Bicycle Accident

A recent editorial published in the Orlando Sentinel caught the eye of Orlando personal injury attorney James O. Cunningham recently and resonated so strongly in him that he wanted to share it with his readers. The editorial was written by a local bicyclist named David Moran, who was inspired to craft his opinion after a recent well-publicized bicycle accident where a bicyclist was struck and killed by a fire truck. An excerpt from Mr. Moran’s editorial included the following:

Sadly, I have been honked at, run off the road, and even hit by a car on my bike. Drivers don’t realize they are supposed to share the road. Until I started bicycling, I was pretty ignorant to this as well, and used to get very frustrated with people biking on the road when I drove.

I was taking the bus home from the University of Central Florida that night on Link 13, which goes by the emergency room, and we had to go a different route because of the accident. The news really hit home with me.

I travel to work and grad school at UCF via LYNX, biking and walking. Every day I fear for my life because people see nondrivers as an inconvenience who are in the way. I have had many close calls because everyone is in such a rush. I sometimes just want to yell, “Slow the heck down!”

When I was hit by a car on my bike, the woman got out of her car and, before even talking to me, she inspected her car for damage. She did not apologize, and told me that I should have not been in the road. Unfortunately, the stretch of Corrine and Virginia drive that goes through Audubon Park does not have a bike path, so I have to bike in the street with cars. I called the police to report the incident, but they were occupied with other emergencies; after waiting 45 minutes, I gave up and proceeded to an appointment for which the accident had made me late.

The driver didn’t understand that she was supposed to share the road, and when she tried to pass me her passenger-side mirror hit me.

It amazed me how she lost her sense of humanity behind the wheel. She forgot my flesh and bones on a little bike was no match for her mass of metal, glass and rubber. That is the sad part about suburbia — everyone is isolated and disconnected. We hide from the world and each other through our cars denying us a true sense of community. When I ride the bus or walk or bike, I am amongst people. I see suffering. I see people who are different from me and it keeps me in tune with reality. The automobile-centric, social nature of sprawling cities like Orlando encourages apathy and avoidance.

The Bible story of the Good Samaritan comes to mind when I think about the current situation of our country and the disconnect between the haves and have-nots. It seems like everyone is crossing to the other side of the road and passing people by or tragically running right over them in some cases.
This has to change or we will continue to have tragedies such as this accident. Central Floridians need to be more mindful of pedestrian and bicyclist rights.

Local government also needs to stop making it so convenient for cars to rule the roost and get away with it. Going without a car in Orlando should not be the poor person’s plight; it should be a lifestyle that is supported and celebrated. Especially with the coming of SunRail, we need to challenge ourselves as a community to drive less and value other alternative modes of transportation more.

More bus routes, fewer parking lots. More biking trails, fewer strip malls. More crosswalks, fewer lane expansions. More late-night, public transportation alternatives, less drinking and driving. More carpooling, lower gas costs. More commuter rail, less of a carbon footprint. More community, fewer distracted, disconnected drivers.

Instead of allowing cars to define us, and roads to divide us, I hope we can strive for a new sense of connectedness that makes Orlando a safe and humane place to commute for everyone, not just some of us.

James O. Cunningham would like to thank Mr. Moran for making his case so eloquently and reminding drivers about operating their vehicles in a safe and conscientious manner. Sadly, there are too many drivers on Florida roadways who don’t put safety above all other considerations, and this is exemplified by our awful pedestrian and bicycle accident rates. If you have been struck by a vehicle while walking or biking and would like to speak with an Orlando personal injury lawyer, call Mr. Cunningham today at 888-425-2004 or 407-425-2000 to schedule a free consultation.

An Orange County crossing guard was struck by a car and injured one recent morning while on the job at 39th Street and Orange Blossom Trail. Florida Highway Patrol officers investigating the incident say that the accident occurred on the morning of October 25 when the 60-year-old crossing guard was struck and injured by a car driven by a 24-year-old Orlando man who was making a left turn onto Orange Blossom Trail. Officers say children were crossing the street when the accident occurred, and witnesses say that when the woman saw the car heading toward the crosswalk, she put up her hands to protect the children. She fell to the pavement after impact and was taken to Orlando Regional Medical Center for treatment for undisclosed injuries. Charges are pending against the driver of the car.

Orlando personal injury lawyer James O. Cunningham would like to remind Central Florida drivers to exercise extra care while driving in and near school zones. As you know, our area is the country’s most dangerous place for pedestrians and bicycle riders, and Orlando pedestrian accidents continue to change the lives of victims and their friends and family members nearly every day. Mr. Cunningham has some very simple tips that can help area drivers lower the number of bike and pedestrian accidents in our area:

• Slow down
  Many pedestrian accidents are caused by drivers who speed. The extra seconds that drivers think they need to get to their destination as quickly as possible are trivial and hardly worth endangering anyone who might be walking or biking along the road.
• Hang up and drive
  Florida may not have a cell phone ban for drivers, but that doesn’t mean that drivers should talk and/or text while behind the wheel. It’s dangerous, reckless, negligent and a recipe for tragedy. Please hang up and focus your attention on the safe operation of your vehicle.
• Leave early
  Leaving just five minutes earlier on your way to work or another destination will give you all the extra time you need to get there on time. We tell ourselves that we’re busy and that there aren’t enough hours in the day, but there are. Do everyone a favor, and leave a bit early to make our roads safer.
• Share the road
  Streets and highways in the Orlando area may be built for automobiles, but bicyclists have just as much right to the road as drivers do. Also, pedestrians crossing the road at marked crosswalks have the right of way and just as much right to use the road as drivers do.

If you or a member of your family has been struck and injured by an automobile while walking or bicycling, you may be entitled to compensation. For more information about your legal options and Florida laws, call Orlando personal injury attorney James O. Cunningham today at 888-425-2004 or 407-425-2000 to schedule a free consultation.

Accident investigators looking into a fatal hit-and-run bicycle accident that occurred early in the morning of August 28 say that the victim’s body had been lying on the shoulder of Monroe Road for nearly two hours before it was found. Florida Highway Patrol officials say the 36-year-old victim rode his bicycle on Highway 17-92 for 14 miles in each direction nearly every day on his way to and from work. FHP troopers said that the owner of a pickup truck that struck and killed the bicyclist had turned the vehicle over to the Seminole County Sheriff’s Office sometime later that afternoon. No charges have been filed against the 54-year-old truck owner in connection with the accident, but troopers called the man a “person of interest” in the case.

Troopers also said that when they tried to interview the man about the accident, he requested an attorney. Accident investigators say the victim had stopped at a convenience store and was on his way home, riding his bike in southbound lane of Monroe Road near U.S. Highway 17-92 in Sanford when he was struck and fatally injured. A FHP spokesperson said the pickup was also traveling southbound in the same lane when the bicyclist was struck and killed. His body was found around 2:12 a.m. by a Road Ranger, one of the drivers who patrol high-traffic roads to help disabled motorists and accident victims. The accident investigation is still underway, and anyone who may have witnessed the accident or has any information is asked to contact Cpl. Mark Kuczynski at the DeLand FHP station at 386-736-5350 ext. 303.

Tragic accidents involving motor vehicles and bicyclists happen far too often in Florida, and the majority of cases involve a driver engaging in one or more kinds of negligent behavior such as the following:

• Drinking and driving
• Driving under the influence of drugs
• Talking or texting on a cell phone while behind the wheel
• Speeding
• Driving too fast for conditions
• Deliberately trying to intimidate the bicyclist with his or her vehicle
• Disobeying a traffic signal
• Other negligent behavior that puts bicyclists, pedestrians and everyone else on the road at risk for serious injury

If you are a bicyclist who has been struck and injured by a negligent driver, you may be entitled to receive damages to compensate you for medical expenses, lost wages and pain and suffering and other costs. If you would like to speak with an Orlando personal injury lawyer to learn more about your rights and legal options, call James O. Cunningham today at 888-425-2004 or 407-425-2000 to schedule a free consultation.

Bike riders in Florida and Orlando personal injury lawyer James O. Cunningham know very well that our state is the most dangerous for bicyclists. According to the National Highway Traffic Safety Administration, 107 riders were killed in bicycle accidents in 2009, and our state ranks first in the nation for total numbers of bicycle accidents and numbers of people injured and killed year after year. This knowledge may inspire riders to ride on sidewalks rather than streets and highways, but a study conducted in California a few years ago found that riding on sidewalks is actually more dangerous than riding on streets and highways is!
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A Brevard County man charged in connection with a hit-and-run bicycle accident that seriously injured a seven-year-old boy riding his bicycle was arrested and taken into custody recently. Investigating officers say the boy was riding his bike near the intersection of Alma Boulevard and George Edwards Court on Thursday, May 26 when he tried to cross the road. Police say a Ford Ranger driven by the 41-year-old Brevard County man struck the boy and that the driver then fled the scene of the accident. Orlando personal injury attorney James O. Cunningham would like to remind readers that in the event of an accident, especially a hit-and-run accident, it is everyone’s responsibility to write down a description of the vehicle and driver and report the accident to police as soon as possible.
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A Florida law passed a few years ago to help protect bicyclists from becoming bicycle accident victims has received little publicity or enforcement from state and local police according to recent findings. Five years ago, state lawmakers passed a law that requires motorists to maintain at least three feet of space when passing a bicyclist. Since then, only a few hundred drivers have received tickets for violating this law, and most had no idea that such a law was on the books. Orlando personal injury lawyer James O. Cunningham would like to remind his readers to give riders even more room than the required three feet when passing them to reduce bicycle accidents and make roadways safer for everyone.
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Orlando personal injury lawyer James O. Cunningham knows that more and more people are biking instead of driving to get around the area. With gas prices around $4 per gallon and prices projected to reach up to $5 per gallon sometime this summer, we can expect to see even more people choosing two rather than four wheels to get around. As more bicyclists compete with motorized vehicles on area roadways, Mr. Cunningham would like to remind riders about some safety tips to keep biking safe and fun for everyone. To that end, here are some things to keep in mind while you’re out biking in the coming months and years.
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Law enforcement officials are looking for a green Nissan pickup truck that witnesses saw flee the scene of a bicycle accident that sent a five-year-old boy to the hospital with critical injuries. Bradenton Police say the accident occurred around 7:30 on the evening of March 12 in the 2200 block of Fifth Avenue Drive East. Lt. Bryan Fowler of the Bradenton Police Department said, “The boy was riding his bike in the road when the pickup heading southbound on 22nd Street hit him.” Anyone who witnessed or knows anything about the accident is requested to call the Bradenton Police Department 941-932-9301 or call Crime Stoppers at 866-634-8477.
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Concerned Floridians have erected a small white sign by the side of a busy highway to remind motorists that their actions have real life and death consequences. The sign reads, “Motorists: Stop killing bicyclists.” It was placed near the spot where a popular veterinarian and avid bicyclist was struck and killed on February 20 in a fatal hit-and-run bicycle accident. Accident investigators say the victim was riding his bike in the bike lane on Fletcher Avenue that Sunday afternoon when witnesses say he was struck and killed by a black Ford traveling at a high rate of speed. Some witnesses believe that the Ford was racing with another vehicle when the accident occurred.
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The recent deaths of a bicyclist and pedestrian have prompted Atlantic Beach officials to request a $97,000 grant to make it safer for Floridians to bike and walk in the city. If the Florida Department of Transportation grants the request, the funds would be used to hire an additional police officer, provide education programs, make areas with heavy bicycle traffic safer and fund an engineering study for recommendations on how to make the city safer for pedestrians and bike enthusiasts. Orlando personal injury lawyer James O. Cunningham is watching developments in this request closely, hopeful that it will be granted and that other Florida cities will take proactive steps to protect bicyclists and pedestrians.
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