bicycle accident lawyer

March 16, 2017

Cyclist Injury Results in $4.85M Settlement

A cyclist injured upon encountering a defective sidewalk has been awarded $4.85 million to settle a personal injury lawsuit against the settle with the city of San Diego.

According to Bicycling.com, the bicycle accident occurred in 2014, when he struck an uneven sidewalk, resulting in a “ramp-like effect” that launched him 28 feet over the handlebars of his bicycle.

Apparently, a tree root had grown up through the concrete, raised it seven inches and cracked it, a condition the city was reportedly aware of the condition and failed to address it.

This is reportedly not the first time the city has paid out damages for bicycle accident injuries, though it is the largest amount the city has paid for this type of incident. Just last year, council members for the city agreed to pay $235,000 to a woman who was seriously injured after hitting a pothole while cycling in 2014. She was thrown from the bicycle, and suffered injuries to her head, pelvis and lower back, according to the San Diego Tribune.

That was one of several pothole-related lawsuits filed against the city in the last few years, each alleging city officials were aware of the dangerous condition, yet failed to address it. Continue reading

February 6, 2017

$38 Million Verdict to Bicyclist Injured by Valet

By Ansara Law Personal Injury Attorneys

There several dozen valet services in downtown Fort Lauderdale that offer assistance to motorists who need help parking their vehicles in the crowded urban streetscape. Often, these vehicles are parked off-site of where they are dropped off. The valet driver must drive the car to the off-site location and then return them.

For the most part, these workers are diligent in doing their job safely. However, there have been some cases reported where the drivers are careless with property or in abiding basic traffic laws.

One such case was recently chronicled before a trial court in Seattle, where a bicyclist was awarded $38 million by a jury in a claim against a valet company whose drivers routinely took illegal shortcuts in dropping off and picking up vehicles. Continue reading

January 3, 2016

Bicycle Accident Questions Posed on Driver Safety Tests

By Ansara Law Personal Injury Attorneys

Just a handful of months ago, a 5-year-old boy on a bicycle in Boise, ID was seriously injured when he was struck and dragged by a minivan as he crossed at an intersection. The boy was wearing a helmet, but his injuries were life-threatening.

That prompted the Idaho Department of Transportation to take decisive action on the issue of bicycle safety in that state. Now, new drivers are going to have to educate themselves on proper interactions with bicyclists as they navigate roads throughout the state. Driver’s education curriculum will be updated to meet the criteria that will ask new motorists on license exams about things like right of way, minimum distance and blind spots.

While bicycle-related questions were always within the pool of possible queries motorists could be asked, it wasn’t a given and a fair number of tests lacked any bicycle safety questions at all. Then this little boy was nearly killed. Continue reading

December 2, 2015

Joerg v. State Farm – Florida Supreme Court Rules on Collateral Source Benefit Evidence

By Ansara Law Personal Injury Attorneys

The Florida Supreme Court recently took on the issue of collateral source evidence in Joerg v. State Farm, a case stemming from a serious bicycle accident injury.

The collateral source rule, also sometimes referred to as the collateral source doctrine, prohibits the admission of evidence that a plaintiff or victim has received compensation from some source other than defendant. The idea is a defendant shouldn’t have to pay less for a tortious act just because a plaintiff had health insurance or collected workers’ compensation.

Still, since 1984, the court had allowed a limited admission of evidence regarding certain kinds of free or low-cost future collateral source benefits. But that has now changed. In the Joerg case, the court ruled all defendants are barred from introducing evidence of collateral source benefits plaintiffs may receive in the future. These include Medicare and Medicaid. Given that almost all Americans will at least collect on Medicare at some point in their lives, the decision has widespread implications in personal injury law. Continue reading