Raise the Bar
  • Home
    • New to Triathlon?
    • About >
      • Contact
      • Mission
      • History
    • Blog
    • Sponsors
    • Privacy Policy
  • Team
    • Members Only >
      • Log in
      • Team Directory >
        • Directory Guide
        • Manage your Directory Listing
      • Discounts >
        • Multisport & RTB Lite Members' Sponsor Benefits
        • Multisport Members' Event Discounts
        • Swim Member Sponsor Benefits
        • Swim Members' Event & Training Discounts
      • Team Calendar
      • Race Plans
      • Helping Teammates
    • About the Team
    • Sign Up!
    • Where we are >
      • RTB South
    • Benefits >
      • IM free entries
    • Team Sponsors
    • Team FAQs
  • Training
    • Swim >
      • Coached Pool Workouts
      • Open Water Wednesdays
      • Swim Workout Library
    • Bike
    • Run >
      • Monday Night Track
    • Coaching Referrals
  • Events
    • Volunteer Here!
  • Store

When the Other Guy is Negligent - Part 1

7/8/2015

 
Note:  In light of several early summer swimming, biking, and pedestrian accidents affecting RTB members, we’ve asked RTB member and sponsor The Hester Law Group to teach us about the legal aspect of these accidents.  Lance Hester offers part 1 on the topic here. 
Picture

            Negligent drivers.  They come in all forms and we’ve all seen most versions of them.  Some are behind the wheel texting on their smart phone, plugging in addresses on GPS navigation systems, or chatting away on their phones.  Boats have more equipment on their dash boards than ever – not to mention wakeboard towers racked with speakers and their music. Diverted attention is a triathlete’s worst nightmare.  We are the vulnerable little guys and gals surrounded by mere mortals operating thousands of pounds of powerful steel.     

            It’s a simple matter of physics: when one of these neglectful vehicle operators messes up, you will be impacted much more severely than if you too were encapsulated in a car.

            The Washington Traffic Safety Commission collects collision data summarizing the numbers affected by driver negligence.  Here’s some selected statistics covering both vehicular perpetrators and their victims.  Between 2008 and 2013 each year distracted drivers (eg. cell phone, eating, swatting a back seat brat) caused 111 to 144 fatalities and 212 to 495 serious injuries. The numbers are not that much different than fatalities caused by alcohol impaired drivers (126 to 189 per year). 

            During the same 2008 to 2013 timeframe, Washington cyclists suffered between 80 and 110 serious injury collisions and were victim of 6-12 fatalities.  For pedestrians fatalities were between 50 and 75; and serious pedestrian injuries ranged between 259 and 337.  Cyclists and runners may avoid late-night drunks, but they have a serious history as victims of drivers negligence.

            With all that in mind, what follows is a quick lesson that should guide your understanding of negligence and cycling law.  Look for the sequel article discussing how to be prepared for an accident.

            In Washington there are laws describing cyclists responsibilities.  And there are laws that describe automobile operators’ responsibilities. With a few exceptions, the rules of the road are the same for both.  Our courts have repeatedly assisted cyclists when negligent drivers have tried to argue absurdities.  For example, the state supreme court has ruled someone riding a bicycle through a crosswalk enjoys the same rights as someone walking through the same crosswalk.  Drivers are expected to yield to cyclists when cyclists need to ride on the roadway rather than a shoulder to avoid gravel or other hazardous conditions.  But otherwise, there are not special rules that essentially favor cyclists.  We might get some occasional bike-only lanes, but the law doesn’t grant us a red carpet wherever and whenever.  We’re supposed to signal when we turn, honor traffic lights, and stay as far as we can to the right.  But if we get hit by a car, we aren’t entitled to recover for anything in particular unless the accident was somebody else’s fault. 

            Nevertheless, given driver’s legal duties to share the road and to drive with care for the safety of others, cyclists typically have strong legal claims when they are injured by others negligence. 

            Most often it is motor vehicle operators who hurt cyclists.  But poorly managed pets, other cyclists, and dangerously built roadways can all cause cyclist injuries and none of them are immune from having to help you if they are responsible for your injuries.  This often means that something other than an automobile policy needs to be reviewed and accessed when seeking to fairly compensate the victim.

Come back next week for Part II to learn about the next stages of the legal process when someone is hurt by a driver.


Comments are closed.

    Raise the Bar

    Race reports, upcoming events, news, and more, from RTB.

    RSS Feed

    Picture
    Picture
    Picture

    Archives

    September 2023
    July 2023
    April 2023
    December 2022
    November 2022
    October 2022
    June 2022
    May 2022
    January 2022
    December 2021
    November 2021
    July 2020
    June 2020
    March 2020
    February 2020
    January 2020
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014

Picture
Picture
Home
Calendar
Contact Us
​About
Team
   Join
   Sponsors
​   FAQ
RTB Events
   Lake Meridian Tri
   Black Diamond Tri
Training
   Swim Workouts
​   Classes & Clinics
  
​
Event Services
   Timing
​   Equipment Rental
Photos from sindy.monzon, Rosmarie Voegtli
  • Home
    • New to Triathlon?
    • About >
      • Contact
      • Mission
      • History
    • Blog
    • Sponsors
    • Privacy Policy
  • Team
    • Members Only >
      • Log in
      • Team Directory >
        • Directory Guide
        • Manage your Directory Listing
      • Discounts >
        • Multisport & RTB Lite Members' Sponsor Benefits
        • Multisport Members' Event Discounts
        • Swim Member Sponsor Benefits
        • Swim Members' Event & Training Discounts
      • Team Calendar
      • Race Plans
      • Helping Teammates
    • About the Team
    • Sign Up!
    • Where we are >
      • RTB South
    • Benefits >
      • IM free entries
    • Team Sponsors
    • Team FAQs
  • Training
    • Swim >
      • Coached Pool Workouts
      • Open Water Wednesdays
      • Swim Workout Library
    • Bike
    • Run >
      • Monday Night Track
    • Coaching Referrals
  • Events
    • Volunteer Here!
  • Store