tag:blogger.com,1999:blog-36250316.post8890666484872452682..comments2023-11-05T01:50:47.040-07:00Comments on Bike Commute Tips Blog: Interview with bicycle attorney Gary BrustinPaul Dornhttp://www.blogger.com/profile/03893190816290007375noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-36250316.post-75668900926718000082007-02-08T16:24:00.000-08:002007-02-08T16:24:00.000-08:00Thanks for the good tips. What's frustrating is th...Thanks for the good tips. What's frustrating is that usually the bicyclist is alone or is the lone person with the knowledge and need to do all of the things the Mr. Brustin recommends. It's very difficult to comply with EMTs and Police while also getting driver and witness information.hoodwalkerhttps://www.blogger.com/profile/18435847374861519201noreply@blogger.comtag:blogger.com,1999:blog-36250316.post-63480580544223692702007-01-30T17:39:00.000-08:002007-01-30T17:39:00.000-08:00A lack of helmet on a bicyclist under age 18 is no...A lack of helmet on a bicyclist under age 18 is not evidence of fault. It <i>is</i> evidence of a vehicle code violation, which may result in a reduction of damages that the parent or guardian of a minor bicyclist might otherwise be awarded. But it is not evidence of fault.<br /><br />My understanding is that a lawsuit must establish three things: fault, injury, and expenses. A parent or guardian who is comparatively negligent regarding helmet use by their minor child may consequently share some of the blame for injuries. But <i>fault</i> for a collision is a separate issue.Paul Dornhttps://www.blogger.com/profile/03893190816290007375noreply@blogger.comtag:blogger.com,1999:blog-36250316.post-44001215588311788472007-01-30T12:58:00.000-08:002007-01-30T12:58:00.000-08:00Good interview.
California has a mandatory helmet...Good interview.<br /><br />California has a mandatory helmet requirement for children. Does this law diminish the legal standing of cyclists who are struck and injured by a motorist if the child cyclist isn't wearing a helmet?<br /><br />I don't remember what California law is, but in many states failure to obey the law is prima facie evidence of fault of an accident.Yokota Fritzhttps://www.blogger.com/profile/04808661100114872654noreply@blogger.com