Bicyclist on I-5 Creates Serious Risk of Car Accidents

January 25, 2012:  As a personal injury attorney, my knee-jerk reaction when I hear of a bicycle-car accident is often that the car driver must have been at fault.  In my mind, I know that’s not always true, but that tends to be my initial, default reaction.  So I was taken aback when I learned of yesterday’s incident where drivers on southbound I-5 through downtown Seattle spotted a bicyclist riding in the very narrow margin between the HOV and the jersey barrier.  It appears to be a couple of feet wide, if that much. 

Now, riding a bicycle on the freeway is illegal.  Even punishable by imprisonment.  But riding one on I-5 through downtown Seattle, next to the carpool lane, is, in my view, insane!  But police say there’s a “ghost rider” who’s been doing it for years, and so far has eluded capture.  Mind you, he doesn’t do it regularly—just once in a while.  And, by the time police have been alerted and show up, he has managed to disappear.  A video yesterday showed him actually going over the jersey barrier with his bike, and disappearing below, moments before a patrol car drove by.

It doesn’t take much reflection to realize that this bicyclist is not only putting himself in jeopardy, but is also creating a huge risk of causing a car accident.  Somebody who swerves to avoid him may get smacked by another car, or worse.  So who would be at fault?  No doubt, the bicyclist, though he would probably disappear again.  It would be a twist on the classic “phantom vehicle” accident, where someone swerves or brakes to avoid another car, and causes an accident.  But the phantom driver goes on, often unaware of the car accident he just caused.

If you’re involved in a phantom car accident, you need to report it to the police, and to your insurance company, with as much information about that car as you have.  (“Small white car” isn’t very helpful, but it may be all you have.)  But if it’s the rogue bicyclist on I-5, just maybe the police will eventually catch him.  At least now, after yesterday’s incident hit the news, people will be more inclined to believe you.

Whether your car accident was caused by a phantom vehicle or something else, you need to consult with a personal injury lawyer.  Most give a free initial consultation, so you have nothing to lose in having a car accident attorney review your case and discuss your rights and give you pointers on what you should be doing.