Missouri Injury Law Blog

As a Missouri and Illinois personal injury lawyer based in St. Louis and having handled several Missouri bike accident cases currently and in the past, I see the intolerance many motorists have towards cyclists; additionally, I have been that cyclist that is cut off or almost hit on a few occasions as well. Recently a story out of LA has shown how far this intolerance can go; a doctor passed a few bike riders, yelled at them, then after he passed them cut in front of them and slammed on his brakes. Once cyclist's head went through the rear windshield and he has had about 90 stitches in his face, the other bicyclist is suffering from a serious shoulder injury. Unfortunately, it took an egregious case like this for the prosecutor to take any action, as the driver had done this before (no injuries in prior incident) but nothing was done about it. See - Road Rage Bike Accident Injury Article.

Missouri has been rated very low regarding bicyclist safety, see Missouri Bicycle Injuries and Safety - Roadway Injuries and Deaths in Missouri however, I do not believe that bicycle safety in St Louis will improve much until the State legislates harsher and more specific laws regarding bicyclists and the State and local prosecutors actually prosecute these cases. Below are links to several article on this subject:

Missouri and Illinois Bike Statutes - Progress is being made to help protect Missouri & Illinois Bike Riders from Injury by Motor Vehicles & Negligent Drivers

Bicycle Accidents - How to Avoid Them - Common Causes of Bike Accidents Resulting in Injury or Death

St Louis Missouri Bicycle Accident - Recent Case Demonstrates Lack of Attention Given to Cyclists by Motorists

Missouri Wrongful Death - young Bicyclist Killed by Truck

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Posted In: Bicycle Accidents

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My client was riding her road bike on Old Gravois Rd. in south St Louis county on a Sunday afternoon, when she was thrown from her bike and seriously injured. The injured St Louis cyclist ended up with a broken clavicle and a host of other abrasions, scars, road burns, lacerations, and contusions.

What caused this biker to be thrown from her bike? A three inch diameter black hose laid across the street on a downhill slope in the middle of a Sunday afternoon. This created a dangerous condition for Missouri bikers as there were no warnings or other notices to the public using that road that a 3" obstruction was on the road just down the hill. Additionally, the black color and fact it was on a steep downhill slope created limited visibility of the hose and a bicyclist would not see the hose until it is too late to stop. This road is routinely used by cyclists and that coupled with the dangerous conditions above make the accident and injury to cyclists legally foreseeable.

On behalf of my client, I am pursuing a Missouri personal injury bike accident claim against the builder that was using the hose and hydrant outside of its permitted use and in such as way as to create an unreasonably dangerous condition on a St Louis Missouri public roadway.

This hose was hooked up to a fire hydrant across the street from a construction site the at fault party was using. They had a permit for use of the hydrant, but it was limited for a specific purpose and not allowed use on the weekend. The builder was using this hydrant outside of the permitted use certificate. The improper use and improper warning was the cause of this Missouri bike accident injury.

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Posted In: Our Injury Cases , Bicycle Accidents

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Several months ago I posted a Missouri personal injury lawyer blog entry regarding the top causes of bicycle accidents with motor vehicles and trucks, (bike accident article link) and discussed a case I was handling that was caused by the "right hook". Recently I was retained to represent an injured St Louis bicyclist that was injured as a result of "The Right Cross". See image for bike accident description. In this current St Louis bike accident case, my client was riding in a designated bike lane on Russell in downtown St Louis city and the negligent driver was driving a Hummer H2 when she made a right turn directly into him as he was crossing the intersection. Traffic on Russel at that intersection does not have a stop sign, however, cross traffic does. Again, this is a common cause of bike accidents, simple failure of drivers to recognize or even be aware of cyclists around them.

As a practicing Missouri bike accident lawyer, I have handled a lot of bicycle personal injury cases in St Louis and throughout Missouri and Illinois, and in almost every case the police report is written with a clear bias toward the cyclist, however, in this case I must commend the St Louis city police officer for writing a proper and non biased report. As discussed in a previous bike accident injury lawyer post, I had to take a bike injury case to trial because the insurance company refused to pay based on the police report blaming the cyclist. After a St Louis bike accident personal injury trial, the jury decides that it was the driver's fault and came back with a Plaintiff's verdict in favor of the bike rider I represented and blamed the driver for the accident, despite the police officer's report, because they saw the bias and poor reporting that I and other Missouri personal injury lawyers often see.

Just recently, an Alton Illinois bike accident with a large truck resulted in the tragic death of a bicyclist. The details of the accident are being held as the family is still being notified. From what little is known, the Alton bike accident seems similar to an accident in Pennsylvania when a truck hopped a curb when making a right turn and killed a woman bike rider. The truck company settled that case for $5.1 Million. See Personal Injury Wrongful Death Bike Accident Lawyer Settlement.

Posted by Benjamin J. Sansone | Permalink | Email This Post

Posted In: Bicycle Accidents , Truck Accidents

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An important aspect of my St Louis personal injury practice is the representation of injured cyclists in Missouri and Illinois who have been injured as a result of a bicycle crash caused by a negligent driver of a car or truck. As a St Louis Missouri personal injury attorney and an avid cyclist myself I see these cases through the eyes of a St Louis personal injury lawyer and the I see bike accident personal injury cases through the eyes of a cyclist.

Recently, the Missouri Bicycle Federation released its first annual report card regarding biking in Missouri. The report card gave Missouri a D. One of the primary reasons is that in Missouri bikers and pedestrians make up 5% of traffic yet are the victims of 15% of the Missouri roadway injuries and crashes and 7.5% of the roadway deaths in Missouri.

Another reason for the low grade, Missouri has done nothing to change the law for bicyclists in 2007. In a previous Missouri Bike Accident post I discussed some of the minor changes that have been made in years past to benefit bikers. However there are still major changes that must be done to Missouri bicycle and pedestrian law.

See previous blog posts:

Right Hook - Primary Cause of Missouri Bike Accidents and Injuries

Common cause of bike accidents - St Louis bike accident lawyer

St Louis personal injury bike accident lawyer gets injury jury verdict against motorist that failed to yield

Bike Law Resource

MO Bike Federation - Missouri Bike Accidents and Safety Report

Posted by Benjamin J. Sansone | Permalink | Email This Post

Posted In: Bicycle Accidents

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As a St Louis based Missouri and Illinois personal injury attorney, I have represented several injured cyclists that have been hurt as the result of the negligence of a motorist. Over the last several years a few good foundations have fought for the legislation of better statutes and laws to protect bicyclists from cars in an attempt to reduce the number of bike accidents and injuries caused by drivers.

In Missouri the law requires that motorists maintain a safe distance when overtaking a cyclist, See Missouri Statutes 304.678 and 300.010:

Distance to be maintained when overtaking a bicycle.
304.678. 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.

An excellent Missouri Bike Laws Resource: Missouri Bike Federation

To date however, there are many holes in Missouri's bike laws. For example, there is no law in Missouri giving a bike rider the right of way if a bike and a car approach an intersection at the same time going the same direction and the driver makes a right turn and hits the cyclist. There is no Missouri law in that case giving the cyclist the right of way, as any reasonable person would think. This may sound trivial, however, should this issue go to trial and a jury, then the personal injury lawyer for the injured bicyclist is not allowed to argue the car failed to yield. This could make a big difference to a jury and is a major claim of negligence that a judge may not allow a Missouri bike accident personal injury lawyer to submit on behalf of a bicycle accident victim.

Illinois Bicyclist Laws are progressing as well, as of January 1st Illinois law now requires:

1. Motorists must leave a minimum of 3 feet when passing a bike
2. Cyclists may "take the lane" (ride further from the curb) where right turns are authorized
3. Cyclists have the option of using a right arm hand signal when turning right

A Great Illinois Bike Law Resource: League of Illinois Bicyclists

More laws protecting cyclists will hopefully lead to less accidents and injuries, however, even if it does not, these laws are critical when protecting a cyclist's right in court. As I have learned through experience, a bike rider is fighting an uphill battle as most reporting police officers will report the case in favor of the driver, and most jurors tend to lean towards the driver, as all jurors are drivers, but few are bikers. The more laws stating the obvious protections then the more teeth an injured cyclist has in recovering from a negligent driver's insurance.

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Posted In: Injury Law , Bicycle Accidents

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This week we secured a Plaintiff's verdict in favor of a bicyclist who was hit at an intersection when a driver of a pick up truck made a right turn and crossed the shoulder the cyclist was in, causing her to hit the side of his truck, get thrown from her bike, and break her elbow. The driver claimed he saw her, made and extra wide turn, and that she panicked and lost control of her bike all by herself. Additionally, the police officer, who did not witness the accident, testified against the cyclist essentially claiming the bike accident and injury was her own fault.

Despite the evidence presented by the defense we were able to overcome that bias many people have, and clearly the police officer had, towards bicyclists and our right to use the roadways and the degree of care motorists must exercise towards bike riders.

Almost no cases, at least none that are available in court records or that I know of, regarding collisions between cars and bicycles are taken to trial in Missouri. In fact, many Missouri lawyers drop bicycle accident cases or do not aggressively pursue them. The simple fact of the matter is, despite some good statutes in Missouri protecting bicyclists, there are still many laws that could be passed to protect cyclists. For example, Missouri statutes require a safe distance be maintained when passing a bicyclist, however, there is no state statute regarding the duty of a motorist to yield to a bicyclist traveling in the shoulder when making a right turn. As in the case above, the entire case had to be tried on a "failure to keep a careful lookout" legal theory as the judge would not allow me to argue failure to yield, claiming that there is no specific law creating that duty. A point that we are appealing along with a few others in an attempt to clarify Missouri bicycling law and the legal responsibility in Missouri of drivers towards bicyclists.

Posted by Benjamin J. Sansone | Permalink | Email This Post

Posted In: Verdicts & Settlements , Bicycle Accidents

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A speeding driver hit and killed a 17 year old boy after he crashed into the back of the bicyclist at about 100 mph. The cyclist was killed by the collision. The wrongful death was clearly the driver's fault, however, despite his excessive speed no criminal charges were brought. Even more insulting to the cyclist's family, the driver sued them for the damage to his car.

In reaction to the property damage lawsuit, the parents were quoted as stating, "It's the final straw, a stab in the back ... [b]efore the lawsuit we thought the poor guy would find it hard to live the rest of his life with the thought of having caused our son's death."

As previously discussed in my other bicycle accident and injury related blog entries, I have seen first hand, as a St Louis Missouri injury lawyer representing injured cyclists, the prejudice and disrespect shown by drivers, witnesses ,and even jurors towards cyclists. It is important to work around this aversion many people have against cyclists, primarily from their frustration from a few cyclists they have encountered on the road. This is crucial to successful resolution of a bike injury case.

As an experienced St Louis Missouri and Illinois bicycle accident and bicycle injury lawyer I have successfully dealt with these hurdles in bike accident cases that often find their way to me after the initial injury lawyer drops the case or does not pursue it very diligently for many of the same reasons discussed above.

Posted by Benjamin J. Sansone | Permalink | Email This Post

Posted In: Bicycle Accidents

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June 2007, in Springfield Missouri, a bicycle accident occurred when Mike was riding his bicycle North on Campbell Rd, and a truck owned by an electric company and operated by an employee, overtook Mike and proceeded to make a right hand turn cutting him off and causing a collision between the truck and the bike. This common bicycle accident scenario is referred to as the "Right Hook". See the Police Report Excerpt Below.

Under Missouri law, bicyclists are to be treated as other vehicles; for instance, under Missouri law a vehicle is not to cut a bicyclist off, pass a bicyclist unsafely, or pull out in front of a bicyclist. Many drivers ignore the safety and well-being of cyclists and feel they should no be on the road and thus sometimes act hostile towards bicyclists.

Missouri Statute § 307.188 - Rights and duties of bicycle and motorized bicycle riders: “Every person riding a bicycle or motorized bicycle upon a street or highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle as provided by chapter 304, RSMo[.]”

Missouri State Statute § 304.678-"Distance to be maintained when overtaking a bicycle - 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."

As many drivers feel about cyclists, so do injury lawyers and insurance adjusters. I was hired to represent Mike after his local lawyer secured a settlement for his medical bills only and did not want to pursue it any further. Insurance adjusters need to be convinced that a cyclist's case is just as worthy as if they were in a car and were cut off. Legally, the liability is no different, however the prejudice against cyclists as a nuisance on the road is ever present and must be overcome by aggressive legal representation of your injury claim.

Missouri Bike Accident and Injury Lawyer Reference - Petition for Collision caused by the Right Hook or Failure to Yield

Posted by Benjamin J. Sansone | Permalink | Email This Post

Posted In: Our Injury Cases , Bicycle Accidents

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As a St Louis Missouri personal injury attorney I speak to dozens of bikers that are hit by cars. In most cases, injured bicyclists are the victims of driver inattention, which causes or allows the motorist to strike the bicyclists and cause a bicycle accident. The primary cause of bicyclists being hit by cars, driver inattention. In my experience as a personal injury lawyer, the most critical injuries occur when a motorists underestimates a bicyclist's speed, over takes them, and then makes a right turn directly in front of the bicyclist, thus causing a collision. The results are often severe injuries to the bicyclist. In most cases I handle, the bicyclist suffers from broken bones, road rash, multiple bruises, and lacerations.

This type of bike accident or injury is often referred to as the "The Right Hook" (see diagram). It is very common and i am currently representing two Missouri bike accident victims that were injured as a result of this very type of action by a driver. In both cases, the driver swears they never saw the bike or the cyclist or that they passed them and made an extra wide turn, but someone they still cut the off. Fact of the matter is, motorist often are hostile to cyclists and do not respect their own duty to share the road.

The "RIGHT HOOK" - Bike Accident

Bicycle Safety - Top 10 Most Common Causes of Bike Accidents

Bicycling Safety Tips - Be Predictable to Avoid an Accident and Injury

Bicycle Crash Statistics - Bicycle Almanac

Posted by Benjamin J. Sansone | Permalink | Email This Post

Posted In: Bicycle Accidents

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Our new client, Erin, was recently involved in a bike accident in St Louis MO while on the Grant Trail. The Grant Trail crosses Grand and at that intersection there is also a gas station. Erin suffered serious personal injury as the result of a driver who failed to yield to her right of way when crossing the intersection. She had the walk signal and the driver simply did not see her, why? because many driver's simply do not look out for cyclists. Erin wound up int he hospital for 4 days with lacerations, bruises, and a severely broken ankle.

The driver admitted fault to Erin and another cyclist witnessed the admission, however, when the police arrived the driver's story changed. Fortunately this is a case supported by evidence of independent witnesses and the fact of the light and crosswalks signal timing, which will show the driver made and illegal right turn on red.

Some bicyclists end up a lot worse than Erin, there are several reported cases of Missouri bike accidents where the bicyclists have died, over 4 dozen in the past 5 years. One such instance was about 30 days ago when 2 cyclists died when rammed from behind by a pickup truck. Charges against the driver are under review, chances are a fine and community service will result.

Bicyclists all know it, many drivers do not like us! and, unfortunately, that sentiment is no different in the legal system. As I have posted before, I am an avid cyclist, I will go for a weeks without missing a day of 20 mile rides and 50 mile rides on the weekend. It is a great activity, however, many drivers just do not pay attention to us or do not care to; that is when injuries or even death occurs.

I am one of the few injury lawyers I know who take bicycle accident cases (unless it is an egregious case, most lawyers take those cases), in fact, some of the best bicycle cases I have are "orphan cases" meaning other lawyers did not want them for whatever reason. I think many injury lawyers draw on their experiences as a motorists and maybe they have had frustration with cyclists in the past and therefore cannot see the side of the cyclist.

Coming up in the nest couple of weeks is the MS 150 in Columbia MO, I am on a a team riding in the event and I hope this year is as great as the last 5 years we have attended, no serious accidents!

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Posted In: Our Injury Cases , Injury Law , Bicycle Accidents

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Currently I represent a wonderful lady involved in a bike accident who rides her bike several times a week early in the morning and on lightly traveled roads. About 6 months ago a driver in a hurry to get to work around 6:00 a.m. passed her and then made a sudden right turn directly in front of her causing her to strike the side of his truck and that caused her to be thrown off her bike. The driver got out, asked if she was ok, and then immediately left! She went to the hospital and was found to have a fractured elbow and had to have a bolt placed in her arm. She underwent months of pain and medical treatment. I filed a negligence claim on her behalf against the driver.

The Missouri Driver's Guide States:

If you are following a bicyclist and need to make a right turn, you must yield to the cyclist. It is often safer to slow down and remain behind the cyclist until you are able to turn.

The case is currently set for trial in December 2007. One of the difficulties I anticipate we will have is jury selection. As we all know, drivers do not particularly like bicyclists, they get in our way when we drive! I am an avid bicyclist and I often have these thoughts when someone is riding their bike on a busy street.

Hopefully we can overcome the bias that is apparent in our society, especially considering my client in this case was riding early in the morning, on a side road with a large shoulder area, and she was riding on the shoulder which was several feet wide.

Missouri Law related to Bicyclists - As published by the Missouri Bicycle Federation

Statements from Missouri Driver's Guide about Sharing the Road

Posted by Benjamin J. Sansone | Permalink | Email This Post

Posted In: Our Injury Cases , Injury Law , Bicycle Accidents

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