From wrongful blame to rightful victory
Fighting when it’s not your fault
Occasionally, we’re asked about the work we do beyond these articles. To give you a glimpse, we’re sharing a recent case where we represented a commuter cyclist involved in a collision. Initially, the cyclist was wrongly blamed for the accident, a common and frustrating experience for many riders. This case highlights the challenges cyclists face and underscores the importance of having someone in your corner. While we sincerely hope you never find yourself in a similar situation, we want you to ride with the reassurance that if the unexpected happens, we’re here to advocate for you.
The facts
A pickup truck driver was driving his truck northbound at 30 mph in a 25 mph residential neighborhood as he approached an intersection. Meanwhile, a young woman commuting eastbound by bike was entering the intersection. Because the pickup truck driver did not have a stop sign and the cyclist’s direction did have one, the driver decided to keep going, striking the cyclist. After striking the cyclist, the driver kept going. The helmeted cyclist hit the ground, losing consciousness. She also suffered dental injuries.
The driver ultimately, at his passenger’s urging, turned around to see what happened. Because the incident was thought to be unwitnessed, and because the cyclist’s direction had a stop sign, the driver’s insurance company insisted the driver was not legally responsible for the collision.
Tim Michael, pre-litigation manager and case manager
The method
We investigated the incident. As part of our investigation we requested and obtained the Computer-Assisted Dispatch (CAD) log. This log contains all the entries made by 911 dispatchers related to an event, including the individuals who called 911. In doing so we uncovered a witness who had been nearby and called 911. In speaking with the neutral witness we were able to put together the missing pieces. Those pieces demonstrated that the driver was legally responsible.
The result
By being thorough we were able to help the cyclist demonstrate it was the driver, not the cyclist, who caused the crash. As a result, the insurance company paid the $250,000 insurance policy limits before a lawsuit was even filed.
Have you or someone you know been involved in a bicycle crash? Want to know about your rights? Are you a lawyer handling a bicycle crash who wants the best result for your client? Contact Bicycle Law at (866) 835-6529 or info@bicyclelaw.com.
Bicycle Law’s lawyers practice law through Coopers LLP, which has lawyers licensed in California, Oregon, and Washington state, and can affiliate with local counsel on bicycle cases across the country to make sure cyclists benefit from cycling-focused lawyers.