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ROAD RIGHTS BY BOB MIONSKE
The information provided on this site is not legal advice. The information provided on this public web site is provided solely for the general interest of the visitors to this web site. The information contained in the column applies to general principles of American jurisprudence and may not reflect current legal developments or statutory changes in the various jurisdictions and therefore should not be relied upon or interpreted as legal advice. Understand that reading the information contained here does not mean you have established an attorney-client relationship with attorney Bob Mionske. Readers of this information should not act upon any information contained in the web site without first seeking the advice of legal counsel. Road Rights-The Ignorance is Bliss DefenseWednesday, January 18, 2012By Bob Mionske “I didn’t see the cyclist.” It’s the most common explanation motorists offer after hitting a rider. Even though the cyclist was wearing high-vi...Road Rights-Bike Lights: When Do You Need Them?Monday, January 09, 2012By Bob Mionske As dedicated cyclists have long known, cycling is not just a fair-weather activity. Day or night, rain or shine, cyclists ride. Now that winter has arrived, you may find yoursel...Road Rights- Buzz KillThursday, December 22, 2011By Bob Mionske One of the most egregious violations of our right to the road is the “buzz,” when a motorist passes a cyclist perilously close—so close that buzzes frequently ...Road Rights- In War Over Parking, Cyclists Look to Lock BikesFriday, December 09, 2011In most cities, cyclists have nowhere to lock their bikes legally. Here’s how to change that. By Bob Mionske Whether your bike takes you to work or just on the occasional coffee run...Road Rights- Moving Targets: Cyclists and PedestriansWednesday, November 02, 2011Your guide to playing nice with pedestrians. By Bob Mionske Sharing the road with cars is fairly straightforward: Cyclists have the same rights and responsibilities as motorists. But when...Road Rights- Back to the FutureMonday, October 10, 2011New York City traffic, circa 1890. (Associated Press) It’s a great time to be a bike advocate—so go ahead and party like it’s 1899. By Bob Mionske Fifty years ...Road Rights- Blaming the Victims, AgainTuesday, October 04, 2011By Bob Mionske When dangerous driving threatens the lives of children, what should the authorities do? Too often, they appear to believe the proper response is cracking down on parents, rather...Road Rights- How to Keep Your Group Rides LegalSunday, September 18, 2011Etiquette tip No. 1: Give traffic room to pass. (Michael Robertson) Some tips on keeping the long arm of the law away from your ride. By Bob Mionske Cyclists like to ride in p...Road Rights: Put a Lid on ItTuesday, August 16, 2011Why you should wear your helmet—even if you can lawfully ride without one By Bob Mionske No state requires adults to wear a helmet when they ride (although some municipalities do). ...Road Rights- L.A. OrdinanceTuesday, August 09, 2011By Bob Mionske Car culture epitomizes the American love affair with the automobile, and no place quite epitomizes car culture like Southern California. Which makes what has been happening...Road Rights- License To RideFriday, July 29, 2011By Bob Mionske If your town is considering mandatory bicycle registration, here’s how to fight back Did you hear about Michael DenDekker, the New York assemblyman who wanted to make...Road Rights- How to Handle Bike-Car Accidents, Part 3Sunday, July 17, 2011By Bob Mionske The bad news is, you were hit by a car. The good news is, you survived. But you were injured. You’ve got medical bills. You’ve got a totaled bike. And you want to kn...Road Rights- How to Handle Bike-Car Accidents, Part 2Thursday, June 30, 2011I Was In A Collision—What Should I Do? By Bob Mionske You’ve just been hit by a car, and you’re lying on the roadway. In Part 1 of this article, I advised you to begin d...Road Rights- Set the Record StraightMonday, June 13, 2011No cyclist wants to relive a collision—but it pays to read the police report By Bob Mionske Picture this: You’re riding home from work, obeying all traffic laws, when a car kn...Road Rights- How to Handle Bike-Car Accidents, Part 1Thursday, June 02, 2011I Was In A Collision—What Should I Do? By Bob Mionske It was an unusually bright sunny February day in Portland; I was on a ride and had a tailwind, so I was moving along pretty wel...Road Rights- Child's Play?Wednesday, May 25, 2011Believe it or not, even young kids can be held liable in court for cycling accidents. Here’s what you should know. by Bob Mionske Last fall, you may have heard about a preschool gir...Road Rights- Are Doorings Really An Accident?Friday, May 13, 2011Police and lawmakers protect drivers who open their doors into passing cyclists. By Bob Mionske The 56-year old cyclist never saw the driver; the driver never saw the cyclist. But did the...Road Rights- Finding Middle Ground in MarylandFriday, April 22, 2011By Bob Mionske Nathan Krasnopoler was on his way home from the Farmer’s Market. At least that’s what his family is thinking, because the fresh produce he was carrying was scattered...Road Rights- The Bikelash ContinuesMonday, March 28, 2011IMAGINE YOU’RE THE POLICE COMMISSIONER of a large American city. You’re charged with enforcing the laws, fighting crime, keeping public order, and protecting the public’s saf...Road Rights- Signing Your Life Away?Wednesday, March 16, 2011Legal waivers are a necessary part of organized rides—but they don’t apply to every mishap. By Bob Mionske If you’ve ever participated in an organized ride or race, you ...Road Rights- The Bicycle WarsTuesday, March 08, 2011In 1895, New York City was a hotbed of cycling fever. Bicycles were the fashion statement of the day, and everybody had one, or wanted one. But then the automobile appeared on the scene, and our ro...Road Rights- Is Cycling Recreational or Transportational?Thursday, February 17, 2011“Suppose you were an idiot. And suppose you were a member of Congress. But I repeat myself.” —Mark Twain That quote is over a century old, and things have changed, right? ...Road Rights- Take a PassWednesday, January 26, 2011By Bob Mionske, J.D. A common misconception motorists have is that cyclists are slow. Of course, an automobile can reach higher speeds than a bicycle, but that’s on the increasingly myth...Road Rights- Vail Hit & Run Follow-UpWednesday, January 19, 2011By Bob Mionske, J.D. We can say this much: Mark Hurlbert, Colorado’s Fifth Judicial District Attorney, went the extra mile to protect hit-and-run driver Martin Erzinger (read the story h...Road Rights- Identity CrisisThursday, December 30, 2010There’s no such thing as a cycling license–but you should carry ID on rides. Here’s why. By Bob Mionske Here’s a conundrum: if you don’t need a license to ri...Road Rights- Driver Sues Family of Deceased CyclistMonday, November 29, 2010By Bob Mionske Matthew Kenney, 14, was an honors student, and a popular athlete who was active in several sports. David Weaving, 48, had five drunken driving convictions on his record, four of...Road Rights- Hit-and-Run in Vail, Colorado Incites OutrageThursday, November 11, 2010By Bob Mionske The first email alerting me to the news arrived at 9:00 on Friday morning. And then the next e-mail arrived. And the next. And the next. By Monday morning, the New York Times wa...Road Rights- Improvements in PortlandThursday, October 28, 2010Three years ago, a series of tragedies could have marred Portland, Oregon cycling forever. Instead, the city found a way to move forward. By Bob Mionske Three years ago this month, Portla...Road Rights- Lost in the GlareThursday, October 14, 2010A popular Wisconsin cyclist was killed when the sun blocked a driver’s view. By Bob Mionske In the 1990s, one team dominated the Master’s category at races throughout the Midw...Road Rights- Hit and RunFriday, October 01, 2010By Bob Mionske Like many New Yorkers, Bobby Bowen had re-discovered the joy of cycling in the city. As Bobby had explained, riding everywhere "made him feel happy and helped him stay fit ...Road Rights- Things That Go BumpWednesday, September 22, 2010Road hazards that injure cyclists might just seem like part of the sport–but that doesn’t mean you can’t do anything about them Collisions with motor vehicles account for thr...Road Rights- Listen, Obey-- And then ActFriday, September 10, 2010Even if you know you did nothing wrong, follow instructions from police if you’re stopped while cycling—it will work in your favor in the long run. By Bob Mionske Eighteen mon...Road Rights- Listen UpTuesday, August 24, 2010Can you legally wear headphones while riding? The answer might surprise you. By Bob Mionske One of the more common negative cycling stereotypes is that of a tuned-out rider blissfully unaw...Road Rights- The Messages We SendWednesday, August 18, 2010If you ride near pedestrians, you may be doing the rest of us a disservice. By Bob Mionske I was returning from a ride, but one of my main routes home was closed for bridge repairs, so I ...Road Rights- Keep Your CoolMonday, August 02, 2010How to handle an encounter when you’re unjustly pulled over By Bob Mionske Most people don’t follow traffic laws. Motorists speed. Cyclists roll stops. Pedestrians jaywalk. And...Road Rights- Adding Bicycle Infrastructure Creates More RidersWednesday, July 07, 2010By Bob Mionske “I was riding in Chinatown the other morning,” my law clerk explained. “It was a one-way street, two lanes, cars parked at the left and right curbs. They were n...Road Rights- Buzz KillThursday, July 01, 2010Three foot passing laws aim to give cyclists space on the road- but do they work? By Bob Mionske One of the most contentious issues cyclists have with motorists is what many call the buzz&...Road Rights- When Nature CallsFriday, June 25, 2010By Bob Mionske What to do when you’re out in public–and feel the urge Unlike most other sports, bicycling often takes place on the public commons of roadways, recreational pat...Road Rights- An Illegal Bike Ban- And The Fight Against ItThursday, June 24, 2010By Bob Mionske 43,000. Each year, that’s how many Americans are killed by motorists. For obvious reasons (size, speed, weight) automobiles carry an extremely high potential for caus...Road Rights: This is Justice?Thursday, June 03, 2010When a cyclist is killed by a driver, justice is nearly always stacked toward the driver. And in this case in Toronto, the scales were tilted even more than usual. By Bob Mionske On August...Road Rights- Doggone It!Monday, May 17, 2010When chased, crashed or bitten by a charging canine, here’s where you stand By Bob Mionske EVERY CYCLIST HAS HAD A PIECE OF A DOG’S MIND AT ONE time or another. To a dog, you ...Road Rights- When A Bigger Brother Is BetterWednesday, May 12, 2010State and Federal laws often have the cyclist’s back—especially when local laws don’t. By Bob Mionske Most cyclists, it seems, know more about traffic laws, and about th...Road Rights- KornheiserThursday, April 15, 2010By Bob Mionske Imagine you’re listening to the radio one day, as you always do, and the radio personality is on a tear about how annoying the local softball league is. Those ridiculous j...Road Rights- Two By TwoThursday, April 15, 2010How and when to ride side by side, legally By Bob Mionske For many cyclists, riding with others, whether on an outing with a friend or an organized ride, is one of the fundamental pleasur...Road Rights- Airlines and BikesTuesday, March 16, 2010By Bob Mionske From time to time I get requests from cyclists who have reached the point of exasperation with an airline. The problem? An airline has accepted a passenger’s bike for trans...Road Rights- Your City Versus My CityWednesday, February 24, 2010Suppose you were running a city, and you had the option to spend 5 percent of your transportation budget on transportation projects that would support 25 percent of all trips made. That’s an ...Road Rights- Traffic Injustice, Part IIMonday, February 01, 2010By Bob Mionske In November, I wrote the first of what I promised would be a two-part column on traffic injustice. Since then, breaking news on the situation in Philadelphia and the Los Angeles road r...Road Rights- Cell DrunkTuesday, January 19, 2010Drivers are increasingly impaired by phone calls and texts, and cyclists will pay the price until laws change Last July, Bradley Walck was reading a text message behind the wheel of his pickup when h...Road Rights- Road Rage Doctor Going to JailSaturday, January 09, 2010Dr. Christoper T. Thompson, a.k.a. “The Road Rage Doctor,” is sentenced to five years in prison for seriously injuring two cyclists in Los Angeles. By Bob Mionske Too often, cyclists rec...Road Rights- Philly's PushbackMonday, December 21, 2009In October, two pedestrians died in Philadelphia after being hit by errant cyclists. Now, anti-cyclist sentiment is on the rise. A NOTE: Part Two of Traffic Injustice will be the next post on the Roa...Road Rights- Crunch!Tuesday, December 15, 2009There is—or was—a bike on your roof rack. Will your insurance cover it? By Bob Mionske You enter your driveway and hit the garage-door remote, then hear the crash. After a nanosecond of ...Road Rights- Traffic InjusticeWednesday, November 18, 2009This is the First of a Two Part Story By Bob Mionske Susanne Kibler-Hacker, 42, a highly-experienced cyclist, is the coordinator for New Hampshire’s ride-to-work days at her office. The mornin...Road Rights- Justice Served?Thursday, November 05, 2009A road-raging doctor in Los Angeles received a guilty conviction this week, but will that effect cyclists in the long run? By Bob Mionske It was the road rage incident heard ‘round the cycling...Road Rights- See and Be SeenFriday, October 30, 2009Light and reflector laws—and why you may want to do more than the law requires With night falling earlier and the sun rising later, many of us will do at least some riding in the dark. In Cali...Road Rights- License to RideMonday, October 12, 2009By Bob Mionske The transition from summer to autumn has been a tough time for Toronto cyclists this year. On August 31, bike courier Darcy Allan Sheppard was run down by a driver in what was apparent...Road Rights- Turning PointsMonday, October 05, 2009Cyclists are required to signal turns just as drivers are—or, rather, should. Specific turn laws vary by state, but the Uniform Vehicle Code (the UVC is a suggested set of traffic laws for state...Road Rights- When Worlds CollideWednesday, September 16, 2009A swift public relations campaign couldn’t save a successful Canadian lawyer from the fact that he ran down and killed a bike messenger. By Bob Mionske He was Metis, one of the officially reco...Road Rights- Making Better LawsTuesday, September 01, 2009Laws that don’t help anyone usually go unheeded. But a smart one, in Idaho, could provide a nationwide model. By Bob Mionske In the polarized world of cyclist-motorist interactions, one sore p...Road Rights- Where You BelongMonday, August 31, 2009Cyclists have a right to the road, but where we should be on that road depends on state law and conditions. Generally there are bicycle-specific statutes requiring us to ride as close to the right as ...Road Rights- More On Stop as YieldFriday, July 31, 2009We talked with the experts on the front lines of bicycle advocacy. Here’s what they have to say about getting an Idaho-style stop as yield law passed in your state. By Bob Mionske Andy Clarke,...Road Rights- How Should You Respond to Road Rage?Thursday, July 30, 2009This is the second of a two-part post about Road Rage. In the first part Bob Mionske explained road rage from a legal perspective. In Part II, below, Bob suggests how to handle it. By Bob Mionske So...Road Rights- A Stop-Sign Solution?Tuesday, July 28, 2009Idaho’s stop-as-yield statute lets you ride safely and efficiently—without breaking the law. For 26 years, cyclists in Idaho have rolled through stop signs—legally. According to tha...Road Rights- What is Road Rage?Thursday, July 23, 2009This is the first of a two-part section on Road Rage. In this first part Bob Mionske explains road rage from a legal perspective - what it is, legally as well as psychologically, and how it affects cy...Road Rights- When Tempers FlareTuesday, July 14, 2009Five cyclists were on a country road when an SUV approached from behind. The driver blasted his horn as he buzzed the group. After he passed, one of the cyclists motioned for the driver to come back; ...Road Rights- Yielding To LifeFriday, July 10, 2009By Bob Mionske There are a lot of good reasons to ride a bike—among them, it’s good for your health, it’s good for your pocketbook and it’s good for the environment. In fact, ...Road Rights- False ProtectionThursday, July 02, 2009Is a law to protect cyclists rendered useless when it’s not enforced? By Bob Mionske In July of 2000, Brian Brown, then the director of the Campus Recreation Program at the University of Tenne...Road Rights- Why We Need Cycling insuranceMonday, June 22, 2009By Bob Mionske In 1898, Dr. Truman J. Martin of Buffalo, New York paid $11.25 for an insurance policy that provided him with up to $10,000 of liability coverage (about $250,000 in inflation-adjusted ...Road Rights- Are You Covered?Wednesday, June 17, 2009Most cyclists’ greatest fear is colliding with a car. The danger is not as common as we might believe: Only 28.7 percent of cycling accidents involve an automobile, according to a Federal Highwa...Road Rights- Cycling: A rIght, or a privilege?Tuesday, June 02, 2009By Bob Mionske Before I jump into this column, I’d like you to hear from a concerned fellow attorney, Jeffrey Lynne, who recently wrote to me and Loren Mooney, editor-in-chief of Bicycling. Lyn...Road Rights- First, There was the BicycleMonday, May 11, 2009Even before there were cars, traffic laws applied to cyclists. In most states, a bicycle is legally defined as a vehicle, and the law specifies that cyclists have the same rights and responsibilities...Road Rights- When the Cop Says StopWednesday, April 22, 2009Yes, even the police are wrong sometimes. By Bob Mionske A few months ago, I received a phone call from a cyclist with an incredible story about an incident in Lawrence County, Ohio. Because the cyc...Road Rights- Mixed SignalsThursday, April 09, 2009So many cyclists seem to think that it’s not worth the effort to come to a stop at signs and signals. I’m tired of seeing it, but they all say that it’s safer and easier to ride thro...Road Rights- The Commuter Tax BenefitThursday, March 19, 2009By Bob Mionske Eight years ago, representative Earl Blumenauer had an idea—if the law allows employers to offer tax-free fringe benefits to subsidize their employees who commute by car, or by t... |
AnnouncementsComing Soon... NewsHow safe is your bike?January 18, 2012The Coloradoan: How safe is your bike? As the number of Fort Collins bicycle thefts continues to rise year ove... A New Four-Lane Superhighway To Be Built Only For BikesJanuary 16, 2012TreeHugger.com: A New Four-Lane Superhighway To Be Built Only For Bikes A.K. Streeter Transportation / Bikes ... WHO PINCHED MY RIDE?January 9, 2012Outside: WHO PINCHED MY RIDE? When thieves stole his beloved commuter bike on a busy street in broad dayl... Make streets safe for cyclistsJanuary 9, 2012The Boston Globe: Make streets safe for cyclists EDITORIAL | EDITORIAL | CAMBRIDGE’S DEADLY INTERSECTION... |
