Blog

Contact Us Today A study finds that from 2001 to 2003, only 48% of children between the ages of 5-14 wore helmets while riding their bikes. Older children are less likely to wear helmets than younger children. The study goes on to say that in 2010, there were approximately 515,000 bike-related injuries and 800 bicyclists were killed. Half of these were children under the age of 20. The New York Daily News reports that minority children and children in poverty are even less likely to wear helmets. They found that out of 7,678 bicycle accidents involving children, only 22% were wearing helmets. In their research, minority children are 62% less likely to wear helmets, and kids covered by Medicaid are 67% less likely to wear helmets than kids with private insurance. Half the children surveyed were at least 11, and again, older children were less likely to wear helmets. 300 children die from these accidents every year according to this study. Media It’s no myth that we’re a country influenced by advertisement. It’s estimated that $194 billion was spent on US advertisement in 2016 alone. In 1970, approximately 37.4% of adults smoked. One year later, cigarette commercials were banned. That percentage went down to 16.8% in 2014. Think about the last time you saw a bicycle helmet commercial. In 2012, Boston decided to tackle this issue with its No Excuses campaign, featuring images around town of gruesome accidents. This went downhill as more people were scared into not riding bikes at all. Laws Only 22 states have laws regarding bike helmets and youth. In Arizona, there isn’t a statewide law, but Flagstaff, Pima County, Sierra Vista, Tucson, and Yuma all require helmets for those under 18 years of age. An Australian advertisement made news when it showed a Dutch bike rider wearing a helmet. This is because while not wearing a helmet in Sydney earns you a $234 fee, Amsterdam doesn’t even consider helmets as safety measure. How to Encourage Older Kids to Wear Helmets When gifting an older child a bike, be sure to include the helmet with it. Let your child pick out a helmet, rather than forcing one on them. Lead by example. If you’re a bike rider, allow your child to see you wearing a helmet. What to do When Your Child is Hurt After the 911 call and hospital visit, parents could be left with a medical bill they weren’t prepared for. They might not know they can seek legal help and that bicycle accidents do fall under personal injury claims. Has your child been seriously injured from a bicycle accident? Call Silkman Law Firm Injury & Accident Lawyer at (602) 535-5899 for a free consultation, or visit our website to learn more about bicycle accident claims.

Contact Us Today Specific details and identifying information have been changed in order to protect the confidentiality of the settlement agreement. Riding a bicycle on a gorgeous day should be a leisurely and enjoyable time, but for one of our clients, it turned into a harrowing experience that threatened to put him at fault. Luckily for him, he contacted the skilled bicycle accident lawyers at Silkman Law Firm Injury & Accident Lawyer, where we found the legal precedent to win his case. The Bicycle Accident Mr. H was riding his bicycle down Lincoln Drive in Scottsdale, heading east on the north side of the road, riding against traffic on the sidewalk. He had biked this route for years because there was neither a bike lane nor a sidewalk on the south side of that part of Lincoln, so this was the safest choice. As he approached an intersection, the light was green and the walk sign was lit for the crosswalk. As Mr. H entered the crosswalk, a southbound car stopped at the intersection in anticipation of turning right to continue westbound on Lincoln. Mr. H thought he and the driver had made eye contact, so he entered the crosswalk. But as he did so, the driver accelerated into his right turn, colliding into Mr. H’s left leg. When the police showed up at the accident shortly thereafter, they did not cite Mr. H or the driver of the car. They did, however, threaten MR. H and document the conversation in the police report that Mr. H was lucky he was not cited for traveling against traffic on the wrong side of the road. Noting the officer’s remark, the driver’s insurance company stated it was their position that Mr. H was 70% at fault for being on the wrong side of the road. The company only assumed liability for 30% of the accident. What the Law Says We began to conduct research on past cases to find legal precedent that would help Mr. H’s case and discovered Maxwell v. Gossett. That case had facts very similar to Mr. H’s. In that case, a young boy was riding his bicycle home from a store on the northwest corner of an intersection. As he was attempting to ride east across the intersection, crossing on the north side of the road, he was struck by a car and killed. One of the main point the defendants argued was that they weren’t liable because the boy had been on the wrong side of the road and riding against traffic. The court disagreed. They said in part that it was not unlawful to ride a bike in a crosswalk and that it didn’t matter what his direction of travel was since he was hit while in the crosswalk. The defendants in that case lost the argument. The Settlement Armed with this information, we drafted a demand letter to the insurance adjuster citing this case, along with other relevant statutes, to point out the error of their judgment. We told the insurance agency that if they didn’t accept 100% liability, we would file a lawsuit on Mr. H’s behalf. Within 30 days, the insurance company changed their position and accepted 100% liability. Because their settlement offer was insufficient, we did file a lawsuit, but through negotiations, we settled shortly thereafter. Mr. H received a settlement of nearly $25,000, which covered his soft-tissue injuries incurred in the collision. If you or a loved one has been involved in an accident and told that you were at fault, we may be able to help. Oftentimes, there are cases that support your stance. Since we know the law and the cases, we can fight for you and get you the outcome you deserve. Contact us or call Silkman Law Firm Injury & Accident Lawyer at 602.535.5899 today for a free case consultation

Contact Us Today The weather in Phoenix has cooled enough for you to dust off your bicycle, fill the tires, and hit the road. That’s what you’re thinking this time of year but drivers aren’t always watching for bicyclists even in the daytime. The numbers alone tell the story – ADOT reports 72.5% of all motor vehicle accidents happen in broad daylight. In 2014, there were 1,466 accidents involving bicyclists, down 12.74% from 2013 but don’t get comfortable on the road just yet. And while the law expects drivers to pay attention to all people using the roads, the reality is that it’s ultimately up to you to make yourself noticeable and to be aware of what’s happening on the road. Just ask Mr. C who was clipped and flipped by an older driver taking a right turn. The driver didn’t look to see Mr. C going straight in the bike lane. She took a right turn, hitting Mr. C so hard he flew over the handle bars leaving his bike and his arm a twisted mess. In addition to cuts and bruises, Mr. C suffered from post-concussion syndrome and endured several surgeries to repair his arm. After a year of negotiating with insurance companies, he was awarded damages for medical bills, lost wages, and pain and suffering. If you’re thinking about hitting the road, here are tips to help you in case of a bicycle accident: Obey the rules of the road. All too often we hear bicyclists tell us they didn’t know there are actual rules for cycling and we’re honestly surprised. Just as you would learn the rules of driving, you should learn the rules for bicyclists. Generally, the law for DUI is the same for cyclists as it is for motorists, for example, so be aware and obey the law. It could save your life or at least help you in the event of an accident. Do not leave the scene of the accident. Unless you’re in desperate need of medical attention, we advise that you stay at the scene and call the police. They can get statements from you and other witnesses. You will need those later for your case review. Witness information. Gather your own witness contact information including name, address, phone number, year, make, model, and license plate of their vehicle. Accident information. It’s often easier and more accurate to refer to your notes from the scene of the accident than trying to remember them later. Use your phone or ask for pen and paper to write down the date, time, and location of the accident. You may also want to have the number and type of other vehicles or pedestrians involved in your bicycle accident case as well as weather, road conditions, and damages. Take photographs. If you have a smart phone, you probably have a camera on hand. Do your best to take as many photos of the accident scene as you can. If nothing else, it will help you remember important details when you’re reviewing your case with your attorney. Call a personal injury attorney. Your life and injuries matter. Even if you think you don’t have a case, it’s worth it to have your case reviewed. You may need a personal injury attorney to help you through the lengthy (and sometimes costly) insurance claims related to your bicycle accident case. Mr. C wasn’t able to call a personal injury attorney right away because of the seriousness of his injuries but his wife called to get the process started. That’s what you can do too. We wouldn’t want an accident to keep you from seeking what you deserve as a result of your bicycle accident. And you might even get back on the road. We hear Mr. C’s love of cycling can’t be stopped. He’s back riding and is more vigilant than ever about watching other drivers and pedestrians. If you or a loved one has been involved in a bicycle accident, contact us or call Silkman Law Firm Injury & Accident Lawyer at 602-535-5899 for a free case review.