{"id":6279,"date":"2015-01-06T17:37:09","date_gmt":"2015-01-06T17:37:09","guid":{"rendered":"https:\/\/landauinjurylaw.com\/theathleteslawyer\/?p=6279"},"modified":"2015-01-14T22:48:17","modified_gmt":"2015-01-14T22:48:17","slug":"ways-to-prove-bike-crash-fault-without-eyewitnesses","status":"publish","type":"post","link":"https:\/\/landauinjurylaw.com\/theathleteslawyer\/2015\/01\/06\/ways-to-prove-bike-crash-fault-without-eyewitnesses\/","title":{"rendered":"Ways to Prove Bike Crash Fault WITHOUT Eyewitnesses"},"content":{"rendered":"

\u201cI never saw the biker !\u201d<\/em> says the driver. \u201cNever heard him coming from behind,\u201d<\/em> says the cyclist. This scenario is unfortunately not uncommon. Recently contacted by an injured bicycle commuter who woke up with a brain injury after a car crash, Herndon lawyer Doug Landau was presented with a case where the victim had no witnesses. What then to do when there are no witnesses to the impact ?<\/p>\n

\"When<\/a>
When a biker is injured or killed, and there are no witnesses, the police and the cyclist’s legal counsel must use other competent evidence to prove the case and show what happened.<\/figcaption><\/figure>\n

Another case investigated by Landau is illustrative. The cyclist was preparing for a New England charity ride. He went on his usual safe training course, not flying through lights or stop signs, but at a pace he would have to hold for a multi-day touring event. He then awoke in a helicopter being transported to Johns Hopkins Medical Center with a fractured skull. He had no memory of any vehicle striking his bicycle. There were no witnesses to the impact<\/strong><\/em>. He contacted lawyer Landau.<\/p>\n

\"Always<\/a>
Always eager to explore cases, races and new places “on foot,” Herndon lawyer Doug Landau ran many miles at the Upper Las Virgenes Canyon Open Space Preserve, California<\/figcaption><\/figure>\n

As is his custom in bike crash cases, Landau traveled from the Herndon Law Shop<\/a> and visited the scene. Donning his running kit, he ran back and forth on the block where the biker was found.<\/p>\n

Since the cyclist had a GPS device, it was downloaded so that Landau knew the precise coordinates. The GPS data revealed that the biker\u2019s aspect suddenly changed about a yard to his left. Then the velocity went abruptly from 14 to zero MPH.<\/p>\n

As lawyer Landau jogged over the scene, with his tape measure and camera in hand, he could not see any potholes, ruts, grating, skid marks, yaw marks or other indicia of vehicular incident or roadway defect. But, as he continued to traverse the area he heard a sound runners and cyclists know all too well. The low, loud barking of a very large dog that had leaped off the deck to his right.<\/p>\n

With no leash or \u201cinvisible fence,\u201d this huge beast was at the curb in an instant. Landau sprinted to his car in world record time. When he caught his breath, he realized that the cyclist\u2019s brain injury was not from a car crash or road defect, but from being struck by this dog. He called the bike shop where the bicycle was being stored and asked the mechanics to check for: fur, saliva, dents low to the ground, and other evidence. They called back moments later with the confirmatory information.<\/p>\n

The bike had indeed been struck low and hard by this animal. The dog attack was not the usual dog bite, but the sheer weight of the beast was enough to knock an experienced cyclist off his saddle and onto the pavement. The dog owner\u2019s homeowners insurance policy then became the responsible party for the biker\u2019s harms and losses.<\/p>\n

The case reiterates Landau\u2019s mantra:<\/p>\n

    \n
  1. The best lawyers always visit the scene so as to understand what happened<\/li>\n
  2. A true trial lawyer always explores what the cyclist saw, felt, heard, smelled, etc.<\/li>\n
  3. Counsel should always ascertain the identities of eyewitnesses. This may involve knocking on doors, putting up posters, and simply \u201chitting the pavement\u201d in the vicinity of the crash<\/li>\n
  4. A true advocate for an injured cyclist will look for technology that may help prove the case, such as:<\/li>\n<\/ol>\n