Scottsdale Bicycle Accident Lawyer
Latest Example: El Tour de Tucson
The 2008 El Tour de Tucson race was marred by a series of car-on-bike accidents. In one hit and run incident, an elderly male driver turned left in front of an approaching peloton of approximately 60 riders, causing at least 10 cyclists to collide with the vehicle, five sustaining serious injuries. The driver got out of his car, inspected the damage to his vehicle, and drove off! Two days later, his attorney turned him over to the Pima County Sheriff's Office. There were at least three other, very similar, car-on-bike incidents, as well as an incident in which a rider was struck in the back by a brick thrown from the window of a passing motor vehicle!
Watkin Law represents one of the riders injured in El Tour. When the motor vehicle turned left in front of him -- he was riding in the bike lane! - with no time to swerve or stop, he crashed into the right side of the car, breaking both legs. He underwent surgery that day and spent the next two nights in the University of Arizona Medical Center. All of these injured riders will be forced to pursue personal injury damage claims against the at-fault drivers. If the drivers have no liability insurance coverage – or not enough - the cyclists will have no recourse but to pursue personal injury claims for pain and suffering under their own automobile insurance policies - assuming they have uninsured and underinsured motorist "UM/UIM" coverage. In any case, they should contact a lawyer with experience in handling cycling claims.
Hire an Attorney Who is also a Cyclist.
As a long-time road cyclist and mountain biker, Clark Watkin has thousands of miles of "saddle time" and has witnessed (and sometimes experienced) the painful cuts, bruises, broken bones and even more serious injuries that can be caused by the negligence of others - usually drivers of autos and trucks; but sometimes motorcycles and even other bicyclists. Most injuries -- and virtually ALL deaths -- are preventable. They simply do NOT need to happen. Aside from an equipment problem or "operator error," where the cyclist himself is not paying attention or is riding dangerously, fault can usually be found with the motor vehicle driver, who frequently will claim he "just didn't see" the bicyclist.
Bicycle Accidents
In the United States, approximately one million cyclists sustain serious injuries as a result of bicycle-related accidents each year. The National Highway Traffic Safety Administration reports that a bicyclist is fatally injured every 6 hours, and nearly half of all the people killed in bicycle accidents are children under the age of 16. Head injuries account for seventy-five percent of all serious injuries and deaths from bicycle accidents. In most bicycle accident cases, negligent drivers are to blame. Whether its aggressive driving or sheer stupidity, a bicyclist stands to suffer serious injuries when a car fails to follow the rules of the road. The Watkin Law Office handles serious bicycle accidents throughout Arizona.
The lack of protection and inability to predict a driver's behavior is a dangerous combination for cyclists. There is no competition between a bicycle and a vehicle that weighs thousands of pounds when the driver acts in a negligent manner. Under Arizona law, cyclists are entitled to monetary settlements for the medical expenses, bike damage, lost wages, pain and suffering and a bevy of other damages from the negligent driver.
A bike accident can be not only a very frightening experience but the injuries involved are usually serious and long-lasting requiring thousands of dollars in medical treatment and significant future medical expenses. Cyclists suffer all sorts of injuries due to driver negligence. It is not uncommon for bike riders to be injured by car doors ("doored"), or hit by cars that do not respect the right-of-way, and often, drivers who were just not paying attention. There are many different injuries that a person may suffer due to a bicycle accident, including:
- Head injury
- Concussion
- Fractured bones
- Spine injury
- Paralysis
From professional cyclists, enthusiasts and "weekend warriors," to the occasional rider, elder or child, all run the risk of being tragically injured. In each case, the sudden inability to engage in a profession, avocation or favorite hobby/pastime, is accompanied by the inability to engage in many (or any) aspects of a person's daily "routine. A serious "road rash" is essentially the same as a serious burn - and it usually covers a fairly large expanse of skin. As for cuts, broken bones and any of the even more serious injuries inflicted in a cycling accident, they are no less serious and severe than if they had been inflicted in a car, truck or motorcycle crash. In fact, given the generally "active lifestyle" lived by the victim, such injuries can carry an even more devastating consequences. Depression, sleep loss, weight change and a host of other "incidental" emotional conditions often coincide with such a sudden and dramatic alteration in your life.
We understand. We also understand that one of the critical goals after going through such trauma is to get your medical bills paid and covered, make sure you do not suffer financially through any lost wages, and make sure your insurance company will pay for future treatment relating to your injury. We will discuss your situation and go over the options available to you, as well as work with insurance companies and other parties involved in your case to make sure all your needs are handled quickly and appropriately.
Cycling, of course, has some inherent risks. Mishaps and injuries caused by rider error, inexperience, mechanical problems, potholes and debris in the roadway are some of the most obvious. At the same time, however, cyclists must obey the same "rules of the road" as drivers of autos, trucks and motorcycles. That includes stopping at stop lights/signs, yielding and using lanes in a safe and lawful manner, using appropriate hand signals, and not just "blowing through" intersections while expecting everyone else to obey the traffic control devices.
But what happens when you, the cyclist, are fully in control, paying attention, obeying the traffic laws and doing everything you are supposed to be doing -- but the driver of a motor vehicle suddenly swerves and strikes you from behind, pulls into your path from a side street, or opens his car door without looking? Because of the differentials in speed between cyclists and motor vehicles, there is often no time to react and no place to turn to avoid the sudden danger. And because of the huge size and weight difference, in a match between a bicycle and a car or truck, the bicycle loses every time. You don't stand a chance!
These are just a few examples of the dangers to cyclists caused when motor vehicle drivers are inattentive. Add to that the dangers of speeding and reckless drivers and the dangers multiply. Worst of all, there are apparently drivers on the roadways who intentionally run cyclists off the road, throw objects at them as they pass, honk for no reason, drive dangerously close, and do other things designed to make cyclists crash or run off the roadway. A recent series of articles and "blogs" posted on AZCentral.com revealed the truth -- and admissions -- by many such drivers! Clark Watkin has seen some of this bizarre behavior over the years and has had beer cans thrown at him from passing cars, has been hit in the back by the side mirror of a truck passing too close, and actually had a cement truck drive into a marked bicycle lane to try and force him up and over the curb! Intentional. Dangerous. Reckless. Wrong.
We can assist you in determining your rights, and take over the insurance claims process, which can be a nightmare if you are not represented by legal counsel. Ultimately, we can help get you compensated for your loss.
IMPORTANT: If an insurance claims agent for the person at fault calls to "interview" you, decline -- at least until you have spoken with an attorney. Despite what the insurance agent might tell you, he is NOT "just trying to help."
Contact us online or call at 480-281-3838 to arrange a consultation. When results matter, choose The Watkin Law Office, P.C.
