Every year the League of American Bicyclists (LAB) issues report cards for each state ranking them in terms of their “bicycle friendliness.” This year Arizona ranked #19 out of 50 states. This is really not that great. Unfortunately for our state we have much work still to do. The rankings are based on several factors and are best explained directly by the LAB as explained below. The image is the quick view ranking chart overall where Washington hit the #1 spot and Arizona hit the #19 spot:
The Arizona State specific report card is also below where we only received 42 out of 100 points:
Below is the LAB’s explanation of the criteria used to issue the report cards and provides a great perspective on the work we must still accomplish in our home state of Arizona:
What Do We Assess?
How do we determine the Bicycle Friendly State℠ Ranking? With our multi-faceted survey, we assess progress in five categories:
Education and Encouragement
Infrastructure and Funding
Legislation and Enforcement
Programs and Policies
Evaluation and Planning
Click through the slideshow to see how your state stacked up in 2014 in each of the five categories and read more about what each category means below.
Legislation & Enforcement
The Legislation and Enforcement component of the BFS questionnaire covers basic laws and regulations that govern bicycling. Questions include whether cyclists can legally use the shoulder, signal turns with either hand or leave the right-hand portion of the road when their safety requires it. This section also covers motorist responsibilities like passing at a minimum of three feet, making sure traffic is clear before opening automobile doors, and gathers data on the types of training law enforcement officers and traffic court judges receive to ensure protection of cyclists’ rights to the road and safe travel on our shared roadways.
Programs & Policies
The Programs & Policies component of the BFS questionnaire covers what state agency requirements are for accommodating cyclists, be it a Complete Streets policy, a plan or agreement for mountain bike trails, how much state agency staff time is dedicated to bicycling, and whether or not bicycling is included as part of the state’s carbon-reduction plan.
Infrastructure
Infrastructure and how it’s funded is a critical element of the BFS questionnaire, and the questions aim at collecting data on specific performance measurements, i.e. in the amount of facilities and spending amounts for bicycling. Other examples include the percentage of state highways with shoulders, signed bike routes, trail miles, and bicycle-related project obligation rates for available federal funding. As states improve their numbers for many of the BFS questions, the bar will continue to rise for states in regards to bicycle-friendliness.
Education & Encouragement
The Education & Encouragement section covers the amount of bicycling education in the state for adult and youth cyclists, and individual and professional motorists. A few ways that states can educate drivers on the road about cycling, for example, are Share the Road campaigns and questions concerning cyclists’ rights in state drivers’ exams. States can encourage more and better bicycling by promoting bicycling tourism, producing bike maps and collaborating with state and local advocacy groups, along with education efforts.
Evaluation & Planning
The Evaluation & Planning section of the BFS questionnaire surveys how bicycling is incorporated into each state’s yearly planning. Questions address the way bicycling is included in the highway safety plan, outdoor recreation plan and/or bicycle transportation plan. This section also measures results of the state’s bicycle/car crash rates and bike commuting rates.
The Wild Wild West: Arizona – Where Cyclists are Criminals.
No kidding, this is a true story. Simply unbelievable and unfortunately all to common. Recently I helped another client on a pro bono basis who was unfairly charged with criminal property damage. He was facing significant fines, and a criminal record that in Arizona could never be expunged. Here in the “Wild Wild West” we have a saying (and a law) that says: Once a criminal, always a criminal. Seems a bit harsh right? Maybe even unfair? OF COURSE its unfair and definitely harsh. Here is what happened:
My client, the innocent cyclist, was riding along in the roadway legally along the most far right hand side when a car pulled up beside him and began honking its horn. This car was full of college students that felt the need to poke fun at the cyclist and participate in all manner of harassment against him. The story gets better – the harassment, name calling, and horn honking was so severe that my client stopped his bicycle to let the car pass. Of course, the car also stopped and continued the harassment even though there was no stop sign, or stop light, or anything else justifying the car to stop. Their sole intent was to continue harassing the cyclist.
At this point words are exchanged between the cyclist and the passengers of the vehicle… to spare the readers the gory details, lets just all assume that the words exchanged were less than kind from both parties. With the vehicle firmly stopped and the harassment ongoing, my client the cyclist positions himself between his bicycle and the vehicle; the bicycle acting like a makeshift protective barrier just inches away from the car. The passengers in the vehicle determine that their last intimidating maneuver (short of exiting the vehicle and literally assaulting my client) is to lunge the vehicle forward as if they would hit the cyclist standing there. This is all taking place in the roadway no where near a valid or legal stopping position for the car. Out of fear and defense my client steps away and backwards from his bicycle when the vehicle lunged forward. The vehicle’s mirror caught the handlebars of the bicycle and brought the bicycle partially onto the hood of the car – at which point the cowardly driver sped off fleeing the scene.
My cyclist client was furious and called the cops himself to report the incident, after all fleeing the scene is a crime in Arizona. While my client is speaking to the police the vehicle along with the harassing passengers actually returned to the scene for what I can only assume was Round #2 of intimidation and harassment. My client seeing the vehicle coming again warned the police and flagged down the driver. They came to a stop and told a great story of how my client was blocking the road and then out of anger towards them as “college kids just having fun” threw his bicycle on their car causing a grand total of approximately $100 of property damage. “Are you kidding me?” is the only thought that came to my mind when listening to this story, as it is not the first nor do I suspect it’ll be the last time I help a cyclist in this sort of predicament. The officer promptly goes to the cyclist (who by way of a minor detail was VERY ANGRY and understandably so, and therefore spoke harshly towards the police officer) and issues a “criminal property damage” citation to the cyclist. The car full of “college kids just having fun” didn’t receive any citations, warnings, or anything else.
A long story short, this case proceeded all the way to trial and settled just minutes before the judge took the bench. The prosecutor refused to believe any part of my client’s story. The police officer refused to believe any part of my client’s story. For months we hammered through issues in and out of court on the pending criminal case for this victim cyclist. Eventually we were able to get the whole case dismissed and the charges dropped with prejudice (never to be filed again in this instance against my cyclist) minutes before the judge took the bench. We were finally able to persuade the driver that taking a bit of money to fix the alleged property damage is his only shot at getting anything out of my client as we would surely prevail at trial. Could we prevail at trial? I’m not sure I am convinced we would have won… The problem in these cases is that many drivers already have unkind feelings towards cyclists and tend to form subtle biases against us for many different reasons including but not limited to: cutting off drivers, running red lights or stop signs, taking a lane and slowing down traffic, and on and on and on. So goes the familiar tale, cyclist then in a way gets punished by the system designed to protect it. Welcome to the Wild Wild West!
Be safe out there. Be extra cautious. Treat everyone with respect as you never know when you will need their help as a witness, police officer, or even the help of an at fault driver.
Arizona bicycle accident attorney Ben Dodge
If you, or someone you know were injured in a bicycle accident caused by road debris, 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.
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. The day he fell in love with his job was the day he devoted himself completely to bicycle accident cases.
Ben Dodge is a proud member of Bike Law. Bike Law is a national network of elite like minded bicycle accident attorneys founded in 1998. In concert with the mission of Bike Law, 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 (855.one.ez.call). 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 Arizona Bicycle Lawyer today at 1.855.663.3922. Reach him by fax at 1.800.958.8902.
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.
New Partnership with Alliance for Biking and Walking
Ben Dodge of Bike Accident Attorneys PLC is a proud member of Bike Law and represents cyclists throughout Arizona and the southwest. As a proud member of Bike Law, a national network of bicycle lawyers, we are proud to announce a new partnership with the Alliance for Biking & Walking. This partnership will allow more cyclists to get qualified and expert legal assistance throughout the country. Ben practices law in Arizona and primarily represents cyclists in Arizona; however, Ben can assist a cyclist anywhere in the United States and hep find qualified representation through the Bike Law network. We welcome this new partnership eagerly look forward to the growth and improved representation available to cyclists everywhere.
The Bike Law Network
The Bike Law Network is a team of like-minded bicycle advocates and accident attorneys. Founded by Peter Wilborn, Bob Mionske, and Ann Groninger, it has expanded to cover 20 states. The Arizona Bike Law attorney is our very own Ben Dodge of Bike Accident Attorneys, PLC. Alliance members have access to on-call assistance from national experts, including pro-bono legal services offered by Bike Law.
You can reach them at info@bikelaw.com and at (844) 531-7530. Or contact directly the Bike Law lawyer in your state.
Bike Attorneys
Click each state name to view the full directory on BikeLaw.com.
We are proud to officially open a new Tucson Arizona office location for Bike Accident Attorneys, PLC. Tucson has long been one of the best cities in America to ride bicycles. With many pro cyclists and avid athletes, Tucson boasts one of the highest rankings in the country for cyclists. There are a ton of epic rides in Tucson Arizona and one world famous easily comes to mind: Mt. Lemon. Need I say more? Everyone loves Mt. Lemon, even if you hate to climb you will be drawn in by the pure majesty of climbing Mt. Lemon. I’m proud to have an official physical office in Tucson Arizona. I have a great deal of clients in Tucson and this office will better serve their needs.
Our new Tucson Arizona law Office is conveniently located right near downtown Tucson just a minute or two off of Interstate 10 at:
One South Church Avenue, 12th Floor, Tucson Arizona 85701. Our telephone number remains 855.663.3922.
A little about my firm: Bike Accident Attorneys, PLC was formally founded in January of 2013 by Bicycle Accident Lawyer Ben Dodge. A 7 time Ironman competitor and endurance cyclist, Ben made the decision in January of 2013 to take his personal injury experience and dedicate it solely to bike accident victims. He founded an entire law firm with one purpose: Representing Cyclists. Now with offices in Tucson Arizona, Bike Accident Attorneys, PLC exists to aggressively and effectively represent injured cyclists in and throughout Arizona. Ben is a member of Bike Law and can help a cyclist get excellent representation from a fellow Bike Law attorney throughout the entire country. Now with a firm entirely dedicated and focused on protecting the rights of Arizona cyclists and Arizona bike accident victims, Ben has turned his job into his passion.
The National Bike Law Network is a select group of like minded bicycle accident attorneys founded in 1998. In concert with the mission of Bike Law, 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.
The attorneys at Bike Accident Attorneys, PLC are unlike any other personal injury attorneys. They are cyclists first and personal injury attorneys second. They know and love cycling in and out. They eat, drink, and breathe cycling. Clients of Bike Accident Attorneys, PLC are not just clients, they are fellow cyclists first. There is deep understanding, compassion, and great personal care taken by the attorneys on every bike accident case in Bike Accident Attorneys, PLC because they know and understand what its like to be a cyclist. They know your rights as a cyclist. They understand the frustrations cyclists have towards negligent drivers. The bike accident attorneys at this firm are still riding their bikes, still competing in bike races and triathlons. They are actively involved in the bicycle community locally and nationally to stay in tune with recent legal developments. Bike Accident Attorneys, PLC proudly stands up for cyclists through its sponsorship a number of non profit organizations dedicated to improving the safety of cyclists.
Ben Dodge is a Tucson Arizona bicycle lawyer focused entirely on bike accidents. Ben only represents cyclists and is proud to be a Tucson Arizona Bike Accident Attorney for such a growing and enthusiastic cycling town as Tucson.
Most people get the fact that insurance companies only stay in business by paying out as little as possible, if any at all. One of their favorite games is to play what I call the “Insurance Shuffle.” Typically they will start off pretty strong in the beginning, and then switch you to a variety of other claims adjustors or “Senior Claims Reps” before every settling. Many insurance companies have bonus structures set up for their agents based on how little they pay within their range of settlement discretion. If there is any wiggle room whatsoever in a case these initial claims adjustors try and stick it to you making it seem like your case has zero or very little value. They will often come up with crazy reasons as why the medical treatments you received are not related to your accident, or are not justified by it. Anything to lower the value of your case.
If you are persistent and can present the facts in a clear and reasonable manner then you eventually you can get them to bump their offer up. In this case the Hartford insurance company insultingly increased their offer by about $500-$2,000 per counter offer. They were barely even covering the medical expenses of my client. It has been 1.75 years of brow beating negotiations where they have continued to try and take advantage of my client. The offers and acceptance of liability on their part were like pulling teeth – notwithstanding their insured driver had been clearly cited for blatant violations of the traffic laws and run right over my cyclist.
So, after almost two years of frustration my client and I counseled together and I explained that filing a lawsuit would be the next step. The current low settlement offer on the table would barely cover their medical expenses and this was unacceptable to both of us. I knew that once we filed the law suit we would likely get to discuss the merits of the case with the Hartford’s legal team as opposed to the claims adjustors who we had been dealing with thus far. Happy and eager to file the suit on behalf of my clients we prepared a great law suit and served it on all relevant parties. Waiting the required 20 days for their response was a suspense that I am accustomed to. just a couple of days before the 20 day deadline we received a letter faxed to us from the Hartford. Was it from their legal team? Nope. They had pulled the “Insurance Shuffle” and assigned us a “Sr. Claim Rep” for any “further correspondence” and for “further handling.” You can see the letter below:
Classic “Insurance Shuffle” Letter
I admit I am not surprised. This is Hartford’s policy. Eventually because of the law suit I will be talking to their legal counsel. But for now, they are attempting once again with someone who apparently has more authority to settle at a higher amount than the prior adjustors we had previously been dealing with. The letter even stated that this new “Sr. Claim Rep” can “better serve” me and my client. I wonder how? And if so, then why not assign them to us earlier when I had emailed them a copy of my law suit weeks before I filed it stating that they should entertain reasonable negotiations with us or we will be forced to file this suit. Instead, they continued to play hardball and forced my client to file a law suit.
This is the “Insurance Shuffle” in one of its many varieties… Yes, there are many faces to the Insurance Shuffle including but not limited to the: lets “better serve” you by assigning you a senior claim rep at the last moment after we have made you file a law suit. We can just shuffle them around until they are tired of chasing us and then maybe they will finally settle this case. Well, that doesn’t work at my firm. We don’t stand for those games. Our insurance companies have two very simple and clear alternatives when dealing with us:
Be fair and reasonable and pay what our client deserves and we will settle out of court; or
Be unfair and unreasonable and we will file a law suit against them. End of story.
I have attached a copy of the letter for your viewing pleasure. It has been redacted to protect my client’s privacy. The red lined additions and notes are mine so you can see what they were doing. Really, after a while you just shake your head and laugh it off in my line of work wondering why they keep playing the same games… Don’t they know we will just sue them?
Be safe out there and ride it like you stole it!
Ben Dodge, Cyclist & Bike Accident Attorney
***
Arizona bicycle accident attorney Ben Dodge
If you, or someone you know were injured in a bicycle accident caused by road debris, 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.
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. The day he fell in love with his job was the day he devoted himself completely to bicycle accident cases.
Ben Dodge is a proud member of Bike Law. Bike Law is a national network of elite like minded bicycle accident attorneys founded in 1998. In concert with the mission of Bike Law, 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 (855.one.ez.call). 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 Arizona Bicycle Lawyer today at 1.855.663.3922. Reach him by fax at 480.656.8334.
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
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.
With the 2015 El Tour de Mesa quickly approaching its probably best to get some information out there that many of us are highly anticipating. For example, the route has changed significantly – the infamous climb on Shea has been removed. Unconfirmed reports cite the traffic and nearby construction as the leading culprits behind the decision to avoid Shea. Regardless of the reason, I know quite a few cyclists who are plenty happy to not climb that beast!
Registration/Packet Pick Up
One of my favorite aspects to the TDM and El Tour in Tucson is that Perimeter Cycling Association allows for same day registration. Packet pick up is not available on race day (except for the fun rides). Packet pick up will be held at the expo (as is usually the case) located at the Mesa convention center; 263 North Center St., Mesa, AZ 85201. Google map here.
Platinum Riders/Info
For those of you Platinum riders out there, make sure you get your platinum pass on Friday before the race as they are not available race day. To obtain platinum status at TDM you must finish the 72 mile race in under 3:00 hrs for male cyclists and 3:15 for female cyclists. Platinum facts:
Required for entry into Platinum corral at events
Passes available at Platinum meetings at Expo: El Tour de Mesa, El Tour de Tucson and Viva Bike Vegas ONLY
Must attend Platinum meeting to acquire pass (Meeting for TDM 2015 is at 12pm and 6pm Friday before the race).
Not available ride morning
No Platinum designation required for Cochise Classic 165 and 95 mile distances; however, these are qualifying event distances
Platinum corral closes 15 min before start of El Tour de Mesa and Viva Bike Vegas; platinum corral closes 30 minutes before start of El Tour de Tucson
This year the annual Crit race hosted by Two Wheel Jones Bicycles has been chosen as the State Championships. Come out and see some great Crit racing on tap. Very fast racing in a cool urban course right in the middle of downtown Mesa! Registration and more info here. Of course, for those who have always wanted to try out the crit race – this year there is a 1st Timer Crit Experience. What a great idea to get out there and try out one of these races. The proceeds of the 1st Timer Crit Experience are going to a local Autism Charity. It doesn’t get much better than that folks!
I have always wanted to race in a crit but haven’t taken the opportunity yet. Fortunately Two Wheel Jones is hosting the State Championship Criterium race in connection with this year’s El Tour de Mesa (TDM), and they are offering for the first time ever the “1st Timer Crit Experience.” It’s a crit race for first timers. I’m definitely in! The following is taken from their website:
“Never raced a criterium before? This is your opportunity to try one in a controlled and super exciting environment!! The criterium experience will be a non-competitive ride to raise funds for the local Autism Charity “I Can Do Hard Things” Here is the website http://www.hopeforautism.net/ This is how the ride works:
Athletes will follow a “pacer” around the course starting at a warm up pace. No passing the pacer or aggressive overtaking is allowed. The pacer will gradually increase the speed each lap. The officials will pull riders who have fallen off the pack each lap. The last athlete to stay with the pacer WINS!!!This race is for Category 5 and citizen riders only. Race starts at 5 pm on Friday, April 10. REGISTER HERE: http://www.arizonareg.com“
Just a couple of weeks ago I enjoyed the opportunity to attend the League of American Bicyclists National Summit in Washington D.C. The entire town is full of would be movers and shakers in just about every identifiable political cause. With the National Bike Summit underway there were plenty of politically minded advocates ready to go to war with their state senators and representatives to help advance the cycling legislative issues of the day.
After several days of various cycling related topics and guest speakers all of us as attendees split up into groups based on our different states we represent. We formulated a game plan and then went to “the hill” (that’s capitol hill) armed with brochures, questions, and statistics to try and get support for some new legislation coming up for debate (i.e. the transportation bill among others).
It didn’t take long to note that we were politely accepted and welcomed into the legislative offices, but that our agenda was more like a request to save some sort of spotted squirrel that no one really cared about. At all times we were treated with professionalism and were absolutely listened to. Yet, there was a definite feeling of disinterest or at least minimal concern for the cycling issues.
I for one was not surprised and expected as much. These are very busy and powerful individuals with very complicated and tangled political agendas that didn’t necessarily include cyclists and our roadways, protective laws, and infrastructure funding. By the end of the day I was amazed at what I had learned about the process of “advocating” as an individual and how effective or ineffective it can be.
Fast forward to a week and half later and I found myself sitting in the office Arizona Senator (and president of the senate) Andy Biggs. My appointment with him had been changed and rescheduled by both of us for a period of a couple of months. Finally we were able to sit down face to face and have a chat about our very specific Arizona laws. I had heard from several in the bicycle community that Andy Biggs was no friend to cyclists and that he absolutely doesn’t care about cycling safety as he feels the laws on the books already are good enough. In fact, he has been quoted as saying that several times before.
Somewhat apprehensive and very eager to get to the bottom of it I went into this appointment full of hope and optimism. I left full of disappointment. Here is what I learned about Arizona Cycling Laws from our very own local legislators:
1) Cycling safety is very important. I was told in the very beginning how important cycling safety is to Andy Biggs. Yet, when it came down to it who would ever say that they are not concerned for the safety of the cyclists? My short and effective response would be: Prove it. Show me. Show us. The statement of cycling safety being very important really felt hollow. I know he meant well and I don’t fault him for saying it, but I couldn’t help but feel short of any support for the statement. Andy Biggs has certainly been very vocal and adamant against passing any cycling safety laws in our recent history.
2) Cyclists shouldn’t get any special treatment. “There are relatively few cyclists compared to the mass amount of motorists – so why should they get any special treatment?” No joke – this is almost word for word what he said to me! At first ear shot it sounds a bit appalling. And in the past when this statement was made to some local cycling advocates there was nothing short of a verbal brawl that ensued and ended badly. The “blood” from that battle still seems strewn everywhere and the wounds are not yet healed. Satire aside, Andy Biggs definitely feels like the majority of the people should get special treatment and not the minority – in this example that means that Arizona cyclists will continue to suffer from his lack of legislative support in part, simply because there are more drivers than cyclists. Wow. That is a tough pill to swallow.
3) The general traffic laws we currently have are good enough. To further support his position Senator Biggs explained that its not just that there are more motorists than cyclists; but also that He is more of an “old school” mindset. He believes that fundamentally law makers should not make laws that carve out special exceptions to just a few people. He feels that our law books are full of too many carved out niches of law, and that in general we as a people have too many laws already. Senator Biggs said that we should use the laws already on the books – especially if they already address the problems that are we are seeking new laws for. My thought is that he has not ridden a bicycle and doesn’t comprehend the very large difference (literally) between a car and a bicycle. Both motorists and cyclists are definitely bound by the traffic code. However, the traffic code was written for users of the roadway that are motorists. Bicycles are by nature very different and more vulnerable than motor vehicles. To blindly assume that general traffic laws that apply to motor vehicles also somehow adequately cover the many differences of cyclists is a bit naive and or ignorant. I get what he is saying about not clogging up our system with new laws if the current laws address the problems. But it seems pretty clear that a more defined set of rules and ordinances should apply to cyclists (pedestrians, and other vulnerable users of the roadways). The differences are too great to ignore. So my answer Andy Biggs is: No, our current laws are not enough. There needs to be more defined and specific provisions that apply to situations involving vulnerable users of the roadways such as cyclists.
4) Cycling advocates are a nuisance. In short, it was clear that as gracious as Andy Biggs was in accepting my request for an appointment, I was nothing more than a nuisance. The sooner my appointment ended with him the better in his mind. I was and am grateful for the opportunity to have met with him personally in a one on one setting. However, I invited him to come and speak to a large group of cyclists to explain his position on Arizona cycling laws and the Arizona traffic code, but he didn’t want anything further to do with the topic and counted it complete upon concluding my appointment. In his mind, he had done his duty by meeting with me and nothing more was needed. My thought: Its not over – its just beginning.
Clearly cycling advocacy must take a much different approach. Both nationally and locally it seems that there are some common themes as outlined above. No one wants to be the guy that is wasting someone’s time and is just politely listened to so as to put an end to the conversation. There must be a better way to unify the cycling community and create a larger voice for cycling advocacy. I know that the Coalition of Arizona Cyclists (locally) and the League of American Bicyclists (nationally) are two organizations attempting to do just that. I for one will jump in head first and hope to contribute in an effective manner.
In short, the individual meetings with local and national legislators is important in my opinion, but I admit that I think it is not always (if at all) very effective. Perhaps if done in mass such appointments may have greater impact. I also feel like there is another way out there just beyond the horizon and I look forward to seeking it out. When we find our Arizona voice I’ll call you up and you can join us in making cycling a better priority and a safer venture here in Arizona. Until then – keep up the good fight the best way you know how.
***
Arizona bicycle accident attorney Ben Dodge
Ben Dodge – Arizona Bicycle Lawyer
If you, or someone you know were injured in a bicycle accident caused by road debris, 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.
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. The day he fell in love with his job was the day he devoted himself completely to bicycle accident cases.
Ben Dodge is a proud member of Bike Law. Bike Law is a national network of elite like minded bicycle accident attorneys founded in 1998. In concert with the mission of Bike Law, 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 (855.one.ez.call). 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 Arizona Bicycle Lawyer today at 1.855.663.3922. Reach him by fax at 480.656.8334.
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
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.
While I attended the 1st ever annual “Bike Law Summit” in Austin Texas a few weeks ago, the other attorneys in various states around the country all chimed in on reaching out to local police departments and offering training to the officers. Some have already done so in their states and have had great success in helping the police better understand bicycle accidents.
I was instantly intrigued by this idea and committed to doing this in Arizona. As member of this elite group of dedicated bicycle lawyers, I am privy to many such good ideas and their national support for Arizona bicycle advocacy. In a fantastic post today by a guest blogger named Dr. Steven Goodridge of NC, our Bike Law network published his post on how to educate police about bicycling as he draws from personal experience in North Carolina. Great read – good ideas for us all. His original post is reproduced below in its entirety or can be found on our Bike Law network blog:
“In her August blog post Police & Cyclists, Ann Groninger described some of the problems faced by cyclists when police don’t understand or respect bicyclists’ legal rights. Because most police obtain no special training about bicycling, they share many of the same misconceptions and biases as the general public. So what can be done about it?
One possibility would be for the North Carolina Justice Academy to enhance the very basic bicycle information that appears in the traffic curriculum they set for Basic Law Enforcement Training (BLET) . This way, all new officers in the state would be better educated. Unfortunately, many important subjects and skill sets compete for inclusion in the dense BLET curriculum. It will be difficult to get a nuanced discussion of cycling laws and best bicycling practices included in BLET when other potentially life-or-death knowledge doesn’t make the cut.
Police officers receive in-service training continuously throughout their careers. Such training provides the opportunity for deeper coverage of special topics, and is an ideal way to introduce better bicycling information to officers. BikeWalk NC has developed an in-service training program called “Bicyclist Safety and Law Enforcement” to cover bicyclists’ legal rights and responsibilities, defensive bicycling practices, types and causes of common crashes, and effective enforcement activities to promote bicyclist safety. This training program was originally developed as an online Moodle course in cooperation with the Raleigh Police Department and the Raleigh Bicycle and Pedestrian Advisory Commission. All sworn officers in the Raleigh Police Department were required to complete the course on RPDnet as of May 2011. Since then, BikeWalk NC has delivered customized versions of the course to the Town of Cary PD and NC State University PD, and has made a generic state-wide version available on its web site.
The Bicyclist Safety and Law Enforcement program was developed to provide all officers with essential background information about traffic bicycling. The primary goals include:
• Empathizing police officers to bicyclists’ concerns; • Spreading awareness of bicyclists’ roadway rights as fully entitled drivers of vehicles under the law; • Familiarizing police officers with defensive, legal bicycling practices such as lane control; • Associating common crash types with the moving violations that cause them; • Prioritizing violations for enforcement based on risk (for motorists: drunk driving, failure to yield, unsafe passing, and failure to reduce speed; for bicyclists: wrong way cycling, unlighted night cycling, and failure to yield).
Feedback from police has been that the program increased awareness of bicycling issues and improved the handling of car-bike collision investigations.
Local police departments can incorporate this program into their in-service training in a number of ways, including setting it up as an online course, viewing the narrated video, or teaching it in-person based on the lesson plan, which follows the instructional design format used by the NC Justice Academy. Different departments have different needs for instruction format, which is why BikeWalk NC provides it in multiple forms. The biggest challenge to getting the training into a local department is finding a local champion in the department or city government who will make it happen. As outsiders to the police department, local bicyclist advocates cannot make police prioritize bicycling education. It is essential for advocates to develop a strong relationship with local government representatives such as city council, transportation planners, and the traffic enforcement division in order to convince them that the training program is worthwhile. A local bicycle/pedestrian advisory commission is an ideal route for developing police involvement.
Some cities in NC are conducting targeted education and enforcement activities to improve pedestrian and bicyclist safety. The Watch for Me NC campaign deployed by the NCDOT Bicycle and Pedestrian Division provides police training on how to conduct targeted safety efforts such as crosswalk stings, where officers walk through crosswalks to detect drivers who fail to yield, and follow up with warnings or tickets. Although the Watch for Me campaign involves small teams of officers rather than educating the entire department, it nevertheless provides a useful way to increase local subject matter knowledge. Municipalities that wish to participate in the Watch for Me NC campaign and obtain training, materials and other assistance should apply via the process detailed on the website. Partners will be selected through a competitive application process. The application will be available January 26 and will be due March 27, 2015.
Like BikeWalk NC’s in-service training, bringing the Watch for Me NC campaign to your community requires motivated government representatives. Local advocates must network with their local police, transportation planners, and elected officials. The reality is that enforcement priorities are often political, and as they say, all politics is local.
****
Steven Goodridge, Ph.D. contributed heavily to the content and editing of Bike Law Books # 1, the Ride Guide to North Carolina Bicycle Laws. Steve is an avid utility and recreational bicyclist who lives and works in Cary, North Carolina. An advocate for bicyclists since 1999, he is currently a board member of BikeWalk NC and is a League of American Bicyclists League Certified Instructor. In his professional work as an electrical engineer, Steven develops digital audio, video and communications technologies for law enforcement and defense applications. Steven enjoys doing volunteer work with local police departments, cycling organizations and schools to promote better understanding of traffic laws, best bicycling practices, and effective enforcement techniques to support safer cycling.”
So what do you do when you get medical bills in the mail from your bicycle accident? The accident wasn’t even your fault and now you’re stuck with medical bills you can’t afford because your case hasn’t even settled yet. Seems unfair doesn’t it?
Your bicycle personal injury attorney may be able to offer some valuable help. Consulting with an experienced bicycle accident attorney is your first step. If you were my client I would you tell you these two basic principles: (1) Avoid Collections; and (2) Be Patient. Suffering from a bicycle accident can be traumatic enough without having to be sent to collections. You should avoid collections as best as possible. And of course, be patient. Accident cases may take a long time before they actually settle out. Insurance companies are in no hurry to open up their bank accounts and pay you money. They will take their time and are often misguided in the valuation of bicycle accident cases. Their typical under valuation of your bicycle accident case will naturally result in a longer litigation period to get them to realize what your claim is really worth. Most of the insurance adjustors are still trying to wrap their head around the fact that your bicycle may be worth more than their car! Since these cases may take months and even years to receive any compensation, it is a good idea to understand how medical billing may affect you and to know what you can do to minimize any negative risks. It is likely that sometime during your bicycle accident case you will be confronted with medical bills.
Medical Liens
One of the classic ways to deal with a medical provider is to get them to put a lien on your insurance settlement in lieu of billing you up front. That way when your case is settled the medical providers can be paid directly out of the proceeds of your case. One downside to this approach is that liens have to be paid prior to you getting any money for your self. These liens can and are often negotiated to a much lesser amount. Lien negotiations are an important aspect to our bicycle accident law practice. We save our clients thousands of dollars by encouraging medical providers to put liens in place and then negotiate those liens down when the case finally settles. Unfortunately, not all medical providers will put liens in place. They do not want to, nor can they be forced to wait until a settlement to collect on the services that they provided.
Submit to Insurance
Another way of handling your medical bills is to submit them all to your own health insurance company and pay your co-pays/deductible. This allows the medical provider to get paid now and keeps them for sending you to collections while you await your settlement. One downside to this approach is that your own insurance company may want to be reimbursed for the expenses they paid on your behalf since another individual (i.e. a 3rd party) was found to be liable/responsible for your accident – after all the 3rd party did hit you! If this is the case your own health insurance may submit a claim for subrogation. Subrogation is when your insurance company requires reimbursement out of your settlement proceeds for the medical bills they paid out since they weren’t responsible – in other words, they’ll say we want the 3rd party guy’s insurance to pay for all this since he hit you. These subrogation rights can also be negotiated, but are less likely to be reduced as much as medical liens.
Payment Plan
If you do not have health insurance, and/or the medical providers were unwilling to put a lien in place, then your best bet is to enter into a small payment plan with your medical providers to keep them happy and to keep you out of collections. Many hospitals and medical providers are willing to accept small monthly payments instead of paying the high % fees of collection companies. Entering into a payment plan with them is a good idea if it keeps you out of collections. Also, settling with them directly on the overall balance is generally possible. They may be willing to accept 50% or less as paid in full. Either way, when you negotiate a payment plan or settlement in full with a medical provider – make sure it is in writing!
Summary
Bicycle accident cases can take months and may even take a couple of years to settle out. During this time period you will receive medical care and be confronted with a variety of financial scenarios when paying them. It’s best to use a qualified and experienced bicycle accident attorney to help you navigate these issues. With the help of your attorney you may be able to get liens put in place, or bills submitted to your own health insurance carrier. In both cases your attorney can help you negotiate these liens/bills down at the time of settlement and in both cases you are kept out of collections. Alternatively, your attorney can assist you in contacting your medical providers and setting up payment plans for you to make small monthly payments and keep you out of collections. Bicycle accident cases are complex and you need not be forced into collections as a result of pending medical bills you can’t afford. Avoid collections and be patient.
Arizona Bicycle Accident Attorney Ben Dodge
Ben Dodge – Experienced Bike Accident Attorney
If you, or someone you know were injured in a bicycle accident, 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.
Ben 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. The day he fell in love with his job was the day he devoted himself completely to bicycle accident cases.
Ben is a member of the National Bike Law Network. This is a select group of like minded bicycle accident attorneys founded in 1998. In concert with the mission of Bike Law, Ben represent 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
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 (855.ONE.EZ.CALL). 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. Mr. Dodge 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 today at 1.855.663.3922. Reach him by fax at 480.656.8334.
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
Salt Lake City Utah Office 299 South Main
Salt Lake City, Utah 84111
St. George Utah Office
321 N. Mall Drive, Suite 103
St. George, Utah 84790
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. He has helped cyclists in New York, Texas, California, Washington, Colorado, New Mexico, Oregon, Utah, Pennsylvania, and Washington D.C.
At the risk of ranting against my own profession, I was in trial today and utterly amazed at defense counsel. Today’s trial should have and could have been completely avoided but for the idiot defense lawyer on the other side – so we won everything we asked for. I know plenty of attorneys who are very admirable and wonderful people. Yet, every once in a while you come across that one guy who absolutely reinforces the negative attitude most normal people have against attorneys. Today was no exception. We walked into the court room confident in a win for my client and yet confused as to why we even needed a trial on the particular issues the other side so adamantly defended. And in the end, it was as predicted… we won everything we asked for. Why? It’s simple, every winning strategy will have these basic principles regardless of the nature of the individual case.
The general rule of thumb and premise of this article is very simple, if you want the judge to give you what you want then: Don’t hire an idiot lawyer. Hire a smart lawyer. Judges don’t rule in favor of idiots, or least not very often. Here’s a brief list of what idiot lawyers do or don’t do, and that is exactly why they always lose.
Know the law. An idiot lawyer won’t be well versed in the law surrounding his arguments. A smart lawyer will have studied the law, the local rules, and the court’s specific rules/instructions for every single aspect of his/her argument. The smart lawyer will have thought ahead and anticipated potential legal issues which need to be made and then find the law to support the arguments. The idiot lawyer will show up relying on his or her own puffery, or personal interpretation of the law instead of the actual statutes, laws, rules, regulations, and policies. Often the idiot lawyer will not have even been aware of a specific and controlling rule of law which is material to his or her case. This is exactly what happened to me today; and was absolutely one of the reasons the judge gave me everything I asked for. The defense lawyer had no idea what the rule of law was on a very key issue to the case. At one point the judge looked at the defense lawyer with a confused look and interrupted the line of questioning citing that none of it was even relevant to the law or the case. Sadly, the lawyer still didn’t understand and restated questions but continued down the same illogical and incorrect path. At which point the judge looked at me with a confused look, shook his head, and smiled at me. That was a confirming point in the trial wherein I knew once again we had won this case before we even started. The first time I knew we had one was before the trial even started and the judge asked for us to join him in his chambers… more on that priceless moment in a bit.
Know the facts. An idiot lawyer will lose a case because he/she doesn’t actually know all of the facts. You wouldn’t think this happens, but unfortunately this is an absolutely common occurrence. A smart lawyer will know every detail of his/her case and how those details affect the case (i.e. the interplay between the facts of the case and the law). Today the judge gave me everything I asked for and did so in part, because the defense lawyer didn’t even know all of the facts of the case. The biggest embarrassment was the defense attorney couldn’t even pronounce her own client’s name correctly. She repeatedly mispronounced her client’s name over and over again during her direct examination. It was so awkward that even the judge looked to me again with a look of confusion. I couldn’t help but make first question on cross examination something along these lines: “I just want to be clear, I thought your name is pronounced ________(fill in the blank correctly) instead of _________ (the wrong way), is that true? Priceless.
Read the Judicial Cues. Judges are people too. They are supposed to be impartial and unbiased. They are supposed to approach every case with a clear and open mind as a trier of fact and/or a decision maker issuing rulings. Yet they have feelings, impressions, and opinions. Their patience only lasts so long. Their tolerance only lasts so long. An idiot attorney will ignore these signs and completely miss the cues that judges are always giving. A smart attorney knows how to see the case from much more than the legal and factual perspective. A smart attorney will be able to see how the judge looks at the case as well and begin to feel when the judge is agreeing with you or growing impatient with you. Today the judicial cues were ENORMOUS and completely missed by the defense attorney. The entire case the judge was dropping hints about the potential positions of each party involved. I personally wondered how on earth we ended up in trial today with so many blatant hints as to the position the judge was taking. Any reasonable and half intelligent attorney would have seen this and advised their client to begin settling. But alas, in my case the defense attorney was so off base that she really thought she would win even though she didn’t know the law nor the facts. This message was constantly reinforced to the client throughout the entirety of the case. I can only imagine how those private conversations went: “You are right Mr. Client, and you have a great case. Lets keep driving this thing hard and see if we can get the other side to back down.” This attitude prevailed through the whole case and never ceased to amaze me. At every turn the defense always thought they were right and were genuinely surprised at losing. In any event, the most priceless moment in this case was at the outset. The judicial assistant came into the court room and asked the attorneys to join the judge in chambers. Sitting down with the judge, he opened stating the obvious (or at least it was obvious to myself and to him): “Why are we here? Are we really having a trial today?” I jumped on this opportunity to chime in and join my sentiment with his. He then asked us if we wanted to know his thoughts regarding the case. An idiot attorney will decline such an invitation or not understand its importance. The defense attorney just stared at the judge in confusion as to what was happening. I chimed in again and expressed my delight at an opportunity to know the judges thoughts about our case prior to a trial – it was a true treat. After a short conversation where the judge recommended that we reach an agreement because a ruling would not benefit defense counsel, we departed and held brief settlement talks. The best part is that I walked out of that room not caring what settlement we would reach or not reach, the idiot lawyer has forced us into a trial that was unnecessary – I knew it, and I knew the judge knew it. Priceless. Other judicial cues come during the trial or previous hearings wherein judges grow frustrated at a line of questioning. While sometimes its important to continue these questions in spite of the judge’s negative opinion, extreme caution should be given to that strategy when it’s not a jury trial but rather a bench trial. Don’t frustrate the one making decisions on your client’s behalf.
Be Reasonable – Don’t be Greedy. No one likes the greedy guy. As in many industries, the legal profession typically has a realm of reasonableness. A set of defined limits where you can be asking for too much. For example, a soft tissue bicycle accident where the total medical bills amount to about $3,500.00 with that or less in property damage is generally not a $5,000,000.00 case. Asking for that would be unreasonable and the attorney taking that position will most likely appear to be greedy and an idiot. Sometimes the laws are so clear that you can say a client is entitled to a certain amount in damages, or entitled to a certain range of pain and suffering. When the defined limits seem clear, and the attorney is asking for way more than what is reasonable – then the attorney is typically an idiot and will lose the case. Especially when the attorney doesn’t know the law, rules, or policies affecting the reasonable limits. So it was today, the defense lawyer had dug in so deep into an area of law which so clearly out of the range of reasonableness that her persistence in pursuing that argument not only LOST her the trial; but the judge awarded legal fees reimbursement for my client as a result of having to even go through the trial. The pre-trial settlement talks the judge prompted us to engage in after leaving his chambers were so fruitless because the defense was blind by their own unreasonableness. We went to trial notwithstanding the judge basically telling us what he would rule on before we even started the trial Embarrassing. Be reasonable and operate in the reasonable realm.
If the defense lawyer would have simply known the law and policies in this case then we could have avoided trial all together and a fair settlement would have been entered into months ago. The judge was so sure of that same fact that he awarded a reimbursement of attorneys fees to my client for having to pay for my representation in the trial. Additionally, if the defense lawyer would have just read the judicial cues and operated in the realm of reasonableness then we would have avoided the trial as well.
Fortunately for our profession not all lawyers are idiots. Some of us actually prepare for trial and know our cases and local judges like the back of our hand. Trying cases is a skill and something to look forward to not avoid. I’m proud to say that in the cases I have litigated in Federal and State courts it is more common to come across excellent attorneys as opposed to idiot attorneys. However, be aware… there’s an idiot in every village…
Arizona Bicycle Accident Attorney Ben Dodge
If you, or someone you know were injured in a bicycle accident caused by road debris, 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.
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. The day he fell in love with his job was the day he devoted himself completely to bicycle accident cases.
Ben is a member of the National Bike Law Network. This is a select group of like minded bicycle accident attorneys founded in 1998. In concert with the mission of Bike Law, Ben represent 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. His staff is standing and ready to accept your call 24 hours a day, 7 days a week, every single day of the year. Mr. Dodge 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 today at 1.855.663.3922. Reach him by fax at 480.656.8334.
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
Salt Lake City Utah Office 299 South Main
Salt Lake City, Utah 84111
St. George Utah Office
321 N. Mall Drive, Suite 103
St. George, Utah 84790
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. He has helped cyclists in New York, Texas, California, Washington, Colorado, New Mexico, Oregon, Utah, Pennsylvania, and Washington D.C.
There is little doubt that cyclocross (CX) is sweeping the nation with increasing popularity. After this weekend in Austin at the National CX Championships I now know why. Simply put: Cyclocross is the new “cool” in the cycling world. As cold and rainy as it was for my Arizona blood, I still found people everywhere smiling and loving the chilly weather. No wonder bike shops are fully stocked with a diversity of CX bikes and enthusiasts are found in every city. The culture surrounding cyclocross is contagious. It’s a movement, a rising tide to be dealt with for sure. Every race is filled with loud cheering spectators, and lots of enthusiasm.
It helps that it is a sport within cycling that a road cyclist can participate in, a mountain biker, a triathlete and so on. Everyone can find a local cyclocross race and inexpensively sign up for a short but action packed lactate thresh hold barn burning race. The diversity of courses, riders, and what a cyclist can end up encountering on the course itself just makes it even more enticing.
Below is a video of footage shot this weekend on from the Cyclocross National Championships in Austin Texas. Its a summary video of different clips at just over a minute. But you will get the idea of how harry and exciting a cyclocross race is:
The CX culture has its roots in Belgium and other European areas where winter training became an entire village sort of gathering. Historically CX Racers taking their bikes in muddy, dirty, and rocky terrain. Often these local heroes will ride in all winter weather conditions and take their bikes through just about every imaginable and unimaginable obstacle including tight turns between two house on a narrow cobblestone street, up muddy hills, over large rocks, down sweeping turns and through some farmer’s field. The European locals would literally fill the streets and completely surround what is usually only a short 1-2 mile loop completed in as many laps as possible in a given time frame of roughly 40 minutes.
This was my first experience at a national CX Race and I admit I’m hooked. This year the CX Nats were held in Austin Texas – home to the famous Lance Armstrong owned bike shop “Mellow Johnny’s.” I half expected and hoped to see an appearance by the cycling legend. I wasn’t surprised when I learned that he was no where to be seen at the CX Nats. I understand the pressure he must feel when in public, especially at a USA Cycling Association Sanctioned championship event. He must wonder how many of the cyclists are still loyal fans and how many will heckle him to death. Whatever the reason, he was a now show as far as I could tell.
The other attorneys in Bike Law (a national network of bicycle lawyers) and I found some time to still head over to Mellow Johnny’s which is so keenly situated in the heart of Austin Texas. I didn’t know what to expect when we went inside. I had heard so many stories of how amazing the bicycle shop is and my expectations were steadily growing with every step as we walked our way downtown Austin to his shop. As we approached it didn’t seem like much from the outside, but as I stepped into the shop I quickly realized it was no ordinary shop. How could it be? It is Lance Armstrong’s bike shop, since when does he do anything ordinary? There were two entrances into the shop depending on the street you entered from. The feel of Mellow Johnny’s is amazing. Everywhere you look you see a bicycle hung from the ceiling along the outer walls with a brief description of which famous cyclist used it (such as Armstrong or Hincapie, etc) and which Tour de France (or other world/European tour) it was used in. Very impressive.
Mellow Johnny’s Bike Rack & Coffee Lounge
Of course, the whole shop had a different feel to it. There was a bike rack inside the store for cyclists to ride over and park their bikes while they sat down in a lounge and enjoyed a cup of coffee. There is a basement downstairs with a very high tech training studio with stationary trainers set up, and screens everywhere. Also downstairs is a professional fit studio.
But what caught me eye most was the robust collection of signed jerseys and actual race bicycles of Lance Armstrong all over. In every sense of the word it was a memorial of sorts and a cool museum of Lance Armstrong bicycles. It appeared as if every Tour de France year was represented with one of his bicycles and a plaque describing it.
Mellow Johnny’s Basement Collection of Lance Armstrong Bikes
However, as cool as Mellow Johhny’s is – nothing was as electrifying and as exciting as the CX National Championships. If you ever get a chance to attend them in the future or sign up for a local CX race near you – DO IT. When you do, make sure your cycling insurance and health insurance is up to date. Its not if you get in a bike crash on the course, but when and how bad. Injuries are common, but fortunately not as severe as getting hit by a car. In a CX race you are almost assured to go over your handle bars sometime in the season or slip on a run up as you try to ride or run up the obstacle ridden trail.
Get out there and have fun. Be safe and ride it like you stole it!
I’m lucky enough to be in Austin Texas this weekend at the 1st annual Bike Law Summit. I’m proud to be a member of Bike Law. Bike Law is a national network of Bicycle Accident Attorneys founded in 1998. I believe the culture of cycling is summed up pretty good in the “Manifesto” below. Great concept. Follow us on Twitter for racing and cycling updates: @bikelawben
Cold Weather Cycling – How to Predict Which Day is the Coldest/Shortest Day of the Year
As winter approaches many “fair weather cyclists” give up cycling or turn to indoor cycling. What if you can predict when the coldest day of the year would be? The National Oceanic and Atmospheric Administration (NOAA) has compiled all of the data from 1981-2010 in the U.S. and placed the info in an easy to read map to wherein the coldest day(s) are color coded based on 30 year averages! This means that scientists can figure on average which day of the year is the “coldest day.” Or least they have a very educated guess. The question is will you sleep in or ride on the coldest day of the year? RIDE. Add it to your long list of crazy things you do on your bike.
For those of us in the Western half of the U.S. the coldest day of the year is in December. This means that for many of us we may have already experienced the coldest day of the year – this is great news! Dreaming of outdoor cycling again brings a smile to my face for sure, of course in Arizona we can ride our bikes all year. In fact I do ride all year. In the winter months it’s all about the layers. Layering the appropriate winter weather gear will keep you warm enough to continually ride throughout the year. A good rule of thumb my friends and I go by when layering up is: if you’re not a bit chilly at the beginning of the ride then you have too many layers and you will be HOT and uncomfortable later in your ride.
Coldest Day of the Year
For the Eastern half of the United States most of the “coldest day(s)” of the year seem to be in January and February. Worse, is that for many of those states there may be ice and snow to deal with further restricting your ability to ride your bicycle. No amount of layers will prevent you from sliding around on the ice! Be careful out there and find a great group of cyclists who aren’t afraid to spin on the trainer with you. I have found in the past that a garage full of your cycling buddies all spinning on their trainers while watching a movie or spinning video is a great way to keep your cycling fitness up as well as keeping up your cycling social network. Give it a spin – literally.
As you ride in the dark and cold weather, we all wonder when the precious sun will be coming out again. This begs the question… when is the shortest day of the year? At which point can you wake up in the morning and get on your bike knowing that every day from here on out (until the summer solstice) you will get more and more sunshine in the mornings on your rides?! It all turns to the winter solstice.
December Solstice – Shortest Day of the Year
The shortest day of the year is when the sun reaches its most southerly declination of -23.5 degrees. In other words, when the North Pole is tilted furthest away from the sun at 23.5 degrees. The December Solstice occurs between December 21st and December 23rd. Every Year it’s a bit different depending on the Earth’s “wobble” and rotation around the sun (you can check it out here for more scientific reading). No wonder Santa gets out on the 25th of December! He needs as much night time as possible. 😉
When is it in 2014? Depends on where in the world you are. In Mesa Arizona where Bike Accident Attorneys, PLC is headquartered, the December Solstice is Sunday, December 21st at approximately 4:03pm MST. You can find out when it is for you at https://www.timeanddate.com/calendar/december-solstice.html. You can bet that I will be smiling at 4:03pm on Sunday the 21st of December this year as I know that every day for the next 6 months (approximately) I will be getting more and more sunshine in the mornings on my rides!
Be safe out there with your winter cycling. Layer up, and get out and celebrate the shortest and coldest day of the year… maybe they are even the same day in your hometown…?
Info and data taken from: https://www.ncdc.noaa.gov/news/when-to-expect-coldest-day-of-year; and https://www.timeanddate.com/calendar/december-solstice.html.
Arizona Bicycle Accident Attorney Ben Dodge
If you, or someone you know were injured in a bicycle accident caused by road debris, 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.
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. The day he fell in love with his job was the day he devoted himself completely to bicycle accident cases.
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 scheduled 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 (855.ONE.EZ.CALL). 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. Mr. Dodge 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 today at 1.855.663.3922. Reach him by fax at 480.656.8334.
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
Salt Lake City Utah Office 299 South Main
Salt Lake City, Utah 84111
St. George Utah Office
321 N. Mall Drive, Suite 103
St. George, Utah 84790
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. He has helped cyclists in New York, Texas, California, Washington, Colorado, New Mexico, Oregon, Utah, Pennsylvania, and Washington D.C.
Road debris and poor road conditions can be the cause of accidents to both vehicles and cyclists. However, for a cyclist road debris poses a very dangerous threat. Often a motor vehicle can simply run over the road debris. Cyclists don’t always get that choice. Riding in bike lanes, paths, or roadway shoulders can present an extra ordinary danger of bicycle accidents caused by road debris. It only takes a bit of glass, a stray piece of lumber or branches, an old piece of car tire lying in the way and the cyclist will need to react quickly. Jetting out into the lane of traffic to avoid road debris is certainly legal in Arizona and most states, however it isn’t always a good idea or safe depending on the flow of traffic. 40% of all fatal bike accidents in 2012 were caused by rear end collisions. Its easy to see why cyclists are not always comfortable jetting out into traffic for fear of being hit by a car from behind.
Simply running over the road debris may be the only option cyclists practically posses. This can cause flat tires, bent wheels, or direct impact wrecks. Some debris can’t be run over or even the classic “bunny hop” isn’t always an option such as when you come across a shopping cart, or garbage can, etc. Either way there are some basic elements to prove in order to find compensation.
Proving Negligence
A bicycle accident caused by road debris can happen with anything in the road that is unsafe for a cyclist to come into direct impact with, not just a shopping cart. The tricky issue is finding someone who is responsible for leaving the debris in the road. Finding negligence is the key to finding any sort of financial recovery.
In almost all bicycle accident cases, including claims stemming from crashes involving road hazards, figuring out who to blame — and who will be responsible for damages — will depend on who was negligent. In order for an injured cyclist to prevail on a claim of negligence after an accident involving a road hazard like debris, two important elements must be shown:
1) Someone else breached a duty of care that was owed to the injured cyclist, and
2) The breach of care caused the injured cyclist’ damages.
In a bicycle accident case involving road hazards, the negligent party could be a government agency (i.e. responsible for maintaining the road), or a private party (such as a trucking company that is obligated to secure and transport cargo in a reasonably safe manner).
In such cases the government entity in question would likely be the state or municipal government with direct responsibility for vehicle or the road maintenance. However, claims of negligence against government entities can be made particularly difficult because the government may have sovereign immunity to lawsuits. Sovereign tort immunity can limit the government’s liability considerably, and in many instances the government will still be entirely immune from suit.
Even if sovereign immunity is not applicable, there may still be special requirements for bringing a personal injury claim against a government entity. The rules in this regard also differ from state to state, but typically a “notice of claim” must be filed within a certain period of time after the accident. The applicable period of time is defined by statute, but is typically sixty days. If a notice of claim is not filed with the government agency within the prescribed period of time, the cyclist may have waived any right to bring a lawsuit.
Private Party Liability
Looking now at the private party example, when a bike accident is caused by a road hazard or road debris created by a private party’s negligence (truck cargo falling onto a roadway or into the bike path), all of the facts must be closely examined in order to determine who is liable.
For example, if a vehicle is hauling cargo that would present a serious road hazard if it were to become unsecured and fall onto the highway/bike lane (i.e. pipes, landscaping limbs, construction materials, etc.), the driver of the transporting vehicle owes a duty to cyclists who also use the road to take reasonable precautions to keep the cargo secure. This would include driving in a manner that will keep the cargo from falling onto the roadway or bike lane.
It gets interesting if the same driver is an employee who is transporting cargo for an employer, (like a transportation company or retail distributor), then there is the issue of employer liability for the bicycle accident, under a legal doctrine known as respondeat superior. This rule of liability holds an employer liable for the harmful acts (torts) committed by employees who are acting within the normal course of employment. The reason this gets interesting is that while drivers may only carrier minimum insurance limits their employers may carry higher insurance limits making the cyclist’s chances of recovery far greater. In order to be successful here the cyclist must show that the negligent tort was actually committed during the scope of employment, rather than during a purely personal activity on the part of the employee.
Arizona Bicycle Accident Attorney Ben Dodge
If you, or someone you know were injured in a bicycle accident caused by road debris, 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.
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. The day he fell in love with his job was the day he devoted himself completely to bicycle accident cases.
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 (855.ONE.EZ.CALL). 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. Mr. Dodge 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 today at 1.855.663.3922. Reach him by fax at 480.656.8334.
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
Salt Lake City Utah Office 299 South Main
Salt Lake City, Utah 84111
St. George Utah Office
321 N. Mall Drive, Suite 103
St. George, Utah 84790
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. He has helped cyclists in New York, Texas, California, Washington, Colorado, New Mexico, Oregon, Utah, Pennsylvania, and Washington D.C.
Can cycling be a crime? It sure can when a cyclist throws his/her bike at a car! While there are several criminal offenses a cyclist could be charged with, lets focus on the 2 most common. Most states have a Criminal Damage law and an Assault law in their criminal code. I have run into these several times as an attorney representing cyclists involved in accidents. Let me help you to avoid these dangerous and seemingly unfair charges. I’ll share two real life examples I have run into in my Bike Accident practice.
First: I had a client (lets name him Biker Bob) who was involved in an accident while legally cycling through a crosswalk. A distracted teenage driver was paying more attention to texting on his phone than the traffic signal. The driver thought the light had turned green and proceeded through the intersection while texting, never having stopped to look and see if it was clear. Assuming that the light was now green he just drove right on through and hit my client. The light of course was red, and if the driver would have simply stopped texting and looked at the light before stepping on the gas pedal he would have known that.
Luckily Biker Bob wasn’t injured that badly, but his custom limited edition LeMond bicycle was! Understandably so, my client was enraged. He quickly picked himself up and hauled right over to the teenage driver (who at this time had stepped out of his car to check on the cyclist) and punched him square in the face. The cops naturally came and a report was filed. My client could have been charged with assault and would have faced a criminal record the rest of his life IF the driver would have told the cops what my client did. Luckily, the teenage kid was so embarrassed by causing the accident and getting clocked in the face by a man in his early 70s that he said nothing to the police about the assault.
When I first heard this story from Biker Bob I honestly laughed a bit. I knew exactly what he felt like and was even admittedly a bit proud of him. I mean really, who actually does that? I too have felt that anger in similar experiences and would have been very tempted to do the same thing. However, Biker Bob committed a crime. Any physical harm caused to another may constitute a criminal assault charge in your state. In fact, even if you don’t actually touch the other person but place them in reasonable fear that you are going to hurt them you could end up with an assault charge.
In Arizona, a criminal assault charge is found in A.R.S. 13-1203. “A person commits assault by: 1. Intentionally, knowingly or recklessly causing any physical injury to another person; or 2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or 3. Knowingly touching another person with the intent to injure, insult or provoke such person.” These charges vary in degree but all come with fines, a permanent criminal record in Arizona, and maybe even some jail time. So think twice next time you have the opportunity to take your anger out on a negligent driver.
Lets take a look at another story to show additional criminal offenses. One time another cyclist (lets just stick with Biker Bob for simplicity) called in for a consult because the cops were charging him with criminal property damage after he was hit by a driver. Biker Bob was furious! He couldn’t understand how after he got hit he ended being the one charged with criminal property damage. Here are the facts:
Biker Bob was approaching a 4 way stop sign. The driver was also approaching the same intersection and coming to the stop sign that Biker Bob was just about to proceed through. Biker Bob and the driver made eye contact and there was no doubt that the driver knew Biker Bob was going to proceed through the intersection in front of the driver. Just as Biker Bob was in front of the driver, the driver stomped on the gas and lunged forward knocking Biker Bob down. Luckily Biker Bob was not seriously injured at all. But this is when it got ugly. Biker Bob stands up and began shouting at the driver. The driver of course vigorously shouting back at Biker Bob. Then the driver steps on the gas and knocks Biker Bob down a second time! Biker Bob is beyond angry now and promptly picks up his bicycle and throws it at the windshield of the driver. The driver then flees the scene. The cops are called and by this time the driver returned to the scene. Shockingly (or maybe not so shockingly) the driver fails to receive any citation! Biker Bob was charged with criminal property damage! This is extremely unfair and highlights the huge bias against cyclists in our culture. The many criminal charges that could have been brought against the driver include, assault, aggravated assault, criminal property damage, fleeing the scene of an accident, and on and on.
Most states have criminal property damage statutes. In Arizona a person can be charged with criminal property damage if: “A person commits criminal damage by:
1. Recklessly defacing or damaging property of another person; or 2. Recklessly tampering with property of another person so as substantially to impair its function or value; or 3. Recklessly damaging the property of a utility. 4. Recklessly parking any vehicle in such a manner as to deprive livestock of access to the only reasonably available water. 5. Recklessly drawing or inscribing a message, slogan, sign or symbol that is made on any public or private building, structure or surface, except the ground, and that is made without permission of the owner. 6. Intentionally tampering with utility property.” A.R.S. 13-1602.
If you take what we learn from the 1st story then you can see how Biker Bob could also have been charged with criminal assault as well when he threw his bicycle at the driver. Bicycle laws are unique and sometimes seem unforgiving when compared to the standards of motorists. The sad but practical truth is that as cyclists we are held to a higher standard under the same laws as motorists. To avoid unnecessary criminal charges from the local police we need to always be on our best behavior. Keep the emotions in check and act in a calm and reasonable manner when involved in an accident.
If you have been involved in a cycling accident or have questions regarding your state’s cycling laws, call us at 800.ONE.EZ.CALL (800.663.3922) for a free consultation. We accept cases in all 50 states. Our practiced is dedicated entirely to representing bicycle accident victims. Check out our main page at www.BikeAccidentAttorneys.com.
There are many of us who enjoy the thrill of mountain biking. I for one love both the climb and the decent. The dangers of mountain biking are far different than cycling on the road. While you will likely not encounter any vehicle traffic (perhaps the rare encounter with a hunter, or off road enthusiast is probable) you may very well encounter very tricky and dangerous terrain. Everything from tree limbs, rocks, large gaps in the trail/roads, gorges, shrubs, and more. Each posing unique problems to the mountain biker. However, there is a distinct chance of encountering wildlife while mountain biking. This can be exhilarating and dangerous.
The video below is a go pro video of a man mountain biking while being chased by a bear. There are many of these video clips on the internet. This one in particular shows up quite a bit.
As you might have guessed, this video clip may or may not be real. Many commentators have mentioned how fake it is. I for one tend to believe that it is not real or the cyclist would be breathing much heavier and likely screaming a bit, or yelling a bit, or even swearing a bit. The mountain biker instead bikes on in silence. Whether its real or not, the point is you can certainly encounter wildlife out on the trails and you ought to be prepared and safe. There are other very real videos of bear encounters and mountain bikers that you can search on YouTube.
Mountain Biking can be dangerous and mountain bike accidents can be deadly. Because there are likely no at fault parties in mountain biking accidents it is highly recommended that cyclists who mountain bike procure cycling insurance to cover their damages to both bike and body sustained in a mountain bike accident. This insurance is cheap and can be found from several companies on the internet. To name a few, Velo Insurance and Big Ring Insurance both sell insurance policies for approximately $200/year. The coverage isn’t very high, but at least your medical bills and your bike will likely be covered.
Top 10 Things a Cyclist Should Do – Shouldn’t Do in a Bicycle Accident
Unfortunately there are more and more bicycle accidents occurring every year. Just last year in Arizona there were 2,039 bicycle accidents reported. Of those 2,039 reported bike wrecks, 30 were fatal. This is a huge jump from 18 fatal bicycle accidents in Arizona in 2012. For those of you who look a lot at numbers, your chances of a fatal bike crash is approximately about 1.47%. In my opinion that is 1.47% too much! Even one fatality is too much. Even one bicycle accident is too much. However, for the other 98.53% of us who survive our bicycle accidents, here is your top 10 list of everything you should or shouldn’t do when in a bicycle accident. The more you know of your cyclist rights and obligations the less you will damage your own case. In no particular order of importance, because each of these is extremely important:
1. DO call 911. Hopefully by now you know how valuable your cell phone can be when cycling. Its not just useful for cool aps such as Strava! Your cell phone is your best tool in your accident for many reasons, first and foremost it is important to immediately call 911 for any medical assistance needed. Call a relative and/or a close friend as well to come out and provide any assistance you may need, such as photographing the accident, collecting your bike, providing you a ride back home, meeting you at the hospital, etc. These calls document your case later with the insurance companies your attorney will end up fighting with. Every documented call for help, especially to emergency responders is very important. The medical records and notes taken by the emergency responders will greatly assist you in your case. Seek medical attention as soon as possible. When arriving home again after the accident you should make immediate appointments with any and all necessary medical professionals to begin treatment for your injuries sustained in the bike accident. Any delays in treatment will be negatively viewed by the insurance companies as simply not relating to your accident. 2. DO call the police. Sometimes many of us want to simply get back on our bikes and limp home, or call for a ride and get out of there after simply collecting a bit of insurance and contact info. This is a huge mistake. Your bicycle accident case will go much smoother with a report from a police officer. Make sure you are cordial with them. Most of us are pretty angry for getting hit by a driver, and sometimes we forget that the officer is there to help. Be sure to be kind, straightforward, and clear about what happened. Help the police officer understand the facts of your accident as clearly as you can remember. In a hit & run accident we often think we shouldn’t call the police, but that is a HUGE mistake. It is even more important to have the police meet you out there at the scene of your accident (or in the hospital if you were transported to one) than it is in a regular bike wreck. Insurance companies will often fight hit and run accidents with everything they have if you can’t prove that it was a hit and run. A police report helps substantiate your accident, especially in a hit and run bike accident. 3. DO take lots of photos. Again, your cell phone is an important tool. Use it to capture as many photos of the accident scene as possible. Try to capture the damage to the car, the bike, and of course to your person. Take photos of the streets, the lighting, the road conditions, and anything else that may look important. If you are too injured to take photos try and ask for help from a nearby witness, or anyone who is there and willing to do so. The more pictures taken the better. 4. DO collect the names and contact information for all witnesses. Don’t assume they will be easy to contact from a police report, or by finding them on Facebook. Take the time to get their current contact information so your attorney can contact them later. Ask them to stick around until the police arrive so they can make a statement for the official report. Take pictures of their contact info if that is faster, and of them if they permit it. 5. DO get all of the contact information possible on the driver, including the make, model, color, and license plate number of the driver’s vehicle as well as all contact and insurance information for the driver. Use your cell phone to help collect this information and take photos of these important documents if you are able. As always, ask someone nearby to help and assist you in collecting this information if you are too injured to do so. 6. DO keep all of the GPS and Srava data from that ride. This information stored in your GPS devices (such as a Garmin, etc.) can provide helpful information about the events immediately prior to and during your bicycle accident. Many of these devices record helpful information about the % grade of the road, your speed, the time of day, the weather, and much more. This information can be helpful in establishing your own innocence in a bicycle accident, and can provide much needed details when fighting with an insurance company. Sometimes police officers wrongly issue citations to cyclists and these citations can be better overturned when we have data to support our position. 7. DON’T discuss any aspect of the bicycle accident case with the driver. Sometimes we inadvertently say sorry to the driver even though we cyclists aren’t at fault. These and other similar statements can and will be seized by the insurance companies and at fault drivers as some sort of confessional to liability. When the cops arrive and start taking statements the driver may inform the cop of your “sorry” statement and may begin to assume that you are at fault. It is certainly OK to listen to the driver go on and on about the accident, especially if he/she is admitting fault. But you should never say anything about the accident. Seriously, say nothing at all – don’t talk about curvy the road was right there, or how crazy fast the light changed, etc. Say nothing. 8. DON’T leave the scene of the accident until the police have told you that you are free to go. Unfortunately, leaving the scene of an accident is actually a criminal violation in Arizona. Never leave until you have been told you are free to go. Additionally, you may be so nervous and anxious that you just want to get right on your bike in spite of the pain and the injuries you suffered and just quickly ride home (if the bike is still even somewhat functional). Such a decision is not only criminal but can actually reduce or hurt your bicycle accident claim in a serious manner as the insurance company may simply use it as evidence that you are not really injured. Many of us are pretty amped up after a bike wreck and the adrenaline alone can carry us home. Then a few days or hours later and we are in agonizing pain. Be smart and stick around until you are free to go and it is safe to do so. 9. DON’T negotiate with the driver. Not all that often, but certainly sometimes, drivers may feel guilty enough to immediately offer you some cash to just keep the accident “off the books” with their insurance companies. This is a huge mistake. Often the pain and damages sustained can only really be effectively understood after weeks and months of review, treatment, and analysis, etc. Any monetary sum you accept at the scene of the accident may very well terminate your case in its entirety. Only later you may realize how damaged your bicycle really is, or how much pain you really are suffering and what the real costs may finally total. 10. DO call an experienced bicycle accident attorney. Bicycle accidents are unique. There is a very real bias out there that drivers feel towards cyclists. There is a belief that as cyclists we are somehow at fault for these accidents for being “stupid enough” to ride on streets where cars also drive. This bias is not limited to just the drivers out there – I have seen it in police officers and insurance adjustors as well. Educating the police officers, the drivers, and the insurance companies on cyclists’ rights is the only way these cases end up receiving fair treatment. An experienced bicycle accident lawyer will be able to help identify the key issues in a bike accident that lend to a stronger medical and financial recovery. No cyclist should have to settle for less just because when they were in an accident they were riding a bike and not driving a car.
Arizona Bicycle Accident Attorney Ben Dodge
If you, or someone you know were injured by a dog in a bicycle accident, 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.
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. The day he fell in love with his job was the day he devoted himself completely to bicycle accident cases.
A Consultation With Experienced Arizona Bicycle Accident Attorney Ben Dodge is Free
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 (855.ONE.EZ.CALL). 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. Mr. Dodge 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 today at 1.855.663.3922. Reach him by fax at 480.656.8334.
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
Salt Lake City Utah Office 299 South Main
Salt Lake City, Utah 84111
St. George Utah Office
321 N. Mall Drive, Suite 103
St. George, Utah 84790
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. He has helped cyclists in New York, Texas, California, Washington, Colorado, New Mexico, Oregon, Utah, Pennsylvania, and Washington D.C.
Competing in this year’s race was a far cry from last years wet and rainy day. This year it was cold in the morning, yet it warmed up nicely by the end. Of course, for Phillip Tinstman the weather seemed to be no problem at all. Phillip Tinstman finished as the first place winner overall with an astonishing official time of 4:07:06.98, averaging 25.1 mph!
This year there were approximately 6,700 total riders. About 1,200 short from last year’s rainy event. I really enjoyed this year’s race, and not just because I made Platinum with a finish time of 4:54:57.57 and an average of 21.1 mph, but the whole atmosphere was upbeat and energetic! Cyclists from all over the world stopped by our booth at the expo the two days before the race – cyclists from Canada, Michigan, Mexico, Colorado, California, New York, Utah, Idaho, France, Germany, and more. I even met an older gentleman about 68 years old who completed 40 full length Ironman triathlons. What an inspiration to meet so many dedicated cyclists, new cyclists, and of course the returning cycling junkies who just can’t get enough. Like always, we were giving away a couple of bikes to everyone who signed up for our monthly newsletter. This year we had two fat tire beach cruisers. So many people had questions as to where you would ride them… often I would simply answer: “With tires like that you can ride them anywhere you want.” And that is the truth, those bikes are seriously fun to cruise around on.
El Tour de Tucson is typically one of the largest cycling events in the country and you can feel it in the air as you walk around and participate in this great ride/race. This year our firm sponsored 12 cyclists and we formed a team for the race. Most of the team wanted to make the Platinum cutoff. A few of them had already made the cutoff the prior year. To make Platinum a cyclist has to finish the course in less than 5 hours. This puts you in the top 15-16% of the cyclists competing. Your only chance at making Platinum is to line up early at the start line to get behind the fast cyclists, and at 3:30am it was a very brisk 41 degrees when many of us began to line up. Fortunately this year we had our team pop up shade setup and ready complete with hot chocolate, propane heaters, blankets and the works. So many of us on the Bike Accident Attorneys Team simply put our bikes in position at the start line and then made our way quickly to the team tent to stay warm until the start at 7:00am. The stories and nervous ticks played out well in the early morning hours and we mostly just laughed a ton resting warmly and comfortably until the start.
The race started out with a pretty quick pace continued for the first several miles with surges in speed and sudden bottle neck slowing that required braking so much that you could smell the carbon fiber race wheels all around you hot and burning with friction. Then of course quick sprints to catch up with the lead peloton, followed up with more sudden stops made for higher heart rates for most of us for the first 5 miles of the race. Lots of cyclists yelling out “slowing slowing slowing” in a panic of getting rear ended.
Somewhere in the 7-10 mile range there was the first wash we had to go through. This was comical at best. Some tried to ride through the sandy wash and most unclipped and walked through it. I was towards the front of the pack at this time and attempted to ride through it navigating around the walking cyclists. Then all of sudden one guy in front of me decided to unclip and walk without any notice. I tried to dodge him but to no avail I found myself unclipping one foot and braking too fast and instantly I was over my handle bars and face planted in the soft sand. Yes, the sand was soft as I can testify how soft as my face left a nice imprint in it! Feeling lucky it was sand and not at any other part of the course I checked out my bike briefly and began running it up the hill with the rest of the herd. Clipped in and kept going none the wiser of any other issues.
About 10-15 miles later a team mate riding alongside me notice my rear skewer was loosened and completely open. Every time I hit a bump I felt like my entire back end of my bike was coming out or my tire was so flat that the road conditions would surely require a complete bike tune up after the race. Of course, my skewer being completely open explained what I had been feeling the whole time! The roads are in fact terrible – but not that terrible. I had to tighten my skewer now or risk a dangerous accident later on. I must have kicked it open in my sandy face plant early on in the race. I felt lucky that nothing too terrible had happened thus far and decided that tightening it was a must. Stopping now for the 2nd time (1st the face plant) I quickly tightened the skewer and watched the main peloton surge forward. I jumped back on and sprinted to catch them. 2 miles later and completely winded I resigned to the fact that I was not going to catch them alone.
I found myself riding solo for a couple of miles until the next fastest peloton swallowed me up and offered the sweet relief of drafting. Sooner or later we ran into the first of several hills and I slowly fell off the back and met up with another quick group that I stayed with up until I had to use the restroom. Ever since we lined up at the start of the race I had to use the facilities BADLY. But with no time before the start I just decided to hold it. That decision came back to haunt me at about mile 60ish I couldn’t hold it any longer. A teammate riding with me also couldn’t hold it any longer. We decided that it was worth the stop and that we would try to make up the time later. We stopped at an aid station, grabbed a banana and hit the porta-john. It didn’t take long after that to realize that the stop was totally worth it. We both felt like new!
It was a grind the rest of the way to the finish line, especially the last 15-20 miles of head wind along the frontage road back into town. We did our fair share of pulling and kept our eye on the clock to make sure we came in under 5 hours. Then amidst the cramping and fatigue, we rolled in across the finish line with about 5 minutes to spare. What a relief. What a cool day. I love competing, and pushing alongside others who are giving their all for a goal. Its always a great experience and builds incredible camaraderie.
2014 El Tour de Tucson Bike Accident Attorneys Platinum Team
Of the 12 cyclists who competed, all but one made Platinum status. It was awesome to see so many on our team do so well. It’s even better to learn that most of the cyclists competing that day were able to avoid bike accidents and serious injury. In race that size there is always bound to be some injuries and some bicycle accidents. Racing can be tricky business with some many cyclists competing for a fast time. Fortunately this year there were only a few accidents and injuries. One of my own friends went over his handlebars and broke his collarbone. Even one accident is one too many. I love this sport, and love that my job is representing my fellow cyclists. Hope you all enjoyed the race as much as we did and look forward to seeing you out there again next year!
Many cyclists are growing concerned about race day accidents and the ever so important question of: “Who picks up the tab if you crash in a bike race?” Unfortunately, race day accidents are quite common. With the sheer volume of cyclists and the competitive nature of a race there are many opportunities for bicycle crashes and accidents on race day. There are also many types of bicycle race accidents. There can be bike vs bike, bike vs street defect, bike vs car, bike vs spectator, and more.
Each scenario is a different set of legalities and liabilities. Each accident is unique and should be discussed with a qualified and experienced bicycle accident lawyer. Lets explore some of the common scenarios together so you know how to better prepare prior to your next bicycle race.
Bicycle vs. Bicycle – Cyclist vs. Cyclist
Clearly the most common accident we face as competitive cyclists on race day is the bike wreck we encounter when another cyclist crashes into us. This can happen for so many reasons when drafting, or group riding, or sprinting in a peloton. Sometimes a neighboring cyclist is simply overly competitive and engages in handlebar knocking, or worse flat out hand to hand combat! Sometimes a neighboring cyclist simply isn’t paying attention and swerves too quickly to avoid other cyclists, a car, dangerous debris, etc.
Whatever the case, you always have the right to file a lawsuit against your fellow cyclist. This is usually the worst thing you can do. Typically your fellow cyclists don’t have any liability insurance which covers them if they cause a bicycle accident while riding their own bicycle. Lets not forget the huge issue of how rude it can potentially be to actually file a lawsuit against your fellow cyclist. What you were riding in a group with your friends? Are you really going to file a suit against them? I guess if your friend reached out and punched you in the face causing you to wreck your bicycle in your race I would consider filing suit as well! The better question to ask is whether or not there is “Event Insurance” purchased by the host of the race you are participating in. If a cyclist crashes into you because he/she was avoiding some danger under the control of the bicycle race (i.e. interfering race official, professional photographer, improperly managed aid stations, improperly marked turns on the course, improperly managed intersections or traffic control, and much more) then the event may be negligent and will most likely have an insurance policy which you may need to file a claim against.
Filing a claim against the Event Host’s insurance is tricky and you will want to ensure that a report is filed the day of your accident by the police, and the event staff. Make sure you assemble your witnesses prior to leaving the scene if at all possible. These claims may come with some strings attached, and will be difficult to bring, but they are often the only hope for race day bicycle accident victims.
Another often missed opportunity is for cyclists to purchase and carry their own Cycling Insurance policy. These policies will cover any accidental liability you cause, will also cover medical bills you encounter from an accident not of your own fault, and will often come with bicycle replacement plans and even rental bikes until your new bike can be purchased. These insurance policies are getting more and more popular amongst competitive cyclists and provide for a sense of security while competing in a cycling race. A quick Google search will lead you to several companies underwriting such policies. Some will even write you a policy for just the race event itself, others will write a policy for the entire year of cycling. I highly recommend taking advantage of one of these policies.
Bicycle vs. Street Defect
On race day we may encounter a street defect that can cause a major pile up when cruising at high speeds in a peloton. As is the case with event insurance claims you can explore whether or not the race host can be held liable for not knowing about the street defect; or worse – for knowing about it and not doing anything about it. There could be other potential theories of liability against the race host as well which are worth exploring with an experienced bicycle accident lawyer.
Another real scenario we can’t overlook is the possibility that the city, state, or county entity responsible for maintaining the roads used for the bicycle race are at fault for improper maintenance of the roadways. Sometimes seams in the roadway go unfixed for years until a cyclist gets injured and then the city, state, or county rushes in to fix it. Other street defects can include potholes, embedded objects in the surface of the roadway, and improperly designed roadways.
Your recourse here will be a lawsuit against the city, state, or county entity responsible for the defect. This suit may also include naming the event host as a defendant as well. Of course these lawsuits may be challenging to bring and will likely require the experience of a bicycle accident attorney. Finally, your own Cyclist Insurance can be very helpful here as well.
Bicycle vs. Spectator
One of the unanticipated bicycle accidents we see on race day is the third party spectator out cheering the cyclists on, or standing there sanctioned by the event host to snap race day photos of you speeding by on your bike. Whatever the case may be on the pedestrian vs. race day bicycle accident, looking for the race host and their liability is yet again a good place to start. Potentially the host is liable for not securing the proper barriers preventing the spectators from interfering with the cyclists during the race. Alternatively, the event host may be liable for sanctioning a photographer who is dangerously too close to the cyclist.
The spectator themselves could be held liable for negligently causing the race event bicycle accident and you would have the right to file a law suit against them as well. Doing so may only be a good idea if there are assets held by the spectator sufficient to pay out on your medical bills. This is rarely the case as the average American is in heavy debt and does not have much in liquid assets. Taking a look at this avenue of recovery is still a good idea to rule it out or confirm it as a viable recovery option.
Bicycle vs. Car
The obvious accident that occurs often is the cyclist on race day getting hit by a motorist. This happens all of the time. A distracted driver crossing the marked race day lane lines or cones and hitting a cyclist, or the motorist cruising through an intersection and hitting a race participant. Of course, there is the possibility of a cyclist colliding with a car for numerous other reasons as well.
The driver will be at fault for failing to see and yield to you as the cyclist. Their own insurance (if they have it – or have enough of it) should cover your damages when properly represented by an experienced bicycle accident attorney. Because you were hit by a car in this scenario, your own automobile insurance policy can potentially cover your accident so long as you have Uninsured Motorist and Under Insured Motorist coverage on your auto policy. Again, these claims may be difficult to bring and consulting with us is a good idea.
Then, lets not forget the ole event host may be liable yet again in this scenario. If the lanes were improperly marked by the event host or the traffic control was negligently handled by the event host, then they may also be liable as well.
Race Day & Event Bicycle Accident Attorney Ben Dodge
If you, or someone you know were injured during a hosted race or event and suffered a bicycle accident, hire a personal injury attorney who is experienced and has a successful track record with bicycle litigation. 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.
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. The day he fell in love with his job was the day he devoted himself completely to bicycle accident cases.
A Consultation With Experienced Arizona Bicycle Accident Attorney Ben Dodge is Free
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 (855.ONE.EZ.CALL). 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. Mr. Dodge 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 today at 1.855.663.3922. Reach him by fax at 480.656.8334.
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
Salt Lake City Utah Office 299 South Main
Salt Lake City, Utah 84111
St. George Utah Office
321 N. Mall Drive, Suite 103
St. George, Utah 84790
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. He has helped cyclists in New York, Texas, California, Washington, Colorado, New Mexico, Oregon, Utah, Pennsylvania, and Washington D.C.
The Arizona State specific report card is also below where we only received 42 out of 100 points:
Below is the LAB’s explanation of the criteria used to issue the report cards and provides a great perspective on the work we must still accomplish in our home state of Arizona:
