BikinginLA

Today marks the second edition of the new guest column by LA bike lawyer Jim Pocrass. 

Yes, this is a sponsored placement. But he once again offers good advice — this time on how to help if you should come upon a downed rider.

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Bikes Have Rights™

By James L. Pocrass, Esq.

Pocrass & De Los Reyes LLP 

 

 

Someone in my office came to me recently to tell me that as she was driving home she saw a bike accident. The car that had hit, presumably, the cyclist was parked nearby. There were a few people helping the cyclist, who sat in the middle of the road. She could hear the sirens of emergency vehicles that were on their way.

She said that though she wanted to stop to help, she felt that since there were people at the scene already, it wouldn’t be useful. So she didn’t stop. She asked me if I thought she should’ve stopped.

Upon thinking about the question, I told her I thought she should have. Because we work with so many cyclists who have been in bike accidents, we know what information the cyclist needs if they want to pursue a legal case.

In the immediate aftermath of a bike accident, even the most knowledgeable cyclist is probably shaken and stunned. If the cyclist has suffered serious personal injuries, they may be incapable of collecting the necessary information.

Also, there is no guarantee that the people who stop really know what information the cyclist – or the cyclist’s family – is going to need for legal action. More than likely, the people assisting the fallen cyclist are most concerned, understandably and rightfully, with the cyclist’s injuries.

If you see a cyclist down, of course the first thing to do is to call the police and to get the cyclist emergency medical assistance. If that is being done by others, you can best assist the fallen cyclist by writing down the following information:

• Time & Place: Notate the time the accident happened as well as the location. You want to include approximate address, the nearest cross street(s), and the city.
• Vehicle Information: Most importantly, get the license plate number and state. Note: if the cyclist was hit by a truck, you need to get the license plate number of both the cab and the trailer. They may be different. Write down the make, model, year, and color of the vehicle that hit the cyclist.
• Driver Info: Get the driver’s name, phone, address, email, and driver’s license number (and state). Get the driver’s insurance information, including company and policy number.
• Witness Info: Get the name, address, phone, and email of any witnesses (including any passengers in the vehicle).
• Photos: One of the most helpful things you could do for the cyclist is to take pictures with your phone. You want pictures of the bicycle and of the car (multiple views and as close as possible). Then take multiple pictures of the scene of the accident, from numerous angles, as it relates to street signs, lights, corners, and curbs.

Once you have collected this information, write down your contact information, with a brief note that you have witness information and photos, and give it to the fallen cyclist, tuck it into the cyclist’s pocket, or give it to a paramedic to put with the cyclist’s possessions.

The worse the cyclist’s injuries are, the more important this information will be to the cyclist or to the cyclist’s family.

You don’t need our help to do this, but we did create a free, wallet-sized guide to carry with you should you have a collision or should you see a fallen cyclist. You can either download a version of it here, or send us an email and include your mailing address and we’ll mail you a hard copy of the guide.

A very experienced cyclist, whose case we are handling, told us that he had one of our guides in his wallet when he had his bike accident, and he was so shaken he never thought about using it.

So let’s help each other and gather the information necessary to strengthen each fallen cyclist’s legal case. If people will not be careful around cyclists because it’s the right and legal thing to do, maybe they will change their behavior when they feel the sting from their pocketbooks.

*California Vehicle Code 21200: A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle. . .

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For more than 25 years, Jim Pocrass has represented people who were seriously injured, or families who lost a loved one in a wrongful death, due to the carelessness or negligence of another. Jim is repeatedly named to Best Lawyers of America and to Southern California Super Lawyers for the outstanding results he consistently achieves for his clients. Having represented hundreds of cyclists during his career, and Jim’s own interest in cycling, have resulted in him becoming a bicycle advocate. He is a board member of the Los Angeles County Bicycle Coalition.  For a free, no-obligation consultation, contact Jim Pocrass at 310.550.9050 or at info@pocrass.com.