Alabama Personal Injury Blog - dangerous

Burn Safely This Fall

Pete Mackey — Mon, 09 Nov 2009 11:17:04 GMT

Fire is an alluring medium. Kids love it - so do adults. Watching kindling slowly take flame is like watching magic. The Fall means leaf and trash burning in back yards all across the country.

While everyone knows to watch kids around fire, there's a hidden danger that many folks are unaware of - chances are the gas can in your garage does not have a flame arrester installed in the spout. A flame arrester is a small ball or pane of wire mesh material that fits in the spout of the gas can. It lets the fuel flow out, but lowers the temperature below the flash point for the vapors in the can, which prevents explosions.. These arresters cost less than a dollar to install.

Still, you ask, why would anyone put themselves in that situation in the first place? Well, consider the following scenario and see if it rings any bells. You have been working around the yard all day. The weather is crisp and cool and dusk approaches. You had been burning leaves and tree limbs, but the fire went out an hour ago. Your son wants to start a fire and the idea of the warmth it will provide sounds good to you. So you decide to pour some gas on the pile, not realizing that there are still some smoldering embers ... That is the recipe for an explosion.

A few tips to remember:

- When you buy a gas can, buy one with an installed flame arrester.
- Never use gasoline as an accellerant. There are many safer alternatives.
- Make sure that your burn area is clear (overhead, as well) of flammable debris.
- Use an enclosed space (like a 55 gallon drum) instead of a pile. Cover the top of the space with a heavy mesh cover to keep sparks in.
- Don't burn on windy days.
- Keep the water hose handy.
- Never burn aerosol cans.
- If children have access to the burn area (and they probably will), make sure that they understand the danger present and then assume that they will not follow your instructions.

Originally posted at InjuryBoard by Pete Mackey

Dogs not on a leash or in a Yard can be dangerous to cyclists, motorists and pedistrians

Danny Feldman — Mon, 10 Aug 2009 08:46:55 GMT

Dogs that are allowed to run wild often pose dangers to motorists, pedestrians and cyclists. Many municipalities in Alabama have leash laws which basically define a dog as "vicious" if its out of its yard or off a leash. An owner, or a person who exercises control of the dog, is responsible for whatever harm the dog may cause.

Why is this law? Why should dogs not be allowed to roam freely? Simple - because it’s not safe for the public. Forgetting for a moment dogs that are (at least in the eyes of the law) considered "inherently vicious," like Dobermans and Pit bulls etc., any dog that comes charging out into the road in front of a motorist or cyclist poses serious dangers. While this is especially true as regards cyclist, who can be very seriously injured if they are thrown from their bike, it also is true for motorists, who often instinctively swerve to avoid a dog. Obviously, this sudden swerving can lead to the motorist losing control of her vehicle and crashing, hitting another car or worse yet, hitting a pedestrian.

Given the technology available with invisible fences, its frankly irresponsible for dog owners to allow their dogs to put other people, who are doing absolutely nothing other than using the public roadways for their intended purpose, in danger. I presently am representing a cyclist who already has had 3 surgeries, and will need another, after she crashed when a dog chased her and got tangled up in her wheel. Incidents like this could be avoided if people would simply take some responsibility for their pets.

Originally posted at InjuryBoard by Danny Feldman

Cyclists should not ride against traffic

Danny Feldman — Thu, 18 Jun 2009 09:28:00 GMT

This is the last of a 6-part series regarding annoying or dangerous cycling behaviors.

Many people, almost without exception, non-cyclists, wonder why cyclists do not ride against (or into) oncoming traffic - like most runners (correctly) run. Simply stated - it is unsafe.

First, cyclists are traffic. With very limited exceptions, cyclists have the same rights and responsibilities of motorists. Bicyclists riding against the traffic are not in the place where motorists expect them to be. Because riding against traffic places a cyclist in an area where motorists do not know to look, the obvious consequence is that the motorist will not expect the cyclist to be where it is, thus leading to wrecks. For example a car making a right hand turn may only look to the left, given that is the only direction that cars are expected to come. A bicycle headed into traffic thus would plow right into a car making a right hand turn.

Secondly, bicycles move fast relatively speaking - much. much faster than joggers, and in some parts of the roadway, may even push toward the speed limit. Accordingly, the distance between a car and an oncoming bicycle is reduced very quickly. For example a car travelling 40 mph approaching a bicyclist traveling 20 mph will be getting closer at the rate of 88 feet a second. In just a little over 3 second a distance off 100 yards (the length of a football field) will be gone.

Third, unlike runners, who are taught to run against traffic - cyclists cannot bail out off the road, as can runners.

Once someone gives the matter a little thought, it is absolutely clear why cyclists should not ride against traffic.

Originally posted at InjuryBoard by Danny Feldman

Six Dangerous or Annoying Riding Behaviors of Cyclists

Danny Feldman — Fri, 15 May 2009 14:47:33 GMT

I recently have completed a six part series on annoying and dangerous motorist behaviors and as promised, I now will start a six part series on the riding behaviors of cyclists that are annoying to motorists and dangerous to motorists and often even more so to cyclists. This is a non-exhaustive list, and with the exception of only two of the listed behaviors (#2 and #6) I regret to say that, at one time or another, I have been guilty of all the other listed behaviors.

Below are the six behaviors, each of which will be the focus of a separate blog:

1. Failing to stop at red lights or stop signs - the one thing that probably makes motorists the maddest;

2. Riding without a helmet - although not necessarily dangerous to motorists, it is so dangerous to cyclists that it had to make the list;

3.Riding without adequate lights or reflective devices - obviously this is applicable in early morning hours before the sun rises or dusk or later as the sun sets - just not a good idea for anyone not to be seen by drivers;

4.Riding more than two abreast or otherwise not getting in single file to allow cars to pass - probably the second most common complaint of motorists although, as will be discussed in more detail in the blog, it is not always safe for the cyclist to move as far to the right as "possible;"

5. Talking on the cell phone when riding - enough said; and

6. Riding against the traffic - many people, generally non-cyclists, think riding against the traffic is a good idea. It is not. It is unlawful and unsafe.

I will go into more detail regarding each of these cycling behaviors over the next couple of weeks.

Originally posted at InjuryBoard by Danny Feldman

Harrassing a cyclist is dangerous and unlawful

Danny Feldman — Thu, 07 May 2009 16:31:21 GMT

This is the 6th and last blog in a series of blogs concerning annoying and dangerous motorist behaviors. The last behavior that will be discussed is pure harassment. Obviously this is an intentional act by a motorist and depending on the exact type of harassment, it not only can be dangerous and annoying, it also can be against the law.

Harassment may take many forms ranging to yelling at cyclists (typically to "get off the road" or to "ride on the sidewalk or bike path”) to swerving at cyclists, to throwing objects at cyclists, to actually striking cyclists with vehicles. Although no one knows the reason for these types of behaviors, one can surmise that the motorist often is angry at the cyclist for having to share the road (and thus slow down) or that the motorist simply is having a bad day and needs to take it out on someone, or that the motorist thinks its funny to intimidate and harass from the protection of a vehicle. Whatever the cause, such conduct often ends up hurting the cyclist, and in the worst cases, can lead to tragic results, including death or injury to the cyclist and prison for the motorist.

Evens something as seemingly (relatively) harmless as throwing a small object at a cyclist or yelling at a cyclist can have tragic results if the cyclist, perhaps startled by a yell, crashes. Further, throwing an object out of a car traveling at a high rate of speed, which strikes a cyclist also traveling fast easily can cause the cyclist to lose control and crash. There was a case many, many years ago, actually involving a runner as opposed to a cyclist, in which a passing motorist (a high school student) thought it would be funny to intimidate a runner by waving a baseball bat out the window. Unfortunately, the bat struck the runner causing serious injuries and the motorist ending up spending some time in jail for assault and battery.

There really is no way for a cyclist to avoid this type of harassment. Certainly, one can hope that if this happens and a person is apprehended that law enforcement will treat the crime with the seriousness it deserves. My next series of blogs will be on dangerous and annoying cyclist behaviors.

Originally posted at InjuryBoard by Danny Feldman

Following too close behind a cyclist is dangerous

Danny Feldman — Thu, 23 Apr 2009 16:34:00 GMT

This is the fifth in a six part series on driving behaviors that are annoying or dangerous to bicyclists. Previously covered were "buzzing," the right hook, pulling out too close in front of the cyclist, and making a left hand turn too close in front of the cyclist. The next behavior is following too close behind a cyclist.

Unlike a car, a bicycle does not have brake lights. A cyclist slows by using his hands to squeeze the brakes. No lights come on indicating that a cyclist is braking. Accordingly, a driver that is following too closely behind will not automatically know a cyclist is slowing because no brake lights will come on indicating as much.

Oftentimes, this behavior is manifested when a cyclist is travelling downhill at a high rate of speed, often 30 or 40 miles per hour or more. Some vehicles for whatever reason, instead of leaving a 2 second gap (the distance the vehicle would travel in 2 seconds, i.e., at 40 mph, this would be 120 feet or about 6 car lengths) often will crowd the cyclist leaving only a car length or less. Because of perception/reaction time, which at a minimum most human factor specialists say is at least 1.5 seconds, there is no way that a driver could avoid hitting a cyclist if the cyclist unexpectedly went down at 40 mph with the driver less than a car length behind. Indeed, at that speed and distance, if the cyclist merely slowed the driver would have a very good chance of rear-ending the cyclist.

It's hard to know why some motorists feel it is necessary to be so close to the cyclist. Maybe the motorist wants to be ready to pass the cyclist, maybe the motorist wants to intimidate the cyclist, and maybe the motorist simply is unaware of how dangerous it is to travel so closely behind the cyclist. Any way you cut it though, this is an annoying and dangerous driving behavior.

Obviously, as a cyclist, you need to make every effort to let the motorist know your intention, by signaling your turns and indicating that you are slowing (usually by placing your left hand behind you with an open palm). Hopefully, the driver will know what you mean. Be careful not to make abrupt movements and although it’s probably a last resort, if you really think you are going to be run down, it’s probably not a bad idea to exit the road as soon as you safely can do so.

Originally posted at InjuryBoard by Danny Feldman

Other Driving Behaviors that are Dangerous to Cyclists

Danny Feldman — Thu, 16 Apr 2009 10:48:30 GMT

This blog is a continuing series of driving behaviors that are dangerous to cyclists. A driver turning or pulling out in front of a cyclist - often occurs because the driver simply does not realize how fast the cyclist is moving. Of course, there also may be an element of the driver not caring if the cyclist is close because obviously, given the fact that the driver is protected inside a much heavier and larger vehicle, it's the cyclist, not the driver, that is going to get hurt.

Typically, these situations occur when a cyclist has the right of way and the motorist pulls out from a stop at a side street. When the motorist makes a left hand turn in front of the cyclist, if a collision occurs, the cyclist may well end up flying over the vehicle and breaking a collarbone.

These situations also occur when the motorist is traveling in the opposite direction of the cyclist and makes a left hand turn in front of the cyclist. This can be extremely dangerous, especially if the cyclist is traveling downhill at a high rate of speed. At 40 mph, a speed that many cyclists can achieve while traveling even down a fairly moderate downhill grade, a cyclist is moving at just shy of 20 yards a second. Many times a motorist that pulls out simply does not realize how fast the bicycle is moving, and thus does not realize how dangerous the driving maneuver is.

Obviously, while on a bicycle it is appropriate for the cyclist to be dressed so that the motorist can see him, and further, the cyclist should always be looking down the road for motorists stopped at side streets and for motorists who appear to be slowing to make a left hand turn.

Originally posted at InjuryBoard by Danny Feldman

Quick Right Hand Turns in Front of Cyclists are Dangerous

Danny Feldman — Wed, 15 Apr 2009 15:04:00 GMT

This is another in a continuing series of blogs of annoying/dangerous motorist behaviors.

Overtaking a cyclist and then making a quick right hand turn in front of the cyclist, sometimes referred to as a "right-hook," is an annoying and dangerous motorist behavior. However, unlike the situation with "buzzing" it is not always an act intended to harass the cyclist.

Many times motorists do not appreciate how fast a cyclist is traveling. For instance, a cyclist, or group of cyclists, traveling at 25 mph are moving at the rate 36.67 feet/second. This is a very doable speed for a group of seasoned cyclists and for example, on Old Leeds Road, this may be in the typical range. Accordingly if a vehicle 200 yards away from an intersection and 100 yards behind the cyclists wants to make a right turn in front of the cyclists, then that vehicle is going to have to average better than 50 mph in order to even get even with the cyclists before the turn. What often happens is as the driver approaches the intersection and realizes that he/she will not be able to turn in front of the cyclists, the driver "floors it" in order to get around the cyclists. Of course, in order to make the right hand turn on four wheels, the driver has to brake very hard and turn right directly in front of the just passed oncoming cyclists. Obviously, the potential for the cyclist to strike the vehicle and be launched over it, often leading to a broken collarbone or dislocated shoulder is great. The wreck is caused by both the motorist's failure to appreciate just how fast the cyclists are moving and the motorist's decision to try and get around the cyclists, no matter what.

As a cyclist, when you see an intersection on your right coming up, its always a good idea to notice if there is any car fast approaching behind you, and of course, when you hear the engine revving so that the car can get around you, you best be ready to brake, or take other evasive action just in case the motorist makes the quick right turn in front of you.

Originally posted at InjuryBoard by Danny Feldman

Buzzing a Cyclist is Dangerous

Danny Feldman — Thu, 09 Apr 2009 16:28:39 GMT

This is a continuing blog regarding dangerous/annoying behaviors by motorists. Anyone who has done much bicycling has been "buzzed." In a nutshell, buzzing is a motorist driving too close to a cyclist. This behavior almost always is a deliberate decision made by the motorist and very often is accompanied by high speed. It seems that it often is an act of a driver that is fed up with having to share the road with a cyclist.

Cyclists have a right to the road, and although some motorists do not realize it, cyclists llegally are considered traffic, and thus not only have rights, but obligations as well. One of those obligations is to ride in the same direction as other traffic (cars and trucks). To ride against traffic, as some people inexplicably believe is what cyclists should do, would be extremely dangerous to the cyclist and motorist as bicycles would show up where motorists least expect them, ie. headed directly toward a car.

Of course, a cyclist going in the same direction as a motorist, as a general proposition, will be moving at a slower rate of speed than the motorist, meaning that the motorist will have to pass the cyclist. Its in these passing situations that some motorists feel the need to express the anger at having had to slow down for a few seconds and thus go blowing by a cyclist at 60 mph and 3 inches away. Obviously, the slightest mistake by the motorist (or the cyclist) may mean a dead or injured cyclist. Given that a motorist traveling at 60 mph is moving at a rate of 88 feet per second, almost 30 yards/second, even if the cyclist has a rear view mirror, the cyclist often will never even see the motorist approaching and will be completely unaware of the approaching vehicle until the car is inches away. If there is an imperfection in the road, causing the cyclist to move a few inches to the left, then a wreck will occur. Sometimes the motorist misjudges the distance and what was meant as a "buzz" becomes a wreck.

Some states, I believe Tennessee and Florida, are two such states require that passing motorists not come within 3 feet of a cyclist. I don't know how well or how often these laws are enforced, but given the tremendous harm that can occur when a buzz takes place, I do believe these laws are appropriate.

Mistakes on the road happen. What is so galling to cyclists is that the cyclist is the one that is going to get hurt and the motorist's behavior is intentional.

Originally posted at InjuryBoard by Danny Feldman

Dangerous Driving Habits That Can Result in Bicycle Accidents

Danny Feldman — Mon, 06 Apr 2009 12:01:56 GMT

Anyone who has done much cycling will recognize the behaviors described below. Over the next few weeks, I plan to blog in more detail about these behaviors that drivers engage in, sometimes deliberately, sometime not, but to the effect of putting cyclicts in danger of, very often, serious injury. Not to be one-sided, I then plan to blog on a series of dangerous/annoying cyclist's behaviors that have the effect of putting the cyclist in dangerous situations, and serve to annoy drivers. Motorist's behaviors that are annoying/dangerous include the following:

1. Buzzing - driving too close to a cyclist, often within mere inches at very high speed. This behavior typically is deliberate;

2. Right Hook - driver and cyclist traveling in same direction and driver passes and makes a right hand turn directly in front of the cyclist;

3. Turning or Pulling Out Too Close to Cyclist - Driver pulls out from stop sign or light when cyclist has the right of way or driver and cyclist traveling in opposite direction and driver makes a left turn directly in front of cyclist. Although these behaviors are often deliberate, many times motorsists do not realize how fast a bicycle is traveling, thus excerbating the problem;

4. Following too Close - this behavior often happens when a cyclist is traveling downhill at a fairly high speed of 30 - 40 mph and motorist follows behind a mere few feet away;

5. Harrassment - throwing stuff at cyclist; screaming at cyclist; swerving car toward cyclist etc. - always deliebarate; and,

6. Distracted Driver - typically involves driver talking or texting on a cell phone.

In my next series of blogs, I'll describe these behaviors in more detail and give examples of some of the negative outcomes of these behaviors, as well as provide a few thoughts on what can be done to address same.

Originally posted at InjuryBoard by Danny Feldman