Bicycle Injuries
Over the years, injured bicyclists contact us and ask smart questions. Below FAQs include answers to the most frequently asked questions. Keep in mind: Each municipality owes a duty to provide reasonably safe roadways to ALL travelers, including bicyclists, pedestrians, and drivers.
Unlike many other states in the U.S., people who travel on Washington roads have a legal claim against the entity or entities (some roads/bridges are co-managed by the State and the local city or town) for a poor design or maintenance. In Owen v. Burlington Northern and Santa Fe R.R. Co., 153 Wn.2d 780, 787–88, 108 P.3d 1220 (2005), the Washington Supreme Court described a municipality’s duty as follows:
Tukwila acknowledges that it has a duty to provide reasonably safe roads and this duty includes the duty to safeguard against an inherently dangerous or misleading condition. A city’s duty to eliminate an inherently dangerous or misleading condition is part of the overarching duty to provide reasonably safe roads for the people of this state to drive upon. See Keller, 146 Wn.2d at 249, 44 P.3d 845. …Simply stated, the existence of an unusual hazard may require a city to exercise greater care than would be sufficient in other settings.
So, under Owen , a governmental entity’s duty to eliminate an inherently dangerous or misleading condition is part of the overarching duty to provide reasonably safe roads for the people of this state to drive upon. Owen v. Burlington N. & Santa Fe R.R, 153 Wn.2d 780, 787–88, 108 P.3d 1220 (2005).
Many people are unaware that a large swath of bike crashes are the result of a municipality’s negligent road planning and design. The more commonly used roads/paths require transportation engineers to use best practices, such as those found in NACTO and AASHTO.
Fleming Law has built a reputation for unparalleled success for people who were injured after a bike crash due to poor road design. In Washington, the law favors travelers who get injured due to a road design issue:
Contact us today to let us know what questions you want answers. We have a text option available, as our office line is set up to respond via texts as well.
FAQs
“I crashed when my bike hit a fixed object in the road (e.g., tracks, berm, pothole). Do I have any recourse or should I only blame myself?”
First, don’t blame yourself. Was the fixed object there as a permanent part of the road? Was the fixed object the result of negligent road maintenance? These types of questions go to a potential road design case. Arrange to speak with Catherine Fleming ASAP to understand your options.
“I’ve just gotten injured in a bike crash, what should I do?”
Regardless of skill or experience level, bicyclists will inevitably crash. First, make sure that you get witness contact information. Commonly, people don’t have the presence of mind to do this because they’re in shock.
Do NOT assume you’re fine. Do NOT feel foolish or blame yourself. Let the EMT know that you’re still assessing how you’re doing. If
anything at all feels off, PLEASE SEEK MEDICAL CARE ASAP.
FAQs (cont’d.)
How can an attorney help me if I was injured as a pedestrian or riding my bike?
A seasoned attorney will help you in many ways. First, an attorney will help protect your rights and inform you of them. If you’re unrepresented, you’re vulnerable. Washington State provides more rights for pedestrians/bicyclists/motorists who travel on public roads. This way, you may focus on recovery. You might not even realize the extent of your injuries/damages for many months. This is your attorney’s job.
Why seek medical care, especially if I wasn’t in a care or don’t have auto insurance?
Don’t give into the temptation to minimize the incident and brush off injuries. It’s common to think and hope that everything will return to normal after a few days. However, when a pedestrian or bicyclist gets injured on the road, because there’s usually limited protection for the body, the injuries will likely require medical attention. Do NOT ignore any pain or discomfort. Immediately go to an emergency room or urgent care clinic to get a professional assessment. After a crash, it’s important to treat the situation and your body with the utmost care.
While helmets help, they are inadequate protection and don’t protect the face and brain in most cases. Trauma can occur when a head or body hits the ground or another hard object. While scary, injuries from a traumatic blow will worsen if left untreated. ER doctors and urgent care clinicians focus more on visible injuries not on thorough diagnoses that include traumatic brain injuries or other less visible injuries. So, please don’t dismiss severe headaches, blurry vision, memory issues, and other new symptoms.
How can my auto insurance policy help me after a bike or pedestrian incident?
Washington law was developed to help bicyclists in many ways. In December 2020, the Washington State Supreme Court ruled in favor of Seattle bicyclist, Todd McLaughlin, that a bicyclist fits within the scope of a “pedestrian” for purposes of casualty insurance.
With a seasoned attorney like Catherine Fleming in your corner, you as an injured pedestrian or bicyclist will get the justice you deserve.
Won’t I save money if I just represent myself?
This is a common mindset for individuals unfamiliar with the process involved for filing a claim. Even if you are not interested in filing a lawsuit, an experienced bike/pedestrian attorney has the knowledge and skills to obtain a far better result –in orders of magnitude– than an unrepresented person could obtain.
Contact us to speak immediately with our attorney to understand your options. We don’t ever pressure people to hire us, we just want to ensure that injured pedestrians/bicyclists are well informed about their legal rights before making any decisions after a road incident.
How can Fleming Law help me?
Personal injury lawyer, Catherine Fleming is passionate about her work on behalf of people injured on our public roads. As an outspoken road safety advocate for Seattle and Washington pedestrian/bicyclists, she has a record of 100% success for her clients. On a larger scale she has helped make the roads safer for all bicyclists. For years, Catherine has fought to make local government and its transportation agencies prioritize the safety of pedestrians and bicyclists.