Archive for Bikes & the Law

Santa Monica police blame the victim in a new bike safety video, two better videos and your Morning Links

Santa Monica police are offering up a new PSA suggesting that stopping for stop signs while riding a bike is child’s play. And the best way to ensure you’ll get home to yours.

Children, that is.

It’s not like their message isn’t reasonable — both the law and common sense dictate that we should observe traffic signals just like anyone else. But while they’ve undoubtedly scored points with bike-hating residents, they could have done a lot more good by focusing on the need for motorists to pay attention and drive safely around bike riders.

Which is what share the road really means, despite the way some drivers — and police departments, apparently — try to twist it these days.

After all, even the most dangerous cyclists pose a risk primarily to themselves, while dangerous drivers pose a risk to everyone around them.

I don’t have any records on what may have caused bike injury collisions in Santa Monica. But neither of the two bicyclists killed in Santa Monica in recent years ran a red light or stop sign. Antonio Cortez died after riding into an open car door while allegedly riding drunk, while Erin Galligan was run down from behind by while riding home from work on PCH.

Even if he was as stumbling drunk as SMPD officials implied, Cortez would probably still be alive today if a driver hadn’t left his car door open in violation of California law.

And to the best of my knowledge, no one has ever suggested that Galligan did anything wrong, other than occupy the same road space as the speeding hit-and-run driver who killed her.

Maybe the SMPD’s next bike safety videos should focus on closing your damn car door and not running away like a coward after you kill someone.

Then again, this is the same department that has promised to crackdown on scofflaw cyclists more than once. Even though they can’t legally focus enforcement on specific violators as opposed to violations.

That is, they can legally ticket everyone who rolls stop signs, for instance. But they can’t direct their enforcement towards cyclists as opposed to everyone else on the road.

And they should know that.

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As long as we’re sharing videos, here’s one from the Encino Velodrome’s recent Swap Your Legs Race.

http://vimeo.com/pfcycles/encino-velodrome

Meanwhile, a great video says it’s time to fix LA’s broken sidewalks. And even our Twitter-using mayor liked it.

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The Daily News is the latest to notice that current LA law bans kids playing on or near streets.

LA’s first protected bike lane has already seen better days.

How many people get to work car-free in your neighborhood?

A writer for City Watch says the Pacoima Wash bike and pedestrian pathway recently approved by the San Fernando City Council has the power to transform the area.

Zev says you’ll soon be able to sponsor your own section of bike path in LA County.

Drivers can — and should — cross into a bike lane to make a turn, even when there’s a solid white line. California law requires drivers to make a right from the lane closest to the curb, and never turn across a bike lane.

Fair warning to Los Angeles, as Oakland agrees to pay out $3.25 million to a cyclist seriously injured after hitting a pothole. The city had received numerous complaints about the pothole-ridden road but failed to fix it.

Across the bay, San Francisco is on its way to becoming a bike utopia.

How bicycling helped build Kickstarter.

A new helmet attachment promises to keep you cool by soaking your head. No, really.

Turns out the wicked witch of the Wall Street Journal was wrong, while famed lawyer Alan Dershowitz says it’s time for vigorous law enforcement against reckless drivers before they kill someone, not after.

Drivers are at fault for injury collisions with bicyclists in a Georgia county two-thirds of the time. But why did they illustrate the story with a crashed motorcycle?

A documentary maker for the BBC moves to LA, but gives up bicycling to work due to “distracted drivers going 50 mph in the dark.” But isn’t that half the fun? Thanks to Jim Pettipher for the heads-up.

Funny how often totally insane cyclists attack perfectly innocent motorists for absolutely no rational reason. Seriously, no one should ever attack anyone else on the roadway or use their U-lock as a weapon. But something tells me there’s probably another side to stories like this.

The owner of Soigneur magazine looks at five up and coming bicycling groups, and manages to be only somewhat offensive, particularly in regards to women riders.

A writer for the Guardian says cyclists aren’t the enemy, and it’s time to end the us versus them mentality.

An Australian writer suggests bike cams have been beneficial, but oddly worries about privacy concerns even though nothing that occurs in public view is ever private.

Your next helmet could look like an alien brain if you’re willing to spend more than $1000 for the privilege.

Finally, after an Aussie BMW worker calls for intentionally dooring cyclists and posting the videos online, the story somehow devolves into a debate over licensing cyclists, rather than protecting them from illegal assaults by bike-hating jerks.

And Boyonabike found this bike lane fail at Cal Poly Pomona. Are they trying to tell us something?

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Breaking news: Wendy Villegas accepts plea in September hit-and-run death of cyclist Andy Garcia

Ghost bike being installed for Andy Garcia; photo from Ghost Bike Luis "Andy" Garcia Facebook page

Ghost bike being installed for Andy Garcia; photo from Ghost Bike Luis “Andy” Garcia Facebook page

News is just coming in that Wendy Villegas has been convicted in the hit-and-run death of cyclist Luis “Andy” Garcia.

According to Danny Gamboa, Villegas changed her plea to no contest for the September 14th collision that took the life of Garcia, and left two other riders seriously injured.

Gamboa reports she accepted a plea bargain of three years and eight months in prison for felony hit-and-run and DUI. That represents a gift from the DA’s office, as she had been facing a minimum of five to seven years for vehicular manslaughter, DUI and felony hit-and-run, with a maximum of 10 to 15 years.

In other words, she was sentenced to just 20% of what she could have faced.

Garcia was riding with Ule Melgar, Mario Lopez and two other riders on the LA River Bridge on Cesar Chavez Avenue near Mission Road at 2:45 am on Saturday, September 14th, when they were hit from behind with no warning by Villegas’ car.

She proceeded to drive home, dragging Garcia’s bike several hundred feet beneath her car according to LA Streetsblog. She was reportedly still drunk when she was taken into custody several hours later.

Meanwhile, her victims remained where they’d fallen. Lopez had been tossed into the air, breaking his back and leg; Melgar was nearly knocked over the guardrail and into the LA River below.

Garcia was left lying in the roadway, where he was run over by a second vehicle. Whether he could have survived the initial impact had Villegas stopped as the law requires will never be known.

Many reports suggested that the 21-year old Villegas never seemed to grasp the seriousness of her actions, as exemplified by this courtroom incident reported by Sahra Sulaiman in the Streetsblog story above.

So, when she and her lawyer complained that wearing an ankle bracelet that would monitor both alcohol intake and movement would be inconvenient to a young, working student as well as a challenge for her to pair it properly with the variety of shoes she wears, Lopez couldn’t take it any more.

“I thought to myself at that moment, ‘Well, what about Andy?’” he wrote. “‘[Andy] was a full time student in college. He had responsibilities. But yet, he can’t and will never be able to fulfill them…And she is worried about her fashion sense! What about the inconvenience she brought upon his family and friends?’”

He finally yelled out, “But she killed someone!”

Maybe a few years in state prison will succeed in driving that home.

Update: KTLA-5 reports that Villegas is scheduled for sentencing on April 22nd. Not surprisingly, the story notes that many of the cyclists in the courtroom were unhappy with the minimal sentence, and the Garcia’s mother was repulsed by Villegas lack of remorse. 

LA-style cyclist anti-harassment laws continue to spread, but there’s a catch; plus your Morning Links

Oakland is the latest city to consider an LA-style bicyclist anti-harassment ordinance.

However, there’s a hidden problem with these kind of ordinances, as LA bike lawyer Josh Cohen recently pointed out.

LA’s law, and most, if not all, of the similar ordinances that have followed throughout California, allow the court to award lawyer’s fees if you win your case, as an inducement for attorneys to take cases that might not otherwise be worth their time.

The problem is, lawyers usually collect their fees from insurance companies when they win a case. But insurers don’t pay for intentional acts. And the whole point of the anti-harassment ordinance is to punish drivers for their intentional actions in harassing riders.

Which, by definition, lets the driver’s insurance company off the hook for any damages, including attorney’s fees.

So unless the driver who harasses you has a major bank account or significant assets that can be converted into cash, it may be difficult to find an attorney to take your case. Which is no knock on lawyers; while some may take a case pro bono when they can, they still need to pay the bills like anyone else.

And that means lower income drivers could have carte blanche to threaten you on your bike with little fear of any consequences.

The short term solution is to act as your own attorney in small claims court; Cohen says he’s working on an online tool kit that that will teach riders how to build a case and guide them through the legal process.

A longer term solution is to pass a statewide version of the anti-harassment ordinance, so enforcement no longer depends on invisible city limit lines. An offense that occurs in Santa Monica or San Gabriel is just as offensive as one that takes place in Los Angeles, and the offender should face the same consequences.

And while we’re at it, let’s change the law to require insurance companies to pay for all adverse traffic acts, intentional or not.

Maybe when they face the costs for the threatening actions of the drivers they insure, they’ll actually do something about it.

And maybe get some of these jerks off the road once and for all.

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Streetsblog’s Damien Newton takes an in-depth look at the proposal to increase the sales tax to fix LA’s streets and some, but not all, sidewalks.

While virtually everyone benefits from better streets — bike riders not the least — there needs to be a firm commitment to build out the bike plan as streets are repaved and striped, rather than the vague promises we’ve been offered so far.

And since everyone walks, there should be at least as much commitment to fix every broken sidewalk as there is to repave failed streets.

The question is whether Angelenos will swallow yet another sales tax increase that places the burden of street repair on everyone, whether or not they use them.

Or whether they contribute to the disrepair of our streets by rolling massively oversized multi-ton and highly destructive vehicles over them.

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LA City Councilmember Mike Bonin hosts a free Fireside Chat on Transportation: The 405, Traffic, Transit, Biking & More on Friday, April 11th. That’s one I’d like to attend.

LADOT and City Planning are hosting a webinar on Year Two of the bike plan rollout (pdf) on Thursday, April 17th from 7 to 8 pm

Frequent contributor Erik Griswold looks at the city that bans play; yes, that would be our very own LA.

Flying Pigeon says the bike infrastructure infection is spreading. Meanwhile, those new green bike lanes in Santa Monica may be nice, but they’re not what cyclists were promised, and there’s still more work to do. Not the least of which is figuring out what to do with the city’s airport, which may be best done by bike.

Now this sounds like fun, as a planned May ride will visit the murals of Northeast Los Angeles.

LA students call for fixing San Fernando Road, including bike lanes and better sidewalks.

How Sweet Ride USA’s Steve Isaacs went from musician to creating a unique mash-up of bikes and deserts.

Mark your calendar for California Bike Advocacy Day on May 21st.

A Riverside hit-and-run driver gets nine months for leaving a seriously injured bike rider to bleed in the street. More than a slap on the wrist, but hardly what the crime deserves.

This is why you always carry ID when you ride. Oakland police were trying to identify a man who was critically injured in a solo fall when he went over the handlebars; fortunately, the 80-year old rider was eventually identified. Your loved ones deserve to know where you are and what happened if you’re too injured to speak for yourself, and you deserve to have them by your side.

Can protected bike lanes push bicycling into the mainstream? If they can’t, maybe the rise of the combination bike shop/bar can.

A new team-based East Coast track cycling league is set to roll out next year.

My hometown is nominated as one of the nation’s top 10 bicycling cities; needless to say, Los Angeles isn’t, and neither are leading local candidates Long Beach and Santa Monica. Wait, what the hell is Malibu doing on the list?

Fargo cyclists may be afraid to use a new bike lane because motorists certainly aren’t.

Eighty-two-year old Omaha driver opts to kill the person on two wheels rather than collide with the vehicle stopped ahead of her.

Nothing stops Minneapolis bicyclists from riding, even in the dead of winter. Same with most LA riders, as long as it’s at least 70 degrees out.

More proof that hit-and-run isn’t just an LA problem, as a Pennsylvania Amish buggy driver hit an SUV twice before trotting sedately from the scene.

He still doesn’t get it. The Aussie cab passenger who doored a cyclist refuses responsibility, but does admit to acting like a jerk afterwards. And Melbourne’s top bike cop says the city’s patchwork bike lanes give riders a false sense of security.

Finally, chances are, you’ve already seen this one by now. But if not, you definitely need to, as a cyclist is hit by a mattress carried by a passing truck — which miraculously flips under him and cushions his fall, saving him from serious injury. Thanks to Michael Eisenberg for the heads-up.

And it’s been over a century. So where’s my flying bicycle, already?

Morning links: Arraignment in the Phillip O’Neill case, and a preview of this weekend’s Donut Ride

One quick note before we get started.

I’ve been a little under the weather lately, so today I finally got out for my first good ride in a couple of weeks.

And proceeded to get buzzed by two cyclists in two separate incidents — one male and one female — each one passing just an inch or two from my shoulder.

Maybe I should be impressed by their skill in somehow managing to just miss me as closely as possible; instead, I was awed by their overwhelming jerkishness and willingness to risk a total stranger’s safety.

So let’s make one thing clear.

Whenever you pass another rider on a city street or bike path, call it out to avoid startling them and causing a bike-on-bike collision. A simple “On your left” or “Passing left” can make all the difference.

And don’t pass on the right. Just don’t.

If you can’t give another rider at least an arms-length passing distance — if not the three feet you’d expect from a motorist — then don’t pass, dammit.

You can wait a few seconds until it’s safe to pass, just like drivers can.

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Ghost bike for Phillip O'Neill; respectfully borrowed from Ghost Bikes-LA

Ghost bike for Phillip O’Neill; respectfully borrowed from Ghost Bikes-LA.

A source who prefers to be anonymous reports on the recent arraignment of the driver charged with taking the life of cyclist Phillip O’Neill in Pasadena last year.

According to her report, the motorist, who wasn’t named, did not appear; his lawyer entered a not-guilty plea for him and a pretrial date was set for this month, However, the prosecutor is expecting the defendant to plead out.

On the other hand, the prosecutor said he’d never seen so many people show up to support the victim at an arraignment.

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The authors of Where to Bike Los Angeles are joining with the LACBC for their monthly bike tour of the LA area, this time through the Palos Verdes area.

And they’re expecting more perfect weather for the ride, so don’t rub it in when you talk to your friends in other parts of the country.

The Donut

When: Saturday, March 15, 2014

Time: Meet at 8:30am; ride at 9:00am

Where: Wilmington Waterfront Park

Drive south on the 110 Freeway to the C Street exit in Wilmington. Then, continue east a short distance to the Park. We will meet at the small parking lot at the Park’s east end off Lagoon Avenue. Here’s the to map the Park: Wilmington Waterfront Park

This is a San Pedro version of the classic “Donut” tour around the Palos Verdes Peninsula. We’ll start (and finish) with an easy warm-up (and cool down) through the port city of San Pedro where we will see everything nautical (tankers, container ships, old battleships, merchant vessels, cruise ships, lighthouses, seagulls). Then, we’ll ride into PV proper and tackle the famous switchbacks (the one big climb of the day). From there we’ll continue around to Malaga Cove (rest stop), Point Vicente, Abalone Cove, and Fort McArthur. We should have many wonderful vistas of the South Bay, Catalina and the Port of Los Angeles as we ride back to San Pedro and Wilmington.

Ride Length:  43 miles.

Ride Duration:  Approximately 5-6 hours, including stops.

Difficulty:  Recommended for intermediate-level riders, aged 16 and up. Expect a mix of city and rural riding conditions—busy bike paths and city streets from the start to the switchbacks, then bike lanes and quieter roads circling the peninsula. We’ll tackle one climb at the beginning, then mostly rolling terrain, for total elevation gain of roughly 2,500 feet.

Rain Policy:  Torrential rain, snow, earthquake or fierce wind cancels the outing. Otherwise, we ride.

What to bring:  A road-worthy bike, extra inner tubes, a patch kit and pump, drinking water, a pocket snack (such as an energy bar, banana or trail mix), a helmet and money for refueling stops and post-ride refreshments.

Parking:  There’s plenty of street parking around Wilmington Waterfront Park

RSVP:   Strongly encouraged, via wheretobikela@gmail.com, so we can send you last-minute advisories, particularly about weather.

Touring Los Angeles County with LACBC and Where To Bike Los Angeles is a series of rides that are free and open to every LACBC member, plus one guest.

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People for Bikes selects six new cities for their second Green Lane Project; needless to say, LA ain’t one of them. I wonder if the recent lack of support for bike lanes from a handful of city council members had any anything to do with our non-selection.

On the other hand, Santa Monica is installing new green lanes on Broadway and Main.

The Daily News talks to Damien Kevitt about his plans to Finish the Ride that cost him a leg in a still unsolved hit-and-run last year.

The Weekly goes on the off and then unexpectedly back on Marathon Crash Ride, but fails to obey the rules, unlike the less aggressive rider representing Streetsblog.

A Bakersfield rider gets pinned between two cars by a suspected stoned driver; fortunately, the cyclist only suffered moderate injuries.

Baseball legend Barry Bonds is one of us, even if the writer can’t resist the usual steroid/doping comparisons.

The Supreme Court throws an unexpected wrench into the Rails to Trails movement; the family bringing the suit would rather have a train on their land than a bunch of us nasty bike riders.

Consider it a Mood Ring for your head. A new helmet tracks your stress levels and transmits them to your iPhone. Because it’s so hard to know when your stressed while riding your bike, right?

Finding an alternate path to equity for women’s cycling.

A nine-foot travel lane costs less than a 12-foot lane, and can make everything better.

Bike tourism goes to the next level as Oregon builds a network of Overnight Bike Pods.

The New York Times offers a number of gadgets to improve bike safety, and correctly notes the most common mistake new riders make is not riding predictably. Which means riding in a straight line, with traffic, signaling and obeying the right-of-way; now that’s not so hard, is it?

Virginia legislators vote to keep it legal to tailgate bicyclists. After all, what harm could possibly come from that?

The World Naked Bike Ride pops up in Peru; evidently, Peruvians are growers not show-ers.

London plans a network of bicycle Quietways to shift riders onto underutilized side streets. Can’t call them Quietways here because this city is seldom silent.

Don’t piss off this 91-year old Baroness, or she’ll whack you with her handbag — then re-enact it for the cameras.

Finally, in LA we dodge cars; in Florida, golf balls.

Morning Links: Killer Chula Vista driver had multiple priors, faces up to 15 years; and not so fast on Olin case

Prepare to get mad.

The accused drunk driver who killed Chula Vista cyclist David Voight earlier this week was on probation at the time of the collision, and had been convicted of meth possession two months ago. And he was still on the streets — in a stolen car — despite at least seven other previous felony charges.

San Diego’s NBC-7 reports Michael Reyes faces five counts, including gross vehicular manslaughter while intoxicated, car theft and possession of methamphetamine, with a maximum sentence of 15 years and 4 months.

Reyes family expressed their sympathy for the victim’s family, explaining that he’d had many “life difficulties” in the past year.

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The Thousand Oaks Acorn goes back on an earlier story saying the sheriff’s investigation into the death of cyclist Milt Olin, killed in a collision with a sheriff’s deputy last December, had gone to the DA’s office for evaluation. According to today’s correction, the report is expected to go to the DA in the near future.

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A 70-year old Whittier cyclist suffered severe injuries when he was hit and dragged by the driver of a pickup truck; reportedly the driver kept going because he thought he hit a curb. Reports were the victim was riding salmon, though how any driver could be unaware he hit someone coming right at him is beyond me. Initial reports were that the victim’s injuries were not life-threatening.

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Latest word is that representatives of Wolfpack Hustle were on their way to city hall in a last ditch effort to save this year’s Marathon Crash Race. Funny how every department spokesperson for the city seems to point the finger at race organizers and/or city bureaucracy to deflect any responsibility for this massive snafu.

And you do know what snafu stands for, right?

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writer for the LADOT Bike Blog gets doored, but doesn’t seem to realize he was the victim of a hit-and-run. Speaking of LADOT, the department unveils their new campaign to fight trash cans in the bike lane. And the department’s Nate Baird moves on to a new job in Long Beach; he’ll be sorely missed.A bike rider was stabbed to death in Norwalk in an apparent gang attack.

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Bad news for LA area bike riders and pedestrians, as changes in Federal funding programs force Metro to renege on prior commitments to fund 49 projects in the county.

A UCLA bike commuter helps two injured cyclists the same day.

NELA’s York Blvd bike lanes will be extended to connect with lanes in South Pasadena.

The LACBC’s Operation Firefly gives out free bike lights in Glendale.

What the…? A Rancho Cucamonga letter writer somehow hallucinates that last year’s death of Cal Poly cyclist Ivan Aguilar had something, anything, to do with road raging bike riders.

In what seems to be a first anywhere, bike thefts are actually down at Cal State Fullerton.

Thousand Oaks needs volunteers for the final stage of this year’s Amgen Tour of California.

Two bikes worth $18,000 were stolen from an office in Valencia last weekend.

Santa Barbara County gets its first green bike lane in Goleta.

Good news for a change, as a Pleasanton cyclist’s riding companions team with a passer-by to save him from a heart attack.

Women now make up the majority of family cyclists.

That disassembled Pee-wee Herman bike sold for over $36,000.

The NYPD finally discovers that sometimes, pedestrians do in fact have the right of way.

The first line sums it up nicely: Virginia is for lovers, but it’s not always for bikes.

Two teenage girls are arrested for nearly decapitating a Brit bike rider with a rope strung across a trail.

Ford will partner with Dahon to develop a line of folding bikes designed to fit into the company’s cars.

Aussie cyclists struggle to get fair treatment from investigators following traffic collisions. Actually, you could write that same story just about anywhere.

Finally, an Alaskan cyclist smashes the record for the 1,000-mile Iditarod human — not dog — powered race across the Alaskan backcountry. I wonder if his record had anything to do with the unusually warm weather that’s left many stretches of the course void of snow and ice?

Beverly Hills tells bicyclists to drop dead; LAPD to focus — finally — on traffic violations this year

Screw bike riders.

That was the message sent last night by notoriously bike-unfriendly Beverly Hills in refusing to incorporate bike lanes in next year’s planned reconstruction of Santa Monica Blvd.

Even though the reconstruction gives the city a once-in-a-lifetime opportunity to fix one of the region’s most congested and dysfunctionally incomplete streets.

And even though it could be done for pennies on the dollar during the massive reconstruction project.

And even though it would connect the bike lanes that currently exist on the boulevard on either side of the city, completing the gap that exists between bike lanes in West Hollywood and Century City.

And even though Beverly Hills traffic already makes it the most dangerous city of its size in the state of California.

Oddly, several of the city’s council members expressed their concern for the safety of cyclists before voting to ignore their needs.

We’ll let Better Bike’s Mark Elliot, who led the seemingly Sisyphean fight in this over-privileged Mayberry tell the whole disturbing and dystopian tale.

The question is, what can we do going forward?

Personally, I think it’s long past time for a worldwide boycott of the Biking Black Hole, where the dollars of those on bikes seem to be valued far below those who arrive in Bentleys and luxury SUVs.

Maybe they’ll wake up if they start seeing hotel cancellations, as domestic and foreign bike riders choose to spend their money somewhere else. Or when the annual Gran Fondo gets moved to out of Beverly Hills because cyclists refuse to support a city that refuses to support us.

Or maybe the answer is to take a page from their own playbook, where seemingly endless lawsuits have attempted to derail the planned subway-sort-of-to-the-sea.

I don’t know if there are legal grounds to sue Beverly Hills for its hard-hearted failure to find room for bike riders on the rebuilt street, even if it does seem to conflict with the state’s requirement to consider complete streets in any road construction project. Or to accommodate all road users on streets that belong to more than just motor vehicle operators.

Maybe there’s a lawyer out there who’d like answer those questions.

But if nothing else, a lawsuit might delay their plans just enough to make it easier to compromise with bike supporters than fight.

It wouldn’t be cheap.

But that’s one Kickstarter I’d be happy to contribute to.

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More on last night’s breaking news that the extremely popular Wolfpack Hustle Marathon Crash Race has been cancelled, at least for this year.

And the way these things seem to go, possibly forever.

The finger is being pointed at a fear of liability in a notoriously risk-averse city. But as noted last night, I suspect there’s more going on behind the scenes than we may yet be aware of.

Like maybe a wealthy marathon operator upset about those damn bikes piggybacking on their event. Especially when they’re not getting the profits.

Meanwhile, word is some riders intend to crash the route anyway.

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The LA City Council celebrated the city’s first Complete Streets Day on Wednesday.

Which seems odd, since so many council members seem to be actively opposing complete streets on Westwood Blvd, north and south Figueroa, and Lankershim Blvd, as well as a new and improved bike-friendly 4th Street.

I’m sure Councilmembers Koretz, Cedillo, Price and LaBonge wholeheartedly support complete streets.

As long as they’re in someone else’s district.

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For years, bike and pedestrian advocates have called on police to increase enforcement of traffic laws in an attempt to rein in the wild west mentality on our streets, where too many drivers feel entitled to do anything they damn well please — too often to the detriment of those they share those streets with.

Finally, LAPD Chief Beck is in agreement, declaring this the “year of traffic” with stepped-up enforcement of traffic regulations, including a crackdown on hit-and-runs.

While that’s good news for cyclists who have share the road with dangerous drivers, remember the knife cuts both ways.

Representatives of the department have often said they are required to enforce the law equally. Which means if they see you go through a red light or stop sign, you’re likely to get a ticket, just like a driver would for the same offense.

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Writing for Flying Pigeon, Rick Risemberg fears support for bicycling is backsliding under the Garcetti administration — echoing exactly what I’ve been thinking for the past several months.

Shockingly, the Weekly discovers a group of cyclists who like to get high and ride. Who could have ever imagined?

Bike safety is an issue around USC, as a cyclist is injured in a collision near campus.

Bikable streets spread further east as Pomona approves the city’s first bike and pedestrian plan.

The 84-year old Newport Beach driver who killed cyclist Debra Deem — claiming he just didn’t see her — entered a not guilty plea to a single count of vehicular manslaughter without gross negligence. If convicted, he faces just one year in jail; Deem’s sister doesn’t think that’s enough.

Plans call for extending an Orange County protected bikeway.

You can contribute to help Riverside cyclist Travis Freeman recover from a serious cycling injury.

This simple bar chart clearly illustrates the relative affordability of protected bike lanes. And as long as we’re talking charts, this one from the UK kind of puts the relative risk posed by cyclists in perspective.

You could own Pee-wee’s bike, some assembly required.

It’s sad to think a bike advocacy group is going out of business after 40 years when bicycling is finally on the rise.

In what seems like at least a minor miracle, Brooklyn police begin ticketing drivers who park in bike lanes.

A Florida man waves at a motorist, who responds by plowing into him and fleeing the scene.

In what may be one of the most intentionally offensive public safety spots I’ve seen, Britain’s Top Gear attempts to teach cyclists the difference between red and green. While we all need to observe traffic signals, very few cycling fatalities are the result of riders blowing through red lights; far more often, it’s a driver who fails to stop and kills an innocent victim. So for the boys at Top Gear — and I say this from the bottom of my heart — fuck you. No, seriously.

A UK bike rider is the victim of an anti-bike terrorist attack when someone strings a rope across a walkway at neck level. Oddly, despite Top Gear’s insistence, there is nothing to suggest that she ran a red light before nearly being decapitated.

Finally, South African cyclists face charges in the road rage attack against a van driver. No matter how angry you are or how justified you feel, always — always — resist the temptation to resort to violence, as hard as it may be sometimes.

Which is not to say I’m an angel; I’ve called drivers every name in the book, including some I’ve made up on the spot.

Then again, they aren’t always the problem.

Make Sure You’re Protected Before You Need To Be

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.*

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

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. 

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

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.

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

 

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.

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