Bike Accidents

Introduction

My name is Michael A. Fiumara and I have been practicing law in the North Bay since 1992 with an emphasis in the personal injury practice of law. Throughout our personal injury practice, this firm, with our team of experts, has represented clients throughout the North Bay Area, including Marin, Sonoma, Mendocino, Napa, and San Francisco counties. Our bike accident lawyers work on contingency. We collect no fee unless we collect damages. If you or a loved one has been injured or killed in a bike accident in the North Bay Area, we urge you to contact our attorneys today for skilled and experienced legal counsel.

Family History & Background

I am not new to bicycles or bicycle accidents and how an injury stemming from one can alter your life. I grew up in Brooklyn, New York, where my family owned a small, but thriving, business on Buffalo Avenue, “Tony and Seven Sons” bicycle shop. I got my early start watching my father repair and rebuild bicycles, along with my mother who opened her own business across the river in New Jersey. I grew up with Schwinn, Ross, Huffy, Huff, and Raleigh bikes, along with the nomenclature that went along with the business; 10-speeds, sissy bars, streamers, kids’ bikes, and banana seats – something you don’t hear of anymore.

The nomenclature and the lingo have changed, but not the likelihood to be seriously injured while riding a bike. In fact, with a greater population, more density, deteriorating roadways, and speeding, inattentive drivers, your chances of being badly injured today are greater than they were yesteryear. This is one more reason you need an advocate and skilled, experienced legal counsel like our firm.

Just because the new language or nomenclature has changed to Trek bikes, mountain bikes, triathalon bikes, GT bikes, or track bikes, and to “cyclocross” which is a mix of road racing, mountain biking, and “steeplechasing” – thirty years ago these terms were not commonplace – it means more than ever that you need someone who will skillfully and aggressively act on your behalf when you or a loved one is injured by an inattentive, careless, negligent, or even grossly negligent driver. Times have changed, but not the seriousness of accidents related to bicycle accidents and mishaps! This is even more important with the high cost of medical care and the games and maneuvering that insurance carriers like to play to delay your rightful compensation when you are the victim of a bike accident.

Our team of attorneys has successfully represented bicyclists who have been injured because of either defective products or dangerous road conditions in all types of accidents involving:

• Hazardous conditions in construction zones
• Breaking or catching chains
• Gravel and/or sand left on roadways
• Careless and uneven road resurfacing
• Railroad track incidents
• Uneven pavement and sidewalks
• Bike helmet defects and resultant failure
• All kinds of mechanical failures
• All other kinds of bike accidents

Our team of attorneys will challenge any opponent, including large, corporate entities and insurance carriers. Please do not allow a police report, which is hearsay, discourage you from seeking the skilled experience of an attorney. Some of our most successful cases have resulted from an inaccurate police report that found the bicyclist to be totally at fault. Please allow us an opportunity to give you our opinion.

Bicycling in the North Bay, especially with the ever-popular wine country bike tours and other events which have drawn many bicyclists to the beautiful, scenic vineyards and coast, has proven to be dangerous. This new influx of bicyclists on some of the worst roads in the North Bay, as documented by the Press Democrat, exposes bicyclists to serious injuries sustained as a result of car, truck, and bus drivers’ recklessness or carelessness, and as a result of roadway hazards and defects. Sometimes these injuries are the result of defective products or even how the bicycle was put together by the manufacturer or the store. Defective products could be as simple as the pedals, rims, sprocket, wheels, brakes, defective cable, and/or the helmet.

The Law Offices of Michael A. Fiumara and our team of attorneys, some of whom have previously worked for more than 25 years for insurance defense firms, has the experience and the resources to effectively represent bicyclists in recovering full and fair damages for their injuries and, if applicable, wrongful death. The Law Offices of Michael A. Fiumara has the resources and the will to fully investigate every case. We seek to establish driver liability related to present road conditions and weather, speeding, running red lights or stop signs, driving recklessly, driving while distracted, and/or driving while drunk. This law firm has a good understanding of criminal law and the California Vehicle Code in regard to representing its criminal defense clients; this knowledge will be put to good use representing and helping our personal injury clients get the best outcome. Oftentimes the criminal case which precedes the civil case for monetary damages goes first and that information and discovery is very useful for our personal injury clients.

Accident Advice

1. Recommendations if you are involved in a bicycle accident anywhere in California.

1. Regardless of the circumstances, report the accident to the police and make sure a police report is filed. ALWAYS wait for the police to respond to the accident scene so that an official report will be filed. Seemingly minor injuries can develop into serious and permanent injuries. It is best to have a record when possible.
2. If you have been injured, request to be transported to the hospital by ambulance.
3. Your first priority, of course, is to seek prompt medical attention, if needed, for yourself or anyone who might have been injured. This is proof that you were in fact injured and the medical records generated by the medical provider will help establish the extent of your injuries. Tell the medical provider about the accident and the injuries that you sustained from that accident. Have several photographs from different angles and from different lighting sources taken of your injuries as soon as possible after the accident. It is advised to keep an injury diary or journal of your physical symptoms beginning immediately after the accident. Make entries regularly.
4. Record the name, address and phone number of the other driver. Write down the make and license plate of all vehicles involved. You should get as much information as you can about the other driver’s insurance agent, policy and insurance company.
5. Record the names, addresses and phone numbers of passengers and anyone who may have witnessed the accident.
6. You should not attempt to negotiate with the at-fault driver. He or she may not give you accurate information about their identity, insurance coverage or vehicle ownership. Some drivers who cause accidents will initially apologize and accept blame for the accident, but will later, after they have had time to reconsider, deny that they were negligent. They may even deny that they were even present at the accident scene. Hence, the reason to insist upon an accident report from the police which will include the driver’s statement and other witness statements. Do not communicate with the insurance company before consulting with an attorney. Most cyclists want to be fair and reasonable with the insurance company. When you communicate with the insurance company, they are gathering information. Unfortunately, a fair and honest account of the accident can be turned around and used against you later. Therefore, be careful what you say and do not give a statement to anyone until you consult with an attorney.
7. Seek the advice of an experienced California bicycle injury attorney immediately to begin protecting your rights.
8. If possible, leave your bike and other damaged property in the same state as it was after the accident. Carefully take photographs of all your damaged equipment and accessories for documentation.
9. Take photos, if possible, especially if the accident occurred on private property such as a parking lot or at a mall or shopping center parking lot. Conditions change and the defective roadway or excess gravel spill may be cleaned up by the responsible and negligent party.

2. Why contact the Law Offices of Michael A. Fiumara?

Because we understand bicycling. While many attorneys are competent to handle general personal injury cases, make sure your attorney is familiar and has experience with the following:

• Bicycle traffic laws, including all the applicable motor vehicle codes, which we are since we also practice criminal defense and are familiar with the California Vehicle Code and the Department of Motor Vehicles (DMV).
• Negotiating bicycle accident cases with insurance carriers.
• Trying bicycle accident cases in court and/or mediation/arbitration.
• We understand and will turn around predominant prejudice against cyclists by motorists and juries.
• Ability to establish the value of permanent and diminished riding ability.
• Ability to secure the best licensed forensic bicycle engineers.
• Ability to hire the leading bicycle accident reconstruction experts.
• Establishing the value of lost riding time and other residuals.
• How to obtain the fullest property value damage for your bicycle and all accessories.
• Familiar with bicycle handling skills, techniques, customs and practices.
• Knowledgeable about the speed bicycles travel and their braking and other mechanisms.

3. What this firm offers.

We offer free consultations in personal injury cases, including cycling and bicycle accidents, automobile accidents, motorcycle accidents, pedestrian accidents and wrongful death cases. We investigate the cycling accident thoroughly. When needed, our firm hires the most qualified bicycle experts for our clients as well as obtaining the best medical experts and specialists available. We personally interview every individual who witnessed the incident and fully investigate every bike accident case. Sometimes the bicycle accident case is the subject of a criminal investigation for which we then follow the criminal case in the criminal Superior Court. We will use the criminal disposition, court documents and disposition to your advantage in the civil case.

As a cyclist, I am very sensitive to the claims of injured bicyclists. We know that our clients are not encased in a 3,000-pound steel cage equipped with airbags and seatbelts. Our clients are virtually unprotected while riding their bicycles oftentimes on dangerous and narrow roads.

We evaluate your injury from the perspective of a cyclist and an attorney experienced in these types of claims. We stay in constant contact with you, your medical providers and the experts to get the best result possible. Our main goal is to get you what you deserve and to get you back to where you were prior to your injury accident.



4. Don’t let this happen to you!

Are you aware that it is common for bicyclists to get the short end of the stick from the insurance industry? Studies have shown that settlements for injuries suffered in cars are up to 30% to 40% higher than for the same type of injuries sustained by cyclists. Following is a list of bicycle accident incidents arising from a motorist’s negligence or inattentiveness while operating their vehicle. The following are some of the most common types of collisions and accidents wherein a cyclist may be injured while riding their bicycle:

• A motor vehicle driver turning unexpectedly or directly in front of a bicyclist.
• An inattentive motorist opening his or her car door directly in the path of a marked bicycle lane without ever looking.
• An automotive driver entering the street from a driveway or parking spot, pulling out directly into traffic in front of a bicyclist.
• A motorist’s failure to yield at an intersection or running a stop sign or red light.
• A motorist’s failure to yield at an intersection or running a stop sign or red light.
• An automobile driver’s failure to look both ways when resuming travel after stopping at a stop sign.
• A truck driver and/or other large vehicle whose line of vision is impaired and does not see the bicyclist even when they should have.
• An automobile driver under the influence of either drugs or alcohol.

5. What we will do for you.

Our professionally trained staff members and attorneys will evaluate your injury from the perspective of a cyclist and an attorney experienced in these types of claims. The attorneys and staff will investigate and, where appropriate, closely analyze any damage that occurred to the bicycle, i.e., chipped paint, stressed metal, bent wheels and/or torn brake pads. The attorneys and experts will examine the remains of the bicycle wreck and seek to counter a motorist’s typical claim that a cyclist was speeding or that he or she squeezed the brake levers too hard or swerved into traffic. These are the typical reactions of motorists who want to avoid blame.

Over the past 10 years, bicycling has become extremely popular in the United States, particularly in California. High tech materials and new fabrication have now made bicycle riding virtually effortless and many families enjoy exploring the countryside on bicycles, especially in wine country in Northern California. Many cities now recognize the increase in bike traffic and have constructed special bike lanes, particularly Santa Rosa, California, also known as “The City Designed for Living,” which has interlinked its downtown with many of its outlying parks. Sadly, however, many motorists do not respect the bicyclist and bicyclists’ rights to share the same road and, more importantly, many young riders have not been educated on how to legally and safely share the road with automobiles. Negligent automobile drivers and uneducated bicyclists have resulted in some very staggering statistics, which are listed below.

6. Facts: Don’t let this happen to you!

• Did you know that every six hours a bicyclist is fatally injured?
• Nearly one million children are injured each year in bicycle-related accidents.
• Nearly half of all bicycle fatalities occur in children under the age of 16.
• Head injuries from bicycle accidents account for 75% of all serious injuries and deaths.
• While collisions with cars account for only one-third of all bicycle accidents, they account for the majority of catastrophic injuries and deaths.

7. WARNING to motorists and bicyclists – BEWARE:

Motor vehicle operators must be attentive to all bicycle riders. In the State of California, motor vehicle drivers must equate a bicycle with a motor vehicle and observe the same traffic laws. For example, if you are sharing the right lane with a bicyclist and you are planning to turn right at an intersection, you must yield to the bicyclist. Further, a motor vehicle must not drive in a designated bike lane unless they have the immediate intention to turn off the road, but only in a designated broken line fashion, if they are turning off the road. There are many “new” traffic laws concerning bicyclists and motor vehicle adherence to bicycle laws. Ignorance of these laws will not protect you against negligence if you injure a bicyclist.

Bicycle riders are also subject to the same traffic laws as motorists. If you are riding a bicycle, you are also required to obey the traffic laws. Under California law, bicycle riders are subject to the same traffic laws as motorists. If you are riding a bicycle, you are required to obey the traffic laws, and you deserve the same protection under those laws as automobile drivers.

8. Make an appointment with us.

If you or a loved one has been seriously injured in a bicycle accident due to the negligence of another driver, you need to hire an attorney, a law firm such as the Law Offices of Michael A. Fiumara, who can easily maneuver the twists and turns of the legal system, the insurance industry red tape and the defendant’s attorneys. You need to and you deserve to hire an accomplished law firm who has the knowledge, experience and resources – attorneys who are committed to you and your case and can give you results. You need to call the Law Offices of Michael A. Fiumara for a free and confidential consultation a t (707) 571-8600 or after hours at (707) 888-8279