We are Attorneys and We are Riders
We Represent Utah Cyclists
Had a Bicycle Crash in Utah?
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.
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Utah Bicycle Accident Statistics
Resident Population
3,051,000
Total Traffic Fatalities
281
Pedalcyclist Fatalities
5
Percentage of Total Traffic Fatalities
1.8%
Pedalcyclist Fatalities per Million Population
1.64
Utah Bicycle Statutes
This list is a plain-language summary of the laws that apply to bicyclists and is provided for general information only. The actual and full text of these laws, and additional laws, may be found in the referenced sections Title 41, Chapter 6a of the Utah Code, available online at www.utah.gov/government/utahlaws.html under Utah Code and Constitution.
– A “Bicycle” means every device propelled by human power upon which any person may ride, having two tandem wheels, except scooters and similar devices (41-6a-102).
– Your bicycle is considered a vehicle and you have the same rights and are subject to the same provisions as the operator of any other vehicle (41-6a-1102). This includes obeying traffic signals (41-6a-305), stop and yield signs (41-6a-902), and all other official traffic control devices (41-6a-208). The following paragraphs point out those laws specifically addressing the needs and responsibilities of bicyclists.
– Ride in the same direction as traffic (41-6a-1105).
– Ride as far to the right as practicable except when:
– Passing another bike or vehicle,
– Preparing to turn left,
– Going straight through an intersection past a right-turn-only lane,
– Avoiding unsafe conditions on the right-hand edge of the roadway
– Traveling in a lane too narrow to safely ride side-by-side with another vehicle. (41-6a-1105).
– Ride no more than two abreast and then only if you would not impede traffic (41-6a-1105).
– In some instances where an off-roadway bike path has been provided, you may be directed by an official traffic control device to use the path rather than the roadway (41-6a-1105).
– To make a left turn, you have two options as a bicyclist:
– Use the left turn lane or two-way left turn lane in the same manner required of motor vehicles (41-6a-801); or
– Staying on the right side of the roadway, ride through the intersecting roadway to the far corner and stop. After it is safe and legal to do so, cross going in the new direction, continuing to travel on the right side of the roadway (41-6a-1108).
– Always signal your intention to turn right or left, change lanes, or stop at least three seconds before doing so (41-6a-804). You do not have to maintain a continuous signal if you need your hand to control the bike. Once stopped in a designated turn lane you are not required to signal again before turning (41-6a-1109).
– The acceptable hand signals are:
– Left turn – left hand and arm extended horizontally;
– Right turn – left hand and arm extended upward or right hand and arm extended horizontally; and
– Stop or decrease speed – left hand and arm extended downward (41-6a-804).
– Always yield to pedestrians and give an audible signal when overtaking them. Use care and safe speeds to avoid collisions. Never ride where bicycles are prohibited (41-6a-1106).
– Never carry more people on your bike than it was designed and equipped to handle; though, as an adult, you may carry a child securely attached to you in a back pack or sling (41-6a-1103).
-While cycling, never attach yourself or your bike to any vehicles moving on the highway (41-6a-1104).
-Never race bicycles on the highway except in events approved by state or local authorities (41-6a-1111).
-Do not carry any package, bundle, or article that prevents using both hands to control your bike. You must have at least one hand on the handlebars at all times (41-6a-1112).
-You are required to have a white headlight, red taillight or reflector, and side reflectors, all visible for at least 500 feet (41-6a-1114) any time you ride earlier than a half hour before sunrise, later than a half hour after sunset, or whenever it is otherwise difficult to make out vehicles 1000 feet away (41-6a-1603).
-You must have brakes capable of stopping you within 25 feet from a speed of 10 miles per hour on dry, level, clean pavement (41-6a-1113).
-You cannot have a siren or whistle on your bike (41-6a-1113) .
-You may park your bike on sidewalk along a roadway anywhere it is not expressly prohibited or where it would impede pedestrian or traffic movement. You may also park your bike on the roadway anywhere parking is allowed as long as you are parked within 12 inches of the curb or edge of roadway (41-6a-1402)
and your bike does not block any legally parked motor vehicles. Your bike does not have to be parallel to the curb, but may be parked at any angle to the curb (41-6a-1107).
-A peace officer may at any time upon reasonable cause to believe that your bicycle is unsafe or not equipped as required by law, or that its equipment is not in proper adjustment or repair, require you to stop and submit the bicycle to an inspection and a test as appropriate (41-6a-1110).
-Motorists may not pass within 3-feet of a moving bicycle, unless they can do so at a reasonable and safe distance (41-6a-706.5).
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