The family of a woman killed while riding her bicycle was awarded a $2.4 million settlement in a wrongful death lawsuit. Their goal is to prevent more tragic bike accidents from happening.
The bicycle accident occurred when 54 year old, Deborah Johnson, was bike riding with a friend on a Sunday afternoon in July 2007. Deborah Johnson struck her head after being thrown from her bike. She died two later in Stanford University Medical Center.
The husband of Ms, Johnson, John Gerrity, told the media that her friend saw her fall from her bike after hitting an object in the bike lane. The object that caused the fall was a flat black octagonal rubber base of a "candlestick" delineator that had become separated from its plastic orange pole. This tragic accident could have been avoided. A few days prior to the bike accident, road workers had just completed paving the road. Dividers were set up to mark the bike lane. The divers were removed after the bike crash.
The California Injury Lawyer's Blog by Howard | Nassiri, PC mentions the following in their post on the tragic bicycle accident:
The Manual on Uniform Traffic Control Devices says that raised pavement markers and posts should not be used to separate travel lanes from bike lanes. The federal manual noted that raised devices are a bicycle crash hazard. Gerrity, who has researched traffic safety practices and codes since his wife death, says that after a road is repaved it is standard practice to leave it unmarked while the asphalt is drying. After that, a temporary line or strip is painted onto the road until permanent markings are created.
Bicycle Safety Tips
As a Florida Personal Injury Law Firm, we encourage all bike riders to exercise caution while on the roadway. Safety on the roadways is important to saving lives. The NHTSA produces a Bycycle Traffic Facts Data Sheet The 2008 Bycycle Traffic Facts Sheet lists all Bicycle Traffic fatalities by state. Florida leads the nation in Bicycle Traffic Fatalities. The top three states basd on bicycle traffic deaths are:
- Florida – 125 bicycle deaths
- California – 109 bicycle deaths
- Texas – 53 bicycle deaths
In Florida, a Bicycle Safety Advocate and a local blogger developed a "collision database" to track the least safe areas to ride bicycles in Miami. Transit Miami documents crashes that often prove fatal in and around Miami.
The Ohio Bike Lawyer Blog by Attorney Steve Magas provides excellent commentary on Bicycle Safety and Legislation. He is an avid bicyclist and safety advocate.
The National Highway Traffic Safety Administration NHTSA provides an excellent list of bicycle safety tips that can be used for all ages. A few highlights from their list include:
- Go With the Traffic Flow. Ride on the right in the same direction as other vehicles. Go with the flow – not against it.
- Obey All Traffic Laws. A bicycle is a vehicle and you’re a driver. When you ride in the street, obey all traffic signs, signals, and lane markings.
- Yield to Traffic When Appropriate. Almost always, drivers on a smaller road must yield (wait) for traffic on a major or larger road. If there is no stop sign or traffic signal and you are coming from a smaller roadway (out of a driveway, from a sidewalk, a bike path, etc.), you must slow down and look to see if the way is clear before proceeding. Yield to pedestrians In crosswalk.
- Be Predictable. Ride in a straight line, not in and out of cars. Signal your moves to others.
- Stay Alert at All Times. Use your eyes AND ears. Watch out for potholes, cracks, wet leaves, storm grates, railroad tracks, or anything that could make you lose control of your bike. You need your ears to hear traffic and avoid dangerous situations; don’t wear a headset riding.
- Look Before Turning. When turning left or right, always look behind you for a break in traffic, then signal before making the turn. Watch for left- or right-turning traffic.
- Watch for Parked Cars. Ride far enough out from the curb to avoid the unexpected from parked cars (like doors opening, or cars pulling out).
Have you ever been on a nice afternoon bike ride with the family? Have you ever crossed paths with unruly drivers that are not so courteous to bicyclists? Chances are that the answer is most likely yes to both questions. Unfortunately, there seems to be a negative prejudice with respect to bicyclist on the road. This apparent prejudice seems to have seeped into the court room as well. Overwhelmingly, the same negative attitude drivers have on the roadways towards bicyclist is a factor that must be dealt with when selecting and speaking to the jury. Our firm goes to great lengths to research current trends and combat the negative prejudice by utilizing outreach and education.
Bicycle Safety