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Legally Speaking - with Bob Mionske
Crashing by the numbers
Bob;
What are the most common types of bicycle accidents?
Mike A
PhoenixDear Mike;
For many years, there was vehement debate over this question. Virtuallyall statistics relating to bicycle accidents came from police accidentreports, and critics maintained that this database systematically under-reportedbicycle wrecks that did not involve a motor vehicle. Finally, in 1999,a team of researchers at the Highway Safety Research Center (HSRC) of theUniversity of North Carolina at Chapel Hill performed a large-scale studyof bike wrecks based on emergency room admissions. Their findings largelysupported the critics: only 320 of the 1115 admissions resulting from bicycleaccidents involved a motor vehicle. However, only 28 of the 1115 incidentsinvolved a bike-bike crash. (The critics had predicted that these wouldbe a much larger percentage of injury-producing bicycle crashes.)On the other hand, a majority of the crashes that required an overnightstay in the hospital did involve a motor vehicle. Thus, while onlyabout a third of all injury-producing bicycle crashes involve a motor vehicle,about three-quarters of all serious injuries result from car-bike crashes.The HSRC has also undertaken two large studies of car-bike crashes usingpolice accident reports. In these studies, the Center identified the varioustypes of accidents that occurred and the accidents that resulted in veryserious or fatal injuries (VS/F) to the cyclist. The results were interesting.Several types of accidents had identifiable characteristics that set themapart from the norm (in technical jargon, these were the “over-representedvariables”). These include:No. 1: Car turns left into path of oncoming cyclist
12.2 percent of all car/bike crashes
11.7 percent of VS/F car/bike crashesOver-represented variables:
-Bicyclists from 20-44 years old
-Drivers over 65 years oldNo. 2: Car runs into cyclist while traveling in the same direction
Half involve a cyclist going straight ahead
Half involve a cyclist turning left from the right-hand edge of road
8.6 percent of all car/bike crashes
14.6 percent of VS/F car/bike crashesOver-represented variables:
-Drivers from 16-19 years old
-Darkness
-Two lane roadsNo. 3 Car hits cyclist at right angle in intersection with nosignal or stop sign
21.7 percent of all car/bike crashes
10.5 percent of all VS/F car/bike crashesOver-represented variables:
-Bicyclists from 15-19 years old
-Wrong-way cyclistsNo. 4 Car hits cyclist at right angle in intersection after bicyclist runs stop sign or stoplight
16.8 percent of all car/bike crashes
18.9 percent of all VS/F car/bike crashesOver-represented variables:
-Bicyclist from 0-14 years oldNo.5 Car hits cyclist at right angle in mid-block after cyclist rides out from driveway
11.8 percent of all car/bike crashes
14.2 percent of all VS/F car bike crashesOver-represented variables:
-Bicyclist from 0-14 years oldThe bottom line is that the type of accident is largely dependent upon the type of cyclist. For children and inexperienced cyclists, running stop signs and shooting out from a driveway are the most frequent cause of injury accidents.On the other hand, the types of accidents that occur to avid cyclistsmore closely resemble those experienced by motorcyclists than those happeningto infrequent cyclists or child cyclists. Three things that likelyreaders of this column should watch out for are:1) Drivers that make a left turn in front of them
2) Getting flattened from behind, especially on narrow, two-laneroads as darkness approaches
3) Young, impetious auto driversFurthermore, my own personal experience has taught me to be alert duringthe following scenarios:
• If I see a vehicle approaching while riding on a narrow road, I lookback to see if any vehicles will be overtaking me and if all three of usare going to meet at the same time. I have chosen to ride off the roadwhen two semi-trucks and I all have converged on a narrow roadway and itis clear that the overtaking truck is not going to wait to pass.• When approaching a road hazard (pothole, debris, etc) on a roadwaywith little or no shoulder, I don’t veer out into the lane without firstlooking back. If I have no time to look, I would rather bunny hop the hazard,go off into the ditch or ruin my rim, than be hit by a passing vehicle.I have seen riders commit this mistake on many occasions.• When riding into a setting or rising sun, especially when the glareis intense, I change routes if possible knowing the drivers passing mehave compromised visibility.• When passing on the right of stopped traffic (which is illegal insome states), I am on the look-out for a vehicles that are crossing ina perpendicular direction after relying on the waves of stopped drivers(also I watch for these queued drivers to turn right without warning orsignal).• In spite of making eye contact with drivers entering the roadway fromside streets or driveways, I prepare myself for evasive action. All toooften I falsely believe they have seen me and are going to wait, only towatch in horror as the step on the accelerator just as I am passing them.
In the past, experienced performance cyclists had a legitimate gripethat the analysis of bicycle accident records was skewed towards the needsof children and casual cyclists. However, with the work of the HighwaySafety Research Center (largely under the direction of epidemologist JaneC. Stutts), quality data and analysis suitable to the needs of experiencedperformance cyclists is now available. Most of this information is availableat a FederalHighway Administration website.And be careful out there,
Bob
(research and drafting assistance provided by Bruce Epperson-lawstudent-Nova Southeast Univerity)
Bob Mionske is a former competitive cyclist who represented the U.S. at the 1988 Olympic games (where he finished fourth in the road race), the 1992 Olympics, as well as winning the 1990 National Championship Road Race.After retiring from racing in 1993 he coached the Saturn Professional Cycling team for one year before heading off to law school. Mionske's practice is now split between personal injury work, representing professional athletes as an agent and other legal issues facing endurance athletes (traffic violations, contract, criminal charges, intellectual property etc).If you have a cycling related legal question please send it to info@bicyclelaw.com. Bob will answer as many of these questions privately as he can. He will also select a few questions each week to answer in this column. General bicycle accident advice can be found at www.bicyclelaw.com.Important Notice:
The information provided in the "Legally speaking" column is not legal advice. The information provided on this public web site is provided solely for the general interest of the visitors to this web site. The information contained in the column applies to general principles of American jurisprudence and may not reflect current legal developments or statutory changes in the various jurisdictions and therefore should not be relied upon or interpreted as legal advice. Understand that reading the information contained in this column does not mean you have established an attorney-client relationship with attorney Bob Mionske. Readers of this column should not act upon any information contained in the web site without first seeking the advice of legal counsel.
