WE ARE ATTORNEYS AND WE ARE RIDERS
WE REPRESENT DELAWARE CYCLISTS

Contact Ben Dodge to see if the bicycle crash lawyers at Bike Accident Attorneys (BAA) can help. Unlike other lawyers who attempt to represent cyclists, our BAA lawyers actually ride and race their bicycles as well as appear and win in court. Most attorneys are just pencil pushers. We are court room litigators who are passionate about riding our bikes and we have associated local counsel in other states to allow us to help you in your state. Based on our expertise and experience we have also been admitted in other states to appear in court for our bicycle crash clients on a case by case basis. We can help you directly or ensure that you get the quality help you need in your state. Contact Ben Dodge now to see how we can protect your rights.

3 Tips on Choosing the Best Bicycle Crash Lawyer and Avoid Being Scammed

So how do you know if you have the best lawyer? There are 3 things to investigate when hiring a bicycle lawyer that can help you avoid a scammer. Some of that depends on what you think the “best” really means. To me, it is simple. The “best” lawyer will get you to the most advantageous position possible with as little cost as possible. That’s it. Nothing else to it. I have seen too many lawyers give up or miss out on incredible opportunities for their clients because of their own egos arguing the irrelevant issues or pushing too hard in a direction that only generates their own fees as opposed to the results the client would rather have.

The most advantageous position is sometimes not even what the client comes in asking for. I can’t tell you how many times I probably talked myself out of a job in an initial consult because what the client wanted actually puts them in a worse position and I wasn’t afraid to tell them so. It would have been so much easier to just tell them what they desperately wanted to hear, help them feel heard and let them vent a little. All just tell them we better hurry up and rush to court so they can be vindicated. When in reality, that won’t help them at all. So that is what many lawyers do- they try to figure out what the client wants emotionally and then sell them a legal service that matches that emotional need and of course charge them for it based on whatever they think the client is able to pay.

Obviously not all attorneys are this cold-hearted. Many of us actually care. Many of us strive to do right by the client as opposed to just trying to do right by the pocket book.

Here are some general things to watch out for when looking for an attorney, especially a bicycle accident lawyer (I don’t like the word accident, I prefer “crash” – but most of the world uses the term accident and I understand why, so I sue it too). Here are the issues to watch out for:

1) Specific Knowledge

Do they have the specific knowledge required to handle your case? Just because they graduated from law school doesn’t mean they know anything about cycling! In fact, in my opinion, most of the country doesn’t know anything about cycling. It is crazy that all sorts of professionals from police offices charged with enforcing cycling safety to insurance adjusters responsible for finding fault don’t know anything about cycling laws. This is especially true with local rules, ordinances, and even more so with knowledge of local customs and implied expectations of cycling culture and more. Now fast forward to the moment when you are looking for an attorney to help you with your crash (your bicycle accident case) and you see a billboard on the side of the freeway, or a TV commercial, or even a Google search where the words cycling lawyer were used… How much specific knowledge of bicycle cases do you think they really have? Ask them how often they ride? Ask them what their favorite route is? Ask them if they could buy any bike on the planet what would it be and why? These questions will help you quickly identify if they are even remotely plugged into the cycling community and whether or not they have specific knowledge relating to cycling. Why is this important? SIMPLE- as a cyclist you already know that most people (drivers) hate that we are out on the roads. You already have an uphill court battle of public opinion. Being right on some traffic issue isn’t enough for us. Your lawyer must know this intimately in order to successfully navigate the complex negotiations of your case with the insurance company and opposing attorneys and then ultimately in a court room where you can bet no one on the jury will be a cyclist.

Also on the topic of specific knowledge. How many cases like this issue have they handled? What were the outcomes? How confident do you feel with their answers to these questions? Specific case knowledge is helpful. Do they have experience with the opposing insurance company? With that specific police department? With your judge? And on and on.

Specific knowledge is very helpful and you can’t buy it with expensive marketing on billboards, commercials, etc. It is earned with blood, sweat, and sometimes tears through years of experience.

2) Desk or Courtroom

The next thing to investigate is whether or not the attorney you’re thinking about hiring is a desk lawyer (I fondly refer to these lawyers as pencil pushers) or a courtroom lawyer. There is a need for all sorts of lawyers. But unless you are planning on having your bicycle accident attorney draft a will or some contract for you, then you want a courtroom lawyer not a pencil pusher.

I know this is a guess, but in my experience it seems like 95% of lawyers, especially the ones who end up on billboards and commercials, are just pencil pushers. Once their cases get to tough they refer them out to a real lawyer to finish the courtroom stuff for them. Most attorneys talk a big talk in their consult with potential clients about how good they are, but when push comes to shove and they have to actually prove it to you in a courtroom with you watching, their peers (opposing lawyers on the other side of your case) and in front of a judge and jury- they simply freak out and completely drop the ball or settle for less than you should ever take just to avoid the scary courtroom.

Don’t mistakenly hire a pencil pusher. Hire a bicycle accident lawyer who thrives in the courtroom. One simple question to help catch them off guard is ask them when is the last time they were in court? What was it about? What kind of hearing was it? What was the argument they proposed and made to the judge? How did it turn out? These simple questions will help you find out if they are pencil pushers or not. Their hesitation or odd answers are a dead give away that they are likely misleading you on their courtroom abilities and experience.

We are courtroom lawyers, sometimes even going multiple times per week to court. We file lawsuits, we don’t just write a few meaningless settlement letters and sell our clients on how good the settlement is- we prove it to our clients.

3) Do You Recognize Them from a Billboard or Commercial?

Yes I said that right, do you actually recognize them from a billboard or a TV commercial? Why is this even a thing? Well, it sounds harsh but those lawyers out there spending hundreds of thousands of dollars per year (for some they spend that per month) just to recruit new clients may be struggling to get their current and past clients to even refer to them… Yep, what if your lawyer was so good and you were so impressed that you happily sent business to him/or her? See how powerful that is? I’m not saying that everyone who advertises in our line of work is a horrible lawyer. What I am saying is that it is a bit suspect since advertising is NOT cheap and it begs the question as to why they have to advertise in the first place? Is their reputation with their own clients so bad that they have to find an alternative source to finding clients? Possibly. I’m one of those guys who avoids, in fact runs away from any professional I see on a billboard. I’d much rather consult a trusted friend and get their opinion as to whom I should see or NOT see based on their experience.

Not all lawyers who advertise are bad. But like I said, I personally run away from any professional on a billboard or TV commercial. A good old fashioned referral has always proved to be much better much more often. Just sayin’.

These are just 3 of the many things to look out for when you hire a bicycle accident lawyer. Call my office up and we can chat over the phone sometime about all the other million things to look out for like attorney billable hour quotas, bonus structures, professional reputation among peers, and so much more!

We are here for you. We got your back. We protect our own like you’re a member of our tribe. Good luck. Be safe out there and keep the rubber side down.

Contact Ben Dodge and let the lawyers in the Bike Accident Attorneys National Network help you. We will assist you in your case and/or find someone for you in your state that we can trust and recommend. We have your back. We are here for you.

#MyLawyerDoesntSuck

DEFINITION:

“Bicycle” shall mean that certain class of vehicles which are exclusively human-powered by means of foot pedals, which the driver normally rides astride, which have not in excess of three wheels and which may be commonly known as unicycles, bicycles and tricycles. Also, includes a two- or three wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 hp) whose maximum speed on a paved level surface, when powered solely by such motor while ridden by an operator who weighs 170 pounds, is less than 20 m.p.h.

REMEMBER: BICYCLES ARE VEHICLES, THEREFORE:

1. Bicyclists must obey all traffic laws.
2. Motorists must treat bikes as all other vehicles.

Rules of law and common sense can help both motorists and bicyclists to share the road safely. It is useful to look at the task of sharing the road from three viewpoints: that of the motorist, that of the parent of the youthful bicyclist, and that of the adult bicyclist.

THE MOTORIST AND THE BICYCLIST

Bicyclists have the right to use all roads except those from which they are specifically excluded. They are subject to the provisions of the vehicle code, just as other vehicle drivers are. Thus in a given situation if you would yield the right-of-way to a motor vehicle, you would yield it to a bicycle as well.

A modern bicycle is capable of speeds in excess of 25 miles per hour. However, its small bulk may make the bicycle hard to spot in traffic, particularly when visibility is poor (as in rain, at dusk, or in fog).

Bicycles are quite sensitive to irregular road surfaces and to the air pressure from vehicles passing very close; trucks and buses in particular can push a bicyclist over just by the air pressure as they pass at high speed. Allow plenty of room when passing a bicyclist, particularly when you are traveling at a high speed. If the road is narrow and you are unable to pass safely, follow at a safe distance and wait until it is safe before passing. Allow plenty of clearance after overtaking a bicyclist before you pull to the right; the bicyclist’s speed may be much greater than you realize. Avoid blowing your horn at a bicyclist except in an emergency.

Many car/bike accidents occur because the motorist does not see the bicyclist, while the bicyclist falsely assumes that the motorist has seen him. Motorists are accustomed to searching only for motor vehicles and tend to overlook oncoming bicyclists. Be especially careful to look for bicyclists when you are preparing to enter a roadway or to make a turn. At night, be aware that bicycles, like other smaller vehicles, are harder to see.

THE PARENT OF THE YOUTHFUL BICYCLIST

Under the law, the parent (or guardian) can be held responsible if a child, while bicycling, violates any traffic law. As a parent you have the responsibility to be sure that the child is ready and able to use a bicycle safely, and that he or she knows and obeys the traffic laws. You are also responsible if your child (under the age of 16) is not wearing a helmet.

THE ADULT BICYCLIST

Keeping three important principles in mind will help the adult bicyclist to share the road safely with motor vehicles and pedestrians: control, predictability, and visibility.

Before you venture into traffic, make sure that you have mastered the control of your bicycle; riding in a straight line, and turning and stopping smoothly. Riding your bicycle in a predictable manner is essential to your safety on the road. This means riding with the traffic, not against it; signalling your intentions clearly and in plenty of time; and choosing a path of travel which won’t result in you swerving into traffic to avoid hazards. Increasing your visibility will help to protect you on the road. Clothes of bright colors during the day, and white or reflective clothing at night will help you to be seen. A good bicycle helmet of white or yellow color is an excellent option. It will both protect you and make you more visible. At night, always have the required white headlight and red rear-reflector on your bicycle; a red tail light and additional reflectors are also helpful.

Use hand signals to communicate your intentions to other vehicles. (See Section Five – Communicating)

As the rider of a bicycle, you have all the rights and all the duties and responsibilities of the driver of a motor vehicle, except where by their nature the laws are inapplicable to bicycles. The following additional laws apply to bicyclists:

• When riding a bicycle you must be on or astride a permanent seat.
• You may not carry a passenger unless your bicycle is designed for carrying a passenger.
• You must not cling to any vehicle upon the highway. This law also applies to sledders, coasters, skaters, and riders of toy vehicles.
• You must not ride on a highway facing traffic.
• When upon a roadway you must ride as far to the right of the roadway as practicable.
• When riding a bicycle, you must keep at least one hand on the handle bars at all times.
• You must not ride at night unless you have a white headlight visible for 500 feet, a red rear-reflector visible for 600 feet, and either reflective material visible from both sides for 600 feet or a lighted lamp visible from both sides for 500 feet. A tail light is recommended.
• You must yield to pedestrians on a sidewalk and in a crosswalk and give an audible signal before overtaking.
• You must not wear a headset covering both ears.
• All persons under the age of 16 must wear a properly fitted and fastened bicycle helmet.

Source: https://www.dmv.de.gov/services/vehicle_services/reg/ve_reg_bike.shtml