Cyclists and pedestrians alike face so many obstacles to riding it is a wonder considering that bicycling is by far the most economical way to get from one destination to another, it is the cleanest fuel burning system with nothing but benefits to the human body and the environment. For the most part; however, our society is one of machines and imparticular motorized transportation. Cars, trucks, vans, big rigs, boats, tankers, trains and airplanes, etc. fuel our skys and oceans with jetsam and floatsam and various other noxious toxins. So good for you for getting out there and braving the traffic and fumes to get to your destination. We want to offer a few helpful tips for those in the saddle on ways to avoid comparitive fault claims by insurance companies if you as a cylcist or pedestrian have been injured by a negligent driver.
The first defense of all insurance companies, their representatives and insurance defense attorneys is to blame the victim. Given our societies indulgence in gas driven motorized vehicles the propensity is for jurors to favor motor vehicle drivers. The attorneys for the insurance companies have no qualms about raising jurors ire, and creating prejudice against cyclists, by conjuring up images of that one rider who ran the stop sign or was lane splitting.
Here are a list of ways in which you as a safe rider may have to combat comparitive fault allegations against insurance companies loathe to pay your claim following an injury caused by a negligent driver.
1. If you are not wearing a helmet and you are in any way head injured, the insurance company will blame your injuries on not having on a helmet, so protect that nogen with a helmet.
2. If you are riding at night, make sure you are in compliance with all night riding laws. Have a light on the front and back of your bike, make sure cars can see you and you can see the road ahead of you. Even though you are in full compliance with all laws by having the proper front and back light, it will not stop these insurance companies from claiming you did not have Enough light! Imagine, you are following the law, being prudent and reasonable, and the insurance company points the finger at you and says yes but....you should have had the equivalent of a car light on the front of your handlebars, or ...you should have mounted a car horn to your handlebars. In effect what they are saying is..."you should have been driving a car."
3. Make sure your bike is properly equipped with brakes or can stop within the legal limits, in other words, one wheel must be able to skid on command.
4. Always ride to the far right (within a zone of safety from car doors and the like) preferrably in an available bike lane. If there is no bike lane, you are allowed full use of the lane if you need it. If there is no reason not to ride closer to the right shoulder (hazards, road depressions, potholes, etc.) angry drivers may run you down and then blame you - beware of drivers with road rage.
5. Dart out is the most common defense used in the insurance industry today. Insurance industry attorneys and claims adjusters are known for blaming victims of pedestrian and cycling incidents by saying "the cyclist or pedestrian appeared out of the ethers and caused the incident themselves, they should have been looking out for those huge SUV's." There really is no way to prepare for this other than be watchful and mindful and make sure you are seen! This is a common practice in the insurance industry and a common way for the insurance industry to etch away at paying the full value of your medical bills, pain and suffering and/or future medical bills.
There are many common ways insurance companies look for ways to blame the victim by using comparitive fault. If you find you are in a situation where this may happen to you, contact us, we will help you prevent these false allegations from sticking to you.
