Cyclists Archives - Levinson and Stefani Injury Lawyers

Your coverage isn’t limited to auto crashes alone

Please note: Transcript edited for clarity, brevity, and readability.

Why is car insurance important for cyclists?

It may seem counterintuitive, but if you’re riding your bike and [the driver who hits you] has car insurance, that makes it straightforward, meaning their car insurance, is going to cover your injuries. Where your car insurance comes into play: If you get hit by a car that doesn’t have insurance, your insurance can step in [the place of the uninsured driver].

Can you provide an example?

This pops up most often in two scenarios. The first one is a hit-and-run. if you’re riding your bike and somebody hits you and takes off, your car insurance can step in and cover your medical bills related to your injuries. The second scenario is if you’re hit by a car and the driver has no car insurance. In both of those scenarios your car insurance can help.

Do you think cyclists are unaware that car insurance can help them in a crash situation, and if so why?

When most people think car insurance, they think of a car crash, meaning they’re in a car. But your car insurance covers you whether you’re in a car or not. One important factor is that you likely have what’s called a Medical Payment Provision or MedPay, which means the other driver’s insurance will pay up to a certain amount of your medical bills so you don’t have to worry about submitting bills to your health insurance or getting doctor’s bills paid right away—whether it’s an ambulance, emergency room visit, a visit to your doctor. On the flip side, your car insurance can cover the first level of your medical bills.

What should cyclists do in a hit-and-run situation?

The first thing you need to do is make sure you get medical attention. Beyond that, you want to make sure that you file a police report. That’s something that your insurance will often require. Give as much detail as you can. If you’re able, see if there are witnesses. The police may be able to do that, but they may not. A good attorney will likely send an investigator to see if there are surveillance cameras, whether it’s city red-light cameras or stores in the area. In a hit-and-run situation, you want to clearly document and prove that you were in a crash that was somebody else’s fault.

What are some of the most common problems that cyclists face in these types of cases?

The biggest problem is they wait too long. Most states have what’s called a statute of limitations. It’s basically a deadline to file a lawsuit. Here in Illinois, for example, it’s generally two years. There are some exceptions. One of the other mistakes: if the injured party can identify the car that hit them and they don’t file a police report, or they don’t exchange information. You want to treat a bike injury as if you were driving a car. You want to exchange contact information, insurance information, and you want to contact the police so there’s a police report. Get some pictures, if possible.

What are some things that cyclists can do to protect themselves?

I think most people are aware of the GoPro craze. This is a big issue with bicycles, especially because it’s not uncommon for drivers to blame cyclist. It happens regularly. I think a lot people of people have a perception that cyclists are crazy, unsafe, ignore all the rules. Something like a helmet camera can provide incredible evidence to prove that you weren’t doing anything wrong, and that the driver is the one at fault.

New data shows that “dooring” rose by more than half from the previously reported year

The number of local cyclists crashing into car doors is on the rise, according to new data released by the Illinois Department of Transportation, as reported by the Chicago Tribune.

Described as a wake-up call by city officials, the report from the IDOT revealed that more than 300 doorings were reported in 2015, a 50 percent increase from the previous year. The data also shows that 203 doorings were reported in 2014, down from 270 in 2013, though crashes in 2012 and 2011 occurred more than 330 times.

Dooring is one of the most significant dangers impacting cyclists in major cities, and it continues to wreak havoc even for experienced riders. As told by several people interviewed by the Tribune in response to the new report, cyclists expressed that they’re prone to dodge car doors in highly congested areas, even opting to veer into oncoming traffic to avoid a crash. Some may consider that the lesser of two dangers, but it can also be the deadlier choice.

Despite more than 100 miles of protected bike lanes that the city has installed since 2011, the number of crashes involving cyclists has grown exponentially in recent years. State data shows that 1,720 crashes occurred in 2015, up from 1,634 in 2014. In 2013, the city saw 1,720 crashes involving cyclists, but fewer in 2012 and 2011.

How to combat the issue

As stated above, the city has taken proactive measures to improve the number of protected bike lanes in and around the city. That’s a good start, but it can’t be the end. Much of the issue can be attributed to a lack of driver education and awareness. It’s an unconscious habit to open doors without thinking about cyclists riding nearby, so it stands to reason why we don’t enforce laws that would have people thinking twice.

One of the proposals that we believe is a plausible solution is to strongly enforce laws that deter drivers from blocking bike lanes, or impose stricter fines to deter them from doing so in the first place.

It’s also incumbent upon riders to know that bike lanes do not simply guarantee safe passage. Cyclists are just as responsible for sticking to traffic signs and proceeding at cautionary speeds to minimize any chance of a crash.

Using the “Dutch Reach”

A more simplistic approach might be to consider the “Dutch Reach,” put in practice by those in the Netherlands in which drivers and passengers reach for their car door’s handle by using heir right arm instead of their left, thereby turning their bodies in a position that encourages them to spot traffic from behind. The habit is taught from a very early age, and it’s even enforced during driving tests. It’s already catching in cities like San Francisco.

Michael Charney, a doctor based in Cambridge, Massachusetts, began an advocacy program to encourage U.S. residents to adopt the “Dutch Reach.” His website, dutchreach.org, comes with a bevy of resources for understanding how effective the method is, and why it’s more about changing habits than anything else. Among other things, you can find advocacy toolkits, news, and several digital resources to learn more.

And for good measure: Outside Magazine produced this video to give you a decent visual.

Video: How car insurance can help cyclists in times of crisis