Archive for bikinginla

Make Sure You’re Protected Before You Need To Be

March 5, 2014 / / 5 comments
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 

 

I recently represented a cyclist who was the victim of a hit and run accident that broke almost every bone in his body and caused traumatic brain injuries. The driver of the car turned out to be a 19-year-old woman who was driving drunk. She claimed not to have known that she hit my client, in spite of his leaving nine teeth in her SUV’s back seat.

My client’s medical bills were astronomical and because of the brain injuries, his life would never be same. The compensation my client received from this case would be his primary source of income for the rest of his life. The woman’s insurance company wanted to settle the claim for “policy limits,” which is the maximum amount they are required to compensate a victim of serious personal injuries or even a wrongful death.

Policy limits is how much insurance you bought in a specific category. In California, you are required to carry car insurance of $15,000 per person for bodily injury liability; $30,000 per accident, which covers all persons hurt in one accident; and $5,000 for property damage liability for one accident. It is likely that your insurance policy includes a minimal amount of uninsured and under-insured auto insurance, but rarely is it a significant amount.

If you suffer catastrophic personal injuries or a family member is lost in a wrongful death due to a motor vehicle accident (car, bicycle, motorcycle, truck, bus, boat), your damages (medical and economic) could cost hundreds of thousands – or even millions – of dollars.

The person who was negligent is responsible for your damages. (In some cases, negligence may include one or more companies or a public entity like the state or a county, but for the purposes of this article we are focusing on individual drivers.) Their insurance company will cover those damages only to the limits of the individual’s insurance policy.

If the person who caused your accident owns a house or other property, you may be able to recover some monies from them after a long and expensive court process. You might even be able to garnish any money they earn or receive in the future.

But many drivers own nothing – or not enough – to ever come close to compensating you for your injuries or for your lost loved one.  You will be on your own to pay your medical and therapy bills, to subsidize your living expenses either for the short or long-term, to pay childcare expenses, and to replace your destroyed property.

The best way to protect yourself from this disaster is to carry as much uninsured and under-insured auto insurance as your insurance company will permit you to buy. The cost is pennies on the dollar.  The more you have to lose (meaning the more you own or could own in the future), the more uninsured and under-insured auto insurance you should have.

Uninsured and under-insured auto insurance protects you when you are hit by a driver who has no insurance (and a Los Angeles County sheriff told me recently that in approximately 50 percent of all motor vehicle accidents he sees the driver is uninsured). It also kicks in when you reach the maximum the OTHER driver’s insurance will pay. It compensates you for the difference between what the other driver’s policy limit is and the actual compensation you need to recoup from the damages caused by the accident.

Uninsured and under-insured auto insurance also protects you if you suffer serious personal injuries (or worse) in a hit-and-run accident. With the frightening rise in hit-and-runs, it is critical that you protect yourself.

In my client’s case, I was able to negotiate additional monies from the woman’s family. Though I was able to recover a multi-million dollar settlement for this client, it is still nowhere near what he should have received considering the damages she inflicted on him and for which he will have to live with for the rest of his life.

My hope for you is that you never need to use your uninsured and under-insured auto insurance, but I urge you strongly to get as much uninsured and under-insurance auto coverage that your insurance company will allow you to purchase, before you need it.

*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.*

*sponsored post

Category: Bikes & the Law, Bikes Have Rights, Guest Columns / Tags: , , , ,

Morning links: Lurking storm debris, a victory for our southern neighbors, and LA kills the Marathon Crash race

March 4, 2014 / / 5 comments

Let’s catch up with some of the recent news.

……….

A Burbank writer reminds us that dangers can hide in a seemingly innocuous pile of wet leaves. Meanwhile, Patrick Pascal send photographic proof of the damage and debris lurking on area bike trails following last weekend’s storm.

Post-storm debris on the LA River bike path; photo by Patrick Pascal.

Post-storm debris on the LA River bike path; photo by Patrick Pascal.

……….

So, neither Santa Monica Spoke’s Cynthia Rose or BikeSD’s Sam Ollinger won the award for Bike Advocate of the Year, which went to Nelle Pierson of the Washington Area Bicyclist Association.

On the other hand, the organization Ollinger founded won for Advocacy Organization of the Year.

Maybe next year they’ll have an award for bike news/advocacy website of the year. It could happen.

……….

Bad news, as the annual — and extremely popular — Marathon Crash Race has been cancelled at the demand of city officials, despite repeated efforts to work with the city. Shockingly, after a year of planning, Bureau of Street Services officials threatened organizers with arrest if the ride went on as planned.

Oddly, I didn’t know BSS had the authority to arrest anyone. Or that they were running the city now.

Who knew the city was going to become leo much ess fun and bike-friendly under the Garcetti administration?

It should also be noted that the Marathon Crash Race only came into existence after 2009 when the new owner of the LA Marathon, Frank McCourt, cancelled the popular Los Angeles Bike Tour that had proceeded the marathon since 1995.

Maybe the real bad guy here is the very rich, influential and extremely unpopular former Dodgers owner.

……….

Flying Pigeon hosts the monthly Spoke(n) Art ride this Saturday; the same day, the Ballona Land Trust is hosting a bird-watching bike ride on the Ballona Creek bike path and Ballona Wetlands.

A memorial service was held last week for fallen cyclist and Cal Poly Pomona student Ivan Aguilar. Nice to see he hasn’t been forgotten, and that real changes are being made to improve bike and pedestrian safety on campus.

Here’s your chance to offer your input on the draft Newport Beach Bicycle Master Plan.

It’s been a bad few days in San Diego, as a bike rider gets stabbed following an argument on a trolley platform, and another rider suffers life-threatening injuries in an apparent solo fall.

Temecula’s Sarah Hammer wins her second consecutive world omnium title at the UCI Track World Championships.

Red Kite Prayer asks if it’s too soon to forgive Levi Leipheimer and other members of Generation EPO. I have an unopened poster autographed by Leipheimer that I can’t decide what to do with since it’s sure as hell not going on my wall.

Advice on how to ride comfortably in the rain. I used to regularly ride in the worst weather until one day it occurred to me I didn’t have to; hats off to those who do.

People for Bikes says every cyclist riding on a sidewalk is a vote for a protected bike lane, which says a lot about Northeast LA.

Topeka could raise its draconian 5 mph speed limit for bikes on the sidewalks; I have a hard time riding mine that slowly without falling over.

Why Virginia cyclists are screwed by a system that treats scofflaw riders equally to dangerous drivers.

The Guardian goes on a search for the most bike-friendly metropolis, and finds the US still coping with the aftermath of the not-so-swinging vehicular cycling ‘70s.

A long-time London bike shop has stopped allowing customers into the store without first passing through a reception area to stop people from shopping in the store and then buying online. Yes, you may be able to save money online, but it will cost you in service for the life of your bike.

A 94-year old UK rider is killed in a collision with a car — just 100 yards from where his brother was killed in 1945.

Road raging South African cyclists are caught on video attacking a van driver. Seriously, don’t do that.

Not surprisingly, Aussie women prefer safer riding routes; on the other hand, a Kiwi cyclist says ban cyclists from a popular trail.

Finally, thanks to former pro cyclist Phil Gaimon, your next riding jersey could implore drivers not to run you over.

I could have used that one myself awhile back.

Category: Morning Links / Tags: , , ,

An open letter to the Beverly Hills City Council

March 4, 2014 / / Comments Off on An open letter to the Beverly Hills City Council

I had planned to attend tonight’s meeting of the Beverly Hills City Council to voice my support for bike lanes on Santa Monica Blvd through the city, closing the gap between existing lanes in West Hollywood and Century City when the street is reconstructed next year.

Unfortunately, I am unable to attend tonight. So I’d like to share my thoughts with the Council Members here.

……….

Dear Beverly Hills City Council Members,

I am not a resident of your city.

Yet I frequently find myself traveling through Beverly Hills on my way to meetings in Downtown LA, whether by bike, bus or car. Whenever possible, I prefer to travel by bicycle; I find it more convenient, safer and less stressful than other means of travel.

With one major exception.

The journey through Beverly Hills is usually, by far, the most dangerous part of my trip.

That is not to say that some parts of my trip through the city aren’t safe and enjoyable. The bike lanes that were recently painted on Burton Way are among the best in the LA area; wide enough to keep riders out of the door zone, while moving us safely out of the way of traffic.

The problem is getting to them.

When travelling east from Century City, cyclists have only a handful options to pass through Beverly Hills.

Olympic Blvd is a high speed thoroughfare much of the day, yet dangerously over-congested during the long rush hour periods, safe for bike travel only at night or on weekends.

Charleville Blvd is a safer alternative, though it forces cyclists to either stop at every intersection or flaunt the law in order to conserve energy, while dodging impatient drivers unwilling to share the road. But it takes riders too far south to connect with those bike lanes on Burton Way.

Wilshire Blvd is simply too congested, dangerously unridable most of the day.

Little Santa Monica through the Golden Triangle connects directly with the Burton Way bike lanes, but the narrow traffic lanes force cyclists to ride directly in front of aggressive, and too often, angry motorists. It is an unpleasant place to ride during the day, and dangerous at rush hour.

As a result, many riders prefer Santa Monica Blvd, even though it currently offers a cramped space for cyclists next to traffic that can vary from high speed to severely congested, often in a matter of blocks. And puts riders at risk of being cut off by frequent buses and both left and right-turning vehicles, whose often out-of-town drivers aren’t looking for bicycles on such a busy street.

Carmelita and Elevado Avenues offer much more pleasant options, but again have the disadvantage of having stop signs on every block, and are too far north to provide a viable alternative for most riders.

We need a safe route through your city. We need bike lanes on Santa Monica Boulevard.

By installing bike lanes on Santa Monica, you will provide bike riders with a safe, convenient route through the heart of Beverly Hills, while creating a single, nearly continuous bikeway from the 405 Freeway to east of La Cienega in West Hollywood. The resulting Westside bikeway will bring bike riders — and their spending power — into the heart of Beverly Hills.

Meanwhile, pass-through riders will be easily able continue on to West Hollywood or Century City, or drop down a single block to connect with the bike lanes on Burton Way.

In addition, you will improve safety and traffic flow on Santa Monica by moving cyclists out of the way of traffic — not just on Santa Monica, but on all the streets mentioned above, as cyclists will be encouraged to take Santa Monica rather than streets like Charleville or Little Santa Monica.

In fact, studies have shown that painted bike lanes reduce injuries for all road users by as much as 50% — and up to 90% for protected bike lanes. Bike lanes also act as traffic control devices by channelizing both cyclists and motorists into their own separate spaces and encouraging compliance with traffic regulations.

And bike lanes are a vital step in transforming Santa Monica Blvd from today’s traffic-congested barrier blocking access to the rest of the city, to a complete street that will enhance livability for residents and encourage the tourism local businesses depend on.

Best of all, next year’s planned reconstruction of the boulevard provides a rare opportunity to implement bike lanes at virtually no additional cost, saving future generations the cost of adding them later to correct your mistake if you fail to vote in favor of them tonight.

In fact, a vote in favor of bike lanes creates a unique opportunity in which everyone benefits — motorists and residents, tourists and businesses owners. As well as bike riders who want to pass through the city, and those who want to stop and frequent the city’s many shops and cafés.

I urge you to do the right thing. And cast your vote tonight for a better, safer and more livable future for everyone who lives, visits or passes through Beverly Hills.

Sincerely,

Ted Rogers
BikinginLA.com
Category: Advocacy & Politics, Streets and Infrastructure / Tags: , , , ,

Update: Chula Vista bike rider killed by drunk driver in stolen car

March 3, 2014 / / 8 comments

A drunk driver. A stolen car. A dead cyclist.

A San Diego area bike rider has lost his life at the hands of a criminal apparently too drunk to control the car he stole.

According to the San Diego Union-Tribune, 29-year old Michael Reyes was traveling westbound on Chula Vista’s East J Street at Dennis Avenue around 4:15 pm Monday when he somehow crossed into oncoming traffic. He hit cyclist head-on before crossing over the sidewalk and crashing into a utility pole.

Reyes allegedly admitted to the police that he had been drinking, and that the silver Nissan Maxima  he was driving had been stolen earlier that afternoon. Inside the car, police found property that appeared to come from other car burglaries.

The 44-year old bike rider, who has not been publicly identified, was taken to UC San Diego Medical Center where he died.

There was nothing the victim could have done to avoid the collision. He does not appear to have done anything to contribute in any way to his own death, other than being in the wrong place at the wrong time, sharing the same planet with a drunk on a crime spree.

If there is any justice, his killer won’t be back behind the wheel of any car, stolen or otherwise, for a very long time.

This is the 20th bicycling fatality in Southern California this year, and the first in San Diego County. This is also the fourth cyclist killed in Chula Vista since 2012.

My deepest sympathy and prayers for the victim and his loved ones.

Update: The victim has been identified as 44-year old Chula Vista resident David Voight. According to San Diego’s 10News, Voight was a regular bike commuter, and was just eight blocks from his home when he was killed. 

Category: Bicycle Safety, Injuries and Fatalities, Violence & Crime / Tags: , , , , , ,

Update: Corona mountain biker found dead after being lost overnight

March 2, 2014 / / 30 comments

This is why you don’t ride off road in threatening weather.

Word broke last night that a bike rider was lost in the Cleveland National Forest above Corona; today rescuers found 34-year old Corona resident Andres Marin’s body North Main Divide Road in Orange County.

Weather Saturday’s severe storms played a role in his death was unclear, however, they delayed rescue attempts by 12 hours until conditions improved.

According to the Press-Enterprise, Marin had gone out for an 18-mile ride on the Skyline Trail above Corona, intending to return home Saturday afternoon — tragically, to celebrate his birthday.

Unfortunately, he failed to return.

The paper reports that his wife posted on Facebook that he called around 5:15 pm, saying he was injured and didn’t know where he was. She said his words sounded slurred and he seemed disoriented.

The Temecula Grapevine website says he was going to try to make it out of the mountains before dark. When he did not return, a search was initiated at 5:45 pm.

Using trail maps and cellular towers, rescuers were able to identify his probable location as the southwest side of the Skyline Trail, according to the Riverside County Sheriffs Department. Unfortunately, that could not be confirmed, and attempts to contact Marin were unsuccessful.

Bad weather kept rescuers from accessing the trail and prevented the use of helicopters. However, by 6 am Sunday, weather conditions had improved enough to allow a search to begin.

Unfortunately, Marin’s body was found around 10 am on an Orange County Section of North Main Divide Road; no cause of death was reported pending further investigation.

According to his Facebook page, Marin died just 17 days before his 14th anniversary; he leaves behind four children.

This is the 19th bicycling fatality in Southern California this year, and the 4th in Orange County already this year.

My deepest sympathy and prayers go out to Andres Marin and all his family. 

Update: As Anthony Ryan pointed out, it is also unwise to hike or bike in the backcountry alone. A riding partner can often help you get out safely or go for help if something goes wrong.

Update 2: The Press-Enterprise has updated their story to say Marin had left at 7 am Saturday on an 88-mile ride, which his wife said he had done before, rather than the 18-miler initially reported. 

In addition, she reports authorities were initially confident Marin would survive the night, despite his thin riding clothes and lack of food. Hypothermia is the suspected cause of death, likely due to being caught in the heavy rain overnight.

Update 3: The Press-Enterprise quotes Marin’s wife, Christyna Arista, as saying she was angry about the delay in rescuers going out to look for Marin. 

According to the paper, Arista and a group of volunteers set out at 3:45 am to look for him, against the advice of sheriff’s deputies. Another volunteer found Marin’s purple-hued body, still seated on his bike leaning against a hillside, with his feet on the pedals.

Sheriff’s officials explained their decision to wait based on adverse conditions.

Sheriff’s Lt. Zach Hall said ideally, the department would have sent a helicopter to follow the approximately 53-mile route that Marin, 34, had planned to follow along Skyline Trail, Main Divide Road and Indian Truck Trail.

But the steady rain that night prevented the helicopter from flying, Hall said. Rescuers also ruled out using motorized vehicles that normally would be able to navigate the dirt road because Friday’s heavy rain left the clay soil too slick. The conditions also made hiking to wherever Marin might have been dangerous.

“We could have set up ourselves for a self-rescue. I would not have sent people up there to get hurt,” Hall said.

His wife also confirms that Marin told her he had fallen; while he was found with just minor cuts and scratches, her description that he was lost and slurring his words during the call suggests a significant head injury.

The paper reports Marin had just bought the bike he died on two weeks earlier, and there was no discussion of postponing the trip — even though an employee at a local bike shop said the route, with a 4,000 foot elevation gain, would have been unridable after Friday’s storm.

Update 4: Marin’s wife, Christyna Arista, invites everyone to view her Facebook page to keep up with the latest information. And a fund has been established to contribute to the family in their hour of need.

Category: Bicycle Safety, Injuries and Fatalities / Tags: , , , ,

Bike Events: Fix-A-Flat clinic, Bike Oven fundraiser, Bike Touring 101, Join The Ride tour and an LA River pop-up

February 28, 2014 / / 2 comments

Note: Some of the weekend events may be cancelled due to rain; check with the sponsor to verify the event is still being held.

Bike Talk airs every Saturday at 10 am; listen to it live or download the podcast from KPFK.

Bike Long Beach hosts Bike Saturdays every weekend; ride your bike to participating local shops and business throughout the city to get special offers and discounts.

The Los Angeles Bicycle Advisory Committee, the city’s only official voice for bicyclists, meets on the first Tuesday of every even-numbered month; the next meeting takes place at 7 pm on Tuesday, April 1st at 6501 Fountain Ave.

The Bicycle Kitchen hosts a fix-a-flat clinic today, Saturday March 1st from 10 am to noon, 4429 Fountain Ave.

The 2nd Annual Bike Oven Fundraiser Auction takes place on Saturday, March 1st from 5 to 10 pm, 3706 North Figueroa St. Donations of any kind are welcome, from auction items to refreshments.

Stan’s Bike Shop is hosting Bike Touring 101 on Saturday, March 1st at 3 pm, 880 Myrtle Ave in Monrovia. Experienced bike touring gurus Johnny Lam and Errin Vasquez will offer advice on what to take and what not to, as well as how to pack for your adventure.

LA DOT, Enrich LA, Cafecito Organico & Let’s Be Frank Dogs and the Juice invite you to join them for a bike-oriented day on the LA River with the Pop-Up LA River Café: Activate from 8 am to 2 pm on Sunday, March 2nd. Ride your bike or rent one there, 3048 N. Coolidge Ave, mile marker 24.7 on the LA River bike path.

The Women’s Cycling Association invites you to their JoinTheRide Tour at 10 am on Sunday, March 2nd with rides of 27 and 41 miles, open to both men and women. The rides start and end at Pedaler’s Fork, 23504 Calabasas Road in Calabasas, with catered lunch to follow.

The Pomona Bicycle Master Plan comes before the city council for a hearing starting at 7 pm this Monday, March 3rd at Pomona City Hall, 505 S. Garey Street.

The formal recommendation to include bike lanes on a rebuilt Santa Monica Blvd in Beverly Hills goes before the city council on Tuesday, March 4th, at 7 pm; 455 North Rexford Drive. If you ride through Beverly Hills — or would like to — be there to fight to complete the missing link between the Century City and West Hollywood bike lanes.

Not everyone bikes, or even drives. But everyone walks. So consider joining in the March Fourth Pedestrian Day of Action from 4 to 7 pm on March 4th (get it?) at Alameda and Los Angeles Streets, across from Union Station.

Bicyclists are encouraged to attend a court hearing for Wendy Villegas, the driver charged in the alleged drunken hit-and-run that resulted in the death of cyclist Andy Garcia, and seriously injured two others. The hearing is scheduled for 8:30 am on Thursday, March 6th in Division 37 of the Downtown courthouse, 210 West Temple Street.

Sunday, March 9th marks the return of the LA Marathon — and the world-famous Wolfpack Hustle: The Marathon Crash Race. As always, the ride meets at 3 am at Tang’s Donuts, 4341 W Sunset Blvd, rolling at 4 am through the closed marathon course to the coast.

The San Fernando Valley Bike Club offers a twice monthly Campagni Group Ride — Italian for companion — on the second and fourth Sunday of every month; the next ride takes place on Sunday, March 9th. Click here for more details (footnote d); lots of other great sounding rides on the list, too.

Join C.I.C.L.E. on Friday, March 14th for the ArtNight Pasadena ride to some of the city’s best museums, galleries and exhibits. The ride meets at 6:30 pm at Memorial Park Pasadena, Raymond Ave and Holly Street, departing at 7 pm.

C.I.C.L.E. hosts The Way Back When Ride: La Puente, co-sponsored by Metro and Bike SGV, on Saturday, March 15th. The family-friendly, leisurely paced ride meets at 10:30 am at the Park-N-Ride Lot at Stafford Street and Glendora Avenue in the City of Industry, rolling at 11 am.

Also on Saturday, March 15th, give your legs a test with the annual Malibu Seven Canyon Classic, with routes ranging from 50 to 100 miles, including a new fast, flat route along the coast. All rides start at 8 am.

Ride to support LA cyclist Albert Soto in his battle with cancer on Saturday, March 15th. Meet at La Placita Olvera- La Golondrinas across from Union Station in Downtown LA at 11 am, rolling at noon.

The Encino Velodrome is hosting a Bicycle Swap Meet and Fun Race Day on Saturday the 15th, 17301 Oxnard Street.

Finish up the day with the first Streetsblog fundraiser of the year from 6 to 9 pm on Saturday, March 15th as they honor Streetsie Award winner Paul Backstrom, Transportation Deputy to Westside Councilmember Mike Bonin. The event, with a suggested donation of $100, will include Indian food, beer, wine and non-alcoholic beverages; location provided upon RSVP to Damien@streetsblog.org.

The City of Los Angeles will host a series of neighbor workshops to collect feedback on the Mobility Plan 2035, re:code LA and the Plan for a Healthy Los Angeles; the Mobility Plan especially will impact the future of bicycling in the city. Click here for addresses and other information (pdf).

  • North Los Angeles, 9 am to noon on Saturday, March 15th
  • Central, 5 to 8 pm on Wednesday, March 19th
  • South Los Angeles, 9 am to noon on Saturday, March 22nd
  • East, 9 am to noon on Saturday, March 29th
  • West, 6 to 9 pm on Wednesday, April 2nd
  • South Valley, 9 am to noon on Saturday, April 5th
  • Harbor, 10 am to 1 pm on Saturday, April 12th

Mark your calendar for Saturday, March 22nd from 11 am to 3 pm when Swrve, LA’s favorite non-spandex bikewear manufacturer hosts a warehouse sale; location TBD.

Test your legs against the city’s best with the annual Fargo Street Hill Climb sponsored by the Los Angeles Wheelmen on Sunday, March 23rd at 9 am. The Eastside Bike Club and Stan’s Bike Shop are hosting a ride to the event, meeting at Stan’s Bike Shop, 880 Myrtle Ave in Monrovia; meeting at 7:30 am and rolling at 8 am.

The LACBC’s Civic Engagement Committee meets on the last Tuesday of every month to discuss how bike riders can influence the political process. The next meeting rescheduled for Tuesday, March 25th, at 6:45 pm, 634 S. Spring Street in Downtown LA.

Lovers of Bikes & Beers should head to San Diego on Saturday, March 29th. The $45 event offers four start times, from 9:30 am to 11 am; the 26 mile ride will feature stops at some of the city’s best brew houses.

The 30th annual Redlands Bicycle Classic rolls from Wednesday, April 2nd to Sunday, April 6th offering some of the nation’s best amateur and professional bike racing.

The National Open Streets Summit is scheduled for Friday, April 4th through Sunday, April 6th at the Line Hotel, 3515 Wilshire Blvd in Los Angeles.

The next CicLAvia is scheduled for Sunday, April 6th on iconic Wilshire Blvd, LA’s historic main street. The free event rolls and walks from Downtown to the Miracle Mile with expanded hours from 9 am to 4 pm.

Fans of the Amgen Tour of California can ride the same official Stage 8 course the pros will when the L’Etape du California rolls on Sunday, April 6th in Thousand Oaks. Entry is limited to the first 1,500 riders to register.

Walk ‘n Rollers teams up with the LACBC to present the free 2014 South LA Kids Bike Festival on Sunday, April 13th from 11 am to 2 pm at the Foshay Learning Center, 3751 S. Harvard Blvd. The fun family event will focus on developing safe riding skills; a limited supply of bikes and helmets will be available to borrow.

The American Diabetes Association’s Tour de Cure Ship to Shore ride takes place on Sunday, April 27th at the Queen Mary, 1126 Queen’s Highway in Long Beach. Rides range from eight to 100 miles, with a $200 fundraising minimum.

On February 17th of last year, Damian Kevitt was hit by a minivan while riding his bike in Griffith Park. The driver attempted to flee the scene with Kevitt trapped under the vehicle, dragging him nearly 600 feet onto the 5 Freeway and leaving him for dead; the resulting injuries cost him a leg, and nearly took his life. On Sunday, April 27th, Kevitt is planning to finish the ride to raise funds for the Los Angeles County Bicycle Coalition and the Challenged Athletes Foundation.

The Ride 2 Recovery to benefit wounded vets returns to Southern California on Saturday, May 3rd in Thousand Oaks. The ride departs from the Lost Hills Sheriff Station, 27050 Agoura Hills Road, starting at 8 am; no cost for injured vets.

The Amgen Tour of California runs from Sunday, May 11th to Sunday, May 18th, starting in Sacramento. Three SoCal stages are planned, Friday May 16th, Santa Clarita to Mountain High; Saturday May 16th, Santa Clarita to Pasadena, and the final stage on Sunday the 18th in Thousand Oaks. There are also two women’s races scheduled, in Sacramento on May 11th and on the 12th in Folsom.

Bike Week 2014 is set to unfold the week of May 12th, with preview events on Saturday the 10th and Sunday the 11th.

  • May 10th: Get Ready and Fix Your Bike!
  • May 11th: Bicycling is for Everyone Celebration!
  • May 12th: Kick-off Bike Week LA
  • May 13th: Blessing of the Bicycles
  • May 14th: Guided Ride Day: Bike Lanes and More!
  • May 15th: Bike to Work Day
  • May 12th-18th: Bike Local Discounts

Mark your calendar for Glendale’s 2nd Annual Jewel City Fun & Fitness Ride on Sunday, May 18th, with rides ranging from seven to 45 miles.

LA’s most popular fundraising bike ride rolls on Sunday, June 22nd with the 14th edition of the LACBC’s Los Angeles River Ride. Ten rides of varying lengths, with starting points in Long Beach and Griffith Park, including two centuries, a 15-mile family ride and a free kid’s ride; discount prices available through May 27th.

Mark your calendar for the Peace Love & Family Ride for Crohn’s and Obesity in South LA on July 5th and 6th. Great cause; more details when they become available.

The year’s second CicLAvia takes place on Sunday, October 5th with a new variation on the classic Heart of LA route through Downtown LA, from Echo Park to East LA.

The first winter — or late fall, anyway — CicLAvia is also the first to roll through historic South LA on Sunday, December 7th, from the cultural center of the Southside in Leimert Park to the birthplace of West Coast Jazz on Central Avenue.

Find bike racing schedules and other cycling events at SoCal Cycling.

Category: Bike Events / Tags: , ,

Two of SoCal’s best bike advocates are finalists for national Advocate of the Year award

February 28, 2014 / / 7 comments

When I started this site, it seemed like you could count the female bike advocates on one hand.

And still have enough fingers left over for the inappropriate gesture of your choice. Wherever you chose to direct it.

Times, thankfully, have changed.

In only a few short years, women riders have risen to the ranks of the most notable advocates fighting for the rights and safety of cyclists with organizations throughout the US. As well as right here in suddenly soggy Southern California.

Two, in particular, have drawn attention for helping reshape the cities in which they live and ride. And I’ve had the privilege of watching both develop into people I would not want to meet in a metaphorical dark alley if I stood on the wrong side of support for bicycling.

Which is not to say Santa Monica’s Cynthia Rose isn’t one of the most pleasant human beings I’ve ever had the privilege of meeting.

Hard to believe that it was only a few years ago that she was asking me for advice on how to work with city officials to improve the lot of bike riders and improve relations with police in the LA area’s city by the bay. Fortunately for all of us, she didn’t take it.

Instead, she forged her own path, building close working relationships with city officials and forming Santa Monica Spoke — now an affiliate chapter of the LACBC — in the process. And leading to her election to the board of the California Bicycle Coalition.

Now she is one of the most knowledgeable, insightful and persuasive advocates anywhere. And the formerly less than bike-friendly city she represents is challenging, if not surpassing, Long Beach for supremacy as the area’s top bike city.

Whenever someone says change is too hard, if not impossible, I point to Cynthia as a perfect example of what one highly motivated person can do.

And yes, I know it’s not polite to point.

On the other hand, San Diego’s Sam Ollinger is a force of nature.

I first got to know Sam as a fellow blogger who I often linked to as she covered the nascent bike scene in our neighbor to the south with rare passion and intelligence.

It was enough to get her an invitation to join the board of the local bicycle coalition, just as it did me a seeming lifetime ago. But she soon found herself butting heads with the entrenched interests of vehicular cyclists who have long dominated the city John Forester calls home.

She also asked my opinion more than once in late night emails on how she should proceed against seemingly unbearable friendly fire. Frankly, I don’t know if she ever took it.

But she quickly went from board member of the SDBC to founder of BikeSD, the city’s first and only 501(c)4 bicycling non-profit dedicated to political action.

And in the process, has helped reshape the future of bicycling in San Diego, as well as the present. Including the recent election for mayor in which both candidates came out strongly in support of bicycling.

Like Cynthia, she finds also herself on the board of the state’s leading bicycling organization.

Together, they have already significantly improved bicycling in Southern California, and are working to put their stamp on the state as a whole. And inspiring women and bicycling advocates of all stripes throughout the US.

Especially now that both are finalists for next week’s Advocate of the Year Award.

I can’t speak for any of the other nominees. But based on from my own personal experiences with both, don’t ask me to choose between the two.

Each has grown to be among the most outstanding people and bicycling advocates it has ever been my pleasure to know.

And both Cynthia Rose and Sam Ollinger more deserve the award.

If it was up to me, it would end in a tie.

……….

Speaking of Cynthia Rose, the Spoke is asking for tax deductible donations to send her to next week’s National Bike Summit 2014. Just $1500 is needed to add her voice to the national bike congress.

……….

Now for the bad news.

In an incredibly misguided decision, a California appeals court has ruled that the next distracted driver who plows into a cyclist with face firmly planted in his or her cell phone map app won’t be breaking the law.

In a case involving a Sacramento motorist, the 5th District Court of Appeal said the state’s ban on hand-held cell phone use only applies to making calls or texting, rather than using it for any other purpose.

So in theory, a driver could be looking at a phone for virtually any purpose, from texting to reading email or downloading porn behind the wheel.

And if a cop happened to spot him or her, all they’d have to do is call up their mapping app before pulling over, making the hand-held cell phone ban virtually unenforceable.

Hopefully, this case will go to the California Supreme Court where, with any luck, the judges won’t have their heads planted so far up their own posteriors.

Because this wrong-headed decision just put the lives of everyone on our streets at risk.

……….

After years of complaints from lost bike riders, LADOT promises wayfinding signs throughout the city. And offers you a chance to check them out in advance.

A writer for the Times says less parking for cars, more parking for bikes. On the other hand, the usual bike-hating letter writers aren’t so understanding.

Loz Feliz locals say they’d rather keep all their traffic lanes on the Hyperion bridge, and screw anyone who doesn’t use a car to cross it.

Better Bike offers an open letter to the Beverly Hills City Council in support of bike lanes on a reconstructed Santa Monica Blvd through the city, which comes up for a vote before the council next Tuesday.

A Santa Monica police sting helps a theft victim get his stolen bike back after spotting it on Craigslist, along with two others.

The first local non-LA ciclovia could follow Huntington Drive through the San Gabriel Valley: thanks to BikeSGV for the tip. Maybe you were photographed at one of the previous CicLAvias.

A permanent memorial was installed on the Cal Poly Pomona campus today to honor fallen cyclist and Cal Poly student Ivan Aguilar, who was killed on the campus one year ago today.

When you’re riding in Carson with meth and a concealed shotgun, don’t commit vehicle code violations, whatever that means. Thanks to Erik Griswold for the heads-up.

Cycling in the South Bay looks at who brakes for whom. Or at all.

The Santa Clarita Valley Signal reports a cyclist was injured in a collision with an SUV on Thursday. But why do they insist on putting “Cannondale” in quotation marks when they don’t do that with “Acura RDX?” Not that bikes are treated like others or anything.

More on California’s proposed vulnerable user law. Personally, I’d much rather see a modified version of the European strict liability laws, which places greater responsibility for avoiding collisions on the operator of the more dangerous vehicle.

Introducing a new line of bike-to-boardroom bicycling business attire, and creative ways to light your bike at night.

Yesterday’s road raging Portland bike rider attempts to explain himself, sort of.

Yeah, let’s blame the victim for riding on the street, not the hit-and-run driver who killed him.

It’s not the New York bike lanes that cause double parking, even if the local press thinks the ones getting the tickets are the victims. And sometimes, it’s the cops doing the blocking.

Good thing the era of doping is over, as a Venezuelan pro tests off the charts in blood screening tests.

London will spend £300 million — the equivalent of $500 million — to fix 33 killer junctions; does LA even know where the most dangerous intersections for cyclists and pedestrians are?

A shocking Chinese study shows the higher the speed at which a car is travelling, the more likely it is to kill a cyclist or pedestrian. In other surprising results, water is wet and it gets dark when you turn out the lights.

An Aussie paper calls for a 6 mph speed limit for bikes to prevent injuries to pedestrians, but doesn’t suggest a mandatory helmet law for anyone on foot. Or slowing down drivers to prevent injuries to cyclists.

Another Aussie paper says there’s no suggestion that a fatal bike crash was deliberate. So why did they suggest it?

………

Finally, a bike-hating Chicago columnist says fuck cyclists because they — we — are worse than Hitler, and no one should be on a bike if they’re older than 13.  Or rather,

Bicyclists are worse than Hitler carrying a cancer death-ray shooting puppies, playing Justin Bieber music on repeat while your cell phone has 2 percent battery.

I realize he’s trying — and failing — to be funny. He should also fail at keeping his job.

Then again, he could take lessons from the semi-literate bike hater who called London cyclists wretched “Talebans” who poison people’s lives.

Cyclists-Talebans

Seriously, you can’t make this shit up.

Category: Advocacy & Politics, Morning Links / Tags: , , , , , , , ,

Morning headlines: Another day, another three Times bike opinion pieces — and this time, they get it right

February 27, 2014 / / One comment

Wednesday was a good day for the LA Times editorial department.

First up is a ringing endorsement of the seemingly troubled My Figueroa project, which would create the city’s first complete street if the local councilmember and various bike lane-hating businesses — hello Felix Chevrolet! — would just get out of the way.

Yes, they note, the project may result in some traffic congestion until motorists adjust their routes or adapt to other forms of transportation. But as they put it —

Mayor Eric Garcetti and the City Council should not let fears of traffic congestion turn this transformative project into another incomplete street.

Meanwhile, another writer for the Times notes that bicyclists are not the only ones who will benefit from the project.

But only if City Hall has the courage to say yes to a project that will benefit everyone. Including the people and businesses currently opposing it.

On a related subject, Times writer Paul Thornton correctly calls the city out for failing to patch the roadway before painting bike lanes.

Like the cracked and badly patched pavement the passes for a bike lane on 7th Street, which too often calls for an ice pack in a very private place by the time I get home. Over in the UK, they sue for that sort of thing.

And Cycling Unbound takes on Tuesday’s Times opinion piece that tacitly endorsed running down cyclists who have the audacity to complain about nearly getting run over.

Funny how bike riders’ instinct for self-preservation so often looks like self-righteousness to uncomprehending motorists.

……….

A high desert official says if cars can’t pass your bike safely and there’s no place to pull over, you have to get off and walk your bike.

Uh, no.

You are required to pull over and let cars pass if, and only if a) you are on road with only one lane in your direction, b) you are traveling at less than the speed of traffic, and c) there are at least five vehicles stuck behind you and unable to pass. If they can go around you, you aren’t impeding anything.

And there is absolutely nothing in the law that would require you to get off your bike.

However, that’s not to say you can’t be polite and pull over to let cars go by. Anytime I take the lane, I try to move right and wave trailing traffic around me when it’s safe to do so.

……….

Mentioned this one over the weekend, but it bears repeating, as Sheriff’s investigators prepare to turn the results of their investigation into the death of cyclist and former Napster exec Milt Olin over to the DA’s office for evaluation. Don’t hold your breath for criminal charges, though; I suspect this one would have been brushed under the carpet along time ago if it had just been you or me under that deputy’s car.

The LACBC calls on Metro and LA County to fight for our share of active transportation funds.

Outgoing County Supervisor Zev Yaroslavsky looks at Metro’s Bicycle Roundtable, and notes that bicyclists are no longer the squeaky wheel that gets ignored. Even if there is room for improvement.

Long Beach’s traffic calming dinosaurs go the way of the stegosaurus and non-speeding motorists.

San Diego’s Bicycle Film Festival starts this weekend.

Cyclelicious explains why the Fourth Power Rule means cyclists shouldn’t have to pay for the streets we ride on. Or if we do, SUV drivers should be prepared to write a very large check.

San Francisco okays a project to give unclaimed bikes to the poor, starting with low-income at-risk youths. Now that’s a program I can get behind.

When you’re raging against a driver, remember you’re the one who’ll come off looking like a jerk, no matter how much he or she may deserve it. Which explains why some of the videos I record will never see the light of day.

It’s a mixed bag in court for the fallen king of pro cycling, as Lance loses in Texas and wins in LA. But aside from his financial advisors, does anyone really care anymore?

The Canadian politician who killed cyclist Darcy Allen Sheppard is attempting to make a comeback five years later. Unfortunately, his victim won’t be making a comeback anytime soon. Or ever.

A South African bike commuter races for his life to escape armed robbers chasing him in a car, before finally giving up his bike at gunpoint.

A reminder from Tokyo to ride safely around pedestrians. And not just because it could be you that ends up going to the hospital.

Oh, so that’s the reason women don’t ride in greater numbers: it’s the helmets. Or maybe not.

Finally, a Jupiter FL cyclist gets a $3 million dollar settlement for a dooring — yes, million — and his wife gets over half a million for loss of consortium.

Don’t tell my wife, or she’ll ask me to start riding in the door zone. Something tells me she’d gladly trade consortium for a cool half mil.

Category: Bikes & the Law, Morning Links, Streets and Infrastructure / Tags: , , , ,

Update: LA rider killed in solo fall earlier this month; 5th cycling fatality in Los Angeles already this year

February 26, 2014 / / 6 comments
Ghost bike for Josh "Monster" Michael; photo from Ghost Bikes-LA.

Ghost bike for Josh “Monster” Michael; photo from Ghost Bikes-LA.

Not every fallen cyclist makes the news.

Sometimes riders lose their lives, and no one even notices aside from family and friends. And we may never know we lost a brother, a sister, a friend we never knew, and now never will.

That’s what almost happened here.

A rider died earlier this month, only a few miles from where I live, on an intersection I know well. But the only hint came in a tweet from filmmaker and photographer Danny Gamboa, who posted a photo of the newly installed ghost bike.

And that’s how I learned Josh Michael, aka Monster, had died earlier this month.

The details are still sparse. What I’ve been able to gather from Facebook is that it appears Michael was riding on the weekly Night Owls ride on Tuesday, February 11th (actually the 4th), when he somehow fell at the intersection of Sunset Blvd and Crescent Heights.

Tragically, while he normally rode with a helmet, he’d forgotten it that night, but decided to ride anyway. And he was only planning to join the group for a few miles, just to say hi to his friends.

But something caused his bike to go down, hitting his head on the pavement. He passed away almost two weeks later on Sunday the 16th.

We’ll never know if he would have survived if he’d been wearing his helmet. But this type of solo fall is exactly what bike helmets are designed to protect against.

This is the 18th bicycling fatality this year, and the seventh in Los Angeles County. He’s also the fifth rider to die in the City of Angels already this year.

My deepest sympathy and prayers for Josh Michael and all of his loved ones.

Update: Now it makes a little more sense.

According to his friend Huey JD Steven, Michael was riding downhill on Crescent Heights towards Sunset with a group of riders around midnight on Tuesday, February 4th.

He was riding at speed, maybe a little faster than necessary, when he somehow missed the call for a right turn, bumped another rider and fell, landing on his head.

He was taken off life-support on Sunday the 16th.

As Steven put it, 

He went out loving what he did.

Category: Bicycle Safety, Injuries and Fatalities / Tags: , , ,

The Bike Accident Lawyer You Choose Can Make Or Break Your Case

February 25, 2014 / / 6 comments

 

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 

 

Last Sunday we attended the Los Angeles Bicycle Commuter Festival & Summit, which was organized by the Bicycle Culture Institute and its L.A. Bike Trains program. After helping to set up the Pocrass & De Los Reyes booth, I wandered around saying “hello” to old friends and making new ones.

As I was thinking about the many conversations I had with a variety of people at the festival, I was struck by the two things they all seemed to have in common: 1.) they all ride bikes and 2.) every one of them told me they’d been in a bicycle accident at some time in their life.

You wouldn’t think this would be such a revelation to me. After all, as a recreational cyclist, I, too, have been yelled at, “flipped off,” and only avoided a collision (so far), because I was more aware than the motorist was.

As a bike accident lawyer, I have handled hundreds of bike accident cases, which has allowed me to develop a relationship to many people who have suffered life-altering injuries, because of the negligence or carelessness of another. I see their struggle to heal: physically, emotionally and financially. As one of the exhibitors, whose accident left him with numerous pins in his leg and with a limp, said to me Sunday, “You heal, but you’re never the same.”

It’s a peculiarity of human nature that when we meet someone and they tell us their career, we have an urge to tell them our personal experience with their profession. We tell doctors our symptoms. We tell IT people our computer problems. And we tell bike accident lawyers about our bike accident case.

I never mind when people want to tell me about their bike accident case, even if it was resolved years ago. I am, though, very careful of how I respond. After all, I am hearing someone’s perspective, and I haven’t reviewed the case. I don’t want to Monday-morning-quarterback another lawyer.

There have been a few times (one of which happened last Sunday, which was the genesis of this post), that inside I was just shaking my head trying to figure out what the person’s lawyer was thinking. But I’m not going to go into that here.

Instead, I am going to give you the secret code of how to choose a lawyer. And though this information generalizes to all practice areas, I am going to use bike accident lawyers as an example.

Bike Accident Experience: does the lawyer have experience in handling bike accident cases? Just as you wouldn’t go to a foot doctor for a heart condition, you don’t want to go to a business attorney for a bike accident.

A bike accident attorney is very familiar with bike accident and motor vehicle law. These laws can be complicated, especially if a bicyclist is hit by a truck and then all sorts of federal or state laws could apply.

Another example is California’s comparative negligence law. This means that the court (or jury) can apply percentages of fault in a motor vehicle accident and a bicycle accident. So even if the cyclist is found to be 10 percent at fault, other entities could be found to be 90 percent at fault, and compensation is proportioned out on that basis.

This is particularly important in terms of liability. If you are hit by a car and the motorist’s policy limit is, for instance, $50,000, then that is all the compensation you could get regardless of the verdict or the settlement.

An experienced bicycle accident attorney knows how to determine if someone else could be partially responsible for the bike accident, in addition to the motorist. Maybe it is a dangerous road or signage is poor and that particular spot has a history of accidents. In those situations, a government entity may be brought into the case.

Verdicts and Settlements: check the attorney’s record of verdicts and settlements in bike accident cases. There are attorneys who have little or no trial experience and automatically settle with insurance companies. This will work to your detriment.

The insurance companies know which lawyers do not want to go – for whatever reason – to court. Lawyers who are known to avoid court give the insurance company license to low ball their offers, which means you may not get the full amount of compensation you deserve and which you may need desperately.

Resources: checking the attorney’s record of verdicts also tells you their experience at trial. Court trials are very difficult. Contrary to popular belief, juries do not automatically lean towards the plaintiff, which is, typically, you. In fact, because of the insurance companies’ decades-long public relations campaign of “jackpot justice,” juries are often prejudiced against people who bring lawsuits.

What evidence is admissible and allowed into “the record,” takes years of learning and skill. Trust me; it is nothing like what you see on television. Trials are a game of rules, and the outcome is often dependent on how well an attorney knows those rules.

But maybe most important for you to know is that going to court takes thousands and thousands – sometimes even more than a million – dollars. Medical experts (doctors) charge between $500 to $1,000 a day. Just filing a complaint with the court is almost $500. All of this money is typically paid for by your bicycle accident lawyer until the case is resolved.

If an attorney does not have the financial resources to fund your case, they may not take your case to trial. Especially in today’s economic climate, insurance companies are refusing to settle (hoping you will go away) or low-balling offers. It is critical that every case be prepared as if it is going to trial.

Today it is not unusual for the insurance company to “settle on the courthouse steps” or while the jury is deliberating. But I can guarantee, if the case was not taken to trial, the cyclist would get nothing or little in settlement in those types of cases.

Affinity with your Lawyer. It is very important that you are comfortable with your bike accident lawyer and with their staff. You will develop a very close relationship with all of these people. You want to make sure that they are there to respond to you in a reasonable amount of time, that they understand your particular needs, and that they explain the legal process in ways you can understand so that you can make informed legal decisions.

I am a great believer in the American justice system. Like most trial lawyers, I have seen justice prevail many more times than I have seen it fail. Yes, it could be improved (better funding for the court system would be the first place to start), but I believe in it. However, the one thing I know absolutely is that the lawyer you choose – for all your legal issues – can make or break your case.

*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.

*Sponsored post

Category: Bikes & the Law, Bikes Have Rights, Guest Columns / Tags: , , ,
« Older Entries   Recent Entries »
Wordpress Theme by ThemeZee