BicycleLaw.com Updates for July 19, 2014

News:

Police Use High-Tech Lures to Reel in Bike Thieves
The New York Times: Police Use High-Tech Lures to Reel in Bike Thieves By MATT RICHTEL

MAY 27, 2014 SAN...
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An Unavoidable Tragedy

(a satire) By Rick Bernardi


EVERYTOWN- A cyclist was killed today when he collided with a vehicle on Main Street. According to Everytown Police Sgt. Ben Dover, the cyclist and the driver of the vehicle were both traveling in the same direction on Main Street. As the driver was attempting to pass the cyclist, the cyclist’s handlebar clipped the front fender of the passing vehicle, causing the cyclist to lose control of his bike. The cyclist smashed into the vehicle, causing extensive damage to the right front fender and windshield. The cyclist was killed instantly on impact. The cause of death was believed to be massive internal injuries. Sgt. Dover noted that the cyclist was not wearing a helmet.

Because the cyclist was only traveling at the speed limit, police believe that the cyclist’s low speed was a factor in this tragic accident. Police also said that, based on what the driver of the vehicle told them, they believe that the cyclist may have veered one or two inches off course just before the accident, and because of this, the driver was unable to take evasive action to avoid this tragedy.

The driver, who remained at the scene, was heard to be grieving over the incident. “Dang cyclist shoulda been wearing a helmet if he was going to ride that close to me,” the grief-stricken motorist said. “Just look at the damage to my car! Who’s going to pay for this? These cyclists think they own the road, but none of them have insurance or a driver’s license!”

“Of course, the driver is terribly distraught,” Sgt. Dover explained. “He will have to live with this for the rest of his life. Cyclists really need to be careful to obey the traffic laws. Just last year, we had another terrible tragedy when a cyclist took a drink of water from his water bottle and got sucked under a passing truck.”

Although they didn’t witness this completely unavoidable accident, bystanders agreed. “These bikers don’t seem to know what a stop sign is,” said one bystander. “They think the law doesn’t apply to them.” Dudley Wright, owner of the Wheel Fast Bikes Shop agreed, saying, “Of course, cyclists need to obey the traffic laws too.”

Police said the investigation is continuing, but charges will not be filed.

 

******

 

(This article is satire. But the "windshield perspective" expressed by the media, the police, the driver, and the bystanders in this article is very real. In fact, the links in this article are all links to real incidents, each of them as outrageous as this article. And two of the links were the inspiration for this article. Although this article is satire, we will continue to see similar incidents and attitudes in the real world, as long as "the windshield perspective" continues to be the dominant worldview in our society. The only way to change this dominant worldview is to challenge its assumptions and biases whenever we encounter them.)

Bike Law - Bicycle Accident Lawyer

The Bike Law Interview: Jackie Carmichael, Bike Law Utah, On Bicycle Friendly Utah

The Bike Law Interview: Jackie Carmichael, Bike Law Utah, On Bicycle Friendly Utah

By Bob Mionske

When the League of American Bicyclists released its annual rankings for Bicycle Friendly States this year, there was some shuffling among the states, as there always is, with some states gaining ground this year, and other states losing ground (my state, Oregon, fell from 3rd place to 5th ). The standout is Washington, which has held onto its first place ranking every single year, since the League released its first state ranking in 2008.

One of the big success stories happened in a state that may not come to mind right away as a particularly bicycle-friendly state. This year, for the first time, Utah broke into the top-ten states, with an 8th-place ranking. To understand just how much Utah has achieved, consider this: just three years ago, Utah was ranked at 31st place.

Clearly, Utah has done something right. To find out more about this remarkable turnaround, I talked with Utah bicycle accident lawyer Jackie Carmichael.

Jackie Carmichael

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FUBAR in OC

By Rick Bernardi, J.D.

Road rage is nothing new to cyclists. Sooner or later, every cyclist will be accosted by some driver who is focused on dishing out some abuse, when he (or she) should be focused on safely operating their vehicle. And when the vehicle itself is the violent driver’s weapon of choice, safely operating the vehicle is the exact opposite of what the driver has in mind.

Most drivers aren’t hostile, and many are even courteous and friendly. But still, some drivers are extremely hostile, and they will go out of their way to express their hostility, and even endanger our lives. It’s common enough that, as bicycle accident lawyer Bob Mionske reports, many cyclists are now riding with video equipment.

Now, just to be clear, we aren’t talking about drivers who are feeling a little annoyed because they saw some cyclist break a law. We’re talking about drivers who become angry simply because of a cyclist’s presence on the road—and then acting on that anger. These are the drivers who decide to take the law into their own hands and do something about that cyclist on the road. Never mind that the cyclist is obeying the law. These violent drivers don’t care about that. Never mind that the cyclist has a right to be on the road (and may even be prohibited by law from riding anywhere but the road). These violent drivers don’t care what the law says. They think the law is wrong, and they are willing to take the law into their own hands to enforce their own warped ideas about what the law should be.

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The Bike Law Interview: Bryan Waldman, Bike Law Michigan: Bicycle Law on the Michigan Driver's Exam?

The Bike Law Interview: Bryan Waldman, Bike Law Michigan, On Bringing Bicycle Law to the Michigan Driver’s Exam

By Bob Mionske

Michigan has long been the epicenter of the American automobile industry. Although the automobile wasn’t invented there, and American automobile makers actually began manufacturing in other states (Duryea in Springfield Massachusetts in 1893, and Studebaker in South Bend, Indiana in 1902), it was in Michigan that the American industry firmly took root, beginning with Ransom Olds pioneering the use of assembly line technology in automobile manufacturing at his Oldsmobile factory in Lansing, Michigan (established in 1897).

In 1903, Henry Ford established the Ford Motor Company (actually his third automobile company, after his first and second companies failed) in Dearborn, Michigan. But it was in 1914, when Ford significantly expanded upon the assembly line concept and other introduced other innovations, including vertical integration, and “Fordism,” that he was able to bring the price of an automobile within the reach of the middle class. Once Ford had achieved that breakthrough, sales and production took off, and the American automobile industry, centered in Michigan, became a titan of American manufacturing ... and American roads.

But although Henry Ford’s name is synonymous with the automobile, less well-known is his other passion—bicycles.


Henry Ford, Detroit, Michigan, 1893

The American bicycle industry had taken hold elsewhere—with Albert Pope manufacturing Columbias in Hartford, Connecticut (1878), and Adolph Schoeninger manufacturing Crescents (1889) and Ignaz Schwinn manufacturing Schwinns (1895) in Chicago, Illinois. Albert Pope was a pioneer in the use of mass-production, vertical integration, and standardized parts for manufacturing bicycles; later, Adolph Schoeninger expanded upon Pope’s concepts with the use stamped parts in manufacturing. Henry Ford, a bicyclist, machinist, and Detroit, Michigan native, successfully adopted these same concepts in manufacturing his automobiles.

But the Michigan story doesn’t end there. Today, bicycling is making a comeback around the world. In the United States, bicycling tripled in some cities between 1990 and 2009—and Michigan is experiencing that wave of interest as much as the rest of the country. While the American automobile industry is still centered in Detroit, new bicycle manufacturers are also setting up shop in Detroit and Grand Rapids, taking advantage of the state’s deep and innovative reservoir of engineering talent.

And there’s more. Detroit, a symbol of urban decline for the last 50 years, culminating in bankruptcy in December of 2013, is also a symbol of the potential for a sustainable urban rebirth and visions of a new bicycle utopia

That renewed interest in cycling isn’t limited to Detroit. In 2008, Michigan ranked 12th on the League of American Bicyclists first annual ranking of Bicycle Friendly States. But after the League’s first state rankings, Michigan fell in the rankings for three consecutive years, before reversing its freefall in 2012. This year, Michigan ranked 14th, falling slightly from last year, when it recaptured its 12th place ranking.

And unlike some states, Michigan doesn’t seem content to be resting on its laurels. Last month, Michigan bicycle accident lawyer Bryan Waldman reported on new legislation that had just passed unanimously in the Michigan House. If this legislation is signed into law, driver’s education courses will be required to “include information concerning the laws pertaining to bicycles and motorcycles and shall emphasize awareness of their operation on the streets, roads, and highways of [Michigan].”

Recently, I caught up with Bryan to talk about what is happening in bicycling advocacy in Michigan. Naturally, he wanted to talk about HB5438, the legislation that would require driver’s education courses to include instruction on bicycle laws.

Bryan Waldman

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Big Ideas: Idaho stop is one hot potato

This news article featuring Bob Mionske has been reproduced here for our archives. To access the original article, follow the link.

The Toronto Star: Big Ideas: ‘Idaho stop’ is one hot potato


A law to let cyclists treat stop signs as yields makes practical sense, cycling advocates say. But the idea has proven to be politically toxic.

Cyclists pass through an intersection on Beverley St., not necessarily coming to a full stop. In Idaho, cyclists are legally allowed to go through stop signs without stopping if it is safe to do so. The so-called Idaho stop has become something of a tourist attraction for out-of-state cyclists visiting the area.

Richard Lautens / Toronto Star File Photo

By: Tim Alamenciak, News reporter, Published on Fri Jun 13 2014

The rolling stop — it’s an idea that cycling advocates say could encourage more riders, ease bicycle commuting and make riding more efficient. Besides, many riders already do it, much to the outrage of the public.

Among cyclists it’s known as the “Idaho stop,” after the state that first legalized the practice in 1982. Since then, bike riders in the potato state have been told to treat stop signs as yields — allowing them to proceed without coming to a full stop if the way is clear. It’s a policy that cycling advocates across North America and in Toronto have been eyeing enviously.

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The Bike Law Interview: Ann Groninger, Bike Law North Carolina: On Raising The Next Generation

The Bike Law Interview: Ann Groninger, Bike Law North Carolina: Raising The Next Generation of Cyclists

By Bob Mionske

I recently had the opportunity to talk with North Carolina bicycle accident lawyer Ann Groninger. Ann had recently written a well-received article about being buzzed on a morning ride. Or I should say, it was well-received by cyclists, all of whom have had similar experiences on the road. But some motorists had a different reaction, expressing their disdain for “scofflaw cyclists” (despite the fact that Ann had been riding lawfully, and was nearly hit by a “scofflaw driver”), or worse, expressing a thinly-veiled intent to assault cyclists with their vehicles. Before writing about her own brush with near-disaster, Ann had written another excellent article asking “Are bicycle crashes accidents?” Ann had also written about personalizing the consequences of bicycle crashes—in this case, the impact that a negligent driver had on the cyclist she hit, and on his widow.

It was clear from Ann’s articles that she wants drivers to understand that, in her words, “these stories personalize the consequences of taking unnecessary risks when driving”… “what I want to talk about is the value of human life and how people can take it so lightly…by riding my bike on the road, especially alone, I am putting my life in the hands of people who don’t care about it and are willing to take pretty big risks with it.” For Ann, these stories “should be a daily wake-up call” for anyone with a conscience.

So when I talked with Ann, I thought our conversation would go in that direction. But when I asked her to talk with me about a bicycling issue she was interested in, she surprised me with her answer: “kids.” Here’s what she had to say.



Ann Groninger


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The Bike Law Interview: Jason Crawford, Bike Law Colorado, On Denver's First Protected Bike Lane

The Bike Law Interview: Jason Crawford, Bike Law Colorado, On Denver’s First Protected Bike Lane

By Bob Mionske

I recently came across a photograph. In the photo, a woman is riding her bike in the right lane on a street with two lanes in each direction. Behind her is a man on a bike, and in the left lane, next to the male cyclist, a car. A few pedestrians are on the sidewalk on this otherwise deserted street. Nothing like you would see in a cycling capital like Amsterdam, or Copenhagen.

Except this street scene is in Copenhagen. So where are all the cyclists? Where are all the world-famous protected cyclepaths?

There are no cyclepaths, nor legions of happy Danes on bikes, because this scene is from 1973, when Copenhagen streets looked much like the streets in any American city—completely dedicated to the automobile, with small numbers of cyclists sharing the same lanes as automobile traffic.

1973 was the height of the 1970s bike boom in both America and Denmark, and it was also the year America and Europe were thrown into an energy crisis brought on by an oil embargo from OAPEC. From that point in time, Copenhagen and American cities went in completely opposite directions. 

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Utah Bicycle Laws

Bicycle Accident Attorney Jackie Carmichael explains the bike laws in Utah.

By Jackie Carmichael, Bike Law Utah

Utah has 16 bicycle safety laws that are codified at Utah Code Section 41-6a-10 et seq.

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Bicycle Friendly Utah!

Utah Bicycle Accident Attorney Jackie Carmichael sends a report on her state's efforts for better biking.

By Jackie Carmichael, Bike Law Utah

As a bicycle accident lawyer in Salt Lake City, I am happy to report that the State of Utah, and the metropolitan area of Salt Lake City in particular, has made an enormous effort to create a community that is bicycle-friendly and that provides the necessary infrastructure to support city-wide cycling as a way to commute as well as for recreation.

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