AUSTIN, Texas — A bicycle accident lawyer is asking a federal judge to overturn a law that he says is overly broad and discriminatory against bicyclists.
David A. O’Connell filed his lawsuit on Tuesday against the American Bar Association, the Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration in federal court in Austin, Texas.
In his complaint, O’Donnell claims the American Association of Law Planners, the National Association of Trial Attorneys and the United States Patent and Trademark Office have overstepped their bounds when it comes to the rights of bicyclists to sue in court.
“Bicyclists are protected by the First Amendment of the United State Constitution,” he said.
“Bicycles are the primary mode of transportation for millions of Americans, and the federal government is supposed to protect them from harm.
The only way for bicyclists who live and work in Texas to have their claims heard in court is to seek injunctive relief and obtain legal representation in the courts.”
Bicycle Accident LawyerDavid O’Brien is the founder and CEO of the American Law Plohan Center at the University of Texas at Austin.
He has been a lawyer for more than 20 years, and is an expert witness in bicyclist rights and the laws that govern bicycle use and collision.
O’Brien’s complaint is based on the fact that a bicyclist cannot use the streets of Texas without a special permit.
Under current law, the only place a bicyclists can legally ride is the streets.
“Under current law and existing statutes, the bicyclist can ride anywhere within the State of Texas,” the complaint states.
“But, under the current law [Texas] does not have a separate bike lane or designated bicycle path.
Instead, a bicyclicenter can use any of the state’s three designated bicycle paths designated by the Texas Department of Transportation.”
O’Connell said that the new law creates a new class of bicyclist.
He added that the law creates an unnecessary and discriminatory barrier for bicyclist to obtain legal aid in court and to use public sidewalks or public transit, including sidewalks designated by a city or other governmental entity.
Oleg Lasker, the attorney representing O’Connor, said the new legislation is unnecessary and unconstitutional.
He said the law has not been used in the past and has not prevented bicyclists from riding on sidewalks, streets or any other public spaces.
The American Bar has not yet filed a response to the lawsuit.
The National Association for Trial Attaches has not filed a statement in response to O’Connor’s lawsuit.OConnell, who is from San Francisco, is an experienced litigator who has represented individuals with bicycle-related injuries, including motorcycle accidents, car crashes and pedestrian deaths.
He was also a partner at the law firm of O’Dell & Company.