by Mimy A. Bailey, Attorney on June 22, 2011
It’s far more often that I see objective police reports of bike accidents, but this one was written by an advocate-officer who bent over backward to make excuses for the driver.
The bottom line is that the driver failed to yield the right of way, and probably never saw the bike. Driver’s fault, but the officer chose not to issue a citation.
Police reports don’t carry as much weight in a civil case as people often think. For example, they are inadmissible as evidence at trial. That said, insurance adjusters look at them and use whatever they can to avoid liability and blame the cyclist. If the report makes a bunch of lame excuses for the driver, or the officer incorrectly cites the bicycle, then it may be more difficult to settle the case without filing a lawsuit.
by Mimy A. Bailey, Attorney on June 17, 2011
After an accident, one of the first things that will happen is that you’ll get calls from insurance adjusters who want to get information from you about what happened. Who should you talk to? Who can you ignore? How do you fill out the forms? Do you even need to fill out those forms? This barrage of requests for information is a good reason to contact an attorney (I’m always happy to answer questions).
The list of questions in the photo at left is from a University of Washington form that was sent to a scooter rider hit by a person driving a UW motor pool vehicle. These types of questions are dangerous and I suggest you not answer them. First, most people want to answer all the questions, so they will do their best and oftentimes guess at the answer. Second, these are impossible to answer accurately. You were driving down the road, thinking all was well, and all the sudden someone is turning in front of you. You didn’t have time to calculate feet and speed, you were just slamming on the brakes! Last, the adjuster will take this information and possibly use it against you to say you weren’t paying attention.
Protect yourself by only answering questions you are required to answer and that you can be confident in the answer. When you don’t know, say that, and don’t say anything else!
by Mimy A. Bailey, Attorney on June 1, 2011
Cyclists have a different mindset when it comes to maintaining speed than cars. Stopping and starting in a car, while annoying, is accomplished by just moving your foot a few inches and pressing the pedals. On a bicycle, forward momentum is highly prized. Starting from a stop or near-stop means I need to expend energy to get myself back up to cruising speed. When I time the lights downtown, I cruise through, but if I am a bit slow, then I need to stop at each light (ugh!!).
While there’s a reason we cyclists like to keep our momentum, that reason doesn’t translate into any legal excuse for failing to obey traffic rules. When you’re on the road, a STOP sign or a red light must be obeyed. For one, it’s the law. For two, when you blow through lights you give other cyclists a bad rap. There are bad drivers, bad cyclists, bad lawyers, but when a member of a minority group or one already dealing with a negative stereotype acts consistently with it, others tend to have the “see, I told you cyclists never obey the rules!” response.
Blow through a stop sign on your way home and you may be dealing with the oh-so-uncomfortable scenario of being pulled over on your bicycle (photo at left was taken by a rider who was stopped for riding through a stop sign). At the least, my suggestion is to slow way down and turn your head right-left-right-left before proceeding through a stop sign. Blowing through, even if you’re 100% sure nobody is coming, looks like a blatant disregard for the STOP sign. Some communities have the resources to put cops at intersections to ticket cyclists (ex. Mercer Island, on the north end by Luther Burbank Park).
THE LAW:
46.61.755. Traffic laws apply to persons riding bicycles
(1) Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle . . .
46.61.050. Obedience to and required traffic control devices
(1) The driver of any vehicle, every bicyclist, and every pedestrian shall obey the instructions of any official traffic control device . . .
INTERESTING ARTICLE: http://www.timesonline.co.uk/tol/life_and_style/men/article5726827.ece
