How We Will Prove Your Bicycle Case
We are experts in successfully proving a bicycle case for our bicycle clients. We have repeatedly proven that our bicycle client is not at fault in an accident with a motor vehicle.
We have on many occasions fought for and successfully shown that there is a system-wide bias against bicyclists in favor of motor vehicle drivers. We have shown that police officers and prosecutors misunderstand and misapply the law concerning a cyclists' responsibilities and rights. We have shown that investigating police officers do not believe and therefore do not adequately record a cyclists' versions of the events. They prepare reports based on the drivers’ point of view. We have proven to non cyclist jurors that cyclists do have the right to share the road and are not merely assuming the risk or are a nuisance to motor vehicle drivers.
Of course, in order to be successful, we must have personal knowledge of cycling. We are all cyclists. We also understand the laws, principles and state statutes that apply to cyclists including local ordinances. We are also experts in understanding the mechanisms of injuries and the types of injuries cyclists suffer.
We have a bicycle case checklist which we will use on your case. Our checklist is as follows:
Information:
- Accident report and other documents (photos) generated by investigating officer
- All insurance declaration sheets from client
- Medical records and bills
- Prior medical records
- Photographs of bicycle and vehicle
- View scene, looking for (if relevant):
- road conditions
- debris? Uneven surface? Grates? Other unusual characteristics?
- bike lanes, bike paths or other bicycle specific features (bike box,
etc)
- width of traffic lanes
- road markings
- grade
- visibility from (1) cyclist’s vantage (2) motor vehicle vantage
- red light trigger?
- intersection characteristics
- skid marks
- accident debris
- distance from parked cars to traffic lane or conditions of traffic lane near parked cars
- Interview witnesses and get statements
- eye witnesses to the crash
- others on ride
- if helpful, individuals familiar with client’s expertise as cyclist
- if dog attack case, neighbors, animal control (records), other cyclists
- Wage loss statement from client
- Client’s cycling habits and abilities
- Evidence of physical difficulties from family and friends
- Criminal record check on defendant, client and critical witnesses
- Driving history of defendant and client1
- Lawsuit history against driver/driver’s employer
- Asset search on defendant
- Check client and opposing party on Google, MySpace and Facebook, etc
- Driver’s vehicle title history
- All evidence of other damages, out of pocket costs, incidental expenses
- clothing (jersey, shorts, gloves)
- helmet
- shoes
- misc gear
- Check for local ordinance (bicycle related, dogs, etc)
- Check bicycle safety standards and other sources for guidance
- Lien request letters to Medicare and Medicaid if applicable
- Obtain valuation of bicycle
- purchase receipts
- ebay, etc
- bicycle shop valuation
- replacement value
- If appropriate, accident reconstruction expert
- If motor vehicle is truck determine if driver is driving within the scope of employment, follow normal procedures for collecting work records and information in trucking case.
Paralegal Functions:
- Collect med pay for clients as bills come in
- Notify liability carrier
- Notify uninsured/underinsured insurance carrier
- Submit property damage claim early
- Insist that client seek medical attention
We are experts at countering arguments that our cyclist was in any way at fault or negligent. We go into detail the ingrained bias against the cyclist as well as the police’s misunderstanding of laws as they pertain to cyclists. A key part of our process is educating the police, judges, and insurance companies.
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