Bike Noob

Because I'm Always Learning Something New

  • Home
  • About
  • Contact
  • Partners

You and a Car Have Collided. Now What?

12.13.2012 by Ray Niekamp // 5 Comments

This is a guest post by attorney Mike Bomberger, who practices bicycle accident law.

In almost every state a bicycle is considered a “vehicle,” therefore just like motorists, cyclists are required to follow the rules of the road. Unlike pedestrians, bicyclists do not always have the right-of-way and must adhere to all signs and signals. The issue of liability lies with whichever motorist or cyclist failed to obey the law.

iShareTheRoadSignContrary to popular belief, only 11 percent of bicycle accidents involve a collision with a car. The other 89 percent either involve other bicyclists, pedestrians or are due to cyclists losing control of their bikes because of hazardous weather or road conditions. If you are ever part of that 11 percent it is important that you know your rights and the proper steps to take after the accident:

  • Remove yourself from any additional danger. Be sure to get yourself and your bike out of the road to ensure your safety, and to prevent any additional vehicles from hitting your bicycle.
  • Notify the police. You and the motorist are legally obligated to remain at the scene if you or anyone else has been injured, or if there has been any property damage.
  • Gather as much information as possible after the crash. Take photos, preserve evidence, write down the driver’s license plate number, note any road hazards and traffic signs that may prove liability and obtain the driver’s insurance information. You should also check for witnesses and obtain contact information and/or written statements form them.
  • Never negotiate with the motorist. With your adrenaline running high, your body may be masking the extent of your injuries and you could have more bodily damage than you think. Even if the driver accepts blame at the scene of the accident, they could later change their mind and deny blame, or even the accident altogether.
  • Although insurance companies may appear to be on your side, never negotiate with them or admit any fault. They can use everything that you say against you in order to avoid paying out.
  • Be sure the police take your report, and not only the motorist’s. Have the police document any injury or damage to yourself or your bike, regardless of how minor it may seem at the time.

Before contacting your insurance company, you should speak with a personal injury attorney who can advise you on how to deal with them. An attorney can also help you receive compensation for medical bills, lost wages, bike repair, pain and suffering and disfigurement.

Mike Bomberger is a seasoned litigation and trial attorney, who has been involved in numerous multi-million dollar recoveries for his clients.  He is a founding partner of the California bicycle accident law firm, Estey & Bomberger, LLP.  http://www.esteybomberger.com  

Like this:

Like Loading...

Categories // crash, Safety Tags // car-bike accident, crash

Filing Cycling Claims

10.11.2012 by Ray Niekamp // Leave a Comment

This is a guest post by Sarita Ramakrishnan, an avid cyclist who works for a British firm that specializes in compensation claims for cycling accidents.

Cycling accidents happen and although there is a good network of bicycle lanes around where I live, that allows cyclists to cycle in a safer environment, I still find that many motorists are either unaware of them or perhaps even blissfully ignorant towards cyclists and their existence in everyday traffic. To this date I have not been involved in a cycling accident, but I know many people who have not been so lucky.

The law is designed to help people who feel they have been wronged, but what many people don’t realise is that you too are eligible to make a claim! Bicycle compensation claims can seem daunting, expensive and sometimes just too much to handle, but with a range of No Win, No Fee options now available, many people can successfully make a claim without having to part with a penny.

I’ve seen some terrible cycling accidents and in many cases they have led to a long road to rehabilitation with a considerable time in hospital – a costly exercise – if you’ve been in this situation then you can find the pain and cost is quite substantial – especially if you can’t work and you are losing income – but there are options available to you.

How do I get started with a compensation claim?

Compensation – an overwhelming thought – but making a claim really isn’t that difficult anymore and in modern society there are so many people out there to help you that it is often worth taking on the advice of someone who knows what they are doing. However, compensation claims aren’t always easy! To get started with your compensation claim follow some simple steps:

  • Step 1 – Report your accident
    It’s crucial that you report any cycling accident to the relevant authorities. No matter how small you think your case is. This way you will be able to assign blame, gather evidence and formulate exactly what you will need for your compensation claim.
  • Step 2 – Seek the help of an expert
    Personal injury lawyers know what they are doing and often have years of experience in handling this type of claim. They will be able to advise you on exactly what you are entitled to and how much you can expect to receive throughout the process. They will also advise you on what you need and how you can get it.
  • Step 3 – Keep your records
    Keep any information you have in regards to your injury, this can include medical reports, hospital bills and accident reports – you may need it in court.
  • Step 4 – Be honest about your compensation
    Don’t estimate and don’t be light with your figures, give an accurate and honest figure of how you have been left out of pocket. Remember to include your medical bills and any loss of income that you have sustained throughout the process. If the accident wasn’t your fault then you shouldn’t be the one footing the blame!

But with most businesses now offering a “No Win, No Fee” service,  it’s never been easier to claim back what is rightfully yours.

Like this:

Like Loading...

Categories // crash Tags // crash, insurance

Tribute Ride For a Fallen Biker

05.20.2012 by Ray Niekamp // 3 Comments

About three weeks ago, a cyclist was killed while riding on the shoulder of a popular cycling road just west of Austin. A protest ride on his behalf several days later took cyclists from Austin City Hall to the State Capitol to call attention to car-bike crashes; in many cases, car drivers are not cited. Cyclists want more vigorous prosecution of motorists who hit cyclists.

Verter Ginestra

The deceased biker is Verter Ginestra. The group he rode with, CyclingTexas.org, scheduled a tribute ride for him last week, but because of several evenings of rainfall, had to postpone it. It was rescheduled for today.

The ride was to leave from Southwest Cycle Sports, a bike shop Verter patronized. The shop is a 17-mile ride from our part of town, so I figured a ride out there from our usual starting place, then joining the tribute ride, and peeling off to head home from the crash site, would be a good B ride. Our A ride leader thought it could work for him too, but added some miles for his riders.

Southwest Cycle Sports is on Bee Caves Road, a four-lane highway with generous shoulders that sees a lot of cycling traffic. Riders from CyclingTexas, Southwest Cycle Sport, Lake Travis Cycling, and my Circle C Ranch Cycling Club turned out for the ride, along with sundry other riders. I guess we totaled about 50. One of the CyclingTexas riders told me they were pleased with the turnout. Before the ride began, Verter’s wife, Jane, thanked everyone for riding, and said that, if things had been different, Verter would be out with us. A cyclist read a letter of condolence from Lance Armstrong. Group pictures were taken, then Jane told everyone, “Let’s ride!” and jumped behind the wheel of the sag truck. (Click pictures to enlarge.)

Verter’s wife Jane with the group just before the ride. We’re flashing the “V” for Verter sign. (Photo courtesy Dena Curry.)
A cyclist reads a letter of condolence from Lance Armstrong. (Photo courtesy Dena Curry.)
Getting everyone to ride out on cue is a little like herding cats. The ride quickly organized into a double file and headed briskly over the rollers on Bee Caves Road.

The ride was to be a slow roll to the crash site, about 10 miles from the bike shop, but the peloton shot down and up the rollers almost immediately, leaving some unprepared riders way off the back. The group slowed when the lead riders realized the problem. One reason Bee Caves is a popular cycling road is its rollers. The uphills are challenging. The downhills are fast. There’s usually a cross wind to make things interesting, as there was today, and car traffic on the road is usually heavy.

I suppose it’s impossible to put 50 cyclists together without problems. It’s just that all the problems seemed to be happening to the Circle C folks today. Donald broke a spoke. That limited him to maintaining only a 21 mph average for the rest of the ride. Steve got a flat. Mike and Laura, on their tandem, dropped a chain. But everybody got back together by the time the group turned off Bee Caves Road south onto Highway 360, then snaked through the Westlake neighborhood in a retracing of Verter’s last route. We turned north onto 360 and rode back to the intersection of Westbank Drive, where the crash happened. I was disappointed to learn that a ghost bike that had been set up there had already been vandalized and torn down. I’m told it will be replaced.

From there, the Circle C group headed south again to our home base, while the rest of the riders returned to the bike shop. My total mileage was 39 — the A group, which added some additional hilly roads — wound up with 45.

My friend John waits for a left turn arrow as the remainder of the tribute ride heads back to the bike shop. The brown SUV on the shoulder behind them is the sag vehicle, driven by Verter’s wife.

The ride was a reminder that we are all vulnerable while on our bikes. Verter was riding on a wide shoulder when a car left the road and hit him in an effort to pass traffic. It’s not enough to be doing everything right — you can still be caught unaware. The driver of the car that killed Verter — an 85-year-old man — still has not been charged as of this writing.

Like this:

Like Loading...

Categories // crash, Safety Tags // crash, fatality, rear end

  • « Previous Page
  • 1
  • 2
  • 3
  • 4
  • 5
  • …
  • 9
  • Next Page »

Get Email Updates

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 259 other subscribers

Categories

  • Accessories
  • Bike fit
  • Bikes
  • Blogging
  • Books
  • clubs
  • Cold weather
  • Community
  • Commuting
  • Components
  • crash
  • cycling
  • Equipment
  • Favorite rides
  • fitness
  • food
  • guest post
  • Heat
  • Injury
  • logs
  • Maintenance
  • Mental
  • Nutrition
  • Odds 'n ends
  • People
  • Poll
  • Racing
  • Records & stats
  • Review
  • Rides
  • running
  • Safety
  • soreness
  • Specialized
  • Technique
  • Technology
  • Tips
  • tires
  • training
  • Travel
  • Uncategorized
  • Home
  • About
  • Contact
  • Partners

Recent Posts

  • Getting Back on the Bike: Road Cycling Tips for Older Cyclists
  • Are BCAAs and EAAs Good for Cycling?
  • How to Fix Numb Toes When Cycling
  • How to Find and Vet a Bike Club
  • Celebrate Pearl Izumi with Big Savings in the Memorial Day Sale

Categories

  • Accessories
  • Bike fit
  • Bikes
  • Blogging
  • Books
  • clubs
  • Cold weather
  • Community
  • Commuting
  • Components
  • crash
  • cycling
  • Equipment
  • Favorite rides
  • fitness
  • food
  • guest post
  • Heat
  • Injury
  • logs
  • Maintenance
  • Mental
  • Nutrition
  • Odds 'n ends
  • People
  • Poll
  • Racing
  • Records & stats
  • Review
  • Rides
  • running
  • Safety
  • soreness
  • Specialized
  • Technique
  • Technology
  • Tips
  • tires
  • training
  • Travel
  • Uncategorized

Archives

  • May 2024
  • December 2023
  • November 2023
  • March 2022
  • October 2020
  • November 2018
  • May 2018
  • September 2017
  • November 2016
  • October 2016
  • January 2016
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • November 2012
  • October 2012
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • October 2009
  • September 2009
  • August 2009
  • July 2009
  • June 2009
  • May 2009
  • April 2009
  • March 2009
  • February 2009
  • January 2009
  • December 2008
  • November 2008
  • October 2008
  • September 2008
  • August 2008
  • July 2008
  • June 2008
  • May 2008
  • April 2008
  • March 2008
  • February 2008

Copyright © 2026 · Modern Studio Pro Theme on Genesis Framework · WordPress · Log in

Go to mobile version
%d