Confronting the Scofflaw Cyclist

Wed, 05 Dec 2012 03:43:00 -0400

By Rick Bernardi, J.D.

You’ve probably seen “the comment.” It goes something like this. A news article reports that a cyclist was injured, or maybe even killed. The cyclist was following the law. The driver was not. Maybe the driver was just being careless. Maybe the driver was deliberately targeting the cyclist for harassment, or worse.

It doesn’t matter, because “the comment” always follows the same logic: “When cyclists stop breaking the law…” Regardless of what actually happened, regardless of the fact that this particular cyclist was following the law and this particular driver was not, some aggrieved motorist feels obliged to point out that cyclists break the law.

This is the myth of the scofflaw cyclist. [More]

Red Light Runners

Mon, 03 Dec 2012 08:11:00 -0400

By Rick Bernardi, J.D.

The reason most often-cited by motorists for the animosity between motorists and cyclists is the disregard that cyclists have for the traffic laws. And one complaint in particular always comes up in any discussion about cyclists—the well-known disregard that cyclists have for stop signs and red lights.

Well, it’s true that many cyclists do not follow the traffic laws when it comes to required stops. But it’s also true that many cyclists do follow the law. And yet it’s virtually guaranteed that whenever the subject of cyclists comes up, motorists will volunteer their observations that cyclists have no regard for stop signs and red lights. And these observations are offered regardless of circumstances. A motorist right-hooked a law-abiding cyclist? A driver has no explanation for why he didn’t see a brightly-clad law-abiding cyclist in broad daylight? A road-rager uses his vehicle to assault a cyclist and bully him off the road? No matter. Somebody will mention that cyclists break the law.

So with all of that sanctimony, one might reasonably believe that drivers are themselves paragons of lawfulness, especially when it comes to observing stop signs and red lights. [More]

Bob Mionske's BicycleLaw.com Blog on Bicycle Law and Advocacy - Scofflaws

Confronting the Scofflaw Cyclist

Red Light Runners