Pedestrians/Bicyclists

Bicycle Injuries Doubled From 1998 to 2013, Analysis Shows

September 26, 2015 | Associates and Bruce L. Scheiner

A new study, conducted by researchers at the University of California, San Francisco, and published in The Journal of the American Medical Association (JAMA), reveals bicycling injuries in the U.S. have risen astronomically in the last 15 years.

Sifting through the National Electronic Injury Surveillance System data, researchers wanted to find out more about trends in adult cycling injuries and related hospital admissions.

What they discovered was that in 2012-2013, there were 15,427 hospital admissions for bicycle injuries. That was a significant uptick than what was reported in 1998-1999, when there were 8,791 hospital admissions. Another revelation was that the age of cyclists has shifted dramatically. While the majority of victims used to be primarily children, we now see that figure has dropped dramatically. This is good. But the number of over-45 cyclists who suffer serious injury and death sharply rose. Continue reading ›

Najarian v. Gonyeau – Complex Bicycle vs. Car Accident Lawsuit Underway

September 21, 2015 | Associates and Bruce L. Scheiner

While a woman has pleaded not guilty to misdemeanor driving under the influence following an incident in which her vehicle struck and killed a physician bicyclist, the victim’s husband has filed a civil lawsuit against the driver.

Although the cases are proceeding in different courts – one criminal, one civil – they are overlapping in ways that make the case rather complex.

Florida has the highest incidence of bicycle injuries and fatalities. Although this accident occurred in Vermont, there are elements of law that are applicable to bicycle accident cases in Florida. Continue reading ›

Bicyclist vs. Truck Accident Injuries Could be Curbed With Side Guards

July 26, 2015 | Associates and Bruce L. Scheiner

When large trucks and bicycles collide, the potential for serious injury is very high. One of the reasons is because an individual who is on a bicycle or on foot can get thrown underneath the truck and be run over by the back wheels.

With an increasing number of truck vs. bicyclist and truck vs. pedestrian injuries occurring, particularly in urban areas, both municipalities and private trucking companies are taking a simple action that could help reduce the severity of these incidents. They are installing side guards on large trucks.

These metal panels run between the two sets of wheels on larger trucks, and prevent a person who is hit by a truck from falling underneath the vehicle and into the path of the rear wheels. It may not reduce the number of accidents, but it helps to decrease the chances the bicyclist or pedestrian will be killed or suffer catastrophic injury.

Florida Deemed Friendlier to Bicyclists, But More Work is Needed

May 23, 2015 | Associates and Bruce L. Scheiner

While Florida is a beautiful place for a bicycle ride, it hasn’t been known as a safe one.

In fact, the Sunshine State has consistently ranked as having the highest numbers and rates of bicycle fatalities annually. Unfortunately, according to the latest figures from the National Highway Traffic Safety Administration, that’s still true.

But, there is also evidence we are making strides. The League of American Bicyclists has ranked Florida 24th out of 50 for bicycle friendliness, with an overall score of 39 out of 100 – a slight improvement from the 2014 score of 35 out of 100.
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Florida Bicycle Safety: Improvements on the Horizon

May 8, 2015 | Associates and Bruce L. Scheiner

There are still plenty of reminders in the headlines that Florida is not a safe place for bicyclists.

For example, there was the fatal bicycle crash on the Julia Tuttle Causeway in Miami in which a cyclist in his 20s died after being a struck by a vehicle after another driver cut off that motorist. In Palm Beach County, there was a cyclist flown to a nearby hospital in serious condition after being struck on Beach Road near U.S. 1. In Bradenton, a bicyclist was struck and killed trying to cross the street in a crosswalk when he was struck by a Jeep. And in Delray Beach, a prominent New York bank executive was killed after being struck by a vehicle as she road in the bike lane on State Road A1A in Highland Beach.

All of this backs Florida’s reputation as the No. 1 most dangerous place for bicyclists in the country. But even in light of all this, there is evidence the situation may be improving. That’s the assertion made by bicycle safety advocates writing a special feature in The News-Press.
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Florida’s Bicycle 3-Foot Rule Largely Unenforced

April 14, 2015 | Associates and Bruce L. Scheiner

In an effort to shield bicyclists from motorists who whiz by too fast and too close, the Florida legislature passed a law in 2006 that requires drivers to maintain three feet of clearance when passing bicyclists on the road.

But in the years since, it’s been shown that enforcement of this law is lacking.

The News-Press reports that in 2014, there were a total of 500 tickets issued statewide for the offense. Now, that is certainly better than the average of 100 tickets that were doled out in the first few years after the act passed into law.

But consider that in the same year there were 121 bicyclists killed in Florida. Thousands more were seriously injured. In fact, Florida has the highest rate of bicycle accidents and bicycle deaths in the country. This is something we must take more seriously.
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Trek Bicycle Corp. v. Miguelez – Bicycle Injury Verdict Reversed

March 31, 2015 | Associates and Bruce L. Scheiner

A bicycle injury verdict handed down by a Florida trial court has been reversed on appeal after it was determined failure to warn – the key argument in the product liability claim – was not the proximate cause of plaintiff’s injuries.

The case of Trek Bicycle Corp. v. Miguelez before the Third District Court of Appeal was not a typical bicycle injury claim in that the defendant was not a motor vehicle driver, but rather the manufacturer of the bike itself.

According to court records, plaintiff was riding his new road bicycle on the shoulder of a major causeway when the bicycle stopped abruptly. The rider fell onto the pavement below, sustaining serious injury to his shoulder, jaw and face.
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Southwest Florida Bicycling Deaths Spark Outcry, Calls for Change

March 25, 2015 | Associates and Bruce L. Scheiner

The stories of Southwest Florida’s bicycling dangers became personal for many people recently, as The News-Press detailed a dozen of them in a recent series entitled, “Paths of Peril.”

In the last five years, there have been 1,400 bike accidents in Lee and Collier counties, with Lee County ranking third in the state for the highest-number of bicycle deaths last year. Florida ranks as the No.1 most dangerous state for cyclists in the country, with 120 people killed on bicycles last year alone.

Although there aren’t accurate figures to tally the number of people who are biking in the region in the last several years, there is plenty of anecdotal evidence that those figures are rising. When the governor declared March as “Bike Month” in Florida, he noted there were an estimated 25 million residents and tourists who rode bikes every year in the state. What’s more, many communities are pushing cycling as a healthy, fun means of transportation in a sunny, picturesque place. There is an expectation that people should be able to engage in it without dying – and that is a reasonable expectation.
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Lee County Bicycle Crash Analysis Reveals Unexpected Facts

March 24, 2015 | Associates and Bruce L. Scheiner

Recently, The News-Press launched a series on bicycle safety in Southwest Florida, analyzing five years’ worth of crashes and examining what needs to be done differently. Reporter Janine Zeitlin even penned an opinion piece detailing why she no longer rides her bicycle on public roads in Southwest Florida, despite enjoying the activity. (The reason: She doesn’t feel safe.)

The precursor to the larger series looked at “7 Things That May Shock You” about bicycle accidents in Southwest Florida. The research destroys the misconceptions many have about why these crashes occur, and why they’re so deadly.

Last year, Florida was No. 1 in the nation for bicycle fatalities, tallying 120 total deaths in 2014. There are many reasons for that, including the fact Florida is filled with wide roadways that have high speed limits. We have yearlong riding weather, which means more cyclists are out on any given day than might be in northern states. We also don’t have the kind of safety infrastructure that supports cycling, and the criminal penalties for mowing over a cyclist are relatively low.
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Fort Myers Bicycle Safety Fight Gets National Stage

February 17, 2015 | Associates and Bruce L. Scheiner

A Fort Myers bicyclist’s successful challenge of a ticket for failing to adhere to the right side of the road went national, after a story in The News-Press was picked up by USA Today, likely in recognition of the fact that an increasing number of cyclists are trying to protect themselves by riding in the center of a lane.

They do have the right to do so, though many motorists and even police officers – as this case reveals – don’t appreciate the practice. Florida law requires bicyclists to ride either in a marked bicycle lane or, if their is none, as close as practicable to the right-hand curb or edge of the roadway.

FS. 316.2065 allows for exceptions when it’s reasonably necessary to avoid a condition or potential conflict that might make it unsafe to do so. That includes in situations where the lane is of a substandard width – that is, where the lane is too narrow for the cyclist and the other vehicle to travel safely side-by-side. In these instances, cyclists are allowed to take up the entire lane.
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