Missouri Injury Law Blog

As a St Louis injury lawyer and cyclist, I have written several articles about about bicycling injuries and Missouri law as well as bicycle safety in Missouri. Through participation with several Missouri organisations we keep and eye on developing law in Missouri and across the country related to cyclist safety.

Just this week, a new law went into effect in Pennsylvania requiring drivers to leave at least a 4 foot buffer when passing cyclists. Clearly such a law is met with a flurry of conflicting opinions from fairness to enforceability. To me, regardless of the enforcement problems, it is an important law to have for public policy reasons, it is a reminder to drivers to give cyclists a much room as reasonably possible. OF course there are situations where a 4 foot buffer is not available because a road may be narrow or other conditions, well in that case the driver should give as much room as reasonably possible. My drive home everyday is down Clayton road and a stretch of it that is very popular with cyclists in St Louis. Most drivers give cyclists plenty of room when passing, however, I often see drivers just barely giving enough room, either out of negligence or spite, in either even it is dangerous.

In situations involving car versus bike collisions violation of the law can be helpful evidence and used to prove negligence or liability on behalf of the driver that struck the cyclist. Currently, Missouri's law states that a vehicle must maintain a "safe distance" when passing a bike. Missouri version of the law states:

"The operator of a motor vehicle overtaking a bicycle proceeding in the same direction on the roadway, as defined in section 300.010, RSMo, shall leave a safe distance when passing the bicycle, and shall maintain clearance until safely past the overtaken bicycle."

See St Louis Missouri Bike Lawyer Artilce "Missouri bike accident case settles for three times the amount of medical bills" Quoting Missouri Statute 304.678.

I have used this law in several bike accident cases to support the biker's case that the driver was at fault for passing too close to the bike. Is it true the 4 foot buffer will be difficult to enforce, yes, but that does not mean it should not be a law. It is a another State taking a positive step toward recognizing bicyclist safety is an important issue that must be enforced.

Continue reading "Driver's Required to Keep 4 Foot "Buffer" when Passing Bikes " »

As a Missouri personal injury attorney handling auto accidents, one of the standard documents we work with is the police report. While we often note that they can be biased against the victim (especially in the case of bicycle accidents), they are still asked for by insurance companies to determine payouts and are typically evidence if a case goes to trial. However, if you are unfortunate enough to get into an accident in some parts of Missouri, you may not receive police report because it will never be created.

Missouri law requires that for all accidents on public roads that either result in injury or apparent property damage great than $500, law enforcement officials must submit a report to the Missouri State Highway Patrol superintendent. Certain branches of law enforcement, such as the state troopers, will generate a report for every accident, no exceptions. For others, such as the local Columbia Police Department, whether a report is generated depends on the nature of the damage caused.

Back in 2009, the city of Columbia implemented a policy that allows officers to "clear" a 911 call, i.e. respond to an accident without generating a report, if a) there were no injuries and b) no need for a tow truck. The amount of damage sustained by a vehicle is irrelevant. The goal of the change was to reduce the workload of officers; generating these reports take two and a half to three hours according to Columbia Police Chief Ken Burton. Since this policy went into effect, traffic citations have been reduced 48%.

Burton also indicated during a February 6 city council meeting that similar paperwork reduction strategies are being used in the Kansas City and St. Louis areas.

By not generating a police report and issuing a citation, it is as if the accident never happened. It won't become an entry for the Statewide Traffic Accidents Record System, and the driver will not receive points on his license. The justification for this procedure is that many who are in this minor collision already choose to circumvent insurance companies anyway. Drivers in single car accidents caused by running through red lights or going into a ditch typically just call friends and solve the problem without making reports to anyone. Drivers who get into minor collisions with other drivers typically negotiate what repairs would cost on the spot and agree not to involve the police or insurance companies.

Should the victim of an accident choose to involve his insurance company in one of these no-injury, no-tow accidents, records are much more scant. There is a record of the 911 call made that led to the dispatch of an officer, but no record investigating the accident. Insurance companies must then gather their own evidence and make the best possible decision based on their findings. One thing insurance companies recommend doing in cases where there is no police report is to make an in person "walk-in" verbal report at the police department so that there is at least some record of the accident made close to the time it occurred.

As experienced Missouri personal injury attorneys, those of us at Sansone/Lauber emphasize the importance of having as full a record as possible of the accident. If you have been injured in a car accident contact us today at (314) 863-0500 for a free consultation.

Source: "Police Department's no-report accident policy reduces tickets, raises concerns," by Bobby Watson, published at ColumbiaMissourian.com.

See Our Related Blog Posts:
Missouri Bicycle Plates - Way to Raise Money for Bike Safety in Missouri

Cyclists - you can now buy a witness! Witnesses are Critical in Bike Injury Claims

The Missouri Bicycle and Pedestrian Federation is sponsoring the upcoming Bicycle and Pedestrian Day at the Capitol on Monday, April 2nd in Jefferson City. If you are interested in attending this event you can pre-register at: http://MoBikeFed.org/CapitolDay Additionally, you can be a "Capitol Day Sponsor" as every dollar helps the Mo Bike Federation deliver their message safer bicycling and walking. Donate Here: http://MoBikeFed.org/SponsorCapitolDay

As previously discussed in this Injury Law Blog, our firm routinely handles bicycle injury cases, we value bicycle safety and support the Missouri Bike Federation as they are pivotal in passing new bicycle safety rules through our State and local governments. One such law that is crucial to most Missouri bike injury cases that I use is the failure to maintain a safe distance when overtaking a bicycle. See Bicycle Injury Lawyer Article.

MORE ABOUT 2012 CAPITOL DAY IN JEFFERSON CITY

MoDOT Director Kevin Keith will kick of Capitol Day by speaking about MoDOT's plans for bicycling and walking at the Awards Ceremony, 10:30am in the 1st Floor Capitol Rotunda.

Rep. Cauthorn introduced a bill this week that would require bicyclists to wear a reflective vest whenever riding on a state road or highway. We need to talk to our legislators about what real measures they can take to improve cyclist safety--and stop this bill in its tracks. The bill will only discourage more people from bicycling and do nothing real to improve safety--but we need you to take this message personally to your own legislators so that we can make real progress in improving safety and stop discouraging measures like this.

Several important bills this year that have the potential to impact bicycling and walking for the better:

1. Anti-distracted driving bill
2. Bill creating greater penalties for drivers who injure or kill
3. Bike rack/license plate bill Bill to name a bridge path after legendary bicycle advocate (and former MoBikeFed President) Bob Watts.

Pedestrian Deaths in Missouri on the Rise: How to be Safe and Avoid an Accident

Missouri Bike Accidents and Injury - Common Causes and Proving Driver was Drunk

Continue reading "Missouri Bicycle Safety: Bike and Pedestrian Day at Capitol on April 2, 2012" »

Injury law firm, Sansone / Lauber, is a long time supporter of the Missouri Bicycle and Pedestrian Federation; they are the major player in Missouri to help make laws for the safety of cyclists and pedestrians. To see the importance of this cause read St Louis Bike lawyer artilce about bike safety in Missouri: Missouri Bicycle Injuries and Safety.

One of many important laws passed as a result of Mo Bike Fed's efforts was the 2005 law requiring motorists to maintain a safe distance when overtaking a bicycle. See Safe Distance to be Maintained when Overtaking Bicycle. This is a very effective law and I have personally used it in several St Louis bike injury lawsuits. One is currently ongoing as a result of a Wentzville, Missouri drunk driver struck my client who was bicycling on the side of the road. The police charged the drunk driver with DWI and under the failure to maintain safe distance statute and he plead guilty to both charges and was convicted of failure to maintain a safe distance when overtaking a bicycle. For a more detailed and extensive list of bike laws see the MO Bike Federation's list of Missouri Bicycle Laws.

A new effort by the Missouri Bike Federation is to raise money by encouraging cyclists to get Bike Plates. This is not mandatory and they are not pushing for legislation requiring bike plates. The fee of $55 goes partially to the state ($15.00) for making the plates, but the remainder of $30.00 goes to the Bike Federation so they can keep doing the good work they are doing. To register for Missouri Bike plates click here.

Not only is the donation a benefit to the Bike Federation, the plates help promote awareness that bicyclists have the same rights to the road as motor vehicles, the plates can help identify you in the unfortunate instance you are involved in an accident and are unconscious or unable to identify yourself. This will help in getting you the proper medical treatment and allowing authorities to notify your family or friends.

Related Articles:

The "I did not see the cyclist" Defense and dealing with it at Trial

Missouri Bicycle Injury Law - Rights and Duties

Continue reading "Missouri Bicycle Plates - Way to Raise Money for Bike Safety in Missouri " »

No, not paying someone off to say what you want, but a cycling accessory that tracks your ride and takes video and still pictures. Bike accessory manufacturer Cat Eye has released the "Inou" which is a front facing camera that takes stills and video. Additionally, it tracks your ride and has lots of other cool features other than documenting an accident.

After handling dozens of bike accidents in St Louis and across the State of Missouri and Illinois, one thing is for sure, cyclists get hurt badly and the driver never admits fault. In fact the driver will often blame the cyclist even though though the cyclist was legally traveling on the road and did nothing negligent. It is the nature of most drivers, blame the pesky people riding bikes, getting in the way on the road, and slowing down traffic. More often than not, there are no witnesses and as previously discussed on this blog, no witness is bad news for an injured cyclist. All jurors are drivers but only a few are cyclists, and even fewer are regular cyclists. Who do you think they are going to instinctively relate to and side with?

If you are a regular cyclist you should really consider something like this camera, especially if you ride solo. An example from my experience as a bike crash lawyer.

The 911 caller saves the day: A few years back we had a jury trial on a bike injury case as the insurance company offered nothing claiming the entire time the hurt bicyclist was entirely at fault. See - St Louis Bike Accident Trial. The cyclist was the victim of the "right hook" meaning the driver passed her and then made a right turn right in front of her cutting her off and forcing her to crash into the side of the truck. See Bike Lawyer Article: "Missouri Bike Accident - Caused by the "Right Hook" - Injured Cyclist Hired St Louis Missouri Injury Lawyer After Settlement Negotiations Halted"

Of course the driver of the truck said the bicycle accident was completely the biker's fault and even the responding police officer opined that it was the cyclists fault, even though he did not witnesses it. In fact, when the injured biker saw the report she called the police to supplement. The officer did, but made comments that he believed she was supplementing the report just for a lawsuit and he believed she was at fault. Statements that were prevented from being presented to the jury at trial.

So, at this point this case is a loser, why? no witnesses! Had this cyclist had a forward facing camera it would have been clear she was cut off. Fortunately, we were able to track down the 911 caller, he testified that he saw the bike versus car collision and it was the driver's fault. Without this eye witness testimony the only evidence the jury would have had to go on was a driver's testimony who was covering his own behind and the testimony of a cop that did not witnesses the accident and apparently did not like cyclists.

MORAL OF THE STORY: Buy a camera witness because independent human witnesses rarely see a bike crash. I cannot stress it enough, as time and time again I see police reports written up automatically blaming the cyclist, and investigation and witness interviews tell a completely different story.

Continue reading "Cyclists - you can now buy a witness! Witnesses are Critical in Bike Injury Claims" »

Last week a jury returned a verdict holding the driver not liable for injuries caused to a child on a bike. All I know is what I have read about this case in the legal papers, but I am not surprised that despite the evidence that the driver was at fault, the jury sided with the driver. As a lawyer and advocate for bicyclists' rights, I have written many articles about the issues and challenges that are faced when representing bikers. See - St Louis Bike Lawyer Blog.

The defenses that must be handled at trial by addressing these issues through the case, are the - I did not see the cyclist defense, cyclist right of way at intersections, assumption of the risk, and claims the cyclist was violating the law. See Cyclists' right and duties.

The I did not see the cyclist is an all too common defense theme. It is an attempt to shift blame onto the cyclist for using the road, when under Missouri law a biker has the same rights and duties as a driver of a motor vehicle. Early investigation and preservation of evidence is critical. Take pictures of the scene as soon as possible, keep the clothing you were wearing, any protective gear, and the bike itself. Particularly get pictures of any reflective gear you were wearing, safety gear, and any lights or flashing LEDs you may have had on the bike. Insurance defense lawyers imply it and jurors sometimes buy the argument that the cyclist should not have been on the road and the driver is the victim for having to go through litigation after hitting you. FACT, in Missouri not seeing a cyclist is not a legitimate legal defense and this must be addressed with the jury head on as soon as possible. Unless the cyclist was riding in the dark with no lights and dark clothing, I did not see the cyclist is not a defense!

Bikers' have all the same rights and duties as drivers of cars. They have the right to be on the road, to use the road, and not to be overtaken and cut off. Being overtaken and cut off is what I call the right hook and is a common cause of bike injuries. See Cyclist Injuries from the "Right Hook" and explaining the law in Missouri about maintaining a safe distance when overtaking a bicycle.

First and foremost in handling any bike injury case, you must show more than mere inattention by the driver, as all jurors are drivers, and only a few are cyclists, therefore, most jurors side with the driver over the cyclist. Unfortunately, many jurors' perception of cyclists is that big group of cyclists that were blocking the roadway and slowing down traffic as the cars passed them one at a time. This must be dealt with early on with potential jurors who may see cyclists as a roadway nuisance instead of a citizen with the same rights as everyone else on the road.

It has been a mild winter here in St Louis and spring is upon us, which means beautiful bike riding weather. Remember to be careful on the roads and always assume a driver does not see you. Please read St Louis Cyclist Attorney blog on how to avoid common causes of bike accidents.

If you find yourself in the unfortunate position of being a victim of a bike accident, call us as soon as possible for a free consultation. Do not talk to the insurance companies, they are trained to get you to say what you should not say and to investigate the case in the light most favorable to their insured, the at fault driver. They will not pay you anything close to what your case is worth, they claim they will, do not listen. You need a powerful advocate on your side, get Bike Accident Lawyer Ben Sansone on your side.

Bike accidents happen all too frequently and as a St Louis bike injury lawyer the vast majority of bike accidents I see are exactly that, accidents. Accidents wherein a driver may be liable for the injuries because they were negligent, meaning they unintentionally and mistakenly did something wrong and failed to keep a lookout or yield and thus hit a bicyclist. Every so often I believe the driver may have done it on purpose or out of road rage. Additionally, I have often seen drunk drivers hit cyclists in Missouri and Illinois. Never have I seen a video as blatant as the one below, a bus driver was convicted of purposely hitting a cyclist, and it was caught on video.

The bus driver pleaded guilty to and was convicted of dangerous driving and causing grievous bodily harm to a biker. Had this incident not been caught on tape it may have been a hard conviction to make. Now consider if it was not a bus driver with passengers and on a road with witnesses, instead a car with a single driver that hits a cyclist on a rural roadway. See St Louis Cyclist hit By Drunk Driver. No witnesses and the driver can make up any story he wants, such as: the cyclist swerved into the lane, ran off the roadway themselves, or the even more common situation of the driver keeps going.

For these reasons is why any bicyclist needs an experienced St Louis bike lawyer to investigate and aggressively pursue the at fault driver or to pursue an Uninsured Motorist Claim if the driver fled the scene of the collision and could not be identified, thus becoming a phantom vehicle which is an uninsured motorist under Missouri law, thus the cyclist's injures should be covered if they have an auto insurance policy. Additionally, if there is evidence of purposeful striking of the cyclist or drunk driving, you must pursue punitive damages, this will result in a higher compensatory award as well as a punitive damages award. Punitive damages are a necessary allegation as the claim for punitive damages is not only legitimate, but raises the stakes for the defendant which puts more pressure on his car insurance company to settle the case for what it is worth.

Other Bike Accident and Injury Articles:

The "I did not see the cyclist" Defense and dealing with it at Trial

Bicyclist Right of Way at Unmarked Intersections

Continue reading "Bicycle Injuries - Usually Negligent but Sometimes Drunk Drivers or Road Rage" »

Injuries to cyclist happen all too often as a result of driver inattention. See Common Causes of Bike Accidents. Typically, the negligent driver will immediately claim they did not see the cyclist and claim that as their defense, basically shifting blame to a cyclist for not being seen by the driver, despite adequate lighting, visible clothing, and no violation of the law or negligence by the biker.

To be clear, negligence law in Missouri and just about every state in the US, requires unintentional breach of a duty, not intentional breach of a duty. Intentional breach of a duty, i.e. intentionally hitting a cyclist, is criminal assault and battery, and on the civil side is an intentional tort, such as assault, not negligence. Negligence is inadvertently or recklessly causing a collision. Examples of negligence: failing to hit your brakes in time and hitting the rear of another car, not seeing another cyclist or motorist and turning into their path of travel and casuing a collision, inadvertently cutting a cyclist off, inadvertently running a red light because you are looking at your cell phone, etc ... Therefore, the "I did not see them" defense and therefore "I did not do it on purpose" defense is not a defense at all.

I know this seems to be an obvious distinction, but in order to sway juries, defense lawyers try to mix up concepts of negligence and intentional acts as part of their defense, you cannot let that happen. Attempts to improperly influence the jury with the argument that because the bike injury or other accident was not caused by an intentional action, then the victim should not be compensated fully, because by fully compensating the victim you are somehow punishing the defendant who did not do anything on purpose.

Why is the negligence versus intentional act distinction important in bike injury and other personal injury cases?

This is a very important mindset you have to be prepared to deal with when going into a jury trial. During "voir dire", commonly know as jury selection, the victim's lawyer must discuss with the jury that the burden on the Plaintiff (victim) is to show negligence, not intentional conduct; but even more importantly, through jury selection and throughout the trial, the injury victim's lawyer must emphasize with the jury that the juries' job is to award money or compensate the Plaintiff for the harms and losses suffered, that is it! It is improper for them to consider impact on the defendant, their insurance company, or other factors, because once the jury determines the defendant was negligent then the only thing to consider is what amount of money will make up for the victim's harms and losses. The award of money damages is solely about past, present, and future harms and losses suffered by the victim. See Calculation of Damages in Injury Claims

See Also:

Bicycling.com article: The "Ignorance is Bliss" Defense

Continue reading "The "I did not see the cyclist" Defense and dealing with it at Trial" »

In 2010 a reported 57 pedestrian deaths occurred in Missouri, many of them giving rise to wrongful death claims or general personal injury claims. See Missouri Drunk Driving Accident Lawyer Ben Sansone Obtains St Louis County Judgment of $2.3 Million. This case involved a drunk driver in St Louis that injured a pedestrian when fleeing the police. Also, see St Louis Pedestrian Injury claim and settlement. . These are just 2 examples of pedestrian and motor vehicle injuries we have handled. It is a serious problem that these types of injuries are on the rise in Missouri. See Post Dispatch Article: "Pedestrian Deaths Increasing in Missouri".

As a St Louis injury lawyer handling pedestrian accidents and death cases, I have investigated first hand the situations that lead to the pedestrian accidents and how to avoid them.

If your car breaks down or you need to pull over to the side of the road, make sure you are in a well lighted and not heavy traffic area. Avoid stopping on the side of a busy highway at night. If you must, stay on the outside side of your vehicle. Changing a tire on the traffic side of a vehicle at night and on the highway is very dangerous. Turn on your hazard lights and leave your parking lights and headlights on as well.

Use crosswalks and when using crosswalks do not rely on drivers to obey traffic lights. Visually verify that traffic is clear or than oncoming vehicles have stopped and are not attempting to turn across your pathway. Never assume vehicles will obey crosswalk signals.

In Missouri you can dial " *55 " to get roadside help, may be a very good idea to stay in your vehicle until help arrives.

Be aware of traffic when walking on the side of the road, pedestrian on the side of the road and people changing tires on the side of the highway are the most common type of pedestrian injury.

Additionally, whenever talking about pedestrian safety, bicyclist safety tips are often very similar. Never assume vehicular traffic will obey traffic signals, wear bright clothes, use strobe or flashing lights on your bike, and try to avoid cycling at night, not only is it harder for vehicle drivers to see you, but debris and problems in the roadway are harder to see as well. See Avoiding Bike Injuries & Legal Liability at Intersections: Right of Way at Unmarked Intersections

http://www.missouriinjurylawblog.com/2011/07/avoiding-bike-injuries-legal-l.html

Continue reading "Pedestrian Deaths in Missouri on the Rise: How to be Safe and Avoid an Accident " »

As discussed in a previous St Louis bike accident lawyer article: "Avoiding Bike Injuries & Legal Liability at Intersections: Right of Way at Unmarked Intersections", bicycle accidents and injuries often occur at unmarked intersections. Bike accidents often occur at intersections controlled by electric signals as well. Having been a St Louis bike accident attorney now for about 10 years, I almost have never seen a situation where a cyclist blatantly ran a red light and caused a collision. Typically they have already entered the intersection and the drivers are anxious to go and do not see them.

Now some new laws give a much needed affirmative defense to cyclists accused of running red lights. But I caution my cycling friends, be careful at these intersections and use this privilege cautiously. Motorcyclists, bicyclists, and anyone operating a vehicle with 2 wheels, may have experienced the everlasting red light. That is because many electric signals in St Louis and throughout Missouri and Illinois are set off by pressure sensors, thereby allowing the light to remain green on the heavier traveled road until a vehicle approaches on the intersecting road and triggers the pressure sensor, changing the light from red to green. These pressure sensors often cannot be tripped by a motorcycle and almost never by a bicycle.

So is a bicycle rider doomed to sit at a red light until a car come up and trips the sensor? Until 2009, In Missouri at least, the answer was yes. There was no legal defense for a cyclist to run a red light, even if there is absolutely no traffic around and they have sat at a red light that was not going to change. In 2009, Missouri Bicycle Law was changed by Missouri Statute 304.285, "Red light violations by motorcycles or bicycles, affirmative defense, when", which states:

"304.285. Any person operating a motorcycle or bicycle who violates the provisions of section 304.281 or section 304.301 by entering or crossing an intersection controlled by a traffic control signal against a red light shall have an affirmative defense to that charge if the person establishes all of the following conditions:

(1) The motorcycle or bicycle has been brought to a complete stop;

(2) The traffic control signal continues to show a red light for an unreasonable time;

(3) The traffic control is apparently malfunctioning or, if programmed or engineered to change to a green light only after detecting the approach of a motor vehicle, the signal has apparently failed to detect the arrival of the motorcycle; and

(4) No motor vehicle or person is approaching on the street or highway to be crossed or entered or is so far away from the intersection that it does not constitute an immediate hazard."

As a St Louis bike injury lawyer, I believe this a fair law. The only part left for interpretation is what is considered an "unreasonable time"? I believe one could successfully argue to a Judge or jury that a unreasonable amount of time is once you realize the light is not going to cycle and there is no traffic in sight.

Another state, Illinois, is currently proposing a new law that would also allow cyclists (motorcycle, bicycle, scooter) the option of riding through a red light after waiting a reasonable time for the light to change.

Continue reading "Missouri Bicycling Law, Biker (Bike and Motorcycle) can go through Red Light Under Cirtain Circumstances, Illinois May Adopt Similar Bike Law. " »

Not only am I a bike accident injury lawyer, but I have also spent hundreds of hours and thousands of miles on a bicycle around the St Louis area. I have clients that come to me after being hit by a car while on a bike and I have friends and people I ride with who tell me stories about close calls and some about being hit by cars as well. There are a few common ways drivers hit cyclists unintentionally; see St Louis Injury Attorney Article: Common Causes of Bike Accidents and How to Avoid Them.

Right-of-way at intersections is commonly misunderstood and one of the legal issues of who is at fault when dealing with bicycle accident cases. More accidents occur at intersections not monitored by traffic signals. Keenly aware that most of us snoozed during our driver's education class, here is a refresher course on proper intersection protocol. When two or more vehicles (bicycles included) arrive at an intersection at the same time and there is neither person nor sign in place to indicate whose turn it is to go; the person to the right always has the right of way. When two or more vehicles arrive at an intersection at separate occasions, whoever gets there first gets to go first.

Bicycle accidents involving intersections represent a small majority of personal injury lawsuits. But when they do arise, several of the same defenses are used: cyclist failure to yield, unable to see cyclist because of too dark of clothing, disregard of right-of-ways, speeding through intersections, rolling stops, and riding in the wrong lane or wrong part of the lane. All of these things create comparative negligence or full negligence on behalf of the cyclist. Thus properly yielding at intersections is required not only to hopefully avoid injury, but also to have a strong case against a negligent driver in case you are injured in a bike crash.

Do not give the negligent driver's defense team any excuse to blame you for the accident. Cyclists have enough trouble with juries as most people on a jury drive cars and a few ride bicycles. And as most cyclists know, drivers are sometimes reckless or hostile towards a cyclists right to use a road, those jurors are no different and there cannot be any accusation that the cyclist ran a stop sign or did not follow the rules of the road that drivers of cars are required to follow. I have personally seen it at a trial, one time I even had the reporting officer throw in a comment about cyclists causing problems by not obeying the rules of the road or wearing bright clothing. Under Missouri law, this was an improper comment and the trial judge properly struck the comment from the record and advised the jury to disregard the comment, however, you cannot unring the bell.

Continue reading "Avoiding Bike Injuries & Legal Liability at Intersections: Right of Way at Unmarked Intersections " »

Working for a cyclist and a personal injury attorney I have become well aware of the dangers of bicycling on the roadways and the risk of being injured by inattentive drivers. See St Louis Bike Accident Lawyer Article, discussing common causes of bike accidents.

People toss around the phrase "this is my right" so heedlessly, that they not only forget what it actually means to have a right, but in doing so they have managed to squander the very conviction of the word. Furthermore, it appears that a strong belief in one's right primarily manifests itself when filing a personal injury lawsuit. At that time, everyone clamors about to prove their rights have been violated in some way which, in turn, caused injuries and pain and suffering so severe that it can only be healed with a Band-Aid generally made of dollar bills. Indeed, compensation may be, and typically is, the correct solution. However, having a clear understanding of one's rights is crucial to any motorist wishing to have a better chance of survival on the roads - I believe more specifically applicable to cyclists - as well as a better chance of winning your bicycle accident case.

I've been reading a great book on the legalities of bicycling, aptly named Bicycling & The Law, by Bob Mionske, J.D. In fact, Mr. Mionske summarizes this thought completely in a chapter wholly dedicated to the rights and duties of the cyclist. He states, "...duties are the flip side of rights; with rights come duties", and "your right to the road is not absolute, nor is theirs - you owe a corresponding duty to every other person not to infringe upon their right to the road, just as every person owes you the same duty."

You should know exactly what your rights and duties as a fellow driver are. You have a duty of care. This is to say that you, as a cyclist, will not impose an unreasonable risk of harm onto another person/driver. You have the duty to allow other drivers to conceivably assume that you will obey all traffic laws and not intentionally put them at risk of injury; just as you have the right to assume the same from those same drivers. As a part of this right, if another driver violates this duty of care, you may hold them liable by filing a bike injury lawsuit.

As stated in a previous blog, another principal of cycling is to know your state's laws. You can easily find Missouri's bicycle laws (http://mobikefed.org/statutes) on the web. This is only a general overview, but it is important to hire an experienced attorney when discussing specific issues such as: assumption of risk; following too closely; proper stops; intersection crashes; and bike crashes involving suspected DWI offenders, just to name a few.

When involved in a bicycle accident St Louis injury lawyer Ben Sansone has a few pointers to follow to ensure that you are covered should you need to pursue a personal injury lawsuit. See Also, St Louis Injury Law Article: Common Causes of Bike Accidents.

First, you must know the Missouri bicycle statutes. As a cyclist, it is important to follow the laws set in place just as motorist should. There are a lot of activist groups working to place stricter laws on motorists, more lenient laws on cyclists, and road compensations to benefit bikers. However grand the motivations are, we all know you cannot regulate or legalize common sense into people. Sometimes motorists and cyclist alike just don't pay attention for a split second and an accident occurs. If planning on riding a bike on a main road, having knowledge of what you can and cannot do on a bicycle should be a necessity before even purchasing a bike for that purpose.

Even spandex clad, serious bikers have a place to carry their identification and medical insurance cards. If you are involved in a crash, it is smart to have this information readily available to exchange with the police, other driver, or medical provider - should you be injured.

As with a motor vehicle crashes, do not discuss the whys and wherefores of the accident with anyone other than the police. Do not admit blame or blame the other driver. Contact a personal injury bike accident attorney. We have a lot of clients that call us to handle their cases after trying to negotiate with the responsible party's insurance company themselves. More times than not, statements made by the injured client, however flippantly made, are used by the insurance company against the cyclist to deny payment. In the same sense though, any statements made by the negligent driver can be used to benefit your claim.

Try to get names and contact information of any witnesses, as these may be needed during your lawsuit if a question of responsibility arises - which it undoubtedly will.
Follow up with a medical provider. Even if you are not in need of immediate ambulance transportation, go to the ER or your primary care doctor for a follow up visit. You may not feel the full effect of the crash until 24 to 48 hours after the accident. It is important to determine if there has been any internal damage done that will become problematic later.

Continue reading "Common Causes of Bike Accidents and Tips from a St Louis Injury Lawyer of What to do After a Bike Accident" »

A few years back I took a St Louis bike accident claim through a jury trial in St Louis County. The case arose from a "right hook" by the driver of the car. See facts of the St Louis bike accident here.

The jury returned a verdict after a few hours of deliberation and found the driver 100% at fault, however, the jury awarded less than the total medical bills submitted, even more baffling was that the medical bills submitted were undisputed. Any skilled St Louis injury trial lawyer would immediately object that the bike injury verdict is inconsistent. How can you find the driver 100% at fault and yet award less then the undisputed damages?

In Douglass v. Safire, 712 S.W.2d 373 (Mo. banc 1986), which involved a Missouri motorcycle collision and injury, the Missouri Supreme Court explicitly held that an inconsistent verdict must be brought to the attention of the trial court before the jury is discharged or the claim of inconsistency is waived. Id. at 374.

We now hold that a claim that a verdict is inconsistent to the point of being self-destructive must be presented to the trial court before the jury is discharged. Otherwise the claim of inconsistency will be held to have been waived. The reason is that, if the point is raised as soon as the verdict is returned, any error is capable of correction by ordering the jury to return for further deliberation. Our holding is in accord with the usual rule that the trial court must be given the opportunity to correct error while correction is still possible.

Being a St Louis area personal injury attorney that has also gone through phases of being an avid cyclist, I have witnessed first hand the hostility towards cyclists on the roads as well as the dislike for cyclists by juries. After the bike accident trial above was over I questioned a few of the jurors and they said the reason they gave less than the undisputed damages was that they felt the cyclist should not have been on the road during that time of day (dawn) or that somehow it was her fault just because she was on the road as a cyclist; remember the jury did find the truck driver 100% at fault. So drivers' general dislike of cyclists did come through in this verdict, a fact a bicycle accident lawyer must be keenly aware of.

The bike accident verdict above was appealed on that ground as well as others, and the case settled during the appeal process.

Continue reading "Making the Proper Objections if a Jury Returns an Inconsistent Verdict - Example from a St Louis Bike Accident Case " »

As a bicyclist myself and a St Louis Missouri bike accident injury lawyer, I have handled dozens of bike injury cases and spoke with many cyclists I ride with about being hit by cars and who were lucky enough not to be thrown off their bike or injured. See St Louis bike injury lawyer discusses common causes of bike accidents and injury

Most commonly, personal injury to bike riders being hit by cars is the result of driver inattention and negligence. A close second however, is bike riders being struck in the summer evenings by drunk drivers. See Missouri bike rider struck by drunk driver and suffers extensive personal injury

In the above mentioned St Louis drunk driving bike accident, the police did an excellent job investigating the accident and making sure they tested the driver for intoxication. Police investigation of a potential Missouri drunk driving accident is critical to a personal injury lawsuit because if the police do not investigate immediately it is almost impossible to later prove the driver was intoxicated; unless they admit it (good luck!) or there is credible observation and evidence from a witness proving intoxication. See Missouri Personal Injury Trial Evidence - Proving Driver was drunk with Lay Witness Testimony

Fortunately, a distant third, are bike accidents and injuries intentionally caused by the driver, these types of situations have recently gotten some national attention as some prosecutors and law enforcement are starting to investigate these cases more thoroughly and look into to prosecution. See the following:

Bike Accident and Injury Intentionally Caused by Doctor?

Bike Accident and Injury Caused by Road Rage

Also see Missouri Injury Law Blog - Missouri Bicycle Accident and Injury Cases