Missouri Injury Law Blog

I read a bike safety article many years ago that described the top 10 causes of bike accidents, and since then it has aided my assessment of bike injury cases and assessing cases as a bicycle accident lawyer. One common cause of bike-car accident is "The Door Prize", which has been reported as the second most common type of bike accident caused by cars. The door prize is when a driver opens their door in front of you and you run right into it, because you cannot stop in time or traffic does not allow you to swerve out of the way.

How to avoid The Door Prize:

Ride far enough to the left that you will not run into a door that is flung open by an unassuming motorist. Remember, most drivers look for other cars and trucks, not bicycles and they either don't notice or don't care about bike riders. Some cyclists do not like to follow the above advice because it requires them to ride too far into the traffic lane and cars cannot pass you as easily. I understand you are trading one danger for another, but I believe it is safer to ride into the lane where you are in the driver's line of sight rather than to ride next to parked cars that are not looking back for you when they open their door. If you can, try to pay attention to which cars are occupied and then shift out when approaching that car.

Recently, we settled a car-bike accident case for the auto insurance policy limits. Our cyclist client was just a casual cyclist out for an easy ride on the side of Manchester Rd in Maplewood, Missouri. Along his path he had to pass a few cars that were parked on the side of the road, one person who was in the driver's seat of one of the parked cars, flung her door open right when my client was passing causing him to smack into the door and fly off his bike injuring his shoulder.

Bicycle safety is a lot like motorcycle safety, you need to constantly scan the road several seconds ahead of you and anticipate what unaware driver may do, adjust to the potential problems, and be ready to take evasive maneuvers if necessary. The disproportionate potential for serious injury to a bicyclist or motorcyclist compared with a car or truck driver requires that you have this level of alertness and caution. Hopefully over the next years or decades the bike advocacy groups will continue to make changes to the bike laws and continue to raise pubic awareness of everyone's' right to use the road, motor-vehicles and bikes alike. Even once that occurs, there will always be drivers that do not pay adequate attention to bike riders, You must be responsible for your safety,and take necessary precautions.

Even when all the reasonable safety precautions are taken bike riders still get hit by cars and trucks. We offer free consultations on all personal injury cases including bike injury cases. Call us for a no obligation discussion with a lawyer at (314) 863-0500.

Professional cyclists and even many enthusiasts, can ride thousands of miles a year and participate in many races. The vast majority of these miles are on the sides of roads with less than ideal conditions and sometimes negligent drivers. Crashes happen, and most cyclists will experience a few crashes. As I have discussed before on this blog, I am a bike accident lawyer and a cyclist, I have represented many bike riders for injuries from negligent or even drunk drivers in both Missouri and Illinois. I have personally been in three bike accidents that could have resulted in bad injuries, one from my bike tire getting caught in a wide groove in the road, one from a driver who thought they passed me then side swiped me, and one from me not paying attention and allowing my tire to hit a cyclist in front of me. In all three I was wearing a helmet, one of them cracked and destroyed my helmet. All three resulted in nasty road rash.

If you hit your head as a result of a bike accident, err on the side of caution!

Professional riders participating in races have medical teams respond instantly even when they may not be necessary. The rest of us have to rely on our riding buddies and good judgment when determining if medial treatment is necessary after a bike injury. If you hit your head and lose consciousness, even briefly, go to the hospital, you have likely suffered a concussion. If you suffer symptoms beyond a brief loss of consciousness, such as open head would, go to the hospital! It may also be wise to call an ambulance in case any additional injury was done to your neck or spine. Don't get back on your bike, no matter how tough you are. Your balance is likely affected and could result in another crash.

Pay attention to your CT scan results. The doctors should do a CT and/or and MRI of your head and spine. However, if you CT is negative you are not out of the woods. CT/MRI of the brain often do not show objective evidence of a head injury, most brain injuries cannot be seen. The CT or MRI is primarily looking for severe brain injuries that need immediate intervention such as bleeding on the brain or hemoraging. General swelling and damage to the neurons is typically not visible on diagnostic images.

Many types of trauma to the brain are hard to predict or measure with a machine, your description of your symptoms to a doctor are crucial to be properly evaluated. Symptoms to look for, some you may not think of or realize until you see this, include:

Motor: Weakness or paralysis (hemiplegia), poor balance and coordination; (ataxia), less endurance, abnormal muscle tone and stiffness.

Perceptual: Hearing, vision, taste, smell, touch, and knowing the relationship of the body to fixed objects.

Speech and Language: Difficulty in understanding what is said, or in expressing thought (aphasia).

Cognitive: Thinking, remembering, paying attention, poor judgment, and/or problem-solving.

Memory: A problem storing and/or retrieving information; short or long-term memory loss.

Emotional and Personality changes: Moody, easily frustrated, anxious, angry, depressed, and low self-esteem.

Important symptoms of a potential head injury / Post-Concussion Syndrome:

Level of alertness; Sleep patterns; Endurance for physical and mental activities; Attention span;
Sexual function; Headache; Dizziness; Irritability; Depression; Anxiety; Complaints of being physically sick without apparent reason; Hypersensitivity to noise (phonophobia); Sensitivity to light (photophobia)

Often symptoms of Traumatic Brain Injury cannot be seen by others. This can lead to loss of self-esteem and self-confidence; feelings of failure, depression, anxiety, and/or life is "out of control." One of the reasons that TBI is called "the silent epidemic" is that there are thousands of people with TBI who have symptoms that are invisible to others.

Common symptoms of Traumatic Brain Injury in adults include:

More problems than usual with mental tasks
Persistent headaches or neck pain
Lethargic thinking, speaking or reading
Continual tiredness, without energy or motivation
Becoming lost or confused
Changes in sleeping patterns, light-headed, losing balance
Blurred vision, tired eyes
Increased sensitivity to sounds or light
Loss of the sense of smell or taste
Irrational or unpredictable mood changes
Ringing in the ears

Continue reading "Head Injury Concerns for Bicyclists: List of Symptoms of a Brain Injury " »

A competitive biker was training by riding down the outer road of a highway in Wentzville, Missouri. The biker was wearing reflective clothing and was riding along the white outside lane line. Despite legally traveling on the proper part of the roadway and wearing the proper safety gear, a reckless pickup truck driver struck him from behind with the front passenger side corner of his truck sending the cyclist flying off his bike. The cyclist in this particular case was lucky, because the severity of the impact would have crippled many people. However, my client was in excellent physical condition and after a few days in the hospital and a few months of therapy he recovered, for the most part. He did suffer a concussion from the bike accident, which caused some memory problems and other concussion related symptoms. Despite his head injury, his mental tests came back above average and he managed to recover. This Wentzville bike accident case settled for a very high dollar amount as we aggressively prosecuted the case and our client resisted the insurance company's offers between $100,000 - $145,000 just 6 months before we settled the case. Persistence and patience was the key to this excellent recovery for our client and more than double what the insurance company wanted to settle for.

This cause of a bike collision and injury is referred to as "The Rear End" - See Common Causes of Bike Accidents. This is the hardest collision for a biker to avoid because you generally cannot see cars coming since you are not looking behind yourself while riding. Fortunately, most drivers are good drivers and this type of bike related injury accounts for less than 5% of bike collisions.

How to avoid "The Rear End"? As a Missouri bike injury lawyer and based on my experience and research into bicycle safety, this type of collision occurs most often when the cyclist does not have a rear light, regardless if it is daytime or legally required. See Bike Lights for Safety: See and Be Seen.

Additionally, ride on streets with more generous shoulders, also, studies show that riding in more populated areas as opposed to rural areas, is safer to avoid this type of collision. Typically because lighting is better is more populated areas and drivers tend to drive a little slower because of traffic and shorter distances. A few other precautions; get a rear view mirror and do not ride on the edge of the shoulder or too close to a curb. This allows you room to maneuver and hopefully avoid or lessen a collision.

Serious bike injuries still occur despite taking all these safety precautions, as was with the case with my client above. He did everything he was supposed to do and was still hit by a careless driver. As in many Missouri and Illinois bike accident cases I handle, the typical defense is "I did not see him!", well this is not a defense unless the cyclist did something wrong, such as ride at night with no lights, unpredictably shoot out of the riding lane, etc ... See The "I did not see the cyclist" Defense and dealing with it at Trial

If you or someone you know suffered a bike relalted injury as the result of a careless driver, contact a bike accident lawyer today for a free consultation. Our law-form is based in Clayton Missouri which is located within St Louis County right by the Courthouse. Our injury attorneys routinely represent victims throughout Missouri and Illinois including the following areas: St Charles, Lincoln, Franklin County, Jefferson County, Cape Girardeau, Edwardsville, Belleville, Waterloo, and all of Illinois. Call us today at (314) 863-0500.

A few weeks ago daylight savings kicked in, and along with the winter coming, means it gets dark early. Just a few short months ago we could ride without lights until 8:30 pm, now it is dark by 5:00 or 5:30 pm. That means those after work rides need to be accompanied by more than just "legal" lighting.

Under Missouri law, lights and reflectors and required 1/2 hour before sunset and up to 1/2 hour before sunrise. A cyclist MUST have all of the following to be legal:

1. Front light;
2. Rear red reflector;
3. Reflective material on front and rear of bike; AND
4. Reflective material on side of the bike.

But why be just legal? Be safe! Cyclists want to avoid being hit by a car and avoid obstacles in the road that can be small and difficult to see at night, but cause us to lose control. As a St Louis bike injury lawyer, I have represented badly injured cyclists that could have avoided the injury had they been more diligent about their visibility when riding near dark. I highly recommend not just a red rear reflector, but a bright red strobe light on the back. Additionally, a bright front light that also pulsates to grab a driver's attention. Even if it is not dark out, use it, this is equipment that often has inexpensive power consumption or rechargeable batteries and can save your life.

Missouri Statute 307.185 Lights And Reflectors, When Required - Standards To Be Met:

Every bicycle and motorized bicycle when in use on a street or highway during the period from one-half hour after sunset to one-half hour before sunrise shall be equipped with the following:

(1) A front-facing lamp on the front or carried by the rider which shall emit a white light visible at night under normal atmospheric conditions on a straight, level, unlighted roadway at five hundred feet;

(2) A rear-facing red reflector, at least two square inches in reflective surface area, or a rear-facing red lamp, on the rear which shall be visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lower beams of vehicle head-lights at six hundred feet;

(3) Reflective material and/or lights visible from the front and the rear on any moving part of the bicyclists, pedals, crank arms, shoes or lower leg, visible from the front and the rear at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lawful lower beams of vehicle headlights at two hundred feet; and

(4) Reflective material and/or lights visible on each side of the bicycle or bicyclist visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lawful lower beams of vehicle headlights at three hundred feet.

Their are many causes of bicycle injuries and deaths, don't let the lack of lighting be the reason you end up in the hospital.

If you are an injured bicyclist or know a cyclist that has been injured call the experienced Missouri injury lawyer and cyclist Ben Sansone at the St Louis law firm of Sansone / Lauber: (314) 863-0500 or contact a lawyer online.

Related Bike Safety Blog Posts:

Ghost Bikes - Reminders of St Louis Bike Deaths

Drivers Keep Safe Distance from Cyclists

In 2003, a Ghost Bike project was launched in St. Louis, Missouri after a man watched as a driver hit and killed a bicyclist. He later put a white-painted bicycle on the spot with a sign that read "Cyclist Struck Here." Passing motorists began paying attention to the haunting bikes, so the man asked for friends to help him place 15 more ghost bikes in various parts of the city that had seen bicyclists killed by careless drivers.

The bikes are meant to serve as small memorials for bicyclists that were killed or seriously injured on the road by a motor vehicle. The bicycles are painted white and set up as roadside memorials. The white bikes are often old and banged up and typically attached to nearby stop sign or light pole.

Friends and families of bicyclists killed in accidents on the Missouri's roadways have taken to placing these white ghost bikes at the location of the terrible accident. The bikes serve as eerie reminders of the damage a car can do to those just out for a ride. The ghost bike memorials are not just St. Louis phenomenon, but are popping up all around the world, with one website (GhostBikes.org) listing some 600 of them in more than 100 U.S. cities and nearly two-dozen countries.

Overall, hundreds of cyclists die and thousands more are injured in accidents each year. The National Highway Traffic Safety Administration reported that 618 cyclists were killed and 52,000 injured in crashes with motor vehicles in 2010 alone.

Bicycling can be dangerous, but cyclists should not have to pay for other people's mistakes on the road. The NHTSA provides several important tips for those out for a bike ride. First, control your bicycle. About half of cyclist accidents are single rider crashes. It's important to learn how to properly control your bike by starting and smoothly stopping it. Second, know the rules of the road. In every city in Missouri a bicycle is considered a legal vehicle. As such, you are required to obey all traffic laws, signs and signals. Ride in the direction of traffic; never ride against traffic. Finally, remember that helmets serve as your last line of protection. Make sure you are using a bike helmet that properly fits your head. Also, if you're riding while it's dark out, reflectors that are attached to the rider as well as the bike can be a lifesaving addition.

As an experienced St. Louis personal injury attorney, I can tell you that it's critically important to seek medical attention as soon as possible if you've been injured in a bicycling accident. Call the police and have an officer complete an official accident report. Finally, if you're able, try to get pictures with a cell phone or a camera. The more proof you have the better you'll be able to prove the extent of your injuries later on.

For information on how to protect your legal rights if you or a loved one has been seriously injured in an accident, call one of our Missouri car accident attorneys today at 314-863-0500.

Source: "'Ghost bikes' are haunting reminders of dead cyclists," by Peter Schworm, published at Boston.com.

See Our Related Blog Posts:

Number of Pedestrian Deaths on the Rise

Missouri ranked 16th highest number of injury deaths

Death from car accidents are currently at historic lows. That is great news to know that the safety rules are being enforced through criminal and civil law to make the roads safer for everyone. Particularly stronger law enforcement and more social stigma related to drunk driving and car accidents.

One group that is not see a drop in injuries from accidents is motorcycle riders. In fact, motorcycle deaths have more than doubled in the last 30 years to around 5,000 per year. According to reports by several agencies, the rise of deaths is clearly seen in the states that have loosened or repealed the helmet laws. Currently, only 19 states require every rider to wear a helmet. In 1970, 47 States required helmets for all riders, that is a 28 state difference in 30 years. Most recently was Michigan' s repeal of it 50 year old helmet law. Many groups, myself included, believe the helmet laws encourage public safety on the roadway, much like seat belt laws, which no one tries to repeal, because its just common sense. However, Biker groups argue helmet laws infringe on their personal freedom, and say the government instead should emphasize rider training to prevent crashes from happening in the first place. But isn't requiring more training curtailing personal freedoms as well?

The causal connection is obvious, crashing on a bike hurts, bad! Not having a helmet means the biker suffers head injury leading to severe injury or death. Without a doubt wearing a helmet makes riding a motorcycle safer. Helmet laws are the best way regulators have to reduce deadly accidents. NHTSA estimates that helmets saved 1,483 lives in 2009, and another 732 deaths probably would have been avoided if all riders worn helmets. The social costs of the motorcycle injuries and deaths are also huge: a 2008 agency estimate concluded that $1.3 billion in medical bills and lost productivity would have been saved if all bikers had worn helmets.

I have personally been in 2 motorcycle accidents. I always wear a full face helmet when I ride. In one accident I doubt wearing a helmet or not would have made much difference. However, in another accident, a car pulled out of a parking lot right in front of me, I had to drop my motorcycle and my body slid under the car. While I slid I was holding my head up to see where I was going and after going under the car my head violently struck the side of the car. Had I not been wearing a helmet the side of my head would have been severely injured and probably suffered a severe brain injury.

For detailed article on the arguments for and against helmets and the evidence linking no helmets to increased head injury and death, see "Despite Death Toll, Motorcycle Groups Strive to Muzzle U.S. Regulators"

Related Missouri Injury Law Articles:

Motorcycle Injuries on the Rise: Causes, Prevention, and Resolution

St Louis Missouri Motorcycle Accident Lawyer - Cases in the News

Continue reading "Motorcycle Deaths Rise in States that Repeal Helmet Laws " »

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 " »

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" »