We recently sat down with Matt Russell to talk to him about his 2017 bicycle accident during the Ironman Triathlon in Hawaii. Briefly, Matt collided with a van on the Queen Kaahumanu Highway at the intersection of Waikoloa Road. “This rider, he could do nothing,” one eyewitness said. “These riders need to have a clear path and that intersection was not clear.”
Fellow triathlete Jesse Thomas, who was riding just behind Matt, saw everything as well. “He went straight into the side of it at nearly full speed. Super loud crash, looked like bike parts shattering, etc. I swerved to the left and cut behind the van by a couple of feet tops and saw Matt on the ground motionless as I went by. I sat up for a bit trying to decide what if anything I could do and realized there wasn’t anything I could do and he was surrounded by probably a hundred or more people spectating. So I tried to relax and keep going but I was pretty shaken, obviously just putting myself in his shoes. He just had a kid as well so my heart just goes out to him. Terrible deal. I hope he’s ok.”
Matt wasn’t “ok.” In fact, things were very touch and go for a while, and Matt went through extensive physical therapy after the accident. But he bounced back. In fact, the next year, he finished sixth in this same race.
In case you’re wondering, or even if you’re not wondering, the LC in the blog title refers to legal commentary. Alas, Matt’s injury incident is far from unique. Similar tragedies happen almost every day, especially in the Empire State. There are some lessons in Matt’s story that a New York personal injury attorney can apply to other cases as well.
Q: What were the events leading up to the crash?
A: I’m not exactly sure. During the race, riders are supposed to stay in a designated lane. There are normally traffic cones and whatever to mark the lane. Also, crossing guards at intersections make drivers wait until it’s safe to cross the highway or merge into traffic and whatever.
At that intersection, I remember seeing a crossing guard letting a truck go onto the highway right in front of me. I guess maybe he had been sitting waiting for a long time or whatever. The truck wasn’t the problem. A van tailgated the truck onto the highway. The crossing guard was waving like crazy at the van. I couldn’t tell if the guard was trying to stop the van or trying to wave him through faster. It all happened so quickly I just don’t know.
LC: Determining responsibility for a wreck is the most important, and often the most time consuming, component of the pre-litigation process. Matt’s wreck, like so many others, has multiple layers.
Normally, if Driver A broadsides Driver B without effectively braking, Driver A is clearly at fault. According to Jesse, that’s what happened in this wreck. However, if drivers slam on the brakes in cars and trucks, these vehicles stop. If bicyclists slam on the brakes, the wheels lock and riders lose control of their bikes. So, Matt couldn’t do anything to avoid this wreck.
Additionally, the driver might not have been financially responsible for damages in this case. Most likely, the race was responsible. The crossing guard, who was a race employee, was negligent. Apparently, the guard failed to properly control the flow of traffic.
Q: What happened when that van hit you?
A: To be honest, I really don’t know. I remember the moments leading up to the crash. But like I said, I don’t remember them too well because everything happened so fast and I was so focused on the race and whatever. Then, I remember waking up in the hospital and they said I was in an accident. Over the next few minutes, some details came back. But I still don’t remember hitting the van, falling off my bike, hitting the ground, or anything like that.
LC: For one reason or another, the victim’s testimony is often unavailable in the car crash claims we handle. This unavailability profoundly affects the victim/plaintiff’s case. Usually, jurors expect to hear from the victim. Additionally, if the victim couldn’t give a statement to police officers, the police accident report is woefully incomplete.
When we deal with lack-of-evidence wreck claims, we basically have two options. We can throw up our hands and take the insurance company’s paltry settlement offer, or we can dig deeper and find more evidence.
At Matt’s Ironman wreck, dozens of witnesses were at the scene. Likewise, a New York wreck usually has dozens of witnesses. We often partner with private investigators to locate these witnesses and obtain their statements.
Video surveillance evidence is often important as well. Pretty much everywhere you look, there’s at least one camera. Even if a camera only caught part of the wreck on tape, a picture really is worth a thousand words.
Q: Do you wish you had a lawyer during this process?
A: At the time, I didn’t think it was necessary. The race’s insurance policy covered most of my medical bills, and a friend of ours, Christen Dybenko, raised some money as well. But after the wreck, things were a little tough financially. I also thought about the people who gave us money. I mean, that was incredibly generous. But I felt bad that we had to depend on that money and whatever. So in the end, yeah, I wish I had a lawyer to help us more.
LC: Believe it or not, I didn’t prompt Matt to say those things. But I really couldn’t have put things better myself. I would add that most insurance companies don’t treat car crash victims nearly as well as the Ironman insurance company treated Matt and his family.
Basically, Ironman racers are insurance company customers. These racers usually pay about a $900 entry fee. Much of that money goes toward insurance premiums. But in most cases, that’s not true. Paying claims to non-policyholders is an unnecessary cost.
If you were hurt in a bicycle or other wreck, contact the experienced New York personal injury attorneys at the Pianko Law Group, PLLC for a free consultation.