Posts Tagged ‘bicycle accident’

Will Lower Speed Limits in Seattle Lower The Chances For Bicycle Accidents?

bicycle accident, bicycle bad habits, bicycle helmet, hit-and-run, personal injury, Seattle bicycle accident lawyers, washington bicycle accident attorneys, Wrongful Death

October 17th, 2011: Law Blogger

Seattle is largely considered one of the biggest communities in the United States for bicycle riders and commuters. This is readily apparent when you drive the streets as most of the main thoroughfares feature white bicycles with riders and arrows showing there direction painted on the pavement. Some places have the symbol painted right in the middle of each lane of a two lane road giving the impression that the whole road is merely one big bike lane and that cars are tentatively given permission to drive on them.

This is all thanks to Mayor Mike McGinn, aka the “Bicycling Mayor” who rides to work on a regular basis. He has introduced more bicycle lanes, green safety riding zones in intersections, and an emphasis on education. Now he is taking his policies one step further and pushing a road safety initiative aimed at making Seattle streets safer for everyone by lowering speed limits in some neighborhoods.

Changing Seattle’s Speedlimit

The Mayor in conjunction with Cascade Bicycle Club, is appealing to state lawmakers, asking them to make it easier for cities to drop their speed limits through House Bill 1217. The measure has been floating around Olympia for most of 2011 and now interested parties are pushing harder on the heals of 10 cycling-related deaths already this year statewide.

HB 1217 specifically states, “Local authorities in their respective jurisdictions may establish a maximum speed limit of twenty miles per hour on a nonarterial highway, or part of a nonarterial highway, that is within a residence district or business district. A speed limit established under this subsection does not need to be determined on the basis of an engineering and traffic investigation. This subsection does not affect the requirement that local authorities conduct an engineering and traffic investigation to determine whether to increase speed limits.”

“We need to start think about each other’s frustrations, each other’s concerns, and how we can help make it easier to get home safely,” McGinn told KOMO News.

The mayor cites that this is not just for bicyclists, but also for pedestrian safety following Vancouver, British Columbia’s research showing the impact of speed on pedestrian safety in high pedestrian traffic areas. In 2012 Vancouver will be lowering their speed limit in certain areas.

However this is not a new concept. To deal with the problem of speeding in city limits, the San Francisco Municipal Transportation Agency (SFMTA) is also working on reducing the speed limit on a few major streets from 30 miles per hour to 25 miles per hour. Their internal Engineering and Traffic Survey results indicate that lowering the speed limit to 25 MPH is appropriate.

“These reviews and changes allow us to ensure that the speed limits are where they need to be to ensure the highest level of safety for automobile drivers, cyclists, pedestrians and Muni,” a SFMTA official said.

Bike advocates say speed reduction is just one option. They also want more speed bumps, signage and education. What they fail to mention is the potential in the number of car accidents.

Are Lower Speed Limits Safe for Drivers?

However, opponents suggest that it’s a cumbersome and expensive process from signage to informing the public as well as enforcement. Yet, municipalities who currently want to reduce speed limits have to fund costly engineering studies first. The proposed measure would eliminate this step and put lowering speed limits in cities statewide, including Seattle.

Data shows that the chances of death in a collision between a car and individual:

40 mph = 80%
30 mph = 50%
20 mph = 5%

Opponents may cite evidence that in some areas around the country, higher speed limits have lowered the number of car accidents, suggesting that perhaps lower speed limits are to blame for some injuries and deaths due to car accidents. This is supported by the fact that the areas that have benefited from higher speed limits are relatively remote, or free of pedestrians.

In 2008, for example, Purdue University reported that higher speed limits in Indiana had no impact on the number of car accidents. But anecdotal evidence shows that highways and city streets react differently to higher speed limits, due partially to the existence of pedestrians and cyclists within city limits. So this evidence may apply to some places in Washington State, but not in more densely populated parts of the Puget Sound area.

Seattle Bicycle Accident Lawyers

This can definitely be a polarizing issue for many in the Seattle area, particularly amongst those who feel that the city has directed enough time and resources toward bicycle and pedestrian safety already. However, with all of the news of serious personal injuries and wrongful deaths to both pedestrians and bicyclists due to speeding, municipalities around the state may not have a choice but try something outside of the status quo.

If you or someone you know has been seriously injured in a bicycle accident anywhere in Washington State then it is important that they find an experienced personal injury lawyer. Call the Bicycle Accident Attorneys at Phillips Webster for a free consultation.

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Tags: bicycle accident, bicycle bad habits, bicycle helmet, hit-and-run, personal injury, Seattle bicycle accident lawyers, washington bicycle accident attorneys, Wrongful Death
Posted in Auto Accidents, bicycle accident, personal injury, Wrongful Death

What Are Some Bicycle Bad Habits That Can Lead to Personal Injuries?

bicycle accident, bicycle bad habits, bicycle helmet, hit-and-run, personal injury, Seattle bicycle accident lawyers, washington bicycle accident attorneys, Wrongful Death

August 25th, 2011: Law Blogger

Whether you ride a bicycle for pleasure on the weekends or as a commuter in the Puget Sound area, you know that Seattle is one of the most prevalent bicycling areas on the continent. Not only that, it is also one of the most progressive when it comes to implementing policies that attempt to keep cyclists safe. As expected, they can only go so far, the rest is up to drivers and bicyclists.

Up until this year, bicyclists have enjoyed a personal injury and death rate due to bicycle accidents that is surprisingly low to the national average compared to accident-per-rider ratio. This year there is speculation that this trend could change as a series of very tragic hit-and-run accidents have happened in succession this spring and summer.

Bicycle Bad Habits

We would be remiss to suggest that any of these instances are the fault of the victim in any way. Generally bicycle accidents are caused by drivers that are distracted, speeding, or otherwise not paying attention. This is not to say that some accidents aren’t partially caused by the actions of some bicyclist with very bad habits.

These bad habits can seem pretty harmless and in some cases even mirror the bad habits that drivers engage in that cause bicycle accidents. This is demonstrated by the Seattle Department of Transportation (SDOT) 2009 traffic report, which cites some of the potential factors that contributed to bicycle accidents that year. As you’ll see, the report suggests that some of the factor could be prevented by some changes in bad behavior.

Weaving Through Traffic – Some bicyclists consider this one of the benefits of a bicycle believe it or not. As cars park on the street in a row waiting for the traffic ahead of them to do something…anything, bicyclists speed on by unobstructed by their bulk. This is the time when bicyclists should be most cautious as drivers can get frustrated and make sudden moves such as taking a right without regard to bike lanes.

Riding Against Traffic – This is actually illegal and can be extremely dangerous. It comes down to mathematics. When a car or truck is driving at one speed and a bicycle is traveling toward them at another speed, they encounter each other at a much higher speed that may not allow for proper reaction time in the event of a problem. This also increases the force in which they encounter each other, increasing the chance and severity of injuries or death.

Stop Lights – Part of the SDOT was observation. Researchers watching habits and counting bicyclists in a given intersection at a given time. You can do this yourself and if you do you will notice that there are some bicyclists that observe stop lights, some only use them as a signal to slow down then peddle as fast as they can through the intersection against the light. This is against the law. Almost all rules of the road need to be observed by both vehicles and bicyclists alike. The reason for this is that traffic requires a measure of disciplined predictability no matter who is on the road.

Look, No Hands – We’re not quite sure who is impressed with people who ride down the street without their hands on the handlebars, but we can tell you who’s not impressed; the EMTs who need to scrape the bicyclist off of the pavement and put them into the ambulance. This type of behavior only has one outcome, not being able to compensate in time to avoid sudden rocks, potholes, or drivers who aren’t paying attention. Please don’t do it.

Talking on the Phone – Is this a no-brainer? Apparently not, because bicyclists talk on the phone while riding more often than you think. Some don’t use headsets, others even text while riding! As crazy as this act seems it happens and no matter how tempting it is to answer the phone or talk wile riding, just like in a car, it lowers reaction time regardless of riding with one hand or using a headset. Please avoid doing this.

Fashion Sense – Okay, some bicycle gear can be a little bright and not flattering, but it is there to aid in cars seeing you. Wearing bright patterned clothing helps drivers see bicyclists against various backgrounds and in various conditions. Sure riding at night with dark clothing is a terrible idea, but bright glare is just as much of a detriment to bicyclists. That’s why bicycle clothing needs to have a dark and light ratio, unnatural color such as neon so that the rider contrasts against natural foliage, and some kind of reflective material. It may not look great, but it looks better than a body cast. And always wear a helmet, it’s the law.

Music – It is so important that bicyclists pay attention and hear the vehicles around them that we advise bicyclists NEVER listen to music when they ride no matter what. This is one of the largest complaint against the Toyota Prius, that it was too quiet for bicycles and pedestrians to hear it coming.

Riding on Sidewalk – Bicycle accidents happen all of the time on sidewalks as they can be far less level than roads and can have a series of hazards such as:

Low branches

Playing kids

Debris

Pedestrians

Animals on long leashes

Sprinkler spray

If you hit any of these things it is the bicyclist’s fault. Why? Because they aren’t supposed to be riding on sidewalks, that’s why. But perhaps the most hazardous part about riding on sidewalks is entering intersections. Bicyclists enter intersections much faster than pedestrians thus giving cars that roll into crosswalks or turning into the cross street far less time to react.

Puget Sound Bicycle Accident Attorney

Forming bad habits when riding a bicycle is so easy as people start following the same routes and letting their guard down. Though the streets may be the same, the drivers are not, and neither is the weather. Please, when you ride, follow the rules of the road and always be on alert. It only takes a split second to get injured or killed in a bicycle accident.

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What is Seattle Doing to Keep Bicyclists Safer?

bicycle accident, bicycle helmet, hit-and-run, personal injury, Seattle bicycle accident lawyers, washington bicycle accident attorneys, Wrongful Death

August 4th, 2011: Law Blogger

The Mayor of Seattle, Mike McGinn, is known as the “bicycle mayor” for many reasons. One is that he started out being a community advocate for safe communities and cycling was one art of that. Another reason is that he often commutes on his bicycle to work. If you were worried about that fact, it’s for good reason, because so was Mike. Perhaps that’s why there have been some major improvements to bicycle safety in the last few years since his election.

Now we will be able to gauge the effectiveness of his improvements since the Washington State Department of Transportation (WADOT) released it’s 2009 report on Seattle traffic regarding bicycle and pedestrian accidents and the stats are promising. It shows a significant rise in the number of bicycle commuters as high as 15% from the count in 2007. But with more bikes on the road are the improvements going to keep them safe?

Old and New Ideas in Urban Bicycle Safety

What WSDOT does is send people out to significant areas where bicyclists enter the city and have them count the number of bicyclists entering and leaving. The traffic data is collected in 15 minute intervals over a random number of survey days in varying weather conditions. They then take the tally and average over twelve months the estimated number of bicyclists commuting.

This program is called the “Cordon Count” program which does a good job of tallying general trends, but does not take into account those bicyclists who use bicycle racks on the front of transit buses. The reason that many bicyclists choose to commute that way is that entering the city can be more dangerous than riding within it because of some of the major safety improvements made in Seattle over the last few years.

Seattle Bicycle Safety Improvements

Bike Lanes – These can be found all over the country and they’re great if people are aware of how they work. You see, as they keep bicyclists safe there are also dangers that bike lanes create once they are installed.

Turn Lanes – Drivers need to be aware when they approach intersections. Bike lanes keep on going forward at intersections, which forces vehicles to cross them to make a right hand turn. This can be a hazard to bicyclists.
Vehicle Speed - Just because a bicyclist is in a bike lane doesn’t mean that cars can speed past them. They are still effected by wind off of vehicles, especially large vehicles. Please slow down regardless of the fact that there’s a bicycle lane.
Exiting – Some people like bike lanes because they get a little more room to exit their vehicle when they parallel park on the street. Unfortunately, this gap causes some drivers to be less aware when they open their door. Please always check when exiting the car.

Green Zones – This method is fairly unique to Seattle and is being closely watched by other municipalities. It is an area at the head of traffic in an intersection where bicyclists can gather. Since bicyclists need to heed the rules of the road much like any other vehicle, this allows them to wait for the light and also make other drivers waiting aware of their presence. This keeps bicyclists honest and is intended to increase safety. These green zones also cover some bike lanes in suspected problem areas where motorist might be less aware of the bike lane. The Green Zone concept is still in testing phase and it’s value hasn’t been fully assessed as of yet.

Road Diet – The road diet concept is being implemented and closely monitored around the country. It also has many vocal opponents, generally by people who drive oversized vehicles. A road diet reduces two-lane roads to a one-lane road with:

Parking – to promote commerce
Bicycle lane – to reduce congestion
Left hand turn lane – to reduce traffic back ups

This has been implemented in a few roads around the city with what advocates say is great success. Opponents say that it creates congestion by lowering the average speed of the road. This makes advocates of bicycle and pedestrian safety (such as the staff at Phillips Webster) smile, since slower speeds means fewer injuries.

Do More Bikes Mean More Injuries?

Seattle bicycle accidents are largely higher for the population as compared to the rest of the country. This has been generally blamed on the fact that Seattle has more bicycle riders and commuters. As you can see (below), that number is steadily rising. If we keep the same line of thinking, will this translate to more bicycle injuries and deaths?

Law enforcement, city officials, and bicycle safety advocates are hoping that the safety policies that they have put in place are going to curb the number of bicycle injuries and death, but this year isn’t looking good. The number of bicycle deaths in Seattle match that of the last two years (eight as of this article) and we’re only half way through. Another disturbing trend is that there have been a couple hit-and-run accidents meaning that these are felony crimes. A much more foreboding trend.

Seattle Bicycle Accident Lawyer

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Tags: bicycle accident, bicycle helmet, hit-and-run, personal injury, Seattle bicycle accident lawyers, washington bicycle accident attorneys, Wrongful Death
Posted in Auto Accidents, bicycle accident, car accident, personal injury, Wrongful Death

What Are Some Tips to Bicycle Safety in Seattle?

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February 17th, 2011: Law Blogger

Mayor Mike McGinn and many people in the Seattle City Council want to increase the number of bicycle riders in Seattle by making the city the safest and most bicycle friendly city in the nation. The aim is to triple the number of bicycle commuters by 2017.

This is going to be done through a series of studies, initiatives, and education, the cogs of which had been turning years before Mike McGinn took office. But with the help of the thousands of bicycle advocates in the area and voter support some of the simplest ideas are actually coming to fruition.

Certainly there are tons of things that bicycle riders need to do to keep themselves out of harm’s way.

Bicycle Safety

The largest responsibility for bicycle safety is by the individual biker. Experience and education is key. The term “like riding a bike” only refers to staying on the bike, not staying alive while you ride through the dangerous streets of the city. The best way to learn about keeping safe is to join a local riding club and keep up on local issues, but here are some quick tips.

Tips to Safe Riding In Seattle

Watch Out For Tracks – There are wayward train tracks to both somewhere and nowhere in Seattle. The city used to have one of the most extensive trolly systems in the country, but now they are just major bicycle traps criss-crossed throughout the city and the subject of a fairly large lawsuit currently in courts. DO NOT turn on tracks, cross them in a perpendicular fashion or you will find yourself eating pavement.

Watch Out For Busses – Even with the big mirrors they can’t see you. Never pass a bus on the right-hand side or ride along side a Metro Transit bus. They stop often, have a tendency to hug lines of parked cars much to the chagrin of side-view mirrors, and can be aggressive drivers at times because they have to. Seattle bicyclists know to give them a wide berth.

Wear a Helmet – It’s good for the brain. You’ll need that in the future.

Follow Traffic Laws – All laws that apply to drivers apply to bikers (including speeding and riding drunk). In fact there are MORE laws for bikers such as:

Don’t ride on the sidewalk. RCW 46.61.770 In addition, local governments may adopt ordinances banning cycling on specific roads or on sidewalks within business districts. See City, County and Regional Contacts to get more information on a specific area.

Wear a helmet. Localities Requiring Bicycle Helmets

Know the roads you aren’t allowed to ride on. State Highway Sections Closed to Bicycles

Wear the proper gear at night. RCW 46.61.780

When riding on a roadway, a cyclist has all the rights and responsibilities of a vehicle driver (RCW 46.61.755). Cyclists who violate traffic laws may be ticketed (RCW 46.61.750).

Kids are allowed to ride of course, but parents or guardians should ride with them to avoid traffic violations. (RCW 46.61.700).

Riding Side By Side – Cyclists may ride side-by-side in the city, but not more than two abreast. By doing this let us warn you that you aren’t making any friends and may be creating a hazard for both you and your riding companion due to frustrated and impatient drivers who are less sympathetic to the safety of bicyclists. Ride side by side in low traffic areas and adjust to single file if cars are not able to pass safely. (RCW 46.61.770).

Hills – Hills are a forgone conclusion in Seattle, you will be riding up at least one large one. When riding up, watch how much you are rocking the bike side to side when you pump the pedals. Cyclists get clipped on the left this way. When going down the hill use restraint, cars will merge into the road with barely a look.

Trails – Seattle is fortunate to have one of the longest urban trails in the country, the Burke Gilman Trail. There are also many shorter trails that feed into it or are separate from it, but please be aware that these trails always cross vehicle traffic areas. This is considered a pedestrian crossing and becomes subject to normal traffic laws. Increase awareness in these areas.

Potholes – They are many and they are deep. Swerving suddenly into traffic is not an option. Use your far sight to try to identify them, ride at a reasonable rate to avoid them, and learn how to bunny-hop your bike in times of need because potholes in Seattle are notorious.

Brick Streets – Seattle had them and still does in places. They are terrors to bikes and the type of brick old Seattle used is virtually impossible to ride on with thin tires in some places. These streets will also show up in odd places and can be seen through potholes, because the city just paved over them rather than replacing them. Be extra careful in Pioneer Square and on side streets where you see old houses or buildings.

One Way – One-way streets suddenly pop up in Seattle. Be very aware of them because riding against traffic on these streets is a terrible idea.

Side Streets – Don’t you love all of the trees in Seattle? So do we, but that means that there are tons of blind corners and cracked/lumpy streets on residential roads everywhere you ride. Be careful. Cars don’t seem to see bicycles in these streets.

Seattle Bicycle Accident Lawyers

Injuries suffered in bicycle accidents can be some of the worst because the cyclist usually never sees it coming. They are tooling along one moment and the next thing they know they are being loaded into an ambulance. That’s why helmets are essential. Please wear one every time you ride.

If you or someone you know has been seriously injured in a bicycle accident then it is important that they find an experienced personal injury lawyer. Call Phillips Webster for a free consultation.

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Tags: bicycle accident, pedestrian accident attorneys, pedestrian accident lawyers, pedestrian accidents, Seattle bicycle accident lawyers
Posted in bicycle accident, personal injury

Can Bicycle Helmets Really Prevent Brain Injuries?

bicycle accident, bicycle helmet, head injuries, personal injury, rotational force injuries, Seattle bicycle accident lawyers, washington bicycle accident attorneys

February 3rd, 2011: Law Blogger

There are a couple of indisputable facts about bicycle helmets that almost all cyclists can agree upon, 1) bicycle helmets leave you with horrible hat hair unless you have your head shaved and 2) there isn’t a bicycle helmet on the market that looks good on. Aesthetics aside, helmets are required to be worn by all in the state of Washington in order to protect bicyclists from traumatic brain injuries. Of course there are some who dispute this law.

According to the bicycle helmet research foundation, if bicycle helmets are effective in reducing head injuries, and in particular if the more optimistic predictions for their effectiveness are true, then it is reasonable to expect to see a reduction in head injuries. However, the foundation says there is no whole population data from anywhere in the world to confirm these predictions.

Rotational Force Injuries

Regardless of Washington State’s $30 no-helmet fine, bicyclists can be seen riding in and out of traffic in Seattle and other towns and cities in the state with their hair flying free. Some say they are taking a tremendous chance, but many bicyclists disagree. They point to research suggesting that rotational force causes most of the fatal and disabling brain injuries in road crashes, but there is no assurance that cycle helmets can mitigate it. Indeed, there is some evidence that cycle helmets may increase it.

Rotational force brain injuries happen because the head rotates around its point of articulation, which is the neck. This causes the brain to rotate within the skull tearing the veins. The abrupt rotation of the brain causes bleeding which results in a subdural hematoma, a build up of blood, which causes pressure to build up in the brain usually resulting in death if not treated right away.

You see, the human skull is not perfectly round so the brain not only spins as a whole but some parts within it spin at different rates. This sets up additional shear forces inside the brain itself. This stress within the brain results in tearing of nerve fibres and tiny veins within the brain. This is called Diffuse Axonal Injury (DAI).

There are two different types of force at play whenever an impact occurs:

Linear Force – Caused by a straight and direct impact (such as when a ball hits a wall without rotating); it consists firstly of blunt compression (the hit) and then a reaction (the bounce) causing direct injury to the point of impact and potential further injuries following a straight line into the brain.

Rotational Force – Causes the head to rotate around its point of articulation at the top of the spine as it is hit.

Can Bicycle Helmets Really Prevent Brain Injuries?

In the mid 2000s there was sort of a bicycle helmet frenzy that washed through Western countries. Many nations and states throughout the United States implemented helmet laws with the forgone conclusion that naturally a helmeted head was a protected head. Then came the studies.

The British Medical Academy conducted a study of data collected by hospitals between 2002 and 2003 to determine the effectiveness of bicycle helmets. The outcome was quite surprising.

Hospital admissions for head injury:

All causes: 30,533
Cyclists: 2,183
Cycling represents 7.1% of all head injuries

Proportion of all injuries that involve head injury:

All causes: 34.2%
Cyclists: 37.6%
Pedestrians: 43.7%

Serious head injuries:

All causes: 5,875
Cyclists: 385 – 550
Pedestrians: 4,564
Cycling represents 6.5% of all serious head injuries

Deaths due to head injury:

Cyclists: 10
This represents 53% of child cyclist deaths

Serious head injuries involving a motor vehicle

Cyclists: 86
Pedestrians: 384

The data revealed that requiring helmets for pedestrians to walk down the street was a far more sensible solution than requiring bicyclists to wear them since there is such a disproportional number of pedestrian head injuries.

Is it a problem with the helmets themselves?

The notion that there may be a problem with the helmets has been floated out there by many skeptics and advocates alike. There are people who certainly swear that bicycle helmets saved their life and that very well may be true, but is the presence of the standard bicycle helmet going to make a difference?

According to a report by Brian Walker, one of the world’s most prominent helmet test experts, most helmets are physically incapable of sustaining impacts of the type associated with serious crashes; helmets provide protection only in low impact crashes under favorable circumstances.

He pointed out that consumer tests of cycle helmets have shown that many helmets do not meet the standards to which they are accredited and only a very few helmets meet the higher standards most relevant to real-life crashes. The manufacturers of all forms of safety helmet have to sell their goods in a brutally competitive global market. With very few exceptions, safety helmets are made down to the lowest standard permitted within a given ‘local’ market.

In his report he show that helmet manufacturing standards and the unit’s ability to protect the head has been going down considerably since the 1990’s and that this problem on the manufacturing level may cause more injuries due to perception.

Research has shown that helmeted cyclists are more likely to hit their heads if they crash and may be more likely to crash in the first place. The disproportionate number of helmet wearers who believe that a helmet has saved their life is further evidence that helmet use might adversely affect crash involvement or outcome.

Risk compensation by cyclists who wear helmets has been confirmed in research. It is also reflected, where helmet use is voluntary, in the much higher levels of helmet wearing by cyclists riding on busy roads.

Seattle Bicycle Accident Lawyers

Bicyclists purchase helmets with the understanding that the helmet will perform the function that the helmet manufacturer promises in their literature. Yet, many times the helmet doesn’t even perform its simple function in the event of minor accidents. There is little a helmet can do in rotational force injuries, but that doesn’t need to be exacerbated by a broken skull.

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Tags: bicycle accident, bicycle helmet, head injuries, personal injury, rotational force injuries, Seattle bicycle accident lawyers, washington bicycle accident attorneys
Posted in bicycle accident, Head Injury, personal injury

House Bill 1018 Sets Rules Between Cars and Bikes to Avoid Injuries From Bicycle Accidents

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January 4th, 2011: Law Blogger

If you are a regular reader of this blog then you know the concern we have about the increasing number bicycles on the road and the rider’s safety. Thousands of bicycle riders suffer personal injuries from bicycle accidents every year around the country and many of them happen right here in the Northwest since we’re one of the largest bike riding populations in the country.

In fact, the bike riding population is such that Mike McGinn, the Mayor of Seattle, was helped into office on his civic record, which focused largely on bicycle safety. Since he has implemented some major changes in the way bicycles and cars interact in the city. Now, his zeal has ridden out of the Seattle city limits and into the state legislature in the form of House Bill 1018.

House Bill 1018

Sponsored by Rep. Jamie Pedersen, D-Seattle, himself an avid bicycle commuter, House Bill 1018 would change several sections of state law relating to bicyclists and autos on the roads. The bill will be presented to lawmakers in Olympia when they gather in Olympia next week.

The bill is actually a provision and further definition of laws that are already in place, but were considered a little vague by the cycling community. Much of the verbiage seems like common sense to a bicycle rider, but has flared some debate in the wider community and even some content amongst some who feel that bicycle riders have too much leeway over the flow of traffic as it is.

In a new section of legislation the bill states that “every driver of a motor vehicle shall exercise due care to avoid colliding with any bicyclist and shall when necessary to avoid an imminent or likely collision give warning by sounding the horn or an appropriate verbal warning.”

The measure defines the safe distance in which the car may pass based on the speed of the vehicle. If the car is going less than 35 mph, the must keep 3 feet of distance between the car and the rider and 5 feet of distance for above 35 mph.

This of course raises the question of bikers on shoulders of one lane highways with oncoming traffic. The bill would also require bicyclists to ride as near to the right or left side of the streets or on a paved shoulder when there is traffic and the bicyclists are going slower than the posted rate of speed.

The bill certainly doesn’t exclude bike rider responsibility, particularly regarding pedestrians. It adds language stating that “every person riding a bicycle shall yield the right of way to a pedestrian on a sidewalk, crosswalk, or multiuse trail or path; however, the pedestrian is not relieved of the obligation to exercise due care.”

Bicycle Accidents

In 2008, Rep. Pedersen sponsored a similar bill concentrating on driver responsibility. It successfully passed the House but stalled in the more conservative Washington Senate. At the time, Pedersen said there were concerns that the bill didn’t spell out what bicyclists should also do.

“Part of the attempt in this bill is to signal it’s the responsibility of everybody using the roadway to take care to avoid collisions,” he said. “…the point here is to just bring attention to the issue.”

Pedersen said if his bill passes it would help raise awareness as more people use bikes or walk as a means of transportation. He told the Post Intelligencer that he doesn’t expect “police are going to be out there with a yard stick” issuing citations.

He bikes every day from Capitol Hill to his office in Downtown Seattle.

“It’s astounding to me how many times people will whiz by me at 35 or 40 miles per hour, thinking that if they haven’t hit my handlebars they’ve passed at a safe distance,” Pedersen said. “If they’re not leaving enough space, there’s going to be an accident.”

Seattle Bicycle Accident Lawyer

The importance of this bill lies in the fact that some bicycle riders are more experienced than others. Some seasoned riders can tolerate traffic passing them and don’t get flustered by the occasional rush of wind by a passing truck. Other bicyclists may need a little more of a wide berth and a slower pace in order for them to feel comfortable riding on city streets.

Sure, it’s easy to say that people without the necessary experience should stay off of the road and ride on trails, but that is an unreasonable explanation since it is so subjective. What happens is that cars that don’t slow down or aren’t sensitive to bicycle riders force them into pedestrian walkways where people simply turning a corner can get taken out by a bicycle no matter how slow they’re riding.

Bicycles riding on the sidewalk are also more prone to be hit by a car as they cross intersections because motorists don’t expect anything faster than a jogger to show up in the crosswalk. A prime example of this was in November of 2010, when two kids on bicycles were hit in two separate incidents because they were entering the intersection from the sidewalk. One of the kids was hit by a police cruiser!

Please heed the new provisions if they are passed and show patience. It’s safer for everyone.

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Tags: bicycle accident, pedestrian accident attorneys, pedestrian accident lawyers, pedestrian accidents, Seattle bicycle accident lawyers
Posted in Auto Accidents, bicycle accident, car accident, pedestrian accident, personal injury

Man Suffers Memory Lapses After Sustaining Head Injury in Seattle Bicycle Accident

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December 30th, 2010: Law Blogger

Head Injuries suffered in a bicycle accident were far more common before helmet laws. But bicycle helmet don’t completely protect against all types of head wounds, especially those involving the jostling of the brain. This can lead to blurred vision, blacking out, hemorrhaging, or as is the case in the bicycle accident last night, memory loss.

Lt. Sue Stangl from the Seattle Fire Department said a man in his 40s was riding a bicycle near the Woodland Park Zoo when he and a car collided causing him to fall from the bike and slam his head on the ground.

When police arrived they said that he didn’t appear to have life threatening injuries. Emergency workers said that the man couldn’t remember much. They weren’t sure if the man was wearing a helmet or not.

The injured bicyclist was transported to Harborview Medical Center as a precaution as head wounds, if there is even the slightest tear in the brain tissue, can lead to a slow, but sudden death.

The driver of the car was not injured.

Head injuries can cause a patient to show no signs of impairment or injury, but later can pose a massive problem as the brain swells. The telling signs of a serious head injury is dilated eyes, blurred vision, slurred speech, and staggered walking or lack of orientation. If the person displays any of these symptoms it is best that they visit the hospital.

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Tags: bicycle accident, head injuries, personal injury, Seattle bicycle accident lawyers, washington bicycle accident attorneys
Posted in Auto Accidents, bicycle accident, car accident, Head Injury, injury collision, personal injury

“Drive Nice, Tacoma.” Campaign Hopes Humor Raises Awareness to Pedestrian Accidents

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December 28th, 2010: Law Blogger

Pedestrian accidents and bicycle accidents are a serious problem across the country as more people get out of their cars due to health awareness and higher gas prices. Some economists speculate that gas is going to rise $2 per gallon by 2012. This just means more and more people are going to be on the sidewalks and riding in bike lanes. That translates to many more injury accidents.

There are municipalities around the country starting initiatives to curb this trend. In Seattle, bicycle advocate and Mayor Mike McGinn put green bicycle zones at busy intersections so that bicycles could be safely in front of traffic when the light turns green. That way drivers are aware of the cyclist and can take proper precautions when passing them.

New Jersey is taking a more “big brother” type of approach by putting plain clothed police officers at intersections to act as pedestrians. It’s a little cloudy as to what the campaign is supposed to achieve, either the police are supposed to be moving targets or they’re around to catch drivers who hit pedestrians. Either way, residents are now going to enjoy the presence of plain clothed police wandering around watching them…cross the street that is.

Yup, every city has its ideas, and Tacoma has decided that humor will not only stick in people’s minds but also help protect pedestrians and bicyclists.

Sign, Sign, Everywhere A Sign

The “Drive Nice, Tacoma” safety campaign is placing the yellow-and-black caution signs on Pierce Transit buses and shelters and the Link trolley. The campaign is a joint project of the city and the Tacoma Pierce County Health Department, which both have an interest in encouraging people to walk and bike – and keeping them safe when they do. The agencies were able to get a grant from the Washington State Department of Heath (DOH) to pay the $25,000 cost.

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“We wanted a campaign that would make people stop and think, so we used very clear and recognizable images,” explained Diane Wiatr, mobility coordinator/urban planner for the City of Tacoma. “We also wanted to take a tone that was humorous rather than preachy and Rusty George Creative developed these ads that we hope really hit the mark.”

The city is also going to give away, “Drive Nice, Tacoma” bumper stickers to drivers to get more mobileawareness. They will also send out postcards to residents with a list of do’s and don’ts:

Don’t honk at or harass pedestrians or cyclists.
Every intersection is a crosswalk. Expect pedestrians.
Use extreme caution in residential areas and around schools and playgrounds.
Before you turn, yield to bicyclists and pedestrians.
Look for bicycles before you open your car door.

Tacoma Personal Injury Lawyer Helps Victims

These precautions are particularly important in the Puget Sound area as it is one of the most active cycling and walking areas in the country despite the rain. Washington State Department of Transportation is in the throws of experimenting on different methods such as the “road diet”, reducing two lane roads to one lane with an expanded bike lane and parking. They are also creating more rural road walking and biking paths in order to curb people being hit as the walk and bike on thin shoulders, particularly when the sun goes down as early as 3:30 in the northwest during the winter.

We support any initiative that lowers the number of car accidents, bicycle accidents, and pedestrian accidents. These types of important changes all add to the “Target Zero” initiative proposed by Governor Gregoir, which aims to eliminate all vehicle fatalities by 2030. Along with seat belt laws and stiff drunk driving laws these may all add up to a successful campaign.

Phillips Webster represents families of victims who have been injured or died in car accidents in Washington state. They are skilled attorneys in wrongful death lawsuits and personal injury lawsuits with years of experience that they will use to assure the you get the compensation you deserve. Call today for a free consultation.

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Tags: bicycle accident, Car accidents, pedestrian accidents, personal injury attorney, personal injury lawyers, Tacoma, Washington car accident attorneys, Washington car accident lawyer
Posted in Auto Accidents, bicycle accident, car accident, pedestrian accident, personal injury, Wrongful Death

Bicycle Accident Victim Succumbs To Traumatic Brain Injury After 2-Month Struggle

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December 21st, 2010: Law Blogger

It was just another day as Matthew R. Hardie of Spokane hopped on his bike and started his ride to work in October of this year. He was headed north on Lincoln Street towards the heart of downtown Spokane. He came down the hill to the intersection of Fourth Avenue and Lincoln when police say he ran into a car.

He was thrown from the bike and suffered, amongst other injuries, a traumatic brain injury. The 32 year-old man was rushed to the hospital where he remained until Thanksgiving when he was moved to a hospice and was treated until his death on December 14th. It is unknown whether he regained consciousness. According to the blog recorded of his family and friends, he fought bravely through pneumonia, even breathing on his own at times, but that may have been what finally made the struggle just too much for him to overcome.

Generally with these TBI cases that end in death, the patient rarely becomes fully lucid and only shows signs of brain activity such as eye movement or twitching. Sometimes, on rare occasions, the patient has a chance to be momentarily cognizant of their surroundings prior to expiration. It is unknown whether Hardie was one of those patients, but it sounds like he touched everyone around him while he was alive and even as people rallied to his side in his time of need.

“There is no one in the world like him, and that is as evident in the great group of people who care about him as it was in his gap smile, his laugh, his unmatched sense of humor, giant heart, and his marvelous intellect.”

Our condolences go out to his friends and family.

His was the third bicycle fatality this year in Spokane and the fourth in the region after a Spokane to Sandpoint relay support rider was killed on Aug. 14 near Blanchard in North Idaho.

That was due to a drunk driver, in fact, two of the three deaths were due to drivers under the influence. Though Spokane is not even as close to as large as Seattle, their bike fatality numbers hover close to those of Seattle. Seattle has more bikers per capita, but it is also a more bicycle friendly town with weather that’s more conducive with the sport.

Hopefully the city of Spokane can look deeper into this issue and perhaps consider following in Seattle’s footsteps by creating a more bicycle friendly city. Things that help are (of course) bicycle lanes, bike signs near playgrounds and parks, longer pauses between red light changes allowing the intersection to clear, and a local bicycle awareness campaign geared towards all bicyclists, not just kids on bikes.

Matt Hardie leaves behind a wife and a son. If you feel like helping the family there are instructions on the their blog.

Phillips Webster represents victims of bicycle accidents and their families through personal injury lawsuits. The car insurance companies have legal representatives on their side to secure their best interest and you should too.

Call Phillips Webster today for a free consultation.

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Tags: bicycle accident, brain injuries, Brain Injury Lawyers, personal injury, washington bicycle accident attorneys
Posted in Auto Accidents, bicycle accident, Brain Injury, car accident, injury collision, personal injury, Wrongful Death

“New Car Smell” Blamed For Bicycle Accident That Left Doctor With Spinal Cord Injury

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December 14th, 2010: Law Blogger

We don’t bring you stories outside of Washington State very often because the Puget Sound is where we live and work, but this story was too amazing to pass up. It is in Colorado regarding a hit-and-run bicycle accident in which the defendant’s attorney is blaming the accident on smell coming off of the upholstery of the new Mercedes the suspect was driving.

Martin Erzinger was driving a new 2010 Mercedes sedan along the highway about 1:30 pm on July 3 of this year when he suddenly veered off of the road toward the ditch on the shoulder and rear-ended bicyclist Dr. Steven Milo who was riding on the shoulder.

Erezinger then proceeded to travel another 265 feet through the ditch along the highway, only coming to a stop he hit a concrete culvert. That’s when, his attorney says, the suspect woke up.

You see, Erezinger and his attorney say that he had fallen asleep, which is very possible since they claim the defendant suffers from sleep apnea. Sleep apnea is a sleep disorder suffered by millions of people, which is also a breathing disorder that keeps them from reaching full REM, thus the sufferer never gets a full night’s sleep and is constantly tired.

“Defense experts say sleepy people don’t know they’re sleepy, and that’s why Erzinger is more likely than some to fall asleep at the wheel,” the defendant’s attorney says.

But this disorder does not exonerate the defendant from blame nor the fact that he caused Milo serious personal injuries.

New Car Smell

But it is the sleep apnea that is the key to what the defense says is the real crux of the problem. Court documents say that Erzinger had purchased the car about a month before the accident. The defense hired John Koziol of Koziol Forensic to investigate the accident.

Koziol found in his investigation that the new Mercedes was emitting “new car fumes,” court documents said. It might have been a contributing factor.

“Harmful and noxious gases emitted from the upholstery can infiltrate the driver’s compartment and potentially alter the driver,” Koziol wrote.

In his report Koriol writes how the Mercedes performs, how it’s constructed and how Erzinger came to be driving through the ditch alongside Highway 6.

Erzinger suffered a temporary loss of consciousness or simply fell asleep, Koziol wrote.

In reconstructing the scene, Koziol found that Erzinger drifted onto the shoulder, off the edge of the road and into the ditch — the same finding as police reports.

“There was no variation from that path,” the defense attorney said. “There was no evidence of braking and the driver was unaware he had struck anyone.”

Koziol concluded that the same thing in the police report that the defendant drove into the ditch and did not attempt to brake. He also concluded that (1) Erzinger was driving between 28-32 mph as the car drifted off the roadway; and (2) It’s difficult, if not impossible, to observe anyone behind the car from that position and angle.

This second point is important because the defense says that he was unaware that he had hit Milo and did not wake up until after the car had hit the concrete culvert, but the prosecution disputes that fact.

“In fairness to Erzinger, if anyone has a bad night they can doze off during the day,” the prosecutor said. “But in discussing it with experts, it appears that if you doze off and wake up, especially in some high-stress situation like driving down a ditch and into a concrete culvert, it snaps you wide awake. After he hit Dr. Milo he woke up and navigated his vehicle.”

This point is very important in Milo’s potential further action of seeking compensation for the personal injuries and life long pain and suffering he faces due to the accident.

Potential Personal Injury Lawsuit

Milo, 33, is a professor and liver transplant anesthesiologist at a New York hospital. He is married with two small children. His wife was seven months pregnant with their second child at the time of the accident.

Since the accident, prosecutors say that Dr. Milo had to grow a beard to cover some of the facial scars. But worse is the serious spinal cord injury he suffered. Milo’s spinal fluid leaks, causing debilitating headaches. They also say that the effects of the spinal injuries will probably never go away.

“He will always have pain,” prosecutors told the court. “He will have to have surgery and he won’t be able to do many of the athletic things he has been able to do, especially as he gets older.”

Personal injuries can lead to further complications and serious consequences for the victim later in life. That is why it is important that justice is served in this case so that the victim can seek the proper amount of compensation. Milo’s attorneys are doing everything they can to make sure that happens, but it seems they may be fighting an uphill battle.

Milo’s attorneys and the public protested the decision by the district prosecutor when he had offered Erzinger a deal to plead guilty to two misdemeanors, and offered to drop a more serious felony charge, leaving the scene of an accident causing serious bodily injury. With the pressure of public outcry the prosecution relented and the felony charge has been reinstated.

Personal Injury Lawyers Help Victims Seek Justice

Mercedes, of course, has wisely stayed out of this whole issue by not returning calls and making any sort of statement about this rather strange and unprecedented defense. As product liability attorneys we have experienced some products that are toxic and can cause serious harm to their users, particularly in vehicles with combustion engines that emit a tremendous amount of toxic and potentially harmful fumes. Yet, this defense admittedly may be a little bit of a stretch.

Phillips Webster has no involvement in this case or its outcome.

If you or someone you know suffers a personal injury in an car accident it is important that you find legal council to help you through the complicated insurance settlement process. Call the experienced Washington Personal Injury Lawyer at Phillips Webster for a free consultation on how you can get the compensation you deserve.

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Tags: bicycle accident, personal injury attorney, personal injury lawyers, spinal cord injury, washington personal injury attorney, washington personal injury lawyer
Posted in Auto Accidents, Back Injury, car accident, drowsy driving, injury collision, personal injury

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