Spring: Be Safe Or Be Sorry
by Kari Jones Dulin
The sun is shining, the birds are chirping, and except for the occasional “bomb cyclone,” it is finally springtime. Springtime means outdoors to us Coloradans … skiing being the exception to that rule of course. We hop on those bicycles, we tie on those jogging shoes and we welcome the sun on our face and the wind in our hair. But before you plug in those headphones and tune-out for your exercise therapy, a few reminders as you embrace spring.
Living in Denver is to live in a never-ending heart health ad. A bicyclist or a jogger at every corner and in between every corner, a steady stream of Denverites walking their dogs. As motorists in this community, we know, or should know, to share the road with those on bicycle or foot. Though there is nothing healthier than heading out to exercise this spring, the reality is that the danger is real.
Foster Graham Milstein & Calisher, LLP represents injured cyclists and pedestrians, the number of which has increased at an alarming rate each year. The injuries that we see with these clients are catastrophic. The simple truth is that a cyclist or a pedestrian is no match for a car. According to the National Highway Traffic Safety Administration, in 2017 there were 5,977 pedestrians and 783 bicyclists killed in crashes with motor vehicles in the United States. No doubt pedestrians and cyclists are vulnerable on the road and the danger is increasing. For example, U.S. traffic fatalities in 2003, pedestrians and bicyclists represented 12.6 percent of total traffic fatalities, but in 2017 they accounted for 18.2 percent of fatalities. Head injuries account for 75% of all deaths and permanent disabilities in bike crashes. Before you say to yourself, “Wait, this is Colorado. The roads are filled with fit, like-minded, protein bar eating Subaru drivers … with their rescue dogs riding shotgun. Colorado drivers are harmless.” Not true. In 2018, Colorado had the second highest rate of fatal road rage crashes nationwide.
The good news? You can be safe and well … stay alive. Hands down, the safest choice when you are the bicyclist or the pedestrian, is to protect yourself. When you got your driver’s license in Colorado you entered into a contract, with the state of Colorado, to follow the rules of the road. Remember the Colorado Driver’s Manual? Much like motorists, bicyclists and pedestrians must follow the rules of the road. Yep, Colorado has a manual for that, too. Check out Colorado’s Bicycling Manual put out by the Colorado Department of Transportation.
A few tips:
Distraction is not just a problem for motorists. Electronic devices for bicyclists and pedestrians mean eyes (and ears) are off the road. Never assume a driver sees you. In fact, the safest choice is to assume they do not. According to the Center for Disease Control, every day nine people are killed and more than 1,000 people are injured in crashes from distracted driving in the U.S.
You are not above the law. Bicyclists and pedestrians must obey traffic signs and signals. Stop at stop signs. Follow the “WALK” and “BIKE” signals, look at the lights — obey. It is simple because the statistics confirm that we get busy and we are not safe.
Stay in your lane. Pedestrians should use a sidewalk or path when available and if one is not available, use the shoulder, facing traffic. Use crosswalks when crossing the street; if a crosswalk is unavailable, find the most well-lit spot on the road to cross and wait long enough for a gap in traffic to make it safely across the street. Cyclists, look for the bike signs, stay in your bike lanes and bike boxes. The majority of pedestrian fatalities (73 percent) and bicyclist fatalities (58 percent) occur at non-intersections. Lastly, though pedestrians have the ultimate yield status, i.e., all on the road must yield to a pedestrian, why take the risk? The safest choice my fellow pedestrians and cyclists, is to never assume. Never assume you have the right-of-way and certainly never assume others are following the law.
These safety tips are just tidbits. Most of them are straight up common sense. For the full education, take the time and read the full rules of the road for pedestrians and cyclists from the Colorado Bicycling Manual. If life and limb is not reason enough to pick up the manual, then consider it from a financial perspective.
If you are injured as a cyclist or a pedestrian, you may be able to recover for your injuries, damages and losses. If you are injured by someone driving a car, you may be able to make a claim against the insurance carrier for the vehicle that hit you, as well as any uninsured or underinsured motorist coverage you may have with your own automobile insurance (remember to maximize those insurance policies for the most coverage available. This protects you if you hit someone or are a victim). If you are injured as a pedestrian or cyclist by another cyclist, you may be able to recover from the at-fault cyclist’s homeowner or rental policy. When it comes time to attempt to recover in your claim with any insurer, whether or not you followed the rules of the road as a pedestrian or a cyclist may reduce the amount of your recovery or even completely prohibit your ability to recover. You may not realize you are not following the law as a pedestrian or cyclist so take a quick moment to learn the rules of the road.
As a final note, you probably know many drivers don’t drive with auto insurance, or their policies are minimal. Protect yourself, check your automobile and homeowner/rental insurance policies, talk to your agent, and ensure you have adequate insurance coverage, especially uninsured/ underinsured motorist coverage.
Now, quit being lazy, get out there on your bicycle, put on those jogging shoes and hit the pavement. It is simple, be smart and be safe. #stayingalive.
Kari Jones Dulin is a partner at Foster Graham Milstein & Calisher, LLP. Ms. Jones Dulin’s practice is exclusively devoted to plaintiff personal injury work. Whether a client was injured in car crash, injured by a dangerous product, injured from a dangerous condition on someone’s property or from medical negligence, Ms. Jones Dulin represents those who have been injured because someone broke the law.”
Kari Jones Dulin