Central
Connecticut Bicycle Alliance
|
|
|
What to do in case you are involved in a cycling accident As cyclists, we usually plan for and make sure we have the necessary tools to deal with the wide variety of mechanical problems and weather conditions that may pop up as we ride. Most of us know how to fix a flat bike tire and how to repair our bicycles well enough to at least limp home when mechanical issues arise on the road. Likewise, we generally remember a rain jacket and other necessary clothing for the weather conditions we may encounter. But many of us never plan our reaction to an accident with a motor vehicle while riding, and we may be caught unaware of our rights and responsibilities if an accident does occur. I learned some lessons the hard way while commuting and wanted to pass them on so that you might be better prepared if you are involved in an accident with a motor vehicle. The following outline was adapted with permission from http://www.sbbike.org. This site has a wealth of other information concerning other aspects of commuting as well and is worth checking out. If you are hurt in a traffic collision, don't ride away or shake off what seems like a minor injury—you might find later that it's worse than you thought. Things to consider:
Call 911 for the police. If needed, get medical help immediately. If you're injured, don't move unless you're sure further injury won’t occur as a result. Don't get mad. Keep a level head so you can ask questions and take notes. Get the following information from every vehicle involved in the accident: driver name, address, phone number, driver's license number, license plate number, make of car, insurance company name, and policy number. Get the names and phone numbers of witnesses. Despite what you may hear to the contrary, if the accident is the vehicle driver’s fault the driver’s auto insurance will generally cover your losses and medical expenses. It does not matter that you were riding a bike instead of driving a motor vehicle. If you happen to be involved in a hit and run, your own homeowner’s insurance policy may cover your damages and medical expenses. Even if the accident is a hit and run, ensure that a police report is taken at the scene and write down the police report number and the officer’s name before you leave the scene. Some police may suggest that a police report is not necessary; this is not true, most insurance companies require them before a claim for damage can be made. Write down how the accident happened. Keep (or photograph) any damaged clothes or equipment and all receipts and prescriptions related to necessary medical care. All of this will be helpful when filing a claim to recover for medical expenses and/or property damage. Even if the accident seems minor, carefully check out your bike and all of your other equipment for damage before you ride away. If your helmet hits the pavement, get a new one as soon as possible. A new helmet is much cheaper than a new head if you are involved in another accident. It should be apparent from the above to always carry pencil and paper, plus some identification about you that lists an emergency contact and your medical conditions that specialists might need. What follows are copies of the Motor Vehicle Code contained in the Connecticut General Statutes which are directly relevant to cyclists: (b) A signal of intention to turn right or left shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning. (c) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in section 14-244 to the driver of any vehicle immediately to the rear when there is opportunity to give such signal. (d) No person shall turn a vehicle so as to proceed in the opposite direction upon any curve, or upon the approach to, or near the crest of, a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred feet, or at any location where signs prohibiting U-turns are posted by any traffic authority. (e) The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or within the area formed by the extension of the lateral lines of the private alley, road or driveway across the full width of the public highway with which it intersects, or so close to such intersection of public highways or to the area formed by the extension of the lateral lines of said private alley, road or driveway across the full width of the public highway as to constitute an immediate hazard. (f) No person operating a vehicle who overtakes and passes a person riding a bicycle and proceeding in the same direction shall make a right turn at any intersection or into any private road or driveway unless the turn can be made with reasonable safety and will not impede the travel of the person riding the bicycle. (g) Violation of any of the provisions of this section shall be an infraction. (b) No person shall ride a bicycle with a helper motor unless that person holds a valid motor vehicle operator's license. No person shall operate a bicycle with a helper motor at a rate of speed exceeding thirty miles per hour; nor shall any bicycle with a helper motor be operated on any sidewalk, limited access highway or turnpike. (c) (1) Notwithstanding the provisions of subsection (b) of this section, the Commissioner of Motor Vehicles may issue to a person who does not hold a valid operator's license a special permit that authorizes such person to ride a bicycle with a helper motor if (A) such person presents to the commissioner a certificate by a physician licensed to practice medicine in this state that such person is physically disabled, as defined in section 1-1f, other than blind, and that, in the physician's opinion, such person is capable of riding a bicycle with a helper motor, and (B) such person demonstrates to the Commissioner of Motor Vehicles that he is able to ride a bicycle (i) without a helper motor on level terrain, and (ii) with a helper motor. (2) Such permit may contain limitations that the commissioner deems advisable for the safety of such person and for the public safety, including, but not limited to, the maximum speed of the helper motor such person may use. No person who holds a valid special permit under this subsection shall operate a bicycle with a helper motor in violation of any limitations imposed in the permit. Any person to whom a special permit is issued shall carry the permit at all times while operating the bicycle with a helper motor. Each permit issued under this subsection shall expire one year from the date of issuance. (d) Notwithstanding the provisions of any statute or regulation to the contrary, the State Traffic Commission shall adopt regulations in accordance with the provisions of chapter 54 determining the conditions and circumstances under which bicycle traffic may be permitted on those bridges in the state on limited access highways which it designates to be safe for bicycle traffic. Bicycle traffic shall not be prohibited on any such bridges under such conditions and circumstances. (e) As used in this section: (1) "Sidewalk" means any sidewalk laid out as such by any town, city or borough, and any walk which is reserved by custom for the use of pedestrians, or which has been specially prepared for their use. "Sidewalk" does not include crosswalks and does not include footpaths on portions of public highways outside thickly settled parts of towns, cities and boroughs, which are worn only by travel and are not improved by such towns, cities or boroughs or by abutters; (2) "bicycle" includes all vehicles propelled by the person riding the same by foot or hand power or a helper motor; and (3) "helper motor" means a motor having a capacity of less than fifty cubic centimeters piston displacement, rated not more than two brake horsepower, capable of a maximum speed of no more than thirty miles per hour and equipped with automatic transmission. (f) Any person who pleads not guilty of violation of any of the provisions of this section shall be prosecuted within fifteen days of such plea. (g) No person may operate a high-mileage vehicle as defined in section 14-1 on any sidewalk, limited access highway or turnpike. (h) Violation of any provision of this section shall be an infraction. (b) Every person operating a bicycle solely by hand or foot power upon and along any sidewalk or across any roadway upon and along any crosswalk shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians walking in such areas as provided by the general statutes, except as provided otherwise by any ordinance of any city, town or borough or any regulation of the State Traffic Commission issued or adopted pursuant to the provisions of section 14-289. (b) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two abreast, as provided in this subsection, shall not impede the normal and reasonable movement of traffic, and, on a laned roadway, shall ride within a single lane. (c) No person riding upon any bicycle, roller skates, sled, skateboard, coaster or toy vehicle shall attach the same or himself to any vehicle moving or about to move on a public roadway nor shall the operator of such vehicle knowingly permit any person riding a bicycle, roller skates, skateboard, coaster, sled or toy vehicle to attach the same or himself to such vehicle so operated or about to be operated, provided any person operating a bicycle solely by foot or hand power may attach a bicycle trailer or semitrailer thereto, provided such trailer or semitrailer is designed for such attachment. (d) No person operating a bicycle, as defined by section 14-286, upon a roadway, path or part of roadway set aside for exclusive use of bicycles shall carry on such bicycle a passenger unless such bicycle is equipped or designed to carry passengers, provided any person who has attained the age of eighteen years may carry any child while such person is operating a bicycle propelled solely by foot or hand power, provided such child is securely attached to his person by means of a back pack, sling or other similar device. The term "child", as used in this subsection, means any person who has not attained the age of four years. (e) No person operating a bicycle, as defined by section 14-286, shall carry any package, bundle or other article which prevents such person from using both hands in the operation of such bicycle. Each person operating such bicycle shall keep at least one hand on the handlebars thereof when such bicycle is in motion. (f) Violation of any provision of this section shall be an infraction. (b) Each person riding a bicycle upon the traveled portion of a highway and intending to make a right turn may in lieu of the procedure prescribed by section 14-244, before turning and while in motion or if stopped while waiting to turn signal such turn by extending his right hand and arm horizontally with forefinger extended. (c) No person operating a bicycle upon the traveled portion of a highway and intending to make a right or left turn shall be required when making a signal of such intention to make such signal continuously. (b) No child fifteen years of age or under shall operate a bicycle on the traveled portion of any highway unless such child is wearing protective headgear which conforms to the minimum specifications established by the American National Standards Institute or the Snell Memorial Foundation's Standard for Protective Headgear for Use in Bicycling. Failure to comply with this section shall not be a violation or an offense. Failure to wear protective headgear as required by this subsection shall not be considered to be contributory negligence on the part of the parent or the child nor shall such failure be admissible in any civil action. (c) A law enforcement officer may issue a verbal warning to the parent or guardian of a child that such child has failed to comply with the provisions of subsection (b) of this section. (d) A person, firm or corporation engaged in the business of renting bicycles shall provide a bicycle helmet conforming to the minimum specifications established by the American National Standards Institute or the Snell Memorial Foundation's Standard for Protective Headgear for Use in Bicycling to any person under sixteen years of age who will operate the bicycle if such person does not have a helmet in his possession. A fee may be charged for the helmet rental. Violation of any of the provisions of this subsection shall be an infraction. (e) The Commissioner of Consumer Protection may establish, within available appropriations, a public awareness campaign to educate the public concerning the dangers of riding bicycles without helmets and to promote the use of safety helmets while riding bicycles. (b) The exemptions granted in subsection (a) of this section shall apply only when such bicycle is making use of an audible warning signal device, including, but not limited to a siren, whistle or bell. (c) The provisions of this section shall not relieve the operator of a bicycle from the duty to drive with due regard for the safety of all persons and property. Sec. 14-288. Lights, reflectors and brakes on bicycles. Whistle emitting devices prohibited. (a) Each bicycle operated upon the public highway, during the times or under the conditions as provided in subsection (a) of section 14-96a, shall display a lighted lamp upon the forward part of such bicycle. Such lamp shall, when lighted, emit a white light which in clear weather shall be visible at a distance of not less than five hundred feet in the direction in which such bicycle is proceeding. Each bicycle shall also, at all times, be equipped with a reflector or reflecting tail light lens, which reflector or lens shall be attached to the rear of such bicycle in such manner as to reflect rays of light thrown upon the same, and such reflector or reflecting tail shall be visible at a distance of not less than six hundred feet from the rear when illuminated by the head lamps of a motor vehicle. Such bicycle shall also be equipped with reflective material so placed and of sufficient size and reflectivity to be visible from both sides of such bicycle at a distance of not less than six hundred feet when illuminated by the head lamps of a motor vehicle. Each bicycle shall also, at all times, be equipped with a braking device sufficient to enable the operator thereof to stop within twenty-five feet on dry, level and clean pavement when moving at a speed of ten miles per hour. No person shall equip a bicycle with a siren or device which emits a whistle or use a siren or device which emits a whistle while operating a bicycle. (b) Operation of a bicycle in conflict with any provision of this section shall be an infraction.
Researched/Written by CCBA Board Member Ben Bare
|
|
|