Conference noted::bicycle

1795.0. "Two attorneys who aren't just spinning their wheels" by BOGUSS::BARNES () Wed Dec 05 1990 12:30

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By SUSAN SLUSSER McClatchy News Service
	  SACRAMENTO - Gary Brustin is a lucky man.  He has
	managed to combine his hobby, cycling, with his job
	as an attorney.
	  "I've been a cyclist for 25 years, and I've been hit
	twice myself," Brustin, 41, said.  "This is something
	I enjoy doing.  I have a lot of job satisfaction.  It's
	an absolute pleasure."
	  In an increasingly litigious society - and one in
	which more people than ever are cycling - it's not
	surprising that now there are lawyers who specialize in
	cycling-related cases.
	  "When I took up cycling, I heard a lot of people say
	that their lawyer doesn't really understand cycling,"
	said Richard Forcier, an attorney in Tucson, Ariz.,
	who handles about 30 cycling cases per year.  "There
	are some liability concerns with cycling, and it helps
	to have some understanding of riding techniques."
	  So, like Brustin, Forcier blended his interest with his
	career.
	  "It's great," he said.  "If my clients come in and I'm
	wearing lycra shorts, they think it's neat.  We start off
	talking about the case and always wind up spending half
	time just talking about cycling."
	  Brustin probably is the busiest cyclist legal representative
	on the West Coast, with main offices in Beverly Hills and
	San Francisco and smaller offices in other cities, including
	Sacramento.  He began taking clients about five years ago
	and now handles 100 or so cases a year.
	  The most common proceedings involve a vehicle turning
	left in front of a rider.
	  "That's 50 percent of all cases," he said.  "And drivers
	always say, `I didn't see the cyclist,` or `I didn't
	realize the cyclist was going so fast,` or `I thought bikes
	are supposed to be on the sidewalk.`  So your're talking
	about an invisible, fast-moving object that people think
	shouldn't be on the road."
	  However, Brustin has had success, selldom losing cases in
	the past few years.  " you have to pick and choose your cases
	pretty carefully," he said.  "And 85 percent of cases settle
	before they go to court."
	  Forcier says he's had about 25 percent of his cases go to
	trial.
	  "Cyclists considering litigation should remember that more
	cases are tried than settled when compared to automobile
	accident cases," he said.  "And given the severity of the
	injury - say, a broken collarbone - the amount awarded is
	going to be less than an automobile accident.
	  "The reason for that is that insurance companies capitalize
	on the prejudice against cyclist.  Juries think, `I don't
	think they should be on the same road with cars.  It's dangerous.`
	Many people see bikes as things that kids ride to grade school."
	  That said, both lawyers encourage cyclists to consult an
	attorney if they feel lthey have a case.  Personal injury
	lawyers, including cycling specialists, work on contingency
	fee and offer free consultations.
	  The most important things to consider if you're in an accident,
	according to Forcier, are to line up witnesses and document
	any injuries.
	  "Make out a police report, and if you're hurt, tell the
	police officer," he said.  "Cyclists are used to pain; I've
	seen riders with torn ligaments ride home and just not report
	that they're injured because they just didn't realize the extent
	of the damage."
	  Cycling litigation doesn't involve just bicycle or automobile
	accidents.  Brustin and Forcier have been involved with suits
	against manufacturers for faulty equipment and even cases where
	cyclists rode into stationary objects.
	  "I had one case where a van with a special permit to park in
	a bike lane was parked on the lane in a shady spot under a tree
	and didn't have a marking cone behind it," Brustin said.  "A
	cyclist rode right into the back of the van, and I mean ritht
	into the van, and suffered serious injuries."
	  The strangest case Brustin's had, he said, involved a motorist
	driving along the coast in Palos Verdes who became so annoyed
	at a cyclist on the road that he came back around and had his
	passenger open his door to try to sweep the rider off the
	road.
	  Brustin and Forcier are involved in the cycling community,
	sponsoring teams and giving talks.  Brustin sponsored a rider
	in the Race Across America and often donates helmets to
	groups and holds safety seminars.
	  Said Brustin, "We both feel that if yu are cyclist and you
	work in the field, that you should put something back into
	the community."