road debris Archives - Bike Accident Attorneys

Crack in the Road: Cyclist? Sorry We Only Pay For Motorists to Have Safe Roads.

Crack in the Road Bicycle Crash

I just ended a telephone call with an adjuster for the Arizona Department of Transportation (ADOT) regarding a bicycle crash my client suffered from a road that was poorly maintained. In fact, this road wasn’t maintained at all. Guess what he told me – as if I was surprised to even hear it: “The cyclist is at fault and should have seen the crack or at the very least been able to handle riding on a road with cracks since we don’t maintain these roads for cyclists. We maintain them for cars. If your cyclist has a problem with the road conditions then he should ride somewhere else.” WHOA! Not really surprised by this anti-cyclist approach to the problem, but still disturbed at his response I dug in and pressed for more of his ridiculous explanations. He went on: “Most of the funding we get is only for motorists. I can’t go around and pay out money to make cyclists whole every time they fall down because of a crack in the road. There are cracks all over and the cars seem to go over them just fine.” It’s as if he was declaring war on cyclists stating if a car can go over the crack so should we, or we should just avoid them by riding around on roads that don’t have cracks.

We have all been riding along a shoulder and have encountered some pretty nasty cracks or broken up sections of road. Most times we somehow navigate those dangerous road conditions with some luck and avoid terrible wrecks. But sometimes, there is nothing we can do and the giant crack in the road appears out of nowhere and instantly we are going head over heels in a full on tumbling session with a now mangled bike and several broken bones. Sometimes road conditions, traffic, road debris, can all appear very suddenly and force us to cross over a dangerous crack with little choice on our part as cyclists. In those moments we find ourselves holding our breaths and praying we survive. Cracks in the road can cause severe physical injury to a cyclist. They are not always avoidable or even seen until its far too late. Worse, many of the cracks seem to only exist in the shoulder area where cyclists are expected” to ride.

Dangerous road conditions for cyclists may not be so dangerous for motorists. However, until ADOT sees that poor road maintenance can lead to more dollars spent on cyclists injuries than on the road maintenance itself then they will continue to ignore the problem or blame the cyclists for it. It’s always about the money. Yes, its always about the money. The ADOT adjuster informed me that he wouldn’t mind fixing the roads if someone paid for it but he definitely minds paying for cyclists who wreck because of the roads – blaming the cyclists for riding on the roads in the first place.

In my client’s case we didn’t take no for an answer. It was a relatively small case with not very many medical bills in injuries. Yet he and I are very aware of the problem here in Arizona with ADOT and took the case for the principle of it to bring more awareness to the poor road conditions that exist throughout the state for cyclists. After originally denying liability they have finally succumbed to pay for all of his medical bills, replace his bicycle, and pay some money into his own pocket for pain and suffering. I doubt the road will be fixed and I’m guessing another cyclist may fall victim to this same road hazard someday. I’m also convinced that ADOT would have spent significantly less on fixing the road than paying out on my client’s claim. How many more of these crack in the road cases will it take before they start paving better roads and better road maintenance? I intend on helping pave the way case by case until we see results.

Arizona bicycle accident lawyer Ben Dodge

If you, or someone you know were injured in a bicycle accident caused by a road hazard or dangerous road condition, hire a personal injury attorney who is experienced and has a successful track record. Ben dodge, a licensed bicycle accident lawyer in Arizona, has dedicated his entire firm to one purpose: representing cyclists. Bicycle accident cases are the only cases Bike Accident Attorneys, PLC handles. Home based out of the great state of Arizona, Ben can still help cyclists in the entire United States.

Ben 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 represents cyclists injured in bicycle accidents, at the police station, with insurance companies, and in the courts. He advocates for the rights of all cyclists, not just his clients. He teaches the police about bike laws and bike safety, he educates drivers about the rules of the road, and he trains cyclists and clubs to ride more safely.

A consultation with experienced Arizona bicycle accident attorney Ben Dodge is free

In recent years there has been approximately 700 bicycle fatalities in the united states every single year. Approximately 2,000 bicycle accidents are reported in Arizona every year. approximately 30 fatal bicycle accidents are reported in Arizona every year. Bicycle fatalities are terrible and horrific tragedies that affect the lives of too many families and friends to count. Understanding your rights and obligations as a cyclist can bring clarity to your specific accident situation. It will always be in your best interest to be represented by an attorney who knows the bicycle laws and has a successful track record of winning bicycle accident cases. The negotiation tactics and strategies of winning a case are extremely important but should always take a back row seat to the litigation experience and knowledge of court room rules, local, state, and federal rules of civil procedure that can have significant impact on your bicycle accident case. It is wise to be represented by someone well versed in bicycle accident law, local and state bicycle ordinances, rules, regulations, policies, and laws. You should hire someone very familiar with negligence and tort law, civil procedure, and the rules of evidence as they all relate specifically to bicycle accident cases.

Ben dodge always offers a complimentary in person consultation to all local cyclists and a complimentary phone consultation to any cyclist injured in a bike accident. Typically the consultations are schedule from 30-60 minutes depending on the severity of the accident. You can expect to get answers to questions, clarity, information, and reassurance of your personal bike accident liability and potential for recovery. In your free consultation you can generally expect to discuss such topics as:

your specific bike accident details, diagrams, and pictures from your perspective and then from the perspective of your bike accident attorney.
the applicable local, state, and federal laws underlying your case.
your cyclist’s rights, obligations, and any potential liability.
the process, procedure (in and out of court), and the time frame required to conclude your case.
the value of your case and what you might expect as compensation.

You can call Arizona bicycle lawyer Ben Dodge of bike accident attorneys, PLC at 1.855.663.3922. Mr. Dodge’s staff is standing and ready to accept your call 24 hours a day, 7 days a week, every single day of the year. Ben will personally return your call within 24 hours. there is never an obligation for a complimentary consultation with Mr. dodge. His passion is in representing cyclists and his entire office stands ready to serve with kindness and patience.

Bike Accident Attorneys, PLC

Call Ben Dodge, the Bicycle Lawyer today at 1.855.663.3922. Reach him by fax at 1.800.958.8902.

Mr. Dodge can also be reached by email at ben@bikeaccidentattorneys.com

His main Arizona offices are located at:

Mesa Arizona (home base office)
4824 E. Baseline Rd., Suite 124
Mesa, Arizona 85206

Phoenix Arizona office
2415 e. Camelback rd., suite 700
Phoenix, Arizona 85016

Tucson Arizona office
One South Church Avenue, 12th Floor
Tucson, Arizona 85701

Mr. Dodge represents cyclists in the entire state of Arizona including but not limited to mesa, phoenix, tucson, yuma, gilbert, peoria, glendale, scottsdale, ahwatukee, tempe, chandler, prescott, sedona, flagstaff, surprise, kingman, page, lake havasu city, payson, goodyear, buckeye, queen creek, paradise valley, show low, winslow, maricopa, nogales, globe, avondale, cave creek, fountain hills, apache junction, carefree, wickenburg, pinetop-lakeside, strawberry, anthem, safford, and more. Ben Dodge is currently involved with bicycle accident cases all over the country and can assist in representation in all 50 states.

Bicycle Accident with a Pot Hole? or Road Debris? Who Picks up the Medical Bills?

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).

Government Liability

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.

Mr. Dodge can also be reached by email at ben@bikeaccidentattorneys.com

His Main Offices are located at:

Mesa Arizona (Home Base Office)
4824 E. Baseline Rd., Suite 124
Mesa, Arizona 85206

Phoenix Arizona Office
2415 E. Camelback Rd., Suite 700
Phoenix, Arizona 85016

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.