distressed to hear of accidents involving bicyclists. Even though the bicyclist in question did not break any laws, we all have a duty to pedestrians and bicyclists alike. Please bike safely.
Hit and Run Suspect Finally to Face Prosecution for Bicycle Death, But What Will Help Take Care of The Family?
Posted by: Claude Wyle
November 19, 2009
Topic: Bicycle Injuries
The San Francisco Bay Area cycling community suffered a tragic loss last November when Mark Pendleton, a loving husband and father to two sons, was struck by a car while riding his bike. The driver of the vehicle did not stop and Pendleton died along the side of a road. As Bay Area bike attorneys, we've supported local law enforcement in their efforts to find and prosecute the motorist responsible for the serious bike accident.
Just over six months after the accident, the suspected driver of the vehicle, Harold Brown, was arrested by the CHP. Brown was booked on charges of felony hit-and-run as well as vehicular manslaughter. The arraignment is scheduled to take place within the month. Let's support Mark Pendleton's family, friends and cycling teammates by attending the arraignment. Details will be posted on a designated website: www.findmarkskiller.com.
As happy as we are that the suspect has been apprehended, we never want to overlook the financial consequences to the family. As bicycle accident attorneys we often represent bicycle riders injured by hit and run drivers. Most people are not aware that a bicycle rider injured by a hit and run motorist can make a claim for a under the uninsured motorist provision of their own auto policy? This is another good reason to carry the highest limits you can afford on your own auto policy. Your auto insurance is there to protect you in case of at fault accidents and in case someone without adequate insurance hurts you. The family of Mr. Pendleton should have by now hired a bicycle accident attorney and made a uninsured motorist claim. Even if the hit and run driver goes to jail, this will not help to take care of the killed biker's family.
Also, the Mark Pendleton Memorial Ride will take place this weekend, November 22nd 9am in Danville
Mark Pendleton's family, friends and teammates will be honoring him by inviting those who would like to celebrate his life to join his team at the Danville Peet's Coffee & Tea at 9am for a moment of reflection before setting off on a three-hour memorial ride. Information about this ride is posted to the team's home page www.c4racing.org.
Santa Clara County Agrees To Pay $800,000 for Wrongful Death of Bicyclist
Posted by: Claude Wyle
November 16, 2009
Topic: Bicycle Injuries
As bicyclists, all were shocked in March 2008 to learn the horrible news that Santa Clara Sheriff's Deputy James Council had crashed into several innocent bicyclists, causing the wrongful death of two riders, and badly injuring a third. As a bicycle accident attorney who handles many cases for riders against public entities, I was surprised and pleased when Santa Clara County actually accepted responsibility for this tragic bicycle crash. In tough economic times, it seems even more rare for individuals or institutions to accept liability, and extremely rare for them to make themselves financially accountable.
We reported last month that Santa Clara County did the right thing and agreed to pay $1.2 million to Karen Clarkson, the mother of one of the cyclists killed. Now I am equally pleased to report that the County has entered a settlement with the family of Kristy Gough, another injured cyclist.
We once again thank the County for accepting liability immediately, although it took over a year and a half for the County to reach this settlement. Please join me in sending prayers and condolences to Kristy Gough's family for their loss.
