While I am a huge fan of pursuing every bicycle case I come across, there are a few times when as an experienced cyclists and bicycle litigation attorney you know you just have to pull the plug on a case and walk away. Just a few days ago I encountered one such example. Believe me, it is rare for me to walk away from a case. I truly feel that cyclists are under represented and that every case is an opportunity to make progress towards cycling safety and awareness, and for cyclists to be made whole in this prejudiced legal system. But in this case there was no other option. This bike wreck was sincerely the direct result of my own client’s negligence and not that of the driver. The full details of the facts of the case took quite sometime to compile and for a while I believed that my client was not at fault. Once in litigation (and through some serious depositions) more evidence came to light. It became so clear and convincing that my client the cyclist was at fault, that I had no choice but to walk away from the case. My most important duty became educating my client to help him/her understand what he/she had done wrong.
In some cases it is absolutely clear from the beginning that you the cyclist are at fault for the bike wreck. You know it, and so does everyone else around you. So what do you do when you are involved in a bike wreck and you know you are at fault? Simple: follow these easy to understand steps.
- Take lots of pictures. Breathe, relax, collect your thoughts and start taking pictures. You can never take too many pictures. Seriously photograph everything.
- Cooperate with the others involved in the wreck. This may be a motorist or other cyclists. Either way, it is a good idea to keep your ego and all other emotional outrage in check. Cooperation goes a long way in true ownership of problems and helping make things right.
- Exchange contact information. It may become important for you to communicate with them directly at some later time.
- Take more pictures. Yep, you seriously can never take too many pictures.
- Report the wreck to you bicycle insurance carrier. What? What is bicycle insurance? YES. If you ride a bicycle you really ought to buy bicycle insurance. Its fairly cheap and covers you when you are injured or your bike is damaged whether you caused the wreck or not. HIGHLY RECOMMENDED. The best bicycle insurance company in the United States is Velosurance.
- Be careful in your admissions of fault. Do not admit fault for the entire wreck, but just the part you may have caused. Usually there are multiple factors and variables that create the circumstances for a bike wreck. That means that other people may have contributed to part of the responsibility or fault of the crash. Be sure to be guarded in accepting responsibility for your own part and not the whole thing. Most attorneys would never tell you to take responsibility for any part of the wreck. Remember that I am not like most attorneys! One huge problem in this world is that people don’t take responsibility for their mistakes. This article is about what you do when you know you caused the bike crash. If you are not sure if you are fault then absolutely don’t accept responsibility! Not accepting responsibility is not the same as being rude or being a jerk to someone. It is simply not saying anything where you acknowledge you’re at fault. UNLESS of course you know you caused the wreck. In that case, suck it up and do whatever you can to help make it right. This is one of many reasons why you must have bicycle insurance. Bicycle insurance will help you make it right. We have all be there in a group ride and maybe had a few close calls to causing an accident because we weren’t paying attention (or any number of other reasons). If you did it then own up to it and do everything you can to make it right. If you are not sure then be careful in what you say but you should STILL do everything you can to be helpful and help make it right.
At the end of the day anyone of us may end up causing a bicycle crash. If that is the case then follow the 6 steps above to ensure that the fallout is minimized. Be safe out there. Take responsibility. Buy bicycle insurance. (mic drop).
Bicycle crash and bicycle accident lawyer Ben Dodge
A bicycle crash is not always an accident. If you, or someone you know were injured in a bicycle crash or accident caused by a road hazard or dangerous road condition, hire a personal injury attorney who is experienced and has a successful track record. Ben Dodge, a licensed bicycle accident lawyer in Arizona, has dedicated his entire firm to one purpose: representing cyclists. Bicycle accident cases are the only cases Bike Accident Attorneys, PLC handles. Home based out of the great state of Arizona, Ben can still help cyclists in the entire United States. Ben also founded Bike Accident Attorneys Network, a national network of attorneys who focus on representing cyclists. Ben can find you help anywhere in the country.
Ben Dodge has represented and assisted bicycle accident victims across the entire united states. As an avid and competitive cyclist himself, Mr. Dodge currently participates in national and local cycling events all over the country. It isn’t uncommon to spot him in early morning hours out riding his bike. Having competed in 8 Ironman triathlons, numerous local and national cycling races, and a successful finish in the Race Across the West, 2016, he really knows what it is like to ride and race a bike. The day he fell in love with his job was the day he devoted himself completely to bicycle accident cases.
Ben represents cyclists injured in bicycle accidents, at the police station, with insurance companies, and in the courts. He advocates for the rights of all cyclists, not just his clients. He teaches the police about bike laws and bike safety, he educates drivers about the rules of the road, and he trains cyclists and clubs to ride more safely.
A consultation with experienced Arizona bicycle accident attorney Ben Dodge is free
In recent years there has been approximately 700 bicycle fatalities in the united states every single year. Approximately 2,000 bicycle accidents are reported in Arizona every year. approximately 30 fatal bicycle accidents are reported in Arizona every year. Bicycle fatalities are terrible and horrific tragedies that affect the lives of too many families and friends to count. Understanding your rights and obligations as a cyclist can bring clarity to your specific accident situation. It will always be in your best interest to be represented by an attorney who knows the bicycle laws and has a successful track record of winning bicycle accident cases. The negotiation tactics and strategies of winning a case are extremely important but should always take a back row seat to the litigation experience and knowledge of court room rules, local, state, and federal rules of civil procedure that can have significant impact on your bicycle accident case. It is wise to be represented by someone well versed in bicycle accident law, local and state bicycle ordinances, rules, regulations, policies, and laws. You should hire someone very familiar with negligence and tort law, civil procedure, and the rules of evidence as they all relate specifically to bicycle accident cases.
Ben Dodge always offers a complimentary in person consultation to all local cyclists and a complimentary phone consultation to any cyclist injured in a bike accident. Typically the consultations are schedule from 30-60 minutes depending on the severity of the accident. You can expect to get answers to questions, clarity, information, and reassurance of your personal bike accident liability and potential for recovery. In your free consultation you can generally expect to discuss such topics as:
- your specific bike accident details, diagrams, and pictures from your perspective and then from the perspective of your bike accident attorney.
- the applicable local, state, and federal laws underlying your case.
- your cyclist’s rights, obligations, and any potential liability.
- the process, procedure (in and out of court), and the time frame required to conclude your case.
- the value of your case and what you might expect as compensation.
You can call Arizona bicycle lawyer Ben Dodge of bike accident attorneys, PLC at 1.855.663.3922. Mr. Dodge’s staff is standing and ready to accept your call 24 hours a day, 7 days a week, every single day of the year. Ben will personally return your call within 24 hours. there is never an obligation for a complimentary consultation with Mr. dodge. His passion is in representing cyclists and his entire office stands ready to serve with kindness and patience.
Bike Accident Attorneys, PLC
Call Ben Dodge, the Bicycle Lawyer today at 1.855.663.3922. Reach him by fax at 1.800.958.8902.
Mr. Dodge can also be reached by email at ben@bikeaccidentattorneys.com
His main Arizona offices are located at:
Mesa Arizona (home base office)
4824 E. Baseline Rd., Suite 124
Mesa, Arizona 85206
Phoenix Arizona office
2415 e. Camelback rd., suite 700
Phoenix, Arizona 85016
Tucson Arizona office
One South Church Avenue, 12th Floor
Tucson, Arizona 85701
Mr. Dodge represents cyclists in the entire state of Arizona including but not limited to mesa, phoenix, tucson, yuma, gilbert, peoria, glendale, scottsdale, ahwatukee, tempe, chandler, prescott, sedona, flagstaff, surprise, kingman, page, lake havasu city, payson, goodyear, buckeye, queen creek, paradise valley, show low, winslow, maricopa, nogales, globe, avondale, cave creek, fountain hills, apache junction, carefree, wickenburg, pinetop-lakeside, strawberry, anthem, safford, and more. Ben Dodge is currently involved with bicycle accident cases all over the country and can assist in representation in all 50 states.
Very good Ben. Useful advice.