Bicycling from the Lawyer's Perspective: Miles Cooper
Editor's note: the following legal tips were provided by Miles Cooper of Emison Hullverson, LLP.
- What is the first thing a bicyclist should do if they are hit by a car?
Make sure you are okay and safe. If you are really hurt, try not to move. Moving can increase certain injuries, like damage to the spinal cord. Also make sure being “okay” is truly okay and not just adrenaline pumping through you, masking injuries. Get a photo of the car’s license plate (or ask someone to do it for you.) Drivers are notorious for stopping initially and then leaving. Call the police and request a police report be done. Some agencies will tell you that you need to be taken by ambulance for a report to be issued. This is not correct. If you do not want an ambulance (and are concerned about an ambulance bill), tell them you are injured and that it is your understanding a report is required when there is an injury. Have someone take as many photos as possible of what happened. This includes where the car stopped, skid marks, where the bike came to rest, blood pools, damage to the car and bike, and anything else. Aside from the police, do not give statements to anyone - particularly not insurance companies. They may call, be very nice on the phone, and tell you that they want a statement to be able to help compensate you. Their goal is to minimize how much they might have to pay out. Your best bet is to speak with a lawyer first about your rights. Most reputable bicycle injury lawyers have a free initial consultation policy - take advantage of this even if you ultimately decide to handle the claim yourself.
- What are bicyclists' rights in regard to taking the lane?
Most riders have seen road signs or bike advocacy stickers stating, “Bicyclists May Use Full Lane.” The sign, and phrase, originated in the Manual on Uniform Traffic Control Devices, a US Department of Transportation manual. Advocacy groups have taken it up as a rallying cry. But there’s nuance to this statement. The manual states that the signs are primarily for situations where the road is too narrow for cyclists and cars to share a lane, and there is no designated bike lane. The law in California that governs this issue is California Vehicle Code section 21202. Cyclists are supposed to ride as close to the right as practicable, with exceptions so numerous that the exceptions become the rule. Those exceptions include: (1) when turning left; (2) when some road condition - parking, double parking, other cyclists, potholes, debris - make the right side unsafe; (3) when passing other cyclists or cars; (4) when the road is too narrow for a bike and car to travel side by side safely; and (5) when approaching a right turn lane. Long and short of it, if you don’t feel safe and have an arguable reason for taking the lane, you can take the lane. Or as the US DOT put succinctly, Bicyclists May Use Full Lane.
- What are some common issues that come up when you are representing a bicyclist?
The most common issue in representing cyclists is insufficient insurance coverage for the injuries. One in three drivers in California is driving without insurance or with the California minimum of $15,000. Cyclists also suffer from a high number of hit and run collisions. Ironically, the best defense is for the cyclist to have an auto insurance policy. I don’t own a car but I have a non-owner operator policy. It runs me $300 for the year for $250,000 of coverage. I also have an umbrella policy, a policy that only comes into play in catastrophic incidents. They protect me financially if I hurt someone by mistake. But more importantly, they protect me as a cyclist. Uninsured Motorist, also known as Underinsured Motorist or UIM, covers a person who is struck by a car, even when that person is not in a car. That means if you are biking or walking and struck by a car, your own auto insurance will cover you. It is the cheapest disability insurance a cyclist can buy. If you get an umbrella policy, make sure to request a UIM rider. If the insurance carrier does not offer a UIM rider, find one who does. A UIM rider on a $1 million umbrella policy costs me roughly $50 a year. The umbrella policy itself is usually $200-300 per year per million.