Tag Archive for legal cases

Metro Bike union beats back Lyft contract, $2.45 million in San Diego pothole case, and helmet law targets indigenous riders

Just 278 days until Los Angeles fails to meet its Vision Zero pledge to eliminate traffic deaths by 2025.
So stop what you’re doing and sign this petition to demand Mayor Bass hold a public meeting to listen to the dangers we face walking and biking on the mean streets of LA.

Then share it — and keep sharing it — with everyone you know, on every platform you can.

We’re slowly gaining signatures, up to 1,027 now, so keep it going! Urge everyone you know to sign the petition, until the mayor agrees to meet with us! 

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It was a light bike news day yesterday. So if no news is good news, this may be one of my best pieces ever. 

The better news is, that means you can get out on your bike that much sooner today. 

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It’s now 99 days since the California ebike incentive program’s latest failure to launch, which was promised no later than fall 2023. And 33 months since it was approved by the legislature and signed into law — and counting.

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The war on cars may be a myth, but the war on bikes just keeps on going.

Drivers in Manchester, England are accused of making a mockery of a controversial green bike lane by parking their vehicles in the bikeway.

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Local 

Public radio station KCRW’s Press Play discusses long overdue plans to reduce traffic lanes, widen sidewalks, and add bike and bus lanes along the Hollywood Blvd Walk of Fame.

Santa Clarita approved an extension of the Bouquet Canyon Trail, providing a connection between Bouquet Canyon Road and the city’s Central Park.

Actor Robert Downey Jr. is one of us, going ebiking in the ‘Bu with his son, while demonstrating that TMZ doesn’t know what the hell a BMX is.

 

State

A San Diego bike commuter and long-distance runner says that complaints over the curb-protected bike lane where an Encinitas father apparently fell to his death suggest that critics just don’t want to share the road with slower bicyclists.

A San Francisco website says it’s not Vision Zero that has failed in the city, but San Francisco’s piecemeal, reactive approach to fixing the problem.

Sad news from Napa, where a 45-year old man was killed in an apparent hit-and-run, after he was found lying in the street near his bicycle, suffering from serious injuries.

 

National

There’s a special place in hell for the hit-and-run semi driver who left a bike-riding 81-year old Queens, New York man to die in the street.

New York has authorized the use of e-cargo bikes to replace delivery vans in the city, many in the form of cute little pedal-powered mini box trucks.

 

International

Life is cheap in Scotland, where a man convicted of careless driving in a crash that left a bike rider with life-changing injuries walked without a day behind bars, after getting a lousy $1,900 fine and a 15-month driving ban; meanwhile, his victim may never be able to ride a bike again.

Irish pro cyclist Imogen Cotter is urging drivers not to make like a bunny, and slow the hell down over the Easter weekend.

The Netherlands is proposing banning performance modification kits designed to boost ebike speeds beyond the strict limits set by the European Union.

 

Competitive Cycling

American Matteo Jorgenson became the first American to win the one-day Dwars door Vlaanderen classic on Wednesday by attacking with a little over four miles to go, after favorites Wout van Aert, Mads Pedersen, Jasper Stuyven and Biniam Girmay crashed out in a spill that took out more than a half-dozen riders; Jorgenson also won the prestigious Paris-Nice earlier this month.

The crash could jeopardize Olympic favorite and defending silver medalist van Aert chances of competing in the Paris Games after breaking his collarbone and several ribs, as well as knocking him out of the upcoming Tour of Flanders and Paris-Roubaix.

Belgian cyclist Tiesj Benoot blames himself for the crash that injured van Aert.

On the women’s side, Dutch great Marianne Vos took her first Dwars door Vlaanderen win, outsprinting Shirin van Anrooij at the finish.

Twenty-eight cyclists competing in the Isle of Man road race won lifetime bragging rights, after Manx-native Mark Cavendish finished 29th.

 

Finally…

It’s time for the annual donning of the tweed. Your next e-cargo bike could take its tech from F1.

And that feeling when an illegal bike jump could be a real blast.

No, literally.

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Be safe, and stay healthy. And get vaccinated, already.

Oh, and fuck Putin

Your help needed for precedent-setting legal case, Epstein enters CD5 council race, and reward for hit-and-run drivers

This has been a rough year for all of us.

And riding a bike hasn’t always been enough to get through it, emotionally or otherwise. 

So take some time to find something you can truly be thankful for, and give your heart and mind a break for a few days. 

And stay safe out there. I want to see you back here bright and early when we return to our regular programming on Monday.

Meanwhile, Friday will mark the launch of this year’s 6th Annual BikinginLA Holiday Fund Drive.

The corgi puppy is already hard at work preparing for her debut as our new spokesdog. 

But feel free if you want to get a jump on donating and beat the holiday rush. 

Update: Thanks to Arthur B for kicking the fund drive off!

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Today I learned what depublishing means — and what we can do about it.

Recently, we mentioned a legal ruling from a California appeals court that held Sonoma County responsible for injuries a woman suffered when her bike hit a pothole at 25 mph, setting a precedent that would make it easier for other injured riders to hold local governments accountable for bad roads, and their failure to maintain them.

But now lawyers for the county are asking the California Supreme Court to depublish the ruling, which means it couldn’t be used as a precedent for other cases, claiming she was engaged in an “extreme sport.”

This is how the Sonoma County Bicycle Coalition described the case.

The argument put forth by appeals attorney Nadia Sarkis, representing the County, focused on the length, speed, and purpose of Williams’ ride, claiming that as she was engaged in an “extreme sport” and was not an “ordinary user” of the road, she assumed the “inherent risk of the sport.”  In other words, she should have known she could get hurt riding a bike and that County liability for poor road condition therefore does not apply to her.

The Justices’ line of questioning really hammered on this idea that the County’s liability varies based on the speed and purpose of a cyclist’s ride on a given day. One Justice gave Sarkis some hypotheticals and asked in which cases the County has duty. They included a woman riding at the same speed and distance but to work; a teenager riding the same speed but on her way to soccer practice; a 65-year-old woman riding the same speed on an electric bike she bought after having a knee replacement. They all seemed somewhat incredulous only Williams’ incident, but not the rest of these situations, should release the County from liability for the cyclist’s injuries and questioned the whole idea of defining “ordinary” versus “extreme” bicycling.

(Sarkis had quoted a study on “average” speed and distance for recreational versus transportational cyclists and implied that anything above “average” was “extreme.”  The speed and distance of Dr. Williams’ ride were certainly those of a fit and serious rider, but nowhere near what any of us would consider “extreme.”)

Which is ridiculous, of course. And has nothing to do with the failure to ensure a safe riding surface.

Which is where you come in.

Alan Charles Dell’Ario, the plaintiff’s attorney, is asking for letters from bicyclists to forward the Supreme Court within to oppose depublishing the ruling, and keep it as a precedent that could prove invaluable to other injured riders.

You can email your letter to him at Charles@dellario.org.

San Diego bike lawyer Richard L. Duquette, a longtime friend of this site, has shared his own letter to serve as a guide.

Just hurry, because it’s due at the Supreme Court by the end of next week.

Update: Mr. Dell’Ario sends word that your letter must follow the format below to be forwarded to the court.

Thanks to Phillip Young for the heads-up.

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This year’s city council election ended less than a month ago. But the campaign to replace termed out Paul Koretz in CD5 is just getting started, as Scott Epstein tossed his cycling cap into the ring.

Epstein is a life-long bike rider and advocate for safer streets, and a long-time leader with both the Los Angeles Bicycle Advisory Committee and the Mid City West Community Council.

I’ve known him for over a decade, and it’s hard to imagine a better replacement for the pseudo-environmentalist Koretz, who has opposed virtually every bike project in his district.

Epstein has my unqualified support. And you can find a long list of other endorsements by clicking on the thread above.

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This is who we share the road with.

The LAPD is looking for a motorcyclist and two drivers who ran down a South LA man in a deadly triple hit-and-run.

Fifty-year old Jose Fuentes was crossing Central Ave near 78th Street when the motorcycle rider slammed into him, followed by both drivers running over him, one after the other, as he lay in the roadway.

And not one had the basic human decency to stick around afterwards, let alone call for help or render aid.

Meanwhile, 76-year old Kuen Ham died several hours after she was run down by yet another hit-and-run driver as she was crossing Miramar Street at Union Ave in the Westlake District, dragging her several feet as they fled the scene.

As always, there is standing $50,000 reward offered by the City of Los Angeles for information leading to an arrest and conviction in any fatal hit-and-run, which applies in both these cases.

Thanks to Jeff Vaughn for the Fuentes heads-up.

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Four people find the balance between mountain biking and skiing.

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The war on cars may be a myth, but the war on bikes just keeps on going. 

A road-raging Pittsburgh man faces a raft of charges including attempted murder for allegedly shooting a man riding a bicycle in a dispute that following a collision.

Someone has been sabotaging a rail-to-trail bike path in the UK by strewing large branches on the pavement, as well as throwing sticks at passing riders.

Sometimes, it’s the people on two wheels behaving badly. 

Lincoln, Nebraska police are on the lookout for a pair of bike-riding teens who confronted a family jogging on a bike trail, and flashed a gun when they were asked to move out of the way.

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Local

Metro is offering Black Friday deals on bikeshare passes this weekend.

 

State

San Luis Obispo released the city’s new active transportation plan for public review.

A Santa Cruz man faces a murder charge after telling police his girlfriend was killed falling off her bike, even though neighbors reported her screams for help.

Tragic news from San Leandro, where a bike rider was killed in a collision with a van driver, who remained at the scene. Police are looking for a second driver who left the scene and may have been involved, as well.

Davis police are looking for whoever is responsible for a series of bike shop burglaries targeting high-end bicycles. And it’s not just bike shops falling victim, either.

 

National

Bicycling recommends the best Black Friday and Cyber Monday deals for bike riders, along with ten cutting-edge gifts for tech-loving bicyclistsUnfortunately, these don’t seem to be available on Yahoo yet.

Gear Junkie recommends the best mountain bikes for under a grand.

The NYPD has finally done the right thing, and cancelled dozens of outstanding ebike tickets after the city belatedly got around to legalizing them; the department’s crackdown fell primarily on immigrant delivery riders who could least afford it.

New York’s Department of Transportation overrules a community board to build a cargo bike corral near a Manhattan Whole Foods.

Outgoing New York Mayor de Blasio says it will be up to the next mayor to finish Vision Zero, even though the city has barely made a dent in it.

 

International

Cyclist looks at the relatively brief history of Cervélo, as the cutting-edge brand reaches the quarter century mark.

The Guardian considers how to stay safe running or biking after dark this winter.

Wired looks at the surge in bike lanes in cities around the world, as they react to the challenges and opportunities of the pandemic. Needless to say, Los Angeles isn’t one of them.

The CBC profiles London, Ontario residents who plan to keep riding through the frigid Canadian winter.

Bike Radar has the best Black Friday bike deals from the UK, as well as a few from the US.

Cycling Weekly examines how London’s Pearson, reportedly the world’s oldest bike shop, launched its online business in the middle of the pandemic.

Brazen London thieves used an angle grinder to steal a locked ebike in front of witnesses in broad daylight.

British residents say a local bike rider might not have been killed if completion of a half-finished bikeway hadn’t been pushed back to 2027.

That’s more like it. An Irish man has until the end of the year to pay a nearly $24,000 fine for seriously injuring two bicyclists while driving at four times the legal alcohol limit, after an appeals court ruled his original 18-month sentence was too lenient.

A Borneo op-ed says it’s time to consider installing bike lanes on the Malaysian island.

Australia’s food delivery riders complain about dangerous conditions after five riders were killed in just two months.

 

Competitive Cycling

Dutch cyclist Fabio Jakobsen is back on his bike, three months after a horrific crash during the final sprint in stage one of the Tour de Pologne.

Pez Cycling looks forward to five things they want to see in road cycling next year.

 

Finally…

Not all bike riders are saints, but at least one bike riding priest is one his way. And when the shooting of America’s only remaining Tour de France champ didn’t even make the local paper (Scroll down. No, seriously, keep scrolling.).

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Be safe, and stay healthy. And wear a mask, already. 

Morning Links: Bikes and Veterans Day, bad air is bad for biking, and Wicksted murder arraignment delayed

Writing on the 100th anniversary of the end of WWI, Forbes’ Carlton Reid notes that the first British soldier killed in what was once known as the “war to end all wars” was one of us.

Meanwhile, a New Zealand writer spent a month bicycling through the fields and cemeteries of France to remember the war’s dead, and contemplate the monster of endless war.

And veteran’s group in Oklahoma City uses bicycling to fight PTSD.

On a personal note, my own grandfather was a doughboy, and fought in the trenches of Belgium and France in WWI.

I wish I knew more about what he did. But the war wasn’t something he wanted to remember.

Let alone talk about.

I hope you’ll join me today in remembering him, and all those who have served our country, on this Veteran’s Day, and thank them for the sacrifices they made.

Let’s pray that our world will one day regain its senses, and learn to settle disputes without bullets and bombs.

But until then, let’s at least take better care of those who come back home.

And remember that not all scars are visible.

Thanks to J. Patrick Lynch, who wants a copy of that poster in the upper left, which was taken from the Forbes article, for the first link. 

Then again, so do I.

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Streetsblog has advice for confronting California’s wildfires — don’t bike until the air clears.

Smoke from a fire contains ash particles that can harm your lungs, as well as countless toxic chemicals that can do long-lasting damage.

Never mind the problems it can cause for allergy and asthma suffers.

So the best advice is, if you smell smoke, don’t ride. Or run. Or engage in any other physical activity outdoors.

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Arraignment was delayed once again for Sandra Marie Wicksted, who’s accused of murder for using her car to kill Leslie Pray as she rode her bike in a Claremont bike lane, as well as four counts of attempted murder for swerving at other bike riders before she killed Pray.

However, delays like that aren’t unusual.

Serious cases often see a number of postponements as prosecutors attempt to work out a deal, and defense lawyers get their cases together.

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In case you missed it over the weekend, family members identified the victim of Thursday’s fatal bike crash on Santa Monica Blvd in West LA as 31-year old Glendale resident Frank Guzman.

A GoFundMe account to help pay his funeral expenses has raised over $4,000 of the $5,000 goal in just two days.

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Local

UCLA ER physicians say they’re seeing a jump in scooter-related injuries, averaging one a day between their two facilities; they urge all scooter users to wear a helmet.

He gets it. A member of the Pasadena Complete Streets Coalition compares road diet deniers to anti-vaxxers.

Wolfpack Hustle is postponing the Wolfpack Hustle All City Century scheduled for tonight due to poor air quality from the fires.

 

State

A carfree San Diego PR agency owner is attempting to combine social equity and healthy living.

Berkeley’s mayor takes advantage of a popular bike festival to promise quick action on a protected bike lane.

Robert Leone forwards news that Campbell police corralled a bike thief using a bait bike. The LAPD won’t use bait bikes because the City Attorney’s office fears claims of entrapment.

The San Francisco Examiner suggests the only thing more perilous than riding a bike in the Bay Area is leading the city’s bicycle coalition.

 

National

A tech website looks at how bikes have changed over the past 25 years. Thanks to Mike Wilkinson for the link.

Taking a road trip by bike to the Colorado National Monument.

The war on cars may be a myth, but the war on bikes is all too real. Three Portland men face well-deserved charges for booby trapping a popular bike path by tying strings across it at face and neck level; a woman suffered cuts and bruises around her eyes, chin and neck when she ride into them.

A Minnesota college is training engineering students to design and build bicycles, both to get jobs in the bike industry, and develop skills that will transfer to other fields.

Nearly 1,000 bicyclists turned out for the annual Cranksgiving ride in St. Louis to help raise funds and collect food to the distribute to the needy over the holidays.

A Cape Cod letter writer can’t seem to imagine any reason why anyone who isn’t in financial distress would ever want to ride a bike, let alone why the city should build Complete Streets to accommodate them.

LA bike riders aren’t the only ones having trouble with blocked bike lanes; New York bike riders are pretty ticked off about it too.

 

International

Horrifying news from Trinidad & Tobago where two bicyclists were killed — including a celebrity chef — and eight others were injured when a driver plowed into a club ride, despite a police escort; the driver claimed he lost control after blowing a tire. To make matters worse, a bike advocacy group says there are no trained traffic investigators in the country.

A London assembly member questions whether the city’s Metropolitan Police are doing enough to fight bike and pedestrian deaths.

Not many American bike riders can relate to Britain’s 16,500-mile bicycling network. But the fact that half of it is “crap” due to poor maintenance and pavement conditions, that most of us can relate to.

An English city is putting up signs welcoming polite bike riders.

The UK’s BikesUpGunsDown movement aims to stop gun and knife crime by building better bike skills.

A Brit writer says the perfect bike ride is one you do with friends.

Berlin gets its first protected bike lane.

A Kiwi writer suggests that dockless bikeshare and e-scooters means it’s time for new road rules to govern how we behave around others. Meanwhile, a new homegrown dockless bikeshare is subjected to the same abuse others have suffered.

An Australian news site says drivers subjected a leading bike advocate to vile abuse before he was killed in a crash last week. And apparently didn’t even stop then.

 

Competitive Cycling

Pro cyclists offer their thoughts on a proposed power meter ban in next year’s Tour de France.

 

Finally…

It takes a real schmuck to get out and swear at a crash victim before fleeing the scene — even if the driver is a woman. You can stop counting ballots, we have a winner in the worst bike name ever.

And is it okay to give someone the bird if you’ve got a smiley face on your glove?

 

Morning Links: South Figueroa Complete Street project opens next week, and updates on OC court cases

The long awaited My Figueroa Complete Streets project will finally open a week from tomorrow.

City officials will open the long-delayed makeover of the iconic South Figueroa corridor with an official ribbon cutting, as well as walking and biking tours.

Although not everyone is happy with the unprotected, cab-blocked bike lanes by Staples Center, the pedestrian beg buttons required to cross the street, and the interminable bicycle red lights that give drivers clear priority over people on bikes on a street that’s supposed to serve everyone.

LADOT has promised they’re still fine-tuning the street, but I’m hearing complaints that too many compromises were made to get everyone to sign off on the My Figueroa project.

Let’s hope they get it fixed before Angeleno bike riders write off the remade Figueroa as just another incomplete, auto-centric LA street.

Meanwhile, nothing has been done at all on North Figueroa, which remains just as deadly as ever.

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It’s been awhile since we’ve heard from our anonymous OC correspondent, who checks in today with a number of updates on outstanding court cases.

Along with a little justified criticism of yours truly.

Hi, here’s a few overdue updates on OC cases, along with some typical ranting.

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(Alleged) murderer Justin Scott German was released from custody on August 10th on $1mil bond. His preliminary hearing is tentatively scheduled for September 17th. No surprise that this bartender was on probation for DUI at the time of the killing.

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Baby-faced rager Pratiti Mehta is facing a slew of charges: unsafe right turn, unsafe lane change, unsafe operation of a motor vehicle causing injury, hit and run causing injury, and oh yeah, ASSAULT WITH A DEADLY WEAPON with an enhancement for great bodily injury. And since her fleeing ass provided false information to the investigating officers, there’s another charge.

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The Rita Faye McLaughlin case drags on and on and on. Last fall, I skipped a “pretrial” hearing. Turns out, it wasn’t yet another pretrial. It was the victim impact hearing. The victim’s siblings and daughter were there, and Rita Faye was supposed to plead. But she changed her mind. The jury trial was scheduled to begin on the 16th, but has been delayed again.

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Jason Roy Rocha‘s case is also dragging. There will be no good outcome; he needs extensive mental health maintenance and he needs to be permanently banned from operating a motor vehicle, but neither of these things will happen.

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Taylor Russell Evans pleaded guilty in June and is currently serving 364 days in County. His prelim on June 11th was canceled because he accepted a plea bargain, and sentencing was the following week (I skipped both because I had that gimongous facial hematoma)*. He’ll probably be out by Thanksgiving, and his victim will probably still be dead.

*(Editor’s note: Our correspondent was hit by a driver while riding, suffering what the police consider minor injuries.)

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Not bike collisions, but Bani Duarte, who was interrupted by officers as she was packing her suitcase to flee the country, will be allowed out if she raises $4mil bail.

And imagine if Garrett James McKinnon injured 12 people in two separate firearms incidents, instead of using a car.

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Can you stop lauding the OCDA sooo highly? I remind you that killer Becki Lee James was acquitted after she ran down a cyclist, from behind, in broad daylight, inside a 23′ lane, even though her victim was riding in the door zone. The deputy DA at the trial sprawled out in his seat like Dwight the Surly Teen and was clearly irritated to be in the courtroom. The DA absolutely failed to provide the level of prosecution the case deserved, and James is still out there driving around.

Young Dylan Rand-Luby served his 90 days in the cushy pay-to-stay section of Santa Ana’s jail, and is going on about his life.

I was sooo hopeful that the OCDA’s Vehicular Homicide Team would be be brave enough to set some precedent and prosecute on murder/DUI-marijuana charges, but they’ve decided not to go for murder, and so far there are no charges at all.

There’s more, but we’ll save it for another day.

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BikinginLA sponsor Josh Cohen offers a good explanation of California’s comparative liability law, which could cut the amount you receive in any settlement if a jury finds you’re partly at fault in a crash.

On the other hand, it could also allow you to receive something, even if you’re the one who screwed up.

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Local

The Los Angeles Public Library has a bouncing baby bakfiets book bike, which was donated to the Baldwin Hills branch by the LACBC.

LADOT and CD3 Councilmember Bob Blumenfield are hosting a public workshop to discuss street improvements for Winnetka Ave between Vanowen St and Victory Blvd next Wednesday.

Bloomberg says forget vaporware tech promises, and just build a decent sidewalk that would allow fans to walk to Dodger Stadium.

A bill just signed by Governor Brown will allow the County of Los Angeles to develop a program to get employers to encourage their workers to use alternative forms of transportation, including bicycling.

 

State

No surprise here, as the San Francisco driver who allegedly admitted he was drunk after running down and killing a bike rider has pled not guilty, with his attorney calling it just a “tragic accident.” He faces a murder count due to two previous DUI convictions, which led to a warning under state law that he could be charged with murder if he killed someone while under the influence.

San Francisco bike advocates want to end the city’s cap on bikeshare ebikes.

Police in Elk Grove turned to Facebook to find the owner of a Colnago Extreme C racing bike after busting a burglar. Seriously, register your bikes, already. It doesn’t cost anything, and will give police a much easier way to find you if something like this happens.

 

National

The national Vision Zero Network says it will focus on managing and reducing speeds, while defending the program against cities that treat it like a tag line or a PR campaign. Like Los Angeles, for instance.

Bicycling says bicycling — lower case — is the best way to banish the blues. Unless, of course, you’re sad because you can’t ride for some reason, in which case you’re screwed.

A writer for Bicycling says keep your feet out of our bike lanes.

DIY advice on how to wall mount your bike.

Portland’s Community Cycling Center is looking for a new Director of Equity, Engagement and People.

A Utah man suffered cuts and bruises, and broken glasses, when he was assaulted by a bike rider who objected to the man’s dogs being off-leash on a shared use trail. Seriously, just… don’t. No matter how justified you may think your anger is, violence is never the answer.

No bias here. A Colorado music professor is being blamed for a fatal suicide swerve into the side of a passing tanker truck. A more likely explanation is the truck driver passed too close at too high a speed, in violation of the state’s three-foot passing law, and the victim got sucked into the truck’s slipstream.

The subway apocalypse predicted for New York when the L-train shuts down for 15 months of maintenance next year could be a boon for buses and bicycling in the city.

A group of DC Eagle Scouts just earned their bicycling across the US merit badge.

This is how Vision Zero is supposed to work. DC is fixing a bike lane and intersection where a bike rider was killed earlier this summer.

Arlington VA is conducting a trial next month to see how well bicycling volunteers can deliver emergency supplies and messages following a disaster. But oddly, they’re charging people to participate.

A North Carolina newspaper says if the city is bike friendly, where are the bike lanes?

 

International

The Guardian says urban walking could save humanity.

Bike riding is growing in Toronto, even as the BBC calls it the worst city in the world for bicycling.

London’s Scotland Yard has developed a “shocking” 360° virtual reality film to show the dangers of riding a bike near large trucks.

A member of the British Parliament accepted an invitation to ride with a bicyclist after his Conservative party sent out a since-deleted tweet promising a crackdown on dangerous bicycling. Many, if not most, of LA’s elected officials agreed to meet and ride with bicyclists when they filled out candidate questionnaires from the LACBC, but to the best of my knowledge, no one has ever held them to that. Maybe we should change that.

Seriously? A UK study shows Millennials are spending more on hobbies, including bicycling, than their elders, because they have to have the latest fashionable gear and most up-to-date equipment. Which is the exact opposite of most bike riding Millennials I know, but sounds like a lot of older riders.

A pair of British men now officially own the world record for circumnavigating the globe by tandem, riding over 18,000 miles in a little more than 290 days. Speaking of which, tandems are in again.

This is why you have to ride carefully around horses. A woman in the UK suffered a punctured lung when a bike rider tried to pass between her horse and the curb without announcing his presence. Seriously, equestrians can be self-righteous jerks when it comes to demanding exclusive rights to trails and bridges, but both rider and mount can be seriously injured if the horse gets frightened.

The London driver caught on video deliberately swerving at a group of bike riders wasn’t lying when he said the car was stolen; he faces multiple charges for car theft and driving without a license.

A new British government program will spend the equivalent of $645,000 to train driving instructors to teach bicycle awareness to their students.

 

Competitive Cycling

The Continental Jelly Belly-Maxxis team could be on its way out after 18 years, after Jelly Belly announces it’s pulling out at the end of this year.

An Indiana mountain biker is still winning races after 25 years.

 

Finally…

Apparently, you ride like a moose. An injured goose’s goose isn’t  cooked, thanks to a pair of bike riders.

And evidently, there were no major advances in road bikes before 1948.

 

Juries, Judges and Your Bike Crash

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

Jury box

This may well be the most controversial blog post I’ll ever write. It’s likely that many of you are going to hate reading this. Some of you will tell me that what I say here isn’t fair and that I’m blaming the victim.

Be assured, I’ve represented many bicycle riders in bike crashes and I know as well or better than anyone how the system is stacked against them. As to fairness, well, it isn’t fair that I don’t have the same head of hair that I had as a younger man either, but that’s the way it is.

What I’m going to tell you is the hard truth. It’s not fair, but it IS an undeniable, regrettable fact: many people have strong, negative feelings about cyclists. If you are in a bike crash and it goes to trial, the judge and/or jurors will probably not be cyclists.

Though the people on your jury and the judge presiding over your trial have probably encountered hundreds – if not thousands – of law-abiding bicyclists, those aren’t who they remember. They remember the helmetless cyclist who cut them off or rode through a red light and saluted them with a middle finger as they blew by. It’s always that “one” ne’er-do-well who people remember.

The U.S. Bicycling Participation Benchmark Report, commissioned by People for Bikes, reported that though the number of Americans ages 3+ who rode a bicycle last year is larger than had been previously thought, 30% of these cyclists rode 5 days or fewer in 2014.

The chance of getting a cyclist on your jury or a judge is probably even worse when you add the number of seniors who willingly sit on juries. (Think of that the next time you attempt to get out of jury duty or complain about being called for jury duty.)

The result is that the judge and jurors, more than likely, are going to be people who are biased against cyclists. When I am questioning potential jurors in a bicycle case, some of the most common comments I get from people are:

  • Bike riders ride recklessly, not stopping at red lights or stop signs.
  • Bike riders should ride on the sidewalk and stay out of traffic.
  • Bike riders ride too fast on the sidewalk.
  • Bike riders ride in car lanes, sometimes side-by-side or as a group, which interferes with traffic.
  • Roads are for cars, not bikes.

You know all this. If these things have never been said to your face, you’ve read them in comments on articles and posts on social media.

These are the people who are going to decide your legal case. Their inclination is going to be to blame YOU – the cyclist – for your own “accident.” Furthermore, insurance adjustors and defense attorneys know this, and they are going to cater to this bias.

It would be nice if more people understood the rules of the road. “Fair” doesn’t enter into the equation. In a trial, we have to deal with the hand we’ve been dealt, and in most bike crash trials, it’s contending with the prejudice against our cyclist client.

To be successful in trial it is critical for your trial lawyer to understand how people perceive you. As a trial lawyer, I have numerous strategies I utilize to attempt either to overcome this bias or to focus the jurors on the person the cyclist is, not his/her activity. I want the juror to see the cyclist as a person who has more in common with the jurors than s/he has different. An experienced trial lawyer utilizes specific strategies in every part of the trial, from jury selection at the beginning of the trial to how jury instructions are crafted near the end of the trial, and everything in-between.

I believe we can change these preconceptions, but it isn’t easy, and it isn’t going to happen tomorrow, next month, or even next year.

As a cyclist – whether you ride for recreation or as a commuter – you can be part of the solution. Here are some suggestions:

  1. Join the Los Angeles County Bicycle Coalition and your local bicycle advocacy organization. Even better, get involved. These people are on the frontline of change. At the very least, sign up for the LACBC’s e-newsletter (no membership required) and join these advocacy organizations’ Facebook pages. (And in a shameful plug, “friend” the FB Pocrass & De Los Reyes Bicycle Law page, too.)
  1. I suggested above that you join your local advocacy organization. Many of these are chapters of LACBC, all of them work together. Almost all cities have such organizations, including Claremont, Pomona, the Eastside, Santa Monica, Beverly Hills, Santa Clarita, and many more.
  1. Join the California Bicycle Coalition, our state-wide organization that is instrumental in lobbying for biking conditions and laws for California cyclists.
  1. Get involved with SAFE (Streets are for Everyone). The nonprofit advocates for changes in the law to make streets safe for bicyclists, motorcyclists, pedestrians, skateboarders, and everyone else.
  1. Know and follow the Rules of the Road. The LACBC has a wonderful wallet-sized brochure that explains what these are. They are available at every event attended by the LACBC. The organization also is offering FREE bicycle safety classes through the end of September throughout the Southland. Don’t be that one cyclist who will be burned into the brain of those who come in contact with him/her for his/her bad behavior.
  1. Cyclists over the age of 18 are not required by law to wear a helmet when they ride. We strongly urge you to wear one, regardless of your age. The obvious reason for wearing a helmet is that it very likely increases your chances of surviving or limiting brain injury should you crash. A less obvious reason is that not wearing one adds to the jurors’ and judge’s biases that you SHOULD HAVE BEEN wearing a helmet and if you had been wearing one, it would have protected you so your injuries “are your own fault.” (Don’t kill the messenger, please. I said I was going to talk reality here.)
  1. Think before you post on social media. Specifically, insurance companies and defense attorneys troll your social media accounts to see what can be used against you. What you write on social media will come back if you’re ever a plaintiff in a jury trial. Generally, furious posts filled with expletives (I understand the urge, believe me), reinforce non-cyclists’ attitudes about the “arrogance” of cyclists.
  1. Educate the non-cyclists you know. Back up your arguments with facts and statistics. Try to be calm and rational in the discussion, but the one-on-one discussions are the best way to change perceptions. Remember, no one goes out to kill someone with their car (okay, almost no one), but most drivers are angry because they’re scared. No one taught them how to share the road. No one taught them how to drive sharing the road with a cyclist. You can say that’s not your problem, but the truth is, it’s everybody’s problem.

Often when I read bikinginla.com and see the slap on the wrist so many drivers get for hitting cyclists, I am frustrated by the slowness of the process to eliminate cyclist bias. But it’s coming, and by working together, I believe we can make it happen.


 

Jim Pocrass Trimmed

Jim Pocrass, Pocrass & De Los Reyes LLP

For more than 30 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 or visit www.pocrass.com.