Archive for February 4, 2014

When You See A Cyclist Down

Today marks the second edition of the new guest column by LA bike lawyer Jim Pocrass. 

Yes, this is a sponsored placement. But he once again offers good advice — this time on how to help if you should come upon a downed rider.

……….

Jim Pocrass, Pocrass & De Los Reyes LLP

Jim Pocrass, Pocrass & De Los Reyes LLP

Bikes Have Rights™
By James L. Pocrass, Esq.
Pocrass & De Los Reyes LLP 
 

 

Someone in my office came to me recently to tell me that as she was driving home she saw a bike accident. The car that had hit, presumably, the cyclist was parked nearby. There were a few people helping the cyclist, who sat in the middle of the road. She could hear the sirens of emergency vehicles that were on their way.

She said that though she wanted to stop to help, she felt that since there were people at the scene already, it wouldn’t be useful. So she didn’t stop. She asked me if I thought she should’ve stopped.

Upon thinking about the question, I told her I thought she should have. Because we work with so many cyclists who have been in bike accidents, we know what information the cyclist needs if they want to pursue a legal case.

In the immediate aftermath of a bike accident, even the most knowledgeable cyclist is probably shaken and stunned. If the cyclist has suffered serious personal injuries, they may be incapable of collecting the necessary information.

Also, there is no guarantee that the people who stop really know what information the cyclist – or the cyclist’s family – is going to need for legal action. More than likely, the people assisting the fallen cyclist are most concerned, understandably and rightfully, with the cyclist’s injuries.

If you see a cyclist down, of course the first thing to do is to call the police and to get the cyclist emergency medical assistance. If that is being done by others, you can best assist the fallen cyclist by writing down the following information:

  • Time & Place: Notate the time the accident happened as well as the location. You want to include approximate address, the nearest cross street(s), and the city.
  • Vehicle Information: Most importantly, get the license plate number and state. Note: if the cyclist was hit by a truck, you need to get the license plate number of both the cab and the trailer. They may be different. Write down the make, model, year, and color of the vehicle that hit the cyclist.
  • Driver Info: Get the driver’s name, phone, address, email, and driver’s license number (and state). Get the driver’s insurance information, including company and policy number.
  • Witness Info: Get the name, address, phone, and email of any witnesses (including any passengers in the vehicle).
  • Photos: One of the most helpful things you could do for the cyclist is to take pictures with your phone. You want pictures of the bicycle and of the car (multiple views and as close as possible). Then take multiple pictures of the scene of the accident, from numerous angles, as it relates to street signs, lights, corners, and curbs.

Once you have collected this information, write down your contact information, with a brief note that you have witness information and photos, and give it to the fallen cyclist, tuck it into the cyclist’s pocket, or give it to a paramedic to put with the cyclist’s possessions.

The worse the cyclist’s injuries are, the more important this information will be to the cyclist or to the cyclist’s family.

BikeCrashReportBACK r1 (2)You don’t need our help to do this, but we did create a free, wallet-sized guide to carry with you should you have a collision or should you see a fallen cyclist. You can either download a version of it here, or send us an email and include your mailing address and we’ll mail you a hard copy of the guide.

A very experienced cyclist, whose case we are handling, told us that he had one of our guides in his wallet when he had his bike accident, and he was so shaken he never thought about using it.

So let’s help each other and gather the information necessary to strengthen each fallen cyclist’s legal case. If people will not be careful around cyclists because it’s the right and legal thing to do, maybe they will change their behavior when they feel the sting from their pocketbooks.

*California Vehicle Code 21200: A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle. . .
……….
For more than 25 years, Jim Pocrass has represented people who were seriously injured, or families who lost a loved one in a wrongful death, due to the carelessness or negligence of another. Jim is repeatedly named to Best Lawyers of America and to Southern California Super Lawyers for the outstanding results he consistently achieves for his clients. Having represented hundreds of cyclists during his career, and Jim’s own interest in cycling, have resulted in him becoming a bicycle advocate. He is a board member of the Los Angeles County Bicycle Coalition.  For a free, no-obligation consultation, contact Jim Pocrass at 310.550.9050 or at info@pocrass.com.
 

Unconfirmed rumor says Dr. Thompson may be back on the streets soon; LA BAC meets tonight

It’s possible LA’s bicycling Boogey Man could be getting out of jail soon.

If he hasn’t already.

Rumors are swirling that Dr. Christopher Thompson, the road raging driver responsible for the infamous Mandeville Canyon brake check that seriously injured two cyclists, was due to be released from Norco prison yesterday.

I haven’t been able to find confirmation one way or the other yet.

But Thompson is four years into a five year sentence. With good behavior, it would make sense that he would be due for release soon.

The question is, should we care?

Yes, he did a horrible thing. But he’s apologized, and he’s done his time.

Maybe it’s time to simply put him in our unpleasant past, and get him get on with his life.

And us with ours.

……….

The LA Bicycle Advisory Committee meets tonight with a long agenda, including discussion of bike lanes on Figueroa Street.

Bicycle Advisory Committee of the City of Los Angeles
Agenda
Tuesday, February 4, 2014, 7:00 p.m.
Hollywood Neighborhood City Hall ‐ Community Room
6501 Fountain Ave., Los Angeles, CA 90028

PLEASE NOTE

  • Public participation in Bicycle Advisory Committee meetings is welcome.
  • This agenda is tentative and may be updated as the meeting date nears.
  • Items may not be considered in the same order as this Agenda.
  • Meetings start promptly at the posted time
  • Sign Language Interpreters, Communication Access Real-Time Transcription, Assistive Listening Devices, or other auxiliary aids and/or services may be provided upon request. To ensure availability, you are advised to make your request at least 72 hours prior to the meeting you wish to attend. Due to difficulties in securing Sign Language Interpreters, five or more business days’ notice is strongly recommended. For additional information, please contact: Shelly del Rosario at LADOT at (213) 972-5980

1. Call to Order – Count for Quorum – Member Sign In
2. Approval of Minutes from December 2013 Meeting
3. Introduction of Committee Members
4. Public Comment: Non Agenda Items: All speakers must submit a City of LA Speaker Card before they will be
recognized. Public Comment is limited to two (2) minutes per speaker.
5. Los Angeles Police Department Report
a. Discussion and possible action re LAPD/LACBC handout re rules of road for bicyclists.
6. LADOT Bikeways Program Report
7. LADOT Bikeways Engineering Report re Bikeways Installed and In Progress
8. Bikeways Subcommittee Report:
a. 20‐Mile Sharrow Package
b. Discussion and possible action re Planning Department request to fund and staff “metrics”
c. Discussion and possible action re LADOT funding and staffing levels
9. Advocacy and Education Subcommittee Report:
10. Planning Subcommittee Report:
a. Discussion and possible action re Year 2 Environmental Review Package
b. Discussion and possible action re Mobility Element Update
11. Planning Department Report:
12. Metro Update
13. Update re status of Bike Plan Year 1 Environmental Package Projects (see next page):
a. Discussion and possible action re North Figueroa Package
14. Update re other projects
a. My Figueroa
b. Hyperion/Glendale Blvd Bridge:
c. Signage on LA River bike path
15. Involvement with Other City Departments:
a. City Attorney
b. Recreation and Parks
c. Public Works‐Bureau of Engineering
d. Public Works‐Street Services
16. Upcoming Events/Activities:
17. Officer Reports – Chairman – Vice Chairman
18. Member Reports – Emphasis on Council District Meetings and Projects
19. Adjourn

Next Meeting – April 1, 2014

……….

Boyonabike calls for an end to car-centered culture at Caltrans. The LAPD is increasing bike patrols along the Venice Boardwalk; hopefully they’ll bring a little peace to the bike path, as well. Sweet Ride USA releases a mouth-watering Episode Three featuring Peddler’s Creamery and DK Donuts; they’re featured in this month’s Bicycling. In his new role reporting for Streetsblog, Joe Linton asks if LA bridge builders can reconfigure the Riverside-Figueroa bridge; welcome back to one of LA’s most knowledgeable and influential bike, transportation and river advocates. Pink and daughter take a “strenuous” ride along the beach in Santa Monica; meanwhile, the singing Braxton sisters learn to ride a bike on TV, sort of.

A San Diego cyclist sues over a bad crash caused by a broken sidewalk. An 11-year old Bakersfield boy is killed by a car while riding his bike. Santa Barbara is letting 30-year old bike lanes near a school fade to oblivion in favor of parking. A Fontana cyclist escapes robbers who attempted to form a human barricade on a bike path. Jury deliberations begin for a man charged with attacking a rider on a bike path.

How to improve traffic safety for older adults; something has to be done to get dangerous drivers off the road while allowing safe ones to keep driving. New medical study shows master’s cyclists up to 71-years old maintain muscle mass as well as much younger riders. How to create a pop-up protected bike lane for just $600. New wireless hi-def bike cam released by Shimano, as well as new models by other makers. A man and his bike make beautiful music together. No more Viva Bike Vegas gran fondo in Las Vegas following Interbike this year. Anchorage motor vehicle laws stack the deck against cyclists; same story could be written just about anywhere. Tucson looks to build protected bike lanes; they could beat out LA for the Green Lane Project funding if the My Figueroa project fails to move forward. Going carless with bike and car share in Denver. A Houston area cop teams with Walmart to replace a boy’s stolen bike. St. Louis County votes for Complete Streets, despite protests from some cyclists decrying bike lanes and the “bicycle industrial complex.” A Delaware cyclist is ticketed for riding his bike safely and legally. Fortunately, not many bike riders are found on freeways, as a South Carolina driver is stopped for weaving in and out of traffic at 107 mph, while drunk — and with a open, half-empty gallon bottle of vodka — and no license. Sorry Houma, Louisiana, a shared lane may be many things, but it’s not a bike path. A 21-year old Tampa man faces prison for killing a bike rider while drag racing.

British experts say it will take more and better data to cut rates of bicycling injury and deaths; “Every death through cycling is entirely preventable, with countless lives shattered by the ripple effect of these tragic events.” Bike-hating Top Gear hosts take a ride through the streets on London. After barely surviving a collision with a car, a UK cyclist has to wait to learn if she can have her missing teeth replaced. Nottingham bike lanes are a “waste of cash and unwanted;” except by the people who might ride them, of course. The Tour of Dubai could help counter anti-bike fear-mongering. It’s war out there as Adelaide drivers and cyclists do battle daily on their commutes. It’s legal to cross a double line in Australia to pass a cyclist safely; not so in California, thanks to our veto-pen wielding governor.

Finally, a New Zealand study shows cycling is safer than you think — in fact, a two-hour ride is six times safer than riding a horse, 15 times safer than a day on the slopes and 35-times safer than playing rugby.