Personal Injury Law

Missouri Bike Accident - Caused by the "Right Hook" - Injured Cyclist Hired St Louis Missouri Injury Lawyer After Settlement Negotiations Halted

By Benjamin J. Sansone, Esq.

June 2007, in Springfield Missouri, a bicycle accident occurred when Mike was riding his bicycle North on Campbell Rd, and a truck owned by an electric company and operated by an employee, overtook Mike and proceeded to make a right hand turn cutting him off and causing a collision between the truck and the bike. This common bicycle accident scenario is referred to as the "Right Hook". See the Police Report Excerpt Below.

Under Missouri law, bicyclists are to be treated as other vehicles; for instance, under Missouri law a vehicle is not to cut a bicyclist off, pass a bicyclist unsafely, or pull out in front of a bicyclist. Many drivers ignore the safety and well-being of cyclists and feel they should no be on the road and thus sometimes act hostile towards bicyclists.

Missouri Statute § 307.188 - Rights and duties of bicycle and motorized bicycle riders: ?Every person riding a bicycle or motorized bicycle upon a street or highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle as provided by chapter 304, RSMo[.]?

Missouri State Statute § 304.678-"Distance to be maintained when overtaking a bicycle - The operator of a motor vehicle overtaking a bicycle proceeding in the same direction on the roadway, as defined in section 300.010, RSMo, shall leave a safe distance when passing the bicycle, and shall maintain clearance until safely past the overtaken bicycle."

As many drivers feel about cyclists, so do injury lawyers and insurance adjusters. I was hired to represent Mike after his local lawyer secured a settlement for his medical bills only and did not want to pursue it any further. Insurance adjusters need to be convinced that a cyclist's case is just as worthy as if they were in a car and were cut off. Legally, the liability is no different, however the prejudice against cyclists as a nuisance on the road is ever present and must be overcome by aggressive legal representation of your injury claim.

Missouri Bike Accident and Injury Lawyer Reference - Petition for Collision caused by the Right Hook or Failure to Yield

Full post as published by Missouri Injury Law Blog on January 03, 2008 (boomark / email).