Bicycle Crashes & Road Design

Over the years, injured bicyclists contact our office and ask smart questions. Below are some of the most frequently asked questions with our answers.

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:

 

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.

Many people are unaware that a large swath of bike crashes are the result of flawed traffic engineering and design. The more commonly used roads/paths require transportation engineers to use best practices, such as those found in NACTO and AASHTO.

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

Regardless of skill or experience level, bicyclists often crash. If you were not at fault, ask these questions: Have other bicyclists crash in a similar way in this area? Did a car door or driver cause or contribute to your crash? Was the crash reported to the city or town of the site? Did you get the name and contact of witnesses?

This is an important question. A bicyclist often feels rattled after a crash. You may want to brush it off and feel that everything will return to normal if you just sleep and rest. However, when you crash on the road, because you have nothing to protect your body, you likely sustained an injury that requires medical attention. Do NOT brush off any pain or discomfort. Immediately go to an Emergency Room or urgent care clinic to get a professional assessment.

Almost every injured bicyclist whom we’ve helped were in excellent physical condition before the crash. When you’re healthy and fit, you have a positive attitude and have confidence that nothing will set you back. This is a great mindset. Yet, after a bike crash, it’s important to treat the situation and your body with the utmost care. While helmets help, they are inadequate protection if your head and body.  Trauma is the result, when a human head or body hits an asphalt road, a concrete sidewalk, or a large tree. While this is scary, it will worsen if left untreated. ER doctors and urgent care clinicians are focused on just the visible injuries. They are not focused on thorough diagnoses that include traumatic brain injuries or other less visible injuries.

This is an important question. A bicyclist often feels rattled after a crash. You may want to brush it off and feel that everything will return to normal if you just sleep and rest. However, when you crash on the road, because you have nothing to protect your body, you likely sustained an injury that requires medical attention. Do NOT brush off any pain or discomfort. Immediately go to an Emergency Room or urgent care clinic to get a professional assessment.

Almost every injured bicyclist whom we’ve helped were in excellent physical condition before the crash. When you’re healthy and fit, you have a positive attitude and have confidence that nothing will set you back. This is a great mindset. Yet, after a bike crash, it’s important to treat the situation and your body with the utmost care. While helmets help, they are inadequate protection if your head and body. 

Trauma is the result, when a human head or body hits an asphalt road, a concrete sidewalk, or a large tree. While this is scary, it will worsen if left untreated. ER doctors and urgent care clinicians are focused on just the visible injuries. They are not focused on thorough diagnoses that include traumatic brain injuries or other less visible injuries.

Washington law has 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. Todd was injured bicyclist, who sought to have Travelers Commercial Insurance compensate him for his injuries and other damages. Travelers refused and required Todd to file a lawsuit. Because the trial court and appellate court sided with Travelers, Todd took the case to the highest court in our state. Our supreme court held that bicyclists were indeed the same as pedestrians for purposes of insurance coverage in light of Mr. McLaughlin’s facts. Getting a seasoned attorney like Catherine Fleming is how injured bicyclists can get the justice they deserve.

Bike injury lawyer, Catherine Fleming is passionate about her work on behalf of injured bicyclists. An outspoken road safety advocate for Seattle and Washington bicyclists, she has a record of 100% success for all of her injured bicyclists.  A larger outcome: she has helped to make the roads safer for all bicyclists. For years, Catherine has fought to make local government and its DOTs prioritize the safety of bicyclists. Unlike other bike lawyers. who have aggressively marketed themselves, Catherine has for years quietly focused on delivering top notch representation. That’s why she’s obtained results exponentially greater than her peers.

Her passion for injured bicyclists was a big reason for starting her own law firm. Previously at one of the largest and most respected law firms in the area, those lawyers didn’t think that Seattle bicyclists injured due to a poorly designed road* could prevail. Fast forward to today. That firm and every other firm now wants to emulate with Catherine accomplished.

*Claims against the City of Seattle, where bicyclists sustained injuries after hitting streetcar/trolley tracks in the road, were long avoided in the aftermath of the South Lake Union Trolley (SLUT) cases. After a King County judge dismissed the SLUT cases, no bike injury lawyer thought it was possible to prevail. Catherine Fleming proved this theory wrong.

These days, Catherine is busier than ever helping bicyclists get justice. If a careless driver hit them or whether Seattle roads failed to provide a bicyclist a safer option, Ms. Fleming is tireless in championing their rights. Streets are safer for all bicyclists as a result However, Seattle still has a long way to go before it earns its claim as a truly bike friendly city.

As Catherine continues her lifelong mission to make roads safer for all, she has developed allies with key road safety advocacy groups, namely Cascade Bicycle Club, and Seattle Neighborhood Greenways. Sharing the same goals, together they speak to local lawmakers and government officials to understand why bike and pedestrian safety is important for everyone. These groups, like Fleming Law, want to prevent injuries resulting from a bike ride or walk in the beautiful Pacific Northwest.

Sample Bike Injury Cases (past results do not guarantee results):

  • Seriously Injured Web Developer/Musician (2019) – $1.550,000 – Daniel was commuting to his job where he worked as a web developer. When riding his bike near the First Hill Streetcar tracks, due to an unsafely designed road, Daniel was forced to pass the bus in front of him by moving to the lane with streetcar tracks. The track grabbed his bike tire, causing him to fall under a Metro bus. Catherine’s courage and commitment to Daniel’s case changed the landscape of all these bike v. tracks cases in the state.
  • Injured Tech Worker/Commuter Bicyclist (2019) – $750,000 (confidential settlement bars disclosure of defendants) Adam was bicycling to his job in South Lake Union, when a small commercial truck failed to see him when making a right turn. Adam was awarded a $750,000 settlement, less than 30 days before trial was set to start.
  • New Career After Injured Bicyclist/Non-Profit Employee (2018) – $900,000 (NDA bars disclosure of parties’ full names) – Justine worked for a well-known nonprofit in the lower Queen Anne neighborhood. When bicycling to head home, she never made it. A right turning car failed to look out for bicyclists in the path next to him, running his SUV into the left side of Justine’s body. Justine is mostly recovered but will always have a subtle limp along with physical and emotional scars. With her recovery, she could finally attend a full-time graduate program for her MSW without worrying about her income.
Picture of Fremont Bridge where Fleming Law pedestrian injury client suffered after car hit
The area near Seattle's Fremont Bridge is notorious as a dangerous road for bicyclists.

First, don't blame yourself. Was the fixed object there as a permanent part of the road? Was it 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.

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 attorney has the knowledge and skills to obtain a far better result--in orders of magnitude-- than an unrepresented person could obtain. 

Contact us via text or email at Info@Cfleminglaw.com to speak immediately with our attorney to understand your options. We don't ever pressure people to hire us because we always have plenty of other cases. We just want to ensure that injured bicyclists are well informed about their legal rights before making any decisions after a bike crash.

Washington law has 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. Todd was injured bicyclist, who sought to have Travelers Commercial Insurance compensate him for his injuries and other damages. Travelers refused and required Todd to file a lawsuit. Because the trial court and appellate court sided with Travelers, Todd took the case to the highest court in our state. Our supreme court held that bicyclists were indeed the same as pedestrians for purposes of insurance coverage in light of Mr. McLaughlin’s facts. Getting a seasoned attorney like Catherine Fleming is how injured bicyclists can get the justice they deserve.

Bike injury lawyer, Catherine Fleming is passionate about her work on behalf of injured bicyclists. An outspoken road safety advocate for Seattle and Washington bicyclists, she has a record of 100% success for all of her injured bicyclists.  A larger outcome: she has helped to make the roads safer for all bicyclists. For years, Catherine has fought to make local government and its DOTs prioritize the safety of bicyclists. Unlike other bike lawyers. who have aggressively marketed themselves, Catherine has for years quietly focused on delivering top notch representation. That’s why she’s obtained results exponentially greater than her peers.

Her passion for injured bicyclists was a big reason for starting her own law firm. Previously at one of the largest and most respected law firms in the area, those lawyers didn’t think that Seattle bicyclists injured due to a poorly designed road* could prevail. Fast forward to today. That firm and every other firm now wants to emulate with Catherine accomplished.

*Claims against the City of Seattle, where bicyclists sustained injuries after hitting streetcar/trolley tracks in the road, were long avoided in the aftermath of the South Lake Union Trolley (SLUT) cases. After a King County judge dismissed the SLUT cases, no bike injury lawyer thought it was possible to prevail. Catherine Fleming proved this theory wrong.

These days, Catherine is busier than ever helping bicyclists get justice. If a careless driver hit them or whether Seattle roads failed to provide a bicyclist a safer option, Ms. Fleming is tireless in championing their rights. Streets are safer for all bicyclists as a result However, Seattle still has a long way to go before it earns its claim as a truly bike friendly city.

As Catherine continues her lifelong mission to make roads safer for all, she has developed allies with key road safety advocacy groups, namely Cascade Bicycle Club, and Seattle Neighborhood Greenways. Sharing the same goals, together they speak to local lawmakers and government officials to understand why bike and pedestrian safety is important for everyone. These groups, like Fleming Law, want to prevent injuries resulting from a bike ride or walk in the beautiful Pacific Northwest.

Sample Bike Injury Cases (past results do not guarantee results):

  • Seriously Injured Web Developer/Musician (2019) – $1.550,000 – Daniel was commuting to his job where he worked as a web developer. When riding his bike near the First Hill Streetcar tracks, due to an unsafely designed road, Daniel was forced to pass the bus in front of him by moving to the lane with streetcar tracks. The track grabbed his bike tire, causing him to fall under a Metro bus. Catherine’s courage and commitment to Daniel’s case changed the landscape of all these bike v. tracks cases in the state.
  • Injured Tech Worker/Commuter Bicyclist (2019) – $750,000 (confidential settlement bars disclosure of defendants) Adam was bicycling to his job in South Lake Union, when a small commercial truck failed to see him when making a right turn. Adam was awarded a $750,000 settlement, less than 30 days before trial was set to start.
  • New Career After Injured Bicyclist/Non-Profit Employee (2018) – $900,000 (NDA bars disclosure of parties’ full names) – Justine worked for a well-known nonprofit in the lower Queen Anne neighborhood. When bicycling to head home, she never made it. A right turning car failed to look out for bicyclists in the path next to him, running his SUV into the left side of Justine’s body. Justine is mostly recovered but will always have a subtle limp along with physical and emotional scars. With her recovery, she could finally attend a full-time graduate program for her MSW without worrying about her income.
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