Morning Links: LA bike lawyer examines anti-harassment ordinance; shoes starting to drop in Milt Olin case

Los Angeles attorney Josh Cohen writes about LA’s cyclist anti-harassment ordinance for Plaintiff Magazine.

In it, Cohen — a BikinginLA sponsor — explains that the ordinance may not be the panacea we had hoped, since California law relieves insurance companies of responsibility for intentional acts — making it difficult to collect anything other than a small judgment in a harassment case, unless the driver has unusually deep pockets.

His suggestion is that most victims may be better off filing a case in small claims court for a flat $1000 judgment, rather than struggling to get an attorney to take the case when there’s little chance of a recovery.

He goes on to explain that you can file a form with the DMV to identify the driver. And even if you never see a dime, winning your case means you can get the DMV to suspend the driver’s license if he or she can’t — or won’t — pay.

Then again, getting a dangerous driver off the road is a victory in itself.

……..

The shoes are finally starting to drop in the Milt Olin case.

According to the Daily News, court papers show the sheriff’s deputy who killed him was texting moments before the collision, and may have been using the patrol car’s onboard computer.

However, it’s my understanding that police officers are exempt from the California law banning the use of handheld devices, which means he’s unlikely to be charged with texting while driving. Although he still could face charges for careless or distracted driving.

Of course, the real question is whether the deputy was texting a private number while on duty, or someone within the sheriff’s department. And whether, as many have suggested, that it is department policy — official or otherwise — for officers to use the onboard computer while driving.

If so, it could exonerate the deputy, but leave the department itself on the hook for Olin’s death.

Which may be why the DA’s office is taking so long to decide what, if any, charges to file. Or what laws may even apply in this increasingly bizarre case.

Thanks to Lois, John McBrearty, Mike Kim and Lisa Buckland for the link.

……..

Bike riders are being urged to attend tonight’s Laguna Beach City Council session to call for safer streets for cyclists and pedestrians following the death of John Colvin last month.

To the best of my knowledge, the 19-year old driver still hasn’t been charged, despite stopping over a mile away.

Just a reminder to please join us tomorrow night on the City Hall lawn to express our solidarity and support for urgent change to our transportation grid. We demand safe passage for bicyclists and pedestrians.

Laguna has a long way to go, but if our City Council sees how many of us care about this issue, and understand how we fear for our lives every time we mount a bike, perhaps we can spur some action.

Please spread the word and urge your cycle buddies to join us.

Livable Streets Laguna Rally
5:30-6:30
Tuesday, July 15
City Hall
505 Forest Ave

Bring your bike if possible.

Thanks to Jeffery for the heads-up.

……..

You’re invited to show up on Wednesday to protest Metro’s short-sighted plan to give mere crumbs to active transportation.

……..

And then there were none.

The last remaining former winner of the Tour de France abandoned the race today when Alberto Contador injured his knee in a solo fall. Despite a broken tibia, Contador did his best to finish the mountain stage.

Which means yellow-jersey bearer Vincenzo Nibali becomes the instant favorite, with a wide-open field behind him.

Meanwhile, to no one’s surprise, former Russian pro Denis Menchov — two-time winner of the Vuelta and one-time Giro winner — gets a two-year ban for doping.

And the great Marianne Vos wins her third Giro de Rosa, as Emma Pooley takes the final stage. In a show of total domination, Vos’ Rabobank-Liv teammates Pauline Ferrand Prevot and Anna van der Breggen round out the podium.

……..

Local

More on CD1 Councilmember Gil Cedillo’s Orwellian decision to halt the road safety project slated for North Figueroa. Maybe someone should tell Cedillo that increasing traffic congestion — as West Hollywood did in remaking Santa Monica Blvd — can be a good thing, leading to a vibrant and popular neighborhood.

In another loss for LA bicyclists, new buffered bike lanes on Vineland could mean the death of long fought-for lanes on nearby Lankershim.

Another link opens in the eventual 51-mile LA River bikeway with the opening of the Los Angeles River Headwaters greenway in the San Fernando Valley.

Santa Monica Museum of Art’s popular bike-centric Tour da Arts rolls August 26th; RSVP early because the bike ride always fills up.

Meetings are planned to integrate bikes into the new Expo Line extension in Santa Monica.

Five hundred women take part in Long Beach’s Beach Babe Bicycling Classic; the event also marked the announcement of an all-women’s Gran Fondo in Napa Valley next spring. Meanwhile, a writer says the city can and should take the lead in encouraging more women to ride.

 

State

A San Diego cyclist is injured after he’s cut off by a car exiting a parking lot.

The San Diego victim’s family is justifiably furious when the DUI driver who killed their father is let back out on the streets just over two years into a six-year sentence.

A Riverside man rides his bike back home. From Montana.

Despite finding more than 130 stolen bikes and frames, the Marin County DA drops bike theft charges against a woman suspected of buying hot bikes.

 

National

Bicycling’s Elly Blue compares abusive drivers to internet trolls. Sounds about right.

Great advice to support the ones who support you at your local bike shop.

Good for her. A transgender rider fights discrimination while taking the BMX world by storm.

An editorial writer for the Denver Post is nearly as sarcastic as I am in ridiculing the slap on the wrist given a killer hit-and-run driver from my hometown.

Does it really matter if drivers understand that bike riders have a right to ride in the middle of the lane? Aren’t they supposed to somehow avoid running over anyone directly in front of them anyway?

It takes a real schmuck to shove a five-year old Cleveland boy off his bike and steal his nine-year old brother’s Schwinn at gunpoint.

 

International

The typical Calgary bike rider is helmet-wearing man who prefers to ride on a bike path.

A Toronto writer says maybe drivers and cyclists could achieve some sort of détente on the road if we all tried thinking like the other guy.

A Brit cyclist celebrates World Naked Bike Ride Day with a bare solo ride on a major highway.

A UK man is pushed into a river when his bike is stolen in a strong arm robbery.

Team Rwanda is headed to the British Commonwealth Games.

Rants in the Australian media help fuel anger against bike riders.

 

Finally…

I don’t care how drunk you are, how on earth does anyone mistake the cyclist she just killed for a badger? And seriously, no matter how pissed off you are about the truck driver who nearly hit you, don’t lie and say he threatened you with a gun; it won’t end well for you.

 

2 comments

  1. bike2hike says:

    Regarding the bike/walk path at the headwaters of the LA River in the Valley, the bike path is only 4 foot wide who designs this stuff! Also the new LA river park in Sherman Oaks between Coldwater & Fulton (about a 1/4 of a mile)which took 6yrs to build at a cost of 3.5 million does not allow bikes on it.

  2. richard says:

    Mr. Cohen is writing for other lawyers and your take is missleading in blaming the law for drivers lacking insurance for intentional as opposed to accidental acts. Most drivers have garnishable wages and more then the weapon they drive as an asset often even nonexempt items like there smartphone or sometimes shoes barely used. His firm should host on if not its server a link to anyplace hosting the forms or better a hardworking document preparer bilingual and without a seven figure age not just a pittance for the debt on a mere three year at most professional degree he sort of at least if uh unwitttingly argues by implication in publishing where we can stumble or be guid by thee to see

    The mom and pop or at least boarding son you use to brand your dynamic evidence gatherer is chump change… Like qa free bell from the depths of hello in not being at alll necessary he admits in that you in this era he serene to ignore can just drop into the app market store and get a few default four figure judgements a day as dam decent pay for foraging for mobility among the auto clutching fray.

    Yes he fails as welll to mention we may as peddlers risk nothing in bringing plenty of action on our word alone as the filing fees can be waived or deferred and should we lose or outright abuse get to keep our cheap wheeels….SERIOUSLY.

    LEARN HOW TO PRESERVE THE PLATE. SQY IT OVER AND OVER AS YOU PULLL OVER. ANY PHONE EVEN THOSE AT WALGREEENS FOR FIVE BUCKS RECORDS AUDIO AMPLY. I WILL PAY FOR THE FEE TO OUT THE FIRST ONE HUNDRED ACCUSED DRIVERS. JUST BEG FOR IT HERE POSTING THE PLATE CHARQCTER SO CONTEMPORANEOUSLY NOTED OR BETTER IF ON AN ANTIQUE HORN ONLY TO 911 BLOATED.

    WALMART HAS CLEARANCED THE BRACKETS TO MOUNT A FIREFOX RUNNING UNDER HUNDRED DOLLLAR BEST FOR EVEN BETTER OFFENSE GUNNNING EVEN IF ONLY 3G BY INSTANT VIDEO SPINNER AGAINT WHICH NOT TIDE HOWEVER RICH OF SPEEDING ALONE SINNERS CAN NO GO SCOTT FREE.

    yes. Sue every registrant who speeds past a thousand to the milllion. Just do it. It’s free to file and so end our from safe pursuit ii n public of happyness etc. Exile

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