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Archive for January, 2010

Bicycle and Pedestrian Accidents: What You Should Know

Tuesday, January 19th, 2010

Is it possible that the painted crosswalk gives cyclists and pedestrians a false sense of security?

According to a recent report from the Colorado Department of Transportation, when it comes to two lane roads with no traffic control, the presence of a marked crosswalk made no difference when it came to the number of cyclist and pedestrian accidents. When it comes to busy, multi-lane roads (more than 12,000 cars a day), the presence of a painted crosswalk actually appeared to make matters worse – and even having a lighted WALK/DON’T WALK sign did not improve matters.

The report goes on to make a number of suggestions on how to improve pedestrian and cyclist safety by installing a number of traffic control devices (such as signs and speed bumps) in addition to improved nighttime lighting, and even changes in the law such as requiring vehicles to wait for a green light in order to make a right turn. However, the initial findings suggest that cyclists and pedestrians do not always exercise as much caution as they should.

Although legally pedestrians have the right-of-way, in practice it is a variation on “survival of the fittest.” When the contest is between a 120-200 pound flesh and blood human moving at 3 miles per hour and a 3,000 pound steel vehicle traveling at twenty to thirty-five miles per hour, the result is never in doubt.

To be sure, the Colorado DOT report places most of the burden for safety on the operators of motor vehicles, and it is a driver’s responsibility to watch out for pedestrians and yield to them. However, as a pedestrian, you cannot take this for granted. One of the first rules we are taught as children is to look both ways before crossing the street – even at crosswalks.

That is still good advice.

When it comes to cyclists, it is important to understand that when riding a bicycle, you are subject to the same laws as the operator of a motor vehicle. These laws have been written for your safety and the safety of others.

Motor vehicle codes are very specific, and if you are injured by a motorist while riding a bicycle, you can be certain that these will be an issue in any litigation arising from the accident. Remember that insurance companies are seeking any and all loopholes in order to avoid paying a claim. As long as you were obeying all traffic laws when the accident occurred, you will have a strong case and are likely to have a judge decide in your favor.

If on the other hand, it can be demonstrated that you were riding carelessly and disregarding the law, you could very well be out of luck.

Aside from issues of personal safety (and the fact that you could be ticketed and fined just like a motor vehicle operator), protecting your rights, should the unthinkable happen, is an excellent reason to pay close attention to traffic laws when cycling.

Disturbing Trends In Motorcycle Safety

Friday, January 8th, 2010

According to a report by the Colorado Department of Transportation motorcycle fatalities reached a record high in 2008 with 98 riders and passengers dying on Colorado roads.  Nearly 7 out of 10 riders killed were not wearing a helmet or were wearing it incorrectly.  The National Highway Traffic Safety Administration estimates that helmets are 37% effective in preventing fatal injuries, meaning 25 Colorado riders could have survived if they were wearing one.

What I found to be the most telling piece of information in the report is that in those fatal crashes the authorities found the riders to be at fault 80% of the time.  In my experience as a motorcycle lawyer I think this number proves that the police are biased against motorcycle riders.  While rider error and/or inexperience may play a role in some of the fatalities I find it hard to believe that 80% of the time the rider is at fault.

As a motorcycle accident lawyer I fight law enforcement bias everyday.  But what I do occurs after an accident.  So what can you do to protect yourself from getting into an accident in the first place?  I would recommend the following:

  1. Sign up for a rider safety course.
  2. Get the proper motorcycle endorsement on your driver’s license.
  3. As much as you may not want to, wear a helmet.  Ask my client whose ear was degloved (ripped off) whether he thinks its a good idea to wear one now.
  4. Wear brightly colored protective clothing.
  5. Strategically use your lane position to see and be seen.
  6. Use turn signals for every turn or lane change, even if you think no one will see it.
  7. Use reflective tape and stickers to make you more visible to other motorists.
  8. Combine hand and turn signals to draw more attention to yourself.

For additional information and resources on motorcycle safety please visit my motorcycle website.