“Educating the Police about Bicycling”

While I attended the 1st ever annual “Bike Law Summit” in Austin Texas a few weeks ago, the other attorneys in various states around the country all chimed in on reaching out to local police departments and offering training to the officers. Some have already done so in their states and have had great success in helping the police better understand bicycle accidents.

I was instantly intrigued by this idea and committed to doing this in Arizona. As member of this elite group of dedicated bicycle lawyers, I am privy to many such good ideas and their national support for Arizona bicycle advocacy. In a fantastic post today by a guest blogger named Dr. Steven Goodridge of NC, our Bike Law network published his post on how to educate police about bicycling as he draws from personal experience in North Carolina. Great read – good ideas for us all. His original post is reproduced below in its entirety or can be found on our Bike Law network blog:

“In her August blog post Police & Cyclists, Ann Groninger described some of the problems faced by cyclists when police don’t understand or respect bicyclists’ legal rights. Because most police obtain no special training about bicycling, they share many of the same misconceptions and biases as the general public. So what can be done about it?

One possibility would be for the North Carolina Justice Academy to enhance the very basic bicycle information that appears in the traffic curriculum they set for Basic Law Enforcement Training (BLET) . This way, all new officers in the state would be better educated. Unfortunately, many important subjects and skill sets compete for inclusion in the dense BLET curriculum. It will be difficult to get a nuanced discussion of cycling laws and best bicycling practices included in BLET when other potentially life-or-death knowledge doesn’t make the cut.

Police officers receive in-service training continuously throughout their careers. Such training provides the opportunity for deeper coverage of special topics, and is an ideal way to introduce better bicycling information to officers. BikeWalk NC has developed an in-service training program called “Bicyclist Safety and Law Enforcement” to cover bicyclists’ legal rights and responsibilities, defensive bicycling practices, types and causes of common crashes, and effective enforcement activities to promote bicyclist safety. This training program was originally developed as an online Moodle course in cooperation with the Raleigh Police Department and the Raleigh Bicycle and Pedestrian Advisory Commission. All sworn officers in the Raleigh Police Department were required to complete the course on RPDnet as of May 2011. Since then, BikeWalk NC has delivered customized versions of the course to the Town of Cary PD and NC State University PD, and has made a generic state-wide version available on its web site.

The Bicyclist Safety and Law Enforcement program was developed to provide all officers with essential background information about traffic bicycling. The primary goals include:

• Empathizing police officers to bicyclists’ concerns;
• Spreading awareness of bicyclists’ roadway rights as fully entitled drivers of vehicles under the law;
• Familiarizing police officers with defensive, legal bicycling practices such as lane control;
• Associating common crash types with the moving violations that cause them;
• Prioritizing violations for enforcement based on risk (for motorists: drunk driving, failure to yield, unsafe passing, and failure to reduce speed; for bicyclists: wrong way cycling, unlighted night cycling, and failure to yield).

Feedback from police has been that the program increased awareness of bicycling issues and improved the handling of car-bike collision investigations.

Local police departments can incorporate this program into their in-service training in a number of ways, including setting it up as an online course, viewing the narrated video, or teaching it in-person based on the lesson plan, which follows the instructional design format used by the NC Justice Academy. Different departments have different needs for instruction format, which is why BikeWalk NC provides it in multiple forms. The biggest challenge to getting the training into a local department is finding a local champion in the department or city government who will make it happen. As outsiders to the police department, local bicyclist advocates cannot make police prioritize bicycling education. It is essential for advocates to develop a strong relationship with local government representatives such as city council, transportation planners, and the traffic enforcement division in order to convince them that the training program is worthwhile. A local bicycle/pedestrian advisory commission is an ideal route for developing police involvement.

Some cities in NC are conducting targeted education and enforcement activities to improve pedestrian and bicyclist safety. The Watch for Me NC campaign deployed by the NCDOT Bicycle and Pedestrian Division provides police training on how to conduct targeted safety efforts such as crosswalk stings, where officers walk through crosswalks to detect drivers who fail to yield, and follow up with warnings or tickets. Although the Watch for Me campaign involves small teams of officers rather than educating the entire department, it nevertheless provides a useful way to increase local subject matter knowledge. Municipalities that wish to participate in the Watch for Me NC campaign and obtain training, materials and other assistance should apply via the process detailed on the website. Partners will be selected through a competitive application process. The application will be available January 26 and will be due March 27, 2015.

Like BikeWalk NC’s in-service training, bringing the Watch for Me NC campaign to your community requires motivated government representatives. Local advocates must network with their local police, transportation planners, and elected officials. The reality is that enforcement priorities are often political, and as they say, all politics is local.

****

Steven Goodridge, Ph.D. contributed heavily to the content and editing of Bike Law Books # 1, the Ride Guide to North Carolina Bicycle Laws. Steve is an avid utility and recreational bicyclist who lives and works in Cary, North Carolina. An advocate for bicyclists since 1999, he is currently a board member of BikeWalk NC and is a League of American Bicyclists League Certified Instructor. In his professional work as an electrical engineer, Steven develops digital audio, video and communications technologies for law enforcement and defense applications. Steven enjoys doing volunteer work with local police departments, cycling organizations and schools to promote better understanding of traffic laws, best bicycling practices, and effective enforcement techniques to support safer cycling.”

Bike Accident Attorneys Rides to Help Cancer Research

On the morning of July 11th, 2015, Bike Accident Attorney Ben Dodge will ride side by side with a team of elite cyclists committed to help raise funds and awareness for children suffering from cancer. Ben and his team will join 600 riders from around the world who will descend on the quiet community of Beaver, Utah for the 5th-annual running of the “Crusher in the Tushar“. Partnering with local Bike Shop Owner Larry Demik of Two Wheel Jones and the Huntsman Hometown Heroes, a local UT 501c3 charity supporting children’s fight against cancer, Ben and the team will ride for the kids.

This uniquely formatted race begins in historic downtown Beaver, Utah the birthplace of famed outlaw “Butch Cassidy” and finishes at Utah’s newest ski and Summer resort, Eagle Point. Featuring a 40/60 split between tarmac and dirt & gravel sectors, the 70 mile course accumulates over 10,000 feet of elevation gain and affords riders the opportunity to explore the stunning back country of Utah’s little-known Tushar Mountains and Fishlake National Forest.

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This race sold out in just a couple of days and usually boasts a famous pro field. Ben and his team will be raising funds and awareness for research in children’s cancer. Follow us in our preparation for this race, and on race day here on the blog. Show your support and donate to the Huntsman Hometown Heroes Foundation today. We have a $4,500 fundraising goal. Click here for more info and to donate. Every dollar counts!

If you are interested in any corporate sponsorship packages please feel to contact Ben Dodge directly at 855.663.3922 or ben@bikeaccidentattorneys.com.

Everything You Need to Know About Medical Bills During Your Bicycle Accident Case

So what do you do when you get medical bills in the mail from your bicycle accident? The accident wasn’t even your fault and now you’re stuck with medical bills you can’t afford because your case hasn’t even settled yet. Seems unfair doesn’t it?

Medical BillsYour bicycle personal injury attorney may be able to offer some valuable help. Consulting with an experienced bicycle accident attorney is your first step. If you were my client I would you tell you these two basic principles: (1) Avoid Collections; and (2) Be Patient. Suffering from a bicycle accident can be traumatic enough without having to be sent to collections. You should avoid collections as best as possible. And of course, be patient. Accident cases may take a long time before they actually settle out. Insurance companies are in no hurry to open up their bank accounts and pay you money. They will take their time and are often misguided in the valuation of bicycle accident cases. Their typical under valuation of your bicycle accident case will naturally result in a longer litigation period to get them to realize what your claim is really worth. Most of the insurance adjustors are still trying to wrap their head around the fact that your bicycle may be worth more than their car! Since these cases may take months and even years to receive any compensation, it is a good idea to understand how medical billing may affect you and to know what you can do to minimize any negative risks. It is likely that sometime during your bicycle accident case you will be confronted with medical bills.

Medical Liens

One of the classic ways to deal with a medical provider is to get them to put a lien on your insurance settlement in lieu of billing you up front. That way when your case is settled the medical providers can be paid directly out of the proceeds of your case. One downside to this approach is that liens have to be paid prior to you getting any money for your self. These liens can and are often negotiated to a much lesser amount. Lien negotiations are an important aspect to our bicycle accident law practice. We save our clients thousands of dollars by encouraging medical providers to put liens in place and then negotiate those liens down when the case finally settles. Unfortunately, not all medical providers will put liens in place. They do not want to, nor can they be forced to wait until a settlement to collect on the services that they provided.

Submit to Insurance

Another way of handling your medical bills is to submit them all to your own health insurance company and pay your co-pays/deductible. This allows the medical provider to get paid now and keeps them for sending you to collections while you await your settlement. One downside to this approach is that your own insurance company may want to be reimbursed for the expenses they paid on your behalf since another individual (i.e. a 3rd party) was found to be liable/responsible for your accident – after all the 3rd party did hit you! If this is the case your own health insurance may submit a claim for subrogation. Subrogation is when your insurance company requires reimbursement out of your settlement proceeds for the medical bills they paid out since they weren’t responsible – in other words, they’ll say we want the 3rd party guy’s insurance to pay for all this since he hit you. These subrogation rights can also be negotiated, but are less likely to be reduced as much as medical liens.

Payment Plan

If you do not have health insurance, and/or the medical providers were unwilling to put a lien in place, then your best bet is to enter into a small payment plan with your medical providers to keep them happy and to keep you out of collections. Many hospitals and medical providers are willing to accept small monthly payments instead of paying the high % fees of collection companies. Entering into a payment plan with them is a good idea if it keeps you out of collections. Also, settling with them directly on the overall balance is generally possible. They may be willing to accept 50% or less as paid in full. Either way, when you negotiate a payment plan or settlement in full with a medical provider – make sure it is in writing!

Summary

Bicycle accident cases can take months and may even take a couple of years to settle out. During this time period you will receive medical care and be confronted with a variety of financial scenarios when paying them. It’s best to use a qualified and experienced bicycle accident attorney to help you navigate these issues. With the help of your attorney you may be able to get liens put in place, or bills submitted to your own health insurance carrier. In both cases your attorney can help you negotiate these liens/bills down at the time of settlement and in both cases you are kept out of collections. Alternatively, your attorney can assist you in contacting your medical providers and setting up payment plans for you to make small monthly payments and keep you out of collections. Bicycle accident cases are complex and you need not be forced into collections as a result of pending medical bills you can’t afford. Avoid collections and be patient.

Arizona Bicycle Accident Attorney Ben Dodge

Ben Dodge - Experienced Bike Accident Attorney
Ben Dodge – Experienced Bike Accident Attorney

If you, or someone you know were injured in a bicycle accident, hire a personal injury attorney who is experienced and has a successful track record. Ben Dodge, a licensed bicycle accident lawyer in Arizona, has dedicated his entire firm to one purpose: representing cyclists. Bicycle accident cases are the only cases Bike Accident Attorneys, PLC handles.

Ben has represented and assisted bicycle accident victims across the entire United States. As an avid and competitive cyclist himself, Mr. Dodge currently participates in national and local cycling events all over the country. It isn’t uncommon to spot him in early morning hours out riding his bike. The day he fell in love with his job was the day he devoted himself completely to bicycle accident cases.

Ben is a member of the National Bike Law Network. This is a select group of like minded bicycle accident attorneys founded in 1998. In concert with the mission of Bike Law, Ben represent cyclists injured in bicycle accidents, at the police station, with insurance companies, and in the courts. He advocates for the rights of all cyclists, not just his clients. He teaches the police about bike laws and bike safety, he educates drivers about the rules of the road, and he trains cyclists and clubs to ride more safely.

A Consultation With Experienced Arizona Bicycle Accident Attorney Ben Dodge is Free

Understanding your rights and obligations as a cyclist can bring clarity to your specific accident situation. It will always be in your best interest to be represented by an attorney who knows the bicycle laws and has a successful track record of winning bicycle accident cases. The negotiation tactics and strategies of winning a case are extremely important but should always take a back row seat to the litigation experience and knowledge of court room rules, local, state, and federal rules of civil procedure that can have significant impact on your bicycle accident case. It is wise to be represented by someone well versed in bicycle accident law, local and state bicycle ordinances, rules, regulations, policies, and laws. You should hire someone very familiar with negligence and tort law, civil procedure, and the rules of evidence as they all relate specifically to bicycle accident cases.

Ben Dodge always offers a complimentary in person consultation to all local cyclists and a complimentary phone consultation to any cyclist injured in a bike accident. Typically the consultations are schedule from 30-60 minutes depending on the severity of the accident. You can expect to get answers to questions, clarity, information, and reassurance of your personal bike accident liability and potential for recovery. In your free consultation you can generally expect to discuss such topics as:

  • Your specific bike accident details, diagrams, and pictures from your perspective and then from the perspective of your bike accident attorney.
  • The applicable local, state, and federal laws underlying your case.
  • Your cyclist’s rights, obligations, and any potential liability.
  • The process, procedure (in and out of court), and the time frame required to conclude your case.
  • The value of your case and what you might expect as compensation.

You can call Arizona bicycle lawyer Ben Dodge of Bike Accident Attorneys, PLC at 1.855.663.3922 (855.ONE.EZ.CALL). Mr. Dodge’s staff is standing and ready to accept your call 24 hours a day, 7 days a week, every single day of the year. Mr. Dodge will personally return your call within 24 hours. There is never an obligation for a complimentary consultation with Mr. Dodge. His passion is in representing cyclists and his entire office stands ready to serve with kindness and patience.

Bike Accident Attorneys, PLC

Call Ben Dodge today at 1.855.663.3922. Reach him by fax at 480.656.8334.

Mr. Dodge can also be reached by email at ben@bikeaccidentattorneys.com

His Main Offices are located at:

Mesa Arizona (Home Base Office)
4824 E. Baseline Rd., Suite 124
Mesa, Arizona 85206

Phoenix Arizona Office
2415 E. Camelback Rd., Suite 700
Phoenix, Arizona 85016

Salt Lake City Utah Office
299 South Main
Salt Lake City, Utah 84111

St. George Utah Office
321 N. Mall Drive, Suite 103
St. George, Utah 84790

Mr. Dodge represents cyclists in the entire State of Arizona including but not limited to Mesa, Phoenix, Tucson, Yuma, Gilbert, Peoria, Glendale, Scottsdale, Ahwatukee, Tempe, Chandler, Prescott, Sedona, Flagstaff, Surprise, Kingman, Page, Lake Havasu City, Payson, Goodyear, Buckeye, Queen Creek, Paradise Valley, Show Low, Winslow, Maricopa, Nogales, Globe, Avondale, Cave Creek, Fountain Hills, Apache Junction, Carefree, Wickenburg, Pinetop-Lakeside, Strawberry, Anthem, Safford, and more. Ben Dodge is currently involved with bicycle accident cases all over the country and can assist in representation in all 50 states. He has helped cyclists in New York, Texas, California, Washington, Colorado, New Mexico, Oregon, Utah, Pennsylvania, and Washington D.C.

Flying with a Bike: a way around excess baggage fees.

Author: Bryan Waldman, a Bike Law Network member and bicycle attorney in Michigan. Original article posted here.

Flying these days, with or without a bicycle, is a frustrating endeavor. Along with all the traditional hassles and stressors of flying, there is a new trend of hidden or additional fees – $25 to check a bag, $35 to check a second bag, $11 for an extra six inches of leg room, etc…. Some airlines even charge for a carry-on bag. I recently saw a family blown away when they were told that it would cost them an additional $600 for their luggage to travel one-way!

So, imagine my anxiety when I recently traveled from Detroit to Austin, Texas with a big bike box. I traveled to Austin to attend a Bike Law Summit where bicycle lawyers from around the country meet to share information and help each other better represent cyclists. Of course, there would also group rides at the Summit and, since the Summit corresponded with the USA Cycling Cyclocross National Championships, it was also an opportunity to race. So, rather than rent a bike, I decided to bring my bike with me on the plane. In the process, I learned something worth sharing with others who are planning or considering a trip with their bike.

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The day before my flight, I received an email from the airline – “It is time to check-in for your flight to Austin.” I logged on and was given a birds-eye view of the plane’s seating chart. Most seats were jammed together making it appear as if there would be no leg room (an accurate depiction) – with the seat I had been assigned highlighted in red. You guessed it – back row, center seat! So, I searched for other options and saw there were open seats in first class. I thought, “Maybe this is an opportunity for a free upgrade.” I clicked on the big, plush seat and a message popped on the screen “$90.” No way was I giving the airline another $90!! So, I kept searching and saw there was an exit row seat (aka “poor man’s first class”). I clicked on the seat – “$11.” Hell no, I wasn’t going to give the airline another penny!

Still, in the back of my mind, I knew I would be paying more. I had this huge bike box sitting on the floor next to me and knew there would be a hefty charge to check it. I took a quick look at the baggage fees and learned it would be $150 (each way) for the bike box. But wait – I recalled seeing something from when I clicked on the first class seat. I went back to the seat and was right – “3 free bags.” Could this really work? Could I be allowed to make the bike box one of my free bags? Quickly, I navigated back to the airline’s baggage policies. I read laws, rules, policies and contracts every day, but there was absolutely no way I could make sense of the airline’s policies to determine if my bike box would be considered a free bag with a first class ticket. Still, I decided to give it a try.

The next day, I arrived at Detroit Metropolitan Airport, schlepped my bike box from the parking structure to the terminal, and saw a huge line snaking from the check-in counter. As I approached the line, I was pleasantly surprised to see that there was a separate line for first class passengers! I forgot about that perk, but now recalled seeing “those people” cut the line and secretly hating them! However, this time I was on the other end of the equation. I walked straight past the line and could feel the proletariat scowling at me, but I didn’t care – it felt too damn good being one of “those people.” Better yet, the ticketing agent informed me that there would be no charge for my bike box because was flying first class!

From there, it was smooth sailing. I boarded the plane with the other first class passengers, enjoyed free snacks and beverages, more leg room than I ever could have imagined, and when I arrived in Austin my bike was waiting for me at baggage claim. Lesson learned, right? Not quite.

At the end of my stay in Austin, I received the standard airline email telling me it was time to check-in for my return flight to Detroit. I logged onto the airlines site and, of course, saw I was again seated in a middle seat toward the back of the plane. No worries, I knew what to do and clicked on one of the many available first class seats. But, this time, I received a message stating that I was unable to change my seat online. I would have to try to make the upgrade at the check-in counter in the morning.

The following morning, when I arrived at the check-in counter, the agent looked at my bike box and said “Is that a bike? It will be an additional $150 for the bike. How would you like to pay for it?” I replied, “I think I want to upgrade to first class, but just for the first leg of my flight – Austin to Dallas.” With a smile, the agent said “Sure, that will be $40 and there will be no additional charge for the bike – you just saved $110 by flying first class.” Presumably, the upgrade for a 40 minute flight from Austin to Dallas is in lower demand and therefore, significantly cheaper than a first class seat on a longer flight. But, once the airline has your bike box in their possession, it is going to your final destination without any additional fee.

So, what did taking my bike to Austin teach me? First, fly first class and you will save some money and enjoy all the extra privileges granted to the traveling elite. Second, if you can arrange your travel so there is a short connecting flight at the beginning of your journey, your bike will fly free and you will join the bourgeois in the front of the plane, for even less cash.

Safe travels!

Author: Bryan Waldman, a Bike Law Network member and bicycle attorney in Michigan. Originally posted here.

Idiot Trial Lawyers: Why the Judge Gave Us Everything We Asked For!

At the risk of ranting against my own profession, I was in trial today and utterly amazed at defense counsel. Today’s trial should have and could have been completely avoided but for the idiot defense lawyer on the other side – so we won everything we asked for. I know plenty of attorneys who are very admirable and wonderful people. Yet, every once in a while you come across that one guy who absolutely reinforces the negative attitude most normal people have against attorneys. Today was no exception. We walked into the court room confident in a win for my client and yet confused as to why we even needed a trial on the particular issues the other side so adamantly defended. And in the end, it was as predicted… we won everything we asked for. Why? It’s simple, every winning strategy will have these basic principles regardless of the nature of the individual case.

The general rule of thumb and premise of this article is very simple, if you want the judge to give you what you want then: Don’t hire an idiot lawyer. Hire a smart lawyer. Judges don’t rule in favor of idiots, or least not very often. Here’s a brief list of what idiot lawyers do or don’t do, and that is exactly why they always lose.

  1. Know the law. An idiot lawyer won’t be well versed in the law surrounding his arguments. A smart lawyer will have studied the law, the local rules, and the court’s specific rules/instructions for every single aspect of his/her argument. The smart lawyer will have thought ahead and anticipated potential legal issues which need to be made and then find the law to support the arguments. The idiot lawyer will show up relying on his or her own puffery, or personal interpretation of the law instead of the actual statutes, laws, rules, regulations, and policies. Often the idiot lawyer will not have even been aware of a specific and controlling rule of law which is material to his or her case. This is exactly what happened to me today; and was absolutely one of the reasons the judge gave me everything I asked for. The defense lawyer had no idea what the rule of law was on a very key issue to the case. At one point the judge looked at the defense lawyer with a confused look and interrupted the line of questioning citing that none of it was even relevant to the law or the case. Sadly, the lawyer still didn’t understand and restated questions but continued down the same illogical and incorrect path. At which point the judge looked at me with a confused look, shook his head, and smiled at me. That was a confirming point in the trial wherein I knew once again we had won this case before we even started. The first time I knew we had one was before the trial even started and the judge asked for us to join him in his chambers… more on that priceless moment in a bit.
  2. Know the facts. An idiot lawyer will lose a case because he/she doesn’t actually know all of the facts. You wouldn’t think this happens, but unfortunately this is an absolutely common occurrence. A smart lawyer will know every detail of his/her case and how those details affect the case (i.e. the interplay between the facts of the case and the law). Today the judge gave me everything I asked for and did so in part, because the defense lawyer didn’t even know all of the facts of the case. The biggest embarrassment was the defense attorney couldn’t even pronounce her own client’s name correctly. She repeatedly mispronounced her client’s name over and over again during her direct examination. It was so awkward that even the judge looked to me again with a look of confusion. I couldn’t help but make first question on cross examination something along these lines: “I just want to be clear, I thought your name is pronounced ________(fill in the blank correctly) instead of _________ (the wrong way), is that true? Priceless.
  3. iStock_Angry Judge2Read the Judicial Cues. Judges are people too. They are supposed to be impartial and unbiased. They are supposed to approach every case with a clear and open mind as a trier of fact and/or a decision maker issuing rulings. Yet they have feelings, impressions, and opinions. Their patience only lasts so long. Their tolerance only lasts so long. An idiot attorney will ignore these signs and completely miss the cues that judges are always giving. A smart attorney knows how to see the case from much more than the legal and factual perspective. A smart attorney will be able to see how the judge looks at the case as well and begin to feel when the judge is agreeing with you or growing impatient with you. Today the judicial cues were ENORMOUS and completely missed by the defense attorney. The entire case the judge was dropping hints about the potential positions of each party involved. I personally wondered how on earth we ended up in trial today with so many blatant hints as to the position the judge was taking. Any reasonable and half intelligent attorney would have seen this and advised their client to begin settling. But alas, in my case the defense attorney was so off base that she really thought she would win even though she didn’t know the law nor the facts. This message was constantly reinforced to the client throughout the entirety of the case. I can only imagine how those private conversations went: “You are right Mr. Client, and you have a great case. Lets keep driving this thing hard and see if we can get the other side to back down.” This attitude prevailed through the whole case and never ceased to amaze me. At every turn the defense always thought they were right and were genuinely surprised at losing. In any event, the most priceless moment in this case was at the outset. The judicial assistant came into the court room and asked the attorneys to join the judge in chambers. Sitting down with the judge, he opened stating the obvious (or at least it was obvious to myself and to him): “Why are we here? Are we really having a trial today?” I jumped on this opportunity to chime in and join my sentiment with his. He then asked us if we wanted to know his thoughts regarding the case. An idiot attorney will decline such an invitation or not understand its importance. The defense attorney just stared at the judge in confusion as to what was happening. I chimed in again and expressed my delight at an opportunity to know the judges thoughts about our case prior to a trial – it was a true treat. After a short conversation where the judge recommended that we reach an agreement because a ruling would not benefit defense counsel, we departed and held brief settlement talks. The best part is that I walked out of that room not caring what settlement we would reach or not reach, the idiot lawyer has forced us into a trial that was unnecessary – I knew it, and I knew the judge knew it. Priceless. Other judicial cues come during the trial or previous hearings wherein judges grow frustrated at a line of questioning. While sometimes its important to continue these questions in spite of the judge’s negative opinion, extreme caution should be given to that strategy when it’s not a jury trial but rather a bench trial. Don’t frustrate the one making decisions on your client’s behalf.
  4. Be Reasonable – Don’t be Greedy. No one likes the greedy guy. As in many industries, the legal profession typically has a realm of reasonableness. A set of defined limits where you can be asking for too much. For example, a soft tissue bicycle accident where the total medical bills amount to about $3,500.00 with that or less in property damage is generally not a $5,000,000.00 case. Asking for that would be unreasonable and the attorney taking that position will most likely appear to be greedy and an idiot. Sometimes the laws are so clear that you can say a client is entitled to a certain amount in damages, or entitled to a certain range of pain and suffering. When the defined limits seem clear, and the attorney is asking for way more than what is reasonable – then the attorney is typically an idiot and will lose the case. Especially when the attorney doesn’t know the law, rules, or policies affecting the reasonable limits. So it was today, the defense lawyer had dug in so deep into an area of law which so clearly out of the range of reasonableness that her persistence in pursuing that argument not only LOST her the trial; but the judge awarded legal fees reimbursement for my client as a result of having to even go through the trial. The pre-trial settlement talks the judge prompted us to engage in after leaving his chambers were so fruitless because the defense was blind by their own unreasonableness. We went to trial notwithstanding the judge basically telling us what he would rule on before we even started the trial Embarrassing. Be reasonable and operate in the reasonable realm.

If the defense lawyer would have simply known the law and policies in this case then we could have avoided trial all together and a fair settlement would have been entered into months ago. The judge was so sure of that same fact that he awarded a reimbursement of attorneys fees to my client for having to pay for my representation in the trial. Additionally, if the defense lawyer would have just read the judicial cues and operated in the realm of reasonableness then we would have avoided the trial as well.

Fortunately for our profession not all lawyers are idiots. Some of us actually prepare for trial and know our cases and local judges like the back of our hand. Trying cases is a skill and something to look forward to not avoid. I’m proud to say that in the cases I have litigated in Federal and State courts it is more common to come across excellent attorneys as opposed to idiot attorneys. However, be aware… there’s an idiot in every village…

Arizona Bicycle Accident Attorney Ben Dodge

Ben-Dodge-Post-Race-tentIf you, or someone you know were injured in a bicycle accident caused by road debris, hire a personal injury attorney who is experienced and has a successful track record. Ben Dodge, a licensed bicycle accident lawyer in Arizona, has dedicated his entire firm to one purpose: representing cyclists. Bicycle accident cases are the only cases Bike Accident Attorneys, PLC handles.

Ben Dodge has represented and assisted bicycle accident victims across the entire United States. As an avid and competitive cyclist himself, Mr. Dodge currently participates in national and local cycling events all over the country. It isn’t uncommon to spot him in early morning hours out riding his bike. The day he fell in love with his job was the day he devoted himself completely to bicycle accident cases.

Bike Law badgeBen is a member of the National Bike Law Network. This is a select group of like minded bicycle accident attorneys founded in 1998. In concert with the mission of Bike Law, Ben represent cyclists injured in bicycle accidents, at the police station, with insurance companies, and in the courts. He advocates for the rights of all cyclists, not just his clients. He teaches the police about bike laws and bike safety, he educates drivers about the rules of the road, and he trains cyclists and clubs to ride more safely.

A Consultation With Experienced Arizona Bicycle Accident Attorney Ben Dodge is Free

In recent years there has been approximately 700 bicycle fatalities in the United States every single year. Approximately 2,000 bicycle accidents are reported in Arizona every year. Approximately 30 fatal bicycle accidents are reported in Arizona every year. Bicycle fatalities are terrible and horrific tragedies that affect the lives of too many families and friends to count. Understanding your rights and obligations as a cyclist can bring clarity to your specific accident situation. It will always be in your best interest to be represented by an attorney who knows the bicycle laws and has a successful track record of winning bicycle accident cases. The negotiation tactics and strategies of winning a case are extremely important but should always take a back row seat to the litigation experience and knowledge of court room rules, local, state, and federal rules of civil procedure that can have significant impact on your bicycle accident case. It is wise to be represented by someone well versed in bicycle accident law, local and state bicycle ordinances, rules, regulations, policies, and laws. You should hire someone very familiar with negligence and tort law, civil procedure, and the rules of evidence as they all relate specifically to bicycle accident cases.

Ben Dodge always offers a complimentary in person consultation to all local cyclists and a complimentary phone consultation to any cyclist injured in a bike accident. Typically the consultations are schedule from 30-60 minutes depending on the severity of the accident. You can expect to get answers to questions, clarity, information, and reassurance of your personal bike accident liability and potential for recovery. In your free consultation you can generally expect to discuss such topics as:

  • Your specific bike accident details, diagrams, and pictures from your perspective and then from the perspective of your bike accident attorney.
  • The applicable local, state, and federal laws underlying your case.
  • Your cyclist’s rights, obligations, and any potential liability.
  • The process, procedure (in and out of court), and the time frame required to conclude your case.
  • The value of your case and what you might expect as compensation.

You can call Arizona bicycle lawyer Ben Dodge of Bike Accident Attorneys, PLC at 1.855.663.3922. His staff is standing and ready to accept your call 24 hours a day, 7 days a week, every single day of the year. Mr. Dodge will personally return your call within 24 hours. There is never an obligation for a complimentary consultation with Mr. Dodge. His passion is in representing cyclists and his entire office stands ready to serve with kindness and patience.

Bike Accident Attorneys, PLC

Call Ben Dodge today at 1.855.663.3922. Reach him by fax at 480.656.8334.

Mr. Dodge can also be reached by email at ben@bikeaccidentattorneys.com or at ben@bikelaw.com.

His Main Offices are located at:

Mesa Arizona (Home Base Office)
4824 E. Baseline Rd., Suite 124
Mesa, Arizona 85206

Phoenix Arizona Office
2415 E. Camelback Rd., Suite 700
Phoenix, Arizona 85016

Salt Lake City Utah Office
299 South Main
Salt Lake City, Utah 84111

St. George Utah Office
321 N. Mall Drive, Suite 103
St. George, Utah 84790

Mr. Dodge represents cyclists in the entire State of Arizona including but not limited to Mesa, Phoenix, Tucson, Yuma, Gilbert, Peoria, Glendale, Scottsdale, Ahwatukee, Tempe, Chandler, Prescott, Sedona, Flagstaff, Surprise, Kingman, Page, Lake Havasu City, Payson, Goodyear, Buckeye, Queen Creek, Paradise Valley, Show Low, Winslow, Maricopa, Nogales, Globe, Avondale, Cave Creek, Fountain Hills, Apache Junction, Carefree, Wickenburg, Pinetop-Lakeside, Strawberry, Anthem, Safford, and more. Ben Dodge is currently involved with bicycle accident cases all over the country and can assist in representation in all 50 states. He has helped cyclists in New York, Texas, California, Washington, Colorado, New Mexico, Oregon, Utah, Pennsylvania, and Washington D.C.

2015 CX National Championships VIDEO – Where’s Lance Armstrong?

There is little doubt that cyclocross (CX) is sweeping the nation with increasing popularity. After this weekend in Austin at the National CX Championships I now know why. Simply put: Cyclocross is the new “cool” in the cycling world. As cold and rainy as it was for my Arizona blood, I still found people everywhere smiling and loving the chilly weather. No wonder bike shops are fully stocked with a diversity of CX bikes and enthusiasts are found in every city. The culture surrounding cyclocross is contagious. It’s a movement, a rising tide to be dealt with for sure. Every race is filled with loud cheering spectators, and lots of enthusiasm.

It helps that it is a sport within cycling that a road cyclist can participate in, a mountain biker, a triathlete and so on. Everyone can find a local cyclocross race and inexpensively sign up for a short but action packed lactate thresh hold barn burning race. The diversity of courses, riders, and what a cyclist can end up encountering on the course itself just makes it even more enticing.

Below is a video of footage shot this weekend on from the Cyclocross National Championships in Austin Texas. Its a summary video of different clips at just over a minute. But you will get the idea of how harry and exciting a cyclocross race is:

The CX culture has its roots in Belgium and other European areas where winter training became an  entire village sort of gathering. Historically CX Racers taking their bikes in muddy, dirty, and rocky terrain. Often these local heroes will ride in all winter weather conditions and take their bikes through just about every imaginable and unimaginable obstacle including tight turns between two house on a narrow cobblestone street, up muddy hills, over large rocks, down sweeping turns and through some farmer’s field. The European locals would literally fill the streets and completely surround what is usually only a short 1-2 mile loop completed in as many laps as possible in a given time frame of roughly 40 minutes.

This was my first experience at a national CX Race and I admit I’m hooked. This year the CX Nats were held in Austin Texas – home to the famous Lance Armstrong owned bike shop “Mellow Johnny’s.” I half expected and hoped to see an appearance by the cycling legend. I wasn’t surprised when I learned that he was no where to be seen at the CX Nats. I understand the pressure he must feel when in public, especially at a USA Cycling Association Sanctioned championship event. He must wonder how many of the cyclists are still loyal fans and how many will heckle him to death. Whatever the reason, he was a now show as far as I could tell.

The other attorneys in Bike Law (a national network of bicycle lawyers) and I found some time to still head over to Mellow Johnny’s which is so keenly situated in the heart of Austin Texas. I didn’t know what to expect when we went inside. I had heard so many stories of how amazing the bicycle shop is and my expectations were steadily growing with every step as we walked our way downtown Austin to his shop. As we approached it didn’t seem like much from the outside, but as I stepped into the shop I quickly realized it was no ordinary shop. How could it be? It is Lance Armstrong’s bike shop, since when does he do anything ordinary? There were two entrances into the shop depending on the street you entered from. The feel of Mellow Johnny’s is amazing. Everywhere you look you see a bicycle hung from the ceiling along the outer walls with a brief description of which famous cyclist used it (such as Armstrong or Hincapie, etc) and which Tour de France (or other world/European tour) it was used in. Very impressive.

Mellow Johnny's Bike Rack & Coffee Lounge
Mellow Johnny’s Bike Rack & Coffee Lounge

Of course, the whole shop had a different feel to it. There was a bike rack inside the store for cyclists to ride over and park their bikes while they sat down in a lounge and enjoyed a cup of coffee. There is a basement downstairs with a very high tech training studio with stationary trainers set up, and screens everywhere. Also downstairs is a professional fit studio.

But what caught me eye most was the robust collection of signed jerseys and actual race bicycles of Lance Armstrong all over. In every sense of the word it was a memorial of sorts and a cool museum of Lance Armstrong bicycles. It appeared as if every Tour de France year was represented with one of his bicycles and a plaque describing it.

Mellow Johnny's Basement Collection of Lance Armstrong Bikes
Mellow Johnny’s Basement Collection of Lance Armstrong Bikes

However, as cool as Mellow Johhny’s is – nothing was as electrifying and as exciting as the CX National Championships. If you ever get a chance to attend them in the future or sign up for a local CX race near you – DO IT. When you do, make sure your cycling insurance and health insurance is up to date. Its not if you get in a bike crash on the course, but when and how bad. Injuries are common, but fortunately not as severe as getting hit by a car. In a CX race you are almost assured to go over your handle bars sometime in the season or slip on a run up as you try to ride or run up the obstacle ridden trail.

Get out there and have fun. Be safe and ride it like you stole it!

The “Manifesto”

I’m lucky enough to be in Austin Texas this weekend at the 1st annual Bike Law Summit. I’m proud to be a member of Bike Law. Bike Law is a national network of Bicycle Accident Attorneys founded in 1998. I believe the culture of cycling is summed up pretty good in the “Manifesto” below. Great concept. Follow us on Twitter for racing and cycling updates: @bikelawben

This is the “Manifesto“:

“We agree:

1) We are cyclists because we love to ride, and everybody who loves to ride is a cyclist.

2) Nothing else allows us the independence, pleasure, and power to move so far, so fast, with so little effort.

3) Cycling is not suffering. Hunger and the plague are suffering. Cycling is a joy, even when it’s hard.

4) A cyclist is more than a motor. Skill and elegance are earned.

5) Ride everyday.”

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