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Atlanta personal injury lawyer blog Wednesday, November 25, 2009

  Remembering Bicycle Safety for Drivers

In light of the recent death of bicyclist Andres Martinez, it is easy to place the blame for motorist v. cyclist collisions on cyclists who fail to observe proper road etiquette and protect their own safety. While cyclists do bear the responsibility for watching out for themselves – as we all have the responsibility to drive defensively on the road – this ignores the obligation of motorists to recognize and respect those with whom they share the road.

More than 500,000 cyclists a year are injured seriously enough to seek emergency treatment, and around 700 die of bicycle related injuries. Nearly 60 percent of those injuries harm children under the age of fifteen.

Reading these statistics, and faced with the clear fact that death and injury could be avoided, how can we not all do our part to make the roadways a safer, friendlier place for cyclists?

There are several things we can easily do as motorists make our communities more bicycle friendly.

First and foremost, drivers must always be alert and aware of their surroundings. This is true at all times, for the safety of cyclists, pedestrians, other drivers and ourselves, but cyclists can give us extra things to watch out for. Remember to check the bike lane, particularly when turning. Cyclists are often hit by cars making both left and right hand turns, because they failed to check the bike lane when scanning for traffic.

Also, be aware of a cyclist’s speed. Some riders, on newer, high tech bicycles, can reach surprisingly high speeds. Others will not be so fast. A driver should never take a cyclist’s speed for granted.

Be aware of bicycles not only while driving, but also while opening car doors. Cyclists may not have time to stop if you open a door suddenly in front of them.

Extra caution and attention should be paid in residential areas or around schools where there are more likely to be children. Young children may have poor balance, and wobble more or take more erratic courses than adults. They are less likely to signal when turning or stopping. Always give children extra space while riding.

And make sure to give all cyclists ample space when passing. Passing too closely or too quickly is dangerous, and can be intimidating to cyclists. The wind from your passage can also even topple cyclists. Make sure you are well clear of cyclists before moving back into your own lane when passing.

Be polite – don’t honk as cyclists unless it’s an emergency. The horn is louder outside the car than it is inside, and the sudden, loud noise can be startling.
Remember that cyclists would generally prefer not to be in your way. If a cyclist is not to the extreme right hand side of the road, it is probably because he or she is trying to avoid hazards there which you may not be able to see.

If you or someone you love has been injured by a careless driver while riding a bicycle, it is important to talk to an experienced lawyer as soon as possible. Call (404) 531-9700 to schedule your free consultation at MLN Law.

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Tuesday, November 24, 2009

  Accident Reminds Us of Bicycle Safety

Cherokee County authorities identified a man killed in an accident between a bicycle and a van November 10 as Andres Martinez.

Martinez, a twenty-seven year old from Woodstock, was riding north on the sidewalk adjacent to the southbound lanes when he collided with a van turning right out of a parking lot. He died of head trauma. He was not wearing a helmet.

According to police spokesman Paul Brown, the driver of the van is not expected to face charges.

Martinez is one of the 700 or so people who die every year as a result of bicycle related injuries, according to the CDC. Another 500,000 or more people are treated yearly in emergency departments. Children under fifteen years of age account for 59 percent of these injuries, showing the young to be particular vulnerable in this regard, though adult cyclists such as Martinez are clearly also at risk.

It is important for both cyclists and motorists to remember bicycle safety, and to share to road with mutual respect and awareness. For cyclists, the stakes are especially high.

Cyclists should always protect themselves. Riders should always wear a helmet, and wear it correctly. The brain is fragile, and even a minor fall could potentially leave you with a serious, even life-threatening injury.

Beyond that, it is important to do everything within your power to make sure you can maintain control of your bicycle. Make sure your bicycle is the right size, and properly adjusted to fit you – this will make your bicycle both more comfortable, and less likely to escape control.

Never ride your bicycle while under the influence of drugs or alcohol. Just as with driving a car, substances which impair your reaction time and decision making skills put you at greater risk of losing control and having an accident.

Be visible and alert.

Bright colors, lights and reflectors can do a great deal to improve your visibility to motorists, particularly in bad lighting. Yellow and lime green are good colors for riding, because they will not fade or lose their visibility in poor lighting. At night, or in fading light, red can appear black, and makes a poor choice for riding attire.

Even if you are obeying the traffic laws and do everything correctly, other drivers may not. As a cyclist, you are at greater risk of injury or death than the motorist. Be aware of them, and ready to stop or take evasive action if it becomes necessary.

Ride with traffic. This will make you more visible to drivers entering the road and changing lanes. While the driver of the van in this case ought to have been aware of Martinez, Martinez increased his chances of not being seen by being where he wasn’t expected to be.

Cyclists must obey STOP signs and traffic signals. Rushing through yellow lights may not give you time to clear the intersection before the light changes; respect them accordingly.

If you or someone you love has been injured by a careless driver while riding a bicycle, it is important to talk to an experienced lawyer as soon as possible. Call (404) 531-9700 to schedule your free consultation at MLN Law.

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Friday, June 12, 2009

  Bicycle Helmet Safety Tips

We recently wrote about a tough Indiana high school senior who survived a traumatic brain injury and, because of a helmet, was able to walk with her graduating class. Sure, Courtney Brinckman may have substituted a bulky helmet for a cap and tassel, but the helmet did its job and protected her still healing brain.

Two years ago, cyclist Ryan Lipscomb of Madison, Wisconsin was saved by his bicycle helmet when a truck rolled over his head. "I didn't see it coming, but I sure felt it roll over my head. It feels really strange to have a truck run over your head,” said Lipscomb, in what had to be the understatement of his life.

Helmets are vital in war zones. Back in April, Purple Heart Recipient Staff Sgt. Matthew Harvey of the U.S. Army 4th Infantry Division talked about how his Kevlar helmet saved his life. The piece of equipment actually channeled a bullet around his head, saving him from what could have been a life-altering head injury.

Brinckman, Lipscomb and Harvey were all saved by helmets in unusual circumstances, but what about every day helmet use when performing routine activities like cycling?

Bicycle helmets have been shown to prevent 85% of cyclists' head injuries. They are legally required in most states, including Georgia.

According to the Bicycle Helmet Safety Institute (BHSI), there are over 700 cyclist deaths in the United States every year. Almost all of those are the result of a collision with a car or other motorized vehicle. Many more cyclists – men, women, and children – suffer serious injuries.

Here are a few tips about bicycle helmet safety courtesy of the BHSI:

• Have your child professionally fitted for a helmet. A good fit can mean the difference between a wounded head and merely wounded pride.

• Don’t worry about cost. Your child is worth it and discount helmets protect just as well as higher end helmets if correctly fitted. Be sure any helmet you buy has a sticker inside stating that it met the US Consumer Product Safety Commission standards.

• While all children (and adults, too) need to wear helmets, a toddler’s neck may not be strong enough to support the weight of a helmet. Never ride with a child less than one year old and, if in doubt about an older toddler, consult your pediatrician before taking a ride.

• Some children, especially around the 7th grade, resist wearing bicycle helmets because they think it makes them look “geeky” or out of place among less safe friends. Think of the alternative and enforce the rules.

• Always replace the helmet every time a child crashes. Though the damage may not be readily visible, helmets are less protective after a crash and continuing to wear a helmet that has protected your child’s head in an accident once could result in injury later down the road.

• Children suffering from head injuries as the result of a bicycle accident can have permanent personality changes, difficulty concentrating, difficulty learning, aggressiveness, headaches and balance problems.

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Monday, July 7, 2008

  State of Hawaii to pay $1.34 million for bicycle accident

A judge has ordered the state of Hawaii to pay $1.34 million in damages to Mr. Richard Dunn for injuries he sustained after being thrown from his bicycle after striking a mount on the roadway.

Mr. Dunn sustained brain injuries, despite the fact that he was wearing a helmet, and the judge found that negligent maintenance of roadway delineator caused the accident.

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