Insurance Companies Are Not Your Friend

 

Jim Pocrass, Pocrass & De Los Reyes LLP

Jim Pocrass, Pocrass & De Los Reyes LLP

Bikes Have Rights™
By James L. Pocrass, Esq.
Pocrass & De Los Reyes LLP 
 

Behind the warm and fuzzy jingles, the precocious animal mascots, and the deep-voiced spokespersons, insurance companies are faceless, heartless corporations whose one purpose is to increase premiums and to decrease payouts in order to make the biggest profits possible.

Simply put, THAT is why you need your own lawyer if you have a bike accident.

If insurance companies were “fair,” I’d be out of a job. I am pretty confident that unemployment due to insurance companies deciding to do the “right thing” is not something I have to worry about in my lifetime.

The reality is, after you have had a bike accident and the friendly insurance adjuster calls you, his (or her), goal is to come up with a reason not to pay you. If he can’t outright deny you compensation for your damages, he wants to diminish your case so the company has to pay you as little as possible.

Rest assured, everything you say to that nice insurance adjustor can and will be used against you in a court of law. That is why I – and every other personal injury lawyer – will tell you to refuse to speak to an insurance adjuster or insurance representative. Give the adjustor your lawyer’s name and phone number and hang up.

If you cooperate with the insurance adjuster and you are offered a settlement, it is likely that you are getting 10 cents on the dollar of the value of your case. I was once told by an adjuster that he received a bonus if he could settle a case within 48-hours.

Let me tell you about a case I handled. A client who had a Los Angeles bike accident injured his shoulder. He talked with the kindly insurance adjuster who sympathized and sent him to a doctor (an insurance company sending you to a doctor is a rare occurrence).

SURPRISE! The doctor recommended by the insurance company said my client’s shoulder was fine. The company offered my client $5,000 to settle his case.

My client’s shoulder really hurt. He finally engaged a lawyer (me), and I sent him to a doctor. The doctor I sent him to diagnosed a torn rotator cuff. He underwent surgery. We settled the case for $150,000.

Never forget that insurance companies have more knowledge than you do. They also employ an army of lawyers. They can throw more resources at your case than you even know exist. They have all the power, all the money, and the wherewithal to fight you when you are fighting alone.

You need an experienced personal injury lawyer to level the playing field. I have written here before about how to choose a lawyer, but it bears repeating to say you should look at how or where you got the referral, the lawyer’s experience in your type of case, and the results the lawyer has achieved.

Now go increase your uninsured motorist insurance to the maximum the insurance company will permit, and the next time you see an insurance company commercial, remember, they are not your friend.

*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. . .

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.

*Sponsored post

 

Morning Links: Pro cycling tours kickoff, the Bieb take a pedacab and six-year old cyclists come to blows

Lots of pro cycling news today.

Once again, cycling fans’ attention will be divided as this weekend’s kickoff to the Amgen Tour of California goes head-to-head against the Irish start of the legendary Giro d’Italia; always disappointing that these two great tours have to run at the same time.

The inaugural Women’s Tour of Britain starts today; meanwhile, one of Canada’s biggest bike events offers equal prize money for men and women. Nice to finally see women cyclists finally get the attention and support they deserve.

And Colorado’s USA Pro Challenge announces the routes for this summer’s race, including its first-ever mountaintop finish.

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Nice video for today’s Culver City’s Bike to School Day.

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Local

A writer for KCET calls for transportation equity and just growth.

Just Ride LA hosts a free Street Cycling Skills Workshop next Wednesday.

After showing off his pantsless posterior, the Bieb takes a pedacab on Venice Beach as his bodyguard is forced to run along behind.

Metro teams with CICLE and the Eastside Bike Club to host the Old Roots, New Routes ride to visit the new Rosemead Blvd cycle tracks.

Pasadena’s Colorado Blvd goes car-free for two hours on Saturday the 17th in advance of the finish of Stage 7 of the Amgen Tour of California at Pasadena City Hall.

 

State

A Laguna Beach mountain bike rider is airlifted out of El Moro Canyon with a broken leg; a reminder to ride with a companion and always carry a cell phone and water when you go off road.

A minor miracle in Rancho Cordova, as a bike rider survives a collision with a train.

Freakonomics says what so many cyclists have said before — if you want to get away with killing someone, use a car.

 

National

Esquire offers advice on how men can ride to work in style. Or you could try this $730 bike commuter suit.

Bazaar captures 10 women celebrities who bike in style. And yes, they do.

Evidently America’s bike paradise still has some work to do. Is bike-friendly Portland resting on its laurels?

Connecticut passes a bill calling for a $1,000 fine for motorists who fail to operate their vehicles and cause injury or death. It may help hold dangerous drivers accountable after the fact, but will the threat of a fine really make people drive more safely?

A North Carolina bike lawyer says bicycle crashes aren’t accidents.

 

International

British Olympic and Paralympic stars call on the country to make the roads safer for cyclists.

Less than bike-friendly Madrid is about to get an e-bike share program. Electric bikes make a lot of sense for a bike share system due to users widely varied skills and fitness levels.

Buy an apartment in Melbourne, get a $1,000 bike and a place to fix it. Not that the price of the free bike hasn’t already been added in to the cost of the apartment, of course.

 

Finally…

Caught on camera — road raging Brit six-year olds come to blows after colliding on their bikes. And when you’re carrying an ounce of dope, it’s probably a good idea to listen to the cops when they tell you to stop popping wheelies.

 

Morning Links: Petition urges tougher hit-and-run penalties; an LA cyclist says you’re not above the law, either

A new petition urges tougher penalties for hit-and-run drivers who injure or kill bicyclists, runners or pedestrians, in the wake of the gentle wrist-caress plea deal given the drunken killer of cyclist Andy Garcia.

If you’ve been coming here for awhile, you know I’ve offered my own suggestions on how to put an end to hit-and-runs once and for all.

Meanwhile, another petition calls for an end to the common practice of driving — legally — without plates, which makes it virtually impossible to identify drivers who flee after injuring or killing someone. Although some people want to remove the requirement for a front plate entirely because it reduces aerodynamics and might get dinged during a car wash.

Seriously.

But if some driver takes off after running over my ass, I want the cops to be able to read the imprint of the jerk’s license plate embedded on my butt cheeks.

One way or another, though, something has to be done now to stop dangerous drivers from running away like the cowards they are after colliding with another person or vehicle.

And force them to take responsibility for their actions.

Willingly or not.

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An LA bike blogger offers a word of advice to his fellow bike riders:

JUST QUIT BREAKING THE DAMN LAW, PEOPLE!

It’s a good read. And he’s got a point.

Though I might argue with the suggestion that the distain some drivers have for cyclists is justified by our own bad behavior.

But I’ve had the same experience he has of obeying the law only to watch another rider blow through the red light or stop sign I’ve stopped for. Or pausing to observe a motorist’s right-of-way only to have a cyclist swerve dangerously around me and cut the car off — then flip off the driver for the chaos he created.

And yes, it’s inevitably a he.

Granted, traffic laws were not written with cyclists in mind. And sometimes safety dictates observing the spirit, rather than the letter of the law.

But we can’t expect others on the roads to obey the laws we choose to flaunt.

There’s absolutely nothing that says traffic regulations don’t apply to you. Or me, for that matter.

And let’s not forget that if anything bad does happen, you’ll likely lose any chance of an insurance or legal settlement if it can be shown you were even partly in the wrong. Regardless of what the other party may or may not have done.

It may not be fair.

But that’s the world we live in these days.

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Local

Flying Pigeon shows how it’s done when they successfully bike the vote at the recent NELA Neighborhood Council elections.

Bodacious Bike Babes visited Union Station in advance of its 75th — not 25th — anniversary.

UCLA celebrates Bike Week next week.

The annual Palms Bike Rodeo takes place this Saturday.

 

State

The OC Register reports on Sunday’s Dana Point Grand Prix that left five women riders injured.

Bike riders take over San Diego’s Barrio Logan for a full day of all-ages bike racing.

In a nice gesture, a San Jose writer suggests naming a bike boulevard after a local priest who was killed while riding his bike.

 

National

Sadly, Silicon Valley actor and “fanatical” cyclist Chris Welch succumbs to the cancer he’d battled since 2010.

Streetsblog remembers bike-friendly former Minnesota Congressman Jim Oberstar.

A Las Vegas driver faces DUI charges when he hits a 12-year old bike rider before and after slamming into multiple parked cars, then fleeing the scene.

A Portland bike rider files suit against the city after she’s injured on streetcar tracks trying to avoid people standing in the bike lane.

New York cyclists celebrate the Blessing of the Bicycles; LA riders will celebrate ours next Tuesday as Good Samaritan Hospital honors Ghost Bikes LA. Thanks to Erik Griswold for the heads-up.

As helmets become more common for kid’s activities, including bike riding, they still do nothing to prevent concussions. As I’ve learned the hard way.

 

International

A UK rider points out the indignities women have to put up with when she’s slapped on the ass from a passing motorcycle. Unfortunately, that’s a story I’ve heard too often from other women, as well.

Now that’s more like it. British drivers who kill while driving with a suspended license will now face 10 years in prison. Then again, I’d vote for prison time for anyone who continues to drive after their license has been revoked.

Nice promo for the inaugural Women’s Tour of Great Britain this month.

 

Finally…

Top women’s pro cyclist Evelyn Stevens is just the latest to offer a video on how to change a flat tire — after the proper nourishment, of course. And a new video shows how not to lock your bike like an idiot.

 

BOLO for Mission Hills hit-and-run driver who seriously injured bike rider

This morning we linked to a brief item about a bike rider who was seriously injured in a Mission Hills hit-and-run on Sunday.

Now more details have been added to the story.

According to the Daily News, the victim, identified only as a 53-year old North Hollywood resident, was riding west on Devonshire around 9:44 am when he attempted to cross Sepulveda Blvd on the green light. A white car headed north on Sepulveda stopped briefly at the red light before accelerating and crashing into the rider directly in front of him.

The paper reports he rolled onto the hood, smashing into the windshield, before being thrown to the ground when the driver braked before fleeing the scene. He was taken to a nearby hospital with broken bones, but no life threatening injuries.

The story also notes that the victim wasn’t wearing a helmet.

Since he does not appear to have suffered a head injury, the Daily News is apparently under the impression that a bike helmet somehow would have prevented the collision or made a rider impervious to any injury, including broken bones in other parts of the body.

An alert from the LAPD’s Valley Traffic Division describes the vehicle as a white four-door Jaguar, no model given, with black rims. The driver is described as Hispanic male with dark hair, around 30–40 years old.

Anyone with information is urged to contact Valley Traffic Division Detectives at 818/644-8020; anonymous tips can be called into Crimestoppers at 1-800-222-TIPS (800/222-8477).

Keep your eyes open for a white Jag with front-end damage, especially if you ride in the North San Fernando Valley. Let’s help the LAPD bring this heartless SOB to justice.

Thanks to Richard Risemberg for the heads-up.

And best wishes to the victim for fast and full recovery.

Morning Links: A brief visit to the Santa Monica Bike Expo, and bicycling loses a good friend over the weekend

SaMo Bike Expo 1For a first time event, it seemed to go pretty well.

I stopped by the Santa Monica Bike Expo on Sunday, wife and Corgi in tow, since neither seems inclined to let me out of their sight for too long for fear I’ll drop dead from my newly diagnosed disorder, and/or the multiple meds I’m on to treat it.

Not that I don’t appreciate their concern.

There was a good selection of bike shops and manufacturers represented, including Xtracycle, Tern and Linus, who had the classiest booth by far. And there was a heavy emphasis ebikes; evidently beachside biking no longer requires actually turning the pedals yourself.

While the turnout wasn’t huge, there were quite a few people strolling the booths in the pier parking lot where the Cirque de Soleil tents stood until recently. I’m told Sunday was busier than Saturday; then again, it’s hard to compete with the day-long Long Beach Bike Fest a relatively short ride to the south.

SaMo Bike Expo 2And the beachfront location seemed to work in their favor, as a number of riders stopped in as they were riding by on the bike path; one rider even purchasde new grips to cover the bare handlebars on his long-neglected cruiser.

All in all, it seemed to be a good start.

Hopefully organizers will bring the free event back again next year, and encourage greater participation from shops and groups beyond the Santa Monica borders. And maybe pick a date that doesn’t conflict with other major bike events next time.

This is something LA has needed for a very long time. Let’s hope it proves successful for everyone involved.

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Sad news, as the best friend bicycling ever had in the halls of Congress passed away on Saturday. Former Minnesota Representative Jim Oberstar died in his sleep at age 79, after serving 18 terms in the US House.

We owe him a round of thanks for all he did to promote bicycling and alternative transportation over the years. He will be sorely missed.

Thanks to Patrick Pascal for the heads-up.

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Okay, so it has nothing to do with bicycling. But this is probably the most breathtakingly beautiful video of Los Angeles you’ll see today. And make sure to click on the full-screen option for full effect.

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Local

A 53-year old North Hollywood bike rider is seriously injured in a Mission Hills hit-and-run on Sunday morning.

Orange 20 Bikes urges you to fight to save the North Figueroa bike lanes, and questions why bike riders who have a stake in the area are considered “outside interests.” Very good question.

The LAPD’s Rampart Division celebrates Star Wars Day, aka May the 4th, with a badly Photoshopped photo of cops wielding light sabers — lifted from a 2009 Bikeside post criticizing the department for not giving a damn about cyclists in the relatively recent bad old days.

A gossip website says celebrities are avoiding rising gas prices by riding their bikes. Yeah, that’s the reason they ride, because they can’t afford to fill the tanks on their Bentleys. Then again, we can all be glad Lindsey Lohan is choosing not to get behind the wheel these days, for whatever reason.

 

State

The CHP encourages everyone to be a Roll Model — get it? — on the streets. And thankfully, directs the message to motorists as well as bicyclists for a change.

Five women’s riders were injured in a crash just 100 feet from the finish line at Sunday’s Dana Point Grand Prix of Cycling; three riders were transported to a local hospital.

Santa Cruz County held an open streets event — aka ciclovia — in Capitola Sunday.

Eureka is named a bronze-level bicycle-friendly community by the League of American Bicyclists.

 

National

The Centers for Disease Control calls on Americans to walk or bike instead of driving, in part due to the risk of car collisions.

Bicycling lists 50 rides of a lifetime around the world; PCH checks in at number four, while Mt. Baldy ranks 42nd.

That’s one way to stop a dangerous driver. After a Las Vegas motorist struck a 12-year old bike rider, a nearby man opens fire, claiming he shot to protect the boy and other neighborhood kids. Fortunately, no one was hit.

In 1897, one out of every five Chicago residents rode a bike. No wonder they call it the good old days.

The Washington Post conveys a bike-friendly safety message from AAA. Yet somehow overstates the number of bike riders killed each year by a factor of seven.

 

International

Injury rates are up for Montreal bike riders. So are traffic tickets. Then again, there’s no point in fixing dangerous streets when you can just tell cyclists to ride on the sidewalk.

A new video offers advice on how to be a gentleman cyclist. Evidently either women don’t ride, or they already follow the rules.

A record-setting Brit cyclist celebrates her 100th birthday; in 1938, she set out to ride every day of the year, eventually covering nearly 30,000 miles.

An Oxford, England cyclist is shocked! shocked! that the U-lock he swung at an angry driver actually hit him. Is it just me, or is the best way to ensure you don’t hit anyone is not to swing your effing lock at them in the first place?

An Aussie website says a government minister’s call to license cyclists is an “exceptionally silly idea,” noting a recent study found drivers at fault in 79% of cases.

 

Finally…

Must be one hell of an app. When a New York bike rider is arrested for — legally — filming a cop with his cell phone, the cop claims iPhones are being used as guns.

And a blogger says please stop blaming me for what other bike riders do.

Indeed.

Weekend Links: More on MyFig, Dana Point Crit Sunday, and how to change a bike tire in three minutes — in a dress

 

Local

Streetsblog reports on the consensus agreement for the MyFigueroa project; work may start next January and take about a year. And says there’s a rising tide for biking and walking in California.

KPPC finishes the ride with Damien Kevitt.

Santa Monica Spoke calls your attention Bike Month this month.

 

State

Dana Point hosts one of the largest single-day crits in the US this Sunday.

An OC mountain bike rider is airlifted out of a Laguna Beach trail after breaking his leg.

A San Diego writer says the recent Belgium Waffle Ride was one hell of a ride.

How to get your stolen bike back in San Francisco.

 

National

Cool looking new sensor-laden smart bike is built with safety in mind; the Kickstarter project is just $3,000 short of their $100,000 goal with four weeks to go.

Somehow, I can’t imagine the LAPD painting a bike safety message directly on their patrol cars like this one from Boise, Idaho.

A new study shows more helmet use hasn’t resulted in a decrease in injuries.

 

International

A new short video looks at bicycle culture in Cuba.

A Brit cyclist says there’s no point in obeying the rules because riding in London is always Death Race 2000. On the other hand, Olympic champ Chris Hoy is really angry at scofflaw cyclists.

Almost caught on video: A UK bike rider narrowly avoids injury when a construction crew drops a lamppost on him.

NPR looks at the risks and obstacles facing women cyclists in Afghanistan. And the drive to overcome them.

Australia’s New South Wales traffic minister says bike riders should be licensed and banned from certain roads for their own good, while a Sydney writer says not so fast.

Meanwhile, a new study shows separated bike lanes in Sydney resulted in a doubling in ridership and a reduction in overall injuries — and carry as many people on bikes as the traffic lanes next to them do in cars.

Aussie pro cyclist Travis Meyer has been released from the hospital following an April 12th training collision in Andorra that left him with a fractured skull, broken jaw, broken arm and bruised lung; surprisingly, the driver stepped-up and admitted responsibility. Thanks to Bobby Close for the heads-up.

 

Finally…

Sure, Lance and LeMond can change a tire in less than three minutes. But can they do it in a dress? A very cool new Italian bike has no spokes, hubless direct drive and folds down to the size of an umbrella. And apparently, the Queen is no fan of cyclists.

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