Many people are unaware that a large swath of bike crashes are the result of a municipality’s negligent road planning and design. Washington State each municipality responsible for providing reasonably safe roadways to ALL travelers, including bicyclists, pedestrians, and drivers.
Fleming Law has built a reputation for unparalleled success for people who were injured from a crash due to poor road design. In Washington, the law favors travelers including bicyclists and pedestrians, who get injured due to poor road design.
Below are some of the most common questions we receive about bike incidents:
“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.
“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.
“Why seek medical care, especially if I wasn’t in a car or don’t have auto insurance?”
Don’t give into the temptation to minimize the incident and brush off injuries. 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. So, please don’t dismiss severe headaches, blurry vision, memory issues, and other new symptoms.
“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.
“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 in 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 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.