Archive for Bikes & the Law

Jeffrey Ray Adams and the Santa Monica road rage case — call it Dr. Thompson lite

View of collision site shows how hard driver had to turn to cross center median; photo courtesy of Steve Herbert

Some of you have wondered why I haven’t written about the Santa Monica road rage assault that took place one week ago Thursday, other than a brief link earlier in the week.

It wasn’t for lack of trying.

I first became aware of this case on Saturday morning when a reader named Joy forwarded an email that had been sent to members of the Conejo Valley Cyclists.

In it, the author — who I won’t identify, since he hasn’t been publicly named by other news sources for reasons that escape me— told his side of the incident that occurred on Barnard Way on the evening of August 25th.

He described an ongoing dispute that continued as he rode down the street, as an angry driver repeatedly cut him off, gesturing and swearing. The rider responded by swerving into the paved median area, planning to pass the driver on the left when the car stopped for a stop sign. Instead, the driver, Jeffrey Ray Adams, cut sharply to the left across the rider’s path, causing a collision — apparently intentionally, in an incident all too reminiscent of the infamous Mandeville Canyon case.

Then to make matters worse, Adams continued to threaten the victim, as well as bystanders who intervened to protect him, in a video capturing the events that followed the collision.

I immediately reached out to both the victim and to Sgt. Thomas McLaughlin, the Santa Monica Police Department’s new liaison to the cycling community — sort of like LAPD Sgt. Krumer, but taller and closer to the coast.

Sgt. McLaughlin responded quickly to let me know he was off that day, but would pull the file the following day (Sunday) and get back to me.

As for the rider, I never heard back.

Which is odd, since he followed up on his first email with another directed to some 30 recipients, including members of the LACBC, Los Angeles Times and Santa Monica City Council, among others, asking them to report the story and demanding justice.

Note to cyclists: If you want someone to tell your story, trying responding to emails offering to do just that. Just a hint.

Meanwhile, Mihai Peteu of Bikeside broke the story later that night, with a link to the same information that Sgt. McLaughlin had offered to pull for me the next day. His story provided the name of the driver, as well as reporting that Adams had been booked on a charge of Assault with a Deadly Weapon and released on $30,000 bail.

Sgt. McLaughlin confirmed that Bikeside’s story contained all the relevant information he would have been able to give me from the incident report. And since Mihai had already reported everything I knew — and even turned the You Tube video the right way — I was more than willing to let them run with it.

Meanwhile, the story was soon picked up by the Santa Monica Mirror, LookOut News, Santa Monica Daily Press and L.A. Weekly. Although the first, and best, of news report came in a detailed story from the Canyon News.

Which meant that there was really no point in writing about it until I had something to add.

Which is, simply, this.

While cyclists are justified in their outrage over this dangerous and deliberate assault, this is not another Mandeville Canyon, despite the similarities.

In that case, the driver jammed his brakes directly in front of two riders, resulting in serious injuries to both, simply because they were in his way. Then the Good Doctor, who made his living treating trauma victims like the two he had just created, stuck around expecting a pat on the head from the responding officers. And was shocked to find himself cuffed in the back of a patrol car, because he’d gotten away with it before.

In this case, there was an ongoing dispute between the driver and cyclist; what started it, we have no idea. Although the rider’s initial email suggests the driver may have simply been pissed off to find himself stuck behind a cyclist on a road too narrow to allow passing, even though said rider said he was traveling at the 25 mph speed limit at the time.

But despite the outrageousness of the driver’s attack in turning directly into the path of the rider — then repeatedly claiming the rider hit his car and trying to goad witnesses into a fight — the bottom line is that the cyclist apparently suffered only minor injuries.

Or at least, what’s considered minor under the law. And under California law, that makes the crime a misdemeanor, rather than a felony. Even if his $3,000 bike was totaled.

Which is why Adams was out on just $30,000 bail within hours of his arrest.

The incident is still under investigation. And chances are, Adams will end up facing charges; his actions were clearly deliberate, there were too many witnesses and he made far too many stupid statements in front of a camera.

Unfortunately, it’s not against the law to be an idiot.

Or a jerk.

Then again, if it was, I could have faced my third strike years ago.

Whether he’ll do any time is another matter. Especially considering that Jaclyn Andrea Garcia is looking at just one year in jail — or in reality, six months or less — for nearly killing a cyclist while driving drunk, despite being underage.

And writing every council member in the City of Santa Monica won’t make a damn bit of difference.

What will make a difference, for other riders who find themselves in similar situations — and no, this is not the first time something like this has happened and it won’t be the last — is to get yourself out of it. Whatever it takes.

I’ve learned the hard way that it doesn’t pay to have an angry driver behind you. Or in this case, in front of you.

Or beside you, for that matter.

So when a driver rages, pull over and let him pass. Or take the next turn and go a different way, as I did recently in a similar situation just blocks from where this happened.

And no, it wasn’t the same guy. Which means there are at least two of them out there roaming the streets of Santa Monica.

It’s not always easy. But it’s just not worth it to confront a threatening driver armed with a multi-ton four-wheeled weapon of mass destruction.

Especially now that the newly passed L.A. cyclist anti-harassment ordinance will become law on Monday. Not that it would help in Santa Monica, of course.

Just take down the license or grab a photo if you can, note any other details, and get the hell out of the way.

And never, ever flip off the driver behind you.

Trust me on that one.

One year in jail for underage, allegedly drunk driver who nearly killed cyclist Adam Rybicki.

Is a single year in county jail really enough for an underage drinking and driving spree that injured two cyclists — nearly taking the life of one and leaving him with life-altering injuries?

Sources tell me that a plea deal has been reached in the case of Jaclyn Andrea Garcia, the 19-year old driver accused of plowing into a group of cyclists early on the morning of Sunday, April 3rd — while still drunk from the night before.

In fact, I’m told that at the time of the 7:15 am collision, she still had a BAC of 0.15, nearly twice the legal limit.

Reportedly, she will be sentenced to one year in jail, though current jail overcrowding conditions mean she’s likely to serve less than six months.

Maybe far less.

In addition, she’ll face three years probation after her release, including a requirement that she wear the SCRAM alcohol monitor made famous by Lindsey Lohan. We can only hope it will be more effective than it was with her more famous compatriot.

She also have her driver’s license suspended for just one year. This despite at least four moving violations in the last three years, as well as allegedly totaling her car in a previous collision.

Hopefully, it won’t be the year she’ll be in jail and can’t drive anyway.

Meanwhile, I’m told that her primary victim, 49-year old Adam Rybicki of Rancho Palos Verdes, continues to progress, albeit slowly, and faces a long, hard road to recovery; it remains to be seen whether he will ever regain even a semblance of the life he lived before Garcia ran him down.

Those with whom I’ve discussed the case consider the penalties likely to be imposed on Garcia to be very light given the extreme severity of Rybicki’s injuries. However, I’m told that the D.A. handling the case had his hands tied by the penalties allowed under the law for a first time vehicular felon.

One attorney who weighed in on the plea deal said that under current state law someone has to die before a heavy prison sentence can be imposed; from what I understand, Adam Rybicki came very, very close.

In fact, he probably would have if there hadn’t been an orthopedic surgeon on ride.

But at least she’ll have a felony conviction on her record, which will follow her for the rest of her life.

Meanwhile, Garcia has written a letter asking for leniency, which has been highly criticized by some who’ve seen it; at least some observers accuse her of failing to take responsibility for her actions and seeing herself as the victim.

“I ended up being involved in an accident where two bicyclists were injured.” (Garcia)

Beyond comprehension. She is the victim here?!? Accident?!? This is a @##$$%^^&&* felony!!! Two bicyclists were injured!?! With a blood alcohol level of 0.15, she drove a vehicle directly into the path of law abiding cyclists and assaulted them with her vehicle.

“One thing that people have said about me is the fact that I was emotionless at the time of the accident. I was far from that.”

Well, yes, people did observe that appearance. She may be on the mark here. She was beyond emotionless; she was nearly unconscious! That, however, does not constitute emotion. Still no responsibility. She certainly did not offer any help at the scene of the accident; compassion, not hardly.

The case has been continued until Monday, September 12th at 8:30 am in Department 5, Room 403 of the Inglewood Superior Court.

At that time, she is expected to change her plea to guilty, and the court will hear statements from the victims — or in Rybicki’s case, his family members — and other interested parties.

And before the day is over, Jaclyn Andrea Garcia is likely to be sentenced for failing to kill Adam Rybicki, if only barely.

Whether justice will be served depends entirely on your perspective.

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In another case, Victims Impact Statements will be heard on Wednesday, September 7th in the case of Stephanie Segal, charged with felony gross vehicular manslaughter while intoxicated and felony hit-and-run in the death of cyclist James Laing; Segal reportedly had a BAC of .26 at the time of the collision. The hearing is now scheduled for 10 am  — I’d previously reported it would start at 8:30 am — in Department 1 of the Malibu Courthouse, 23525 Civic Center Way.

Cyclists are urged to attend wearing bike jerseys to show support for Laing and his family; however, long pants are required in the courtroom.

Streetsblog benefit in SaMo, Walk It or Lock It in Long Beach, better biking in Beverly Hills & outrage in TN

I’ve got a long list of legal matters to catch up on — including reader insights into last week’s road rage assault in Santa Monica, first reported by Mihai Peteu on Bikeside.

As well as a letter written by the underage, allegedly drunk driver who nearly killed cyclist Adam Rybicki in Torrance earlier this year. And the driver who called police pretending to be a witness to the collision that killed cyclist Hung Do before being arrested for the crime himself.

But in the meantime, as I rush from riding to meetings to work and back again — let alone trying to squeeze in a little sleep into to process — let me offer a reminder about today’s Streetsblog benefit at Santa Monica’s Library Alehouse.

As it turns out, I won’t be able to make it this time. But if you can make it, I strongly recommended heading to 2911 Main Street for some New Belgium beer, raffle, auctions and a cargo bike worth of fun. Along with a lot of good people having a good time for a good cause.

And yes, there will be a bike valet.

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Long Beach is kicking off the Walk It or Lock It campaign to remind cyclists that it’s against the law to ride bikes on the sidewalk in the city’s business districts.

Police will be handing out safety cards to instruct riders to either walk their bikes or lock them up in areas including Broadway and Pine Avenue in Downtown Long Beach, Atlantic Avenue in Bixby Knolls, Second Street in Belmont Shore, “Retro Row” on Fourth Street, and Cambodia Town on Anaheim Street.

And if you haven’t already, Long Beach residents are encouraged to take five minutes to complete the city’s 2011 Bike Safety Survey.

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Hats off to what — hopefully — will soon be the former Biking Black Hole of Beverly Hills.

Along with a number of other bike advocates and local residents and business people, I attended last night’s meeting of the city’s Ad-Hoc Bike Plan Update Committee.

For a town that currently lacks a single inch of biking infrastructure, the representatives from Beverly Hills were surprisingly committed to changing the situation and getting test projects off the ground — or rather, on the ground — as quickly as possible. And remarkably open to suggestions, including innovative ideas that are just starting to gain acceptance elsewhere.

Make no mistake. They have a very long way to go, and still have to sell the idea of biking infrastructure to a city government and populace likely to cast a wary eye on two-wheeled interlopers in their city.

And the toughest challenge, recreating Santa Monica Boulevard in a format that will be inviting to cyclists — or at least less likely to risk our lives — still awaits discussion down the road.

But they’re off to a good start. And with a far more positive and approachable attitude than many other cities I could name.

If you live or ride through Beverly Hills — or would like to if it was a little safer and more inviting — sign up with LACBC affiliate Better Bike to get involved and stay abreast of the latest happenings.

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Finally, allow me a moment of sheer outrage, as a Tennessee woman is threatened with arrest for the crime of allowing her 10-year old daughter to ride her bike to school.

According to Bike Walk Tennessee, Teresa Tyron of Elizabethton thought her daughter had a reasonably safe 7 – 9 minute ride to school in the tiny town near the border with North Carolina.

Evidently, the authorities disagreed.

Teresa Tryon said, “On August 25th my 10 year daughter arrived home via police officer, requested to speak to me on the front porch of my home. The officer informed me that in his ‘judgment’ it was unsafe for my daughter to ride her bike to school.”

She followed up by contacting the mayor and chief of police. But instead of getting the apology any rational person would have expected, she was told that the officer would be contacting Child Protective Services — and that she could be arrested for child neglect if she allowed her daughter to ride to school in the meantime.

So let me get this straight.

A town of just 13,000 people is so dangerous that children can’t safely ride their bikes on the streets.

Of course, they don’t say whether the danger stems from the horrible traffic conditions, which surely must be far worse than those of the Los Angeles area, where children are encouraged to ride to class, though few actually do.

Then again, maybe the town is so overwhelmed with child molesters and other criminal sorts that it is unsafe for anyone to ever be outside of their homes day or night. Let alone a child.

Or maybe city officials have their collective heads so far up their own collective asses that the entire collective city government would have to visit a proctologist just to get their glasses cleaned.

If the problem is the condition of the streets, it’s up to the mayor and other city officials to make them safe — not parents to keep their children off them. If it’s a fear of criminal activity, the police should stop harassing parents and start arresting criminals until families don’t have to be afraid to let their children go out alone for less than 10 minutes on the way to and from school.

But if it’s the latter problem — which I would highly suspect — local residents should seriously consider riding the police chief, mayor and anyone else involved in this idiotic process out of town on a rail.

And replace them with far more rational people who understand that riding a bike to school isn’t a crime, and should in fact be encouraged in this day of rampant childhood obesity. And willing to do their damn jobs to make the streets safe for everyone.

Maybe they could use a little gentle encouragement to see the light.

Update: San Diego TV station attempts to thin the herd by encouraging children to ride against traffic

Evidently, they have too many children in San Diego.

How else can you explain a news report on KFMB-TV encouraging children riding to school to risk their lives by salmoning on the wrong side of the road?

And if your child walks, rides a bike or a skateboard to school, make sure they travel against traffic and always wears a helmet.

The helmet advice is fine. In fact, helmets are legally required in California for all bike riders under 18. And walking against traffic can be good advice, although it might have been nice to encourage children to walk on the sidewalk, rather than in the street.

But riding a bike against traffic is not only illegal — bikes are required to ride with traffic — but exceptionally dangerous. While it may give the illusion of increasing safety by allowing riders to see oncoming traffic, it reduces reaction times for both the rider and drivers while greatly increasing the severity of any collision.

It’s bad enough that a local reporter got it wrong and gave children and parents the wrong advice in a mistaken attempt to improve back-to-school safety. What’s worse is that the statement came in the middle of a quote from a California Highway Patrol officer.

At best, it appears to give official support for the reporter’s error. At worst, it suggests that the officer in question is badly misinformed about bike law and safety, and offering advice that could put children at risk.

Hopefully, they’ll make a correction soon. Before anyone takes their advice.

And maybe they’ll talk to someone who knows what the hell they’re talking about before making a similar mistake again.

Update: As of 12:30 today, KFMB still has not corrected their report, despite promising several people who contacted them that they would do so. As a result, I sent them the following email.

Dear Adrienne Moore — 

I’ve heard from a number of people who have contacted you today to correct the dangerously false advice given in your report “Avoiding a big danger kids face on way to school.” They wrote you to asking that you correct the suggestion that children riding bikes should ride against, rather than with, traffic. 
This is both illegal, as California law requires that all cyclists must ride in the same direction as traffic, and dangerous because it reduces reaction time for the cyclists and for motorists rushing towards them. There is no valid authority that advices riding against traffic in the U.S.; however, the placement of the statement within the discussion by CHP Officer Brian Pennings suggests that he provided you with that information.
If he told you that cyclists should ride facing traffic, he is wrong, and this gives you an opportunity to both correct his error and inform the general public how to ride safely with traffic. If not, you have done the CHP a disservice by suggesting that Officer Pennings is unaware of one of the most basic laws governing cycling.
Your continued failure to correct this advice puts the lives and safety of children at risk. I must insist that you offer a full retraction immediately before anyone is injured or killed as a result of your error; simply correcting the story online will not be sufficient to remedy the damage that has been done.
Update 2: I haven’t received a response to my email; however, the video report has been re-edited to say that pedestrians should walk against traffic, and skateboarders and bicyclists should wear a helmet. However, the online print version of the story still has not been corrected, and as far as I can tell, no effort has been made to correct the misinformation given all the people who may have heard or read the original report.
Update 3: I received a response from Adrienne Moore, the reporter who covered the story for KFMB, who apologized for the error and said the story had been corrected. However, the online print version still has not been corrected as of 10 pm August 23rd.

SaMo cyclist deliberately assaulted; alleged Jorge Alvarado killer plays soccer in Texas

I’ve gotten reports of an intentional assault on a cyclist in Santa Monica on Wednesday.

Cyclist Will Ashe sends word that the driver of a black Lexus GS 470 deliberately rear-ended another rider on Colorado Ave, then fled the scene. Police were called, but the victim got the license plate number wrong.

I can tell you from personal experience that it’s hard to get the number right when you’re trying to pick yourself up off the pavement.

Be on the lookout for a car that meets that description driven by an African-American man. But remember that there are probably hundreds of cars like that on the Westside.

So don’t get carried away.

Call the police, and let them deal with it.

Update: In my rush to get this online last night, I neglected to mention that the rider is okay, though the bike has a tacoed rear wheel.

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Good news and — to me, at least — maddening news on the legal front.

Cyclist and attorney Dj Wheels reports that the judge has denied a motion to suppress evidence in the case of Shawn Fields; the allegedly drunk hit-and-run driver is accused of killing 17-year old cyclist Danny Marin in Pacoima last October.

The defense had argued that police did not have a warrant when the entered Fields’ house after he did not respond when they saw him sleeping inside. As a result, they wanted everything officers observed after entering the home suppressed, as well as the results of blood alcohol and field sobriety tests.

However, the judge ruled that the police did the right to enter the home based on probable cause and exigent circumstances.

The next court date is pre-trial hearing scheduled for September 20th at the San Fernando courthouse, case # PA068775.

Meanwhile, in the case of Patrick Roraff, the teenage driver accused of killing pro cyclist Jorge Alvarado while street racing in April of last year, has had his pretrial hearing delayed until September 1st, case #SB – FSB1002475.

Wheels reports that attorneys for Roraff and co-defendant Brett Morin have both filed motions to have their charges dismissed for insufficient evidence; Roraff has also filed a motion to have his charges reduced from felony manslaughter to a misdemeanor; I’m told that both motions are routine.

Don’t go looking him around here next month, though. Despite the seriousness of the charges he faces, the judge had given Roraff permission to travel to Texas with his school soccer team.

So let me get this straight.

Despite — allegedly — killing another human being because he couldn’t resist the urge to illegally race another driver, he gets to play soccer with his friends, while Jorge Alvarado’s family and loved ones face going on without him.

Am I the only one who finds that more than a little infuriating?

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The California Bicycle Coalition calls for action to support AB 345 to give cyclists and pedestrians the voice with Caltrans we should have had all along.

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Intriguing idea, as Streetsblog’s Damien Newton reports — and supports — an idea floated by the city’s Bicycle Advisory Committee to elevate the planned Expo Bikeway over several busy Westside intersections.

And speaking of Streetsblog, Damien looks at bike-friendly Long Beach this week.

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Looks like someone is deliberately trying to sabotage courses for next week’s USA Pro Cycling Challenge in Colorado. Evidently feeling a need to attack all former Tour de France winners, Floyd Landis accuses Alberto Contador of doping by association; he’s no doubt looking for dirt on Cadel Evans as we speak. Meanwhile, the Cadel effect results in an upsurge of interest in cycling Down Under. Vincenzo Nibali will defend his title in the Vuelta. Twenty-year old Portland racer Jacob Rathe goes pro with top-tier team Garmin-Cervelo; evidently, Taylor Phinney isn’t the only pro cycling prodigy.

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A writer for the Baltimore sun reminds us that bikes can kill, too.

However, a tiny bit of perspective might be helpful — you can count the number of people killed by bikes each year on one hand and still respond with the inappropriate gesture of your choice, while motor vehicles kill well over 30,000 people a year in the U.S. alone.

Of course, the people who hate bikes also tend to forget that colliding with a pedestrian is just as likely to result in serious injuries or death to the cyclist. And it isn’t always the cyclists’ fault. But maybe the solution is as simple as better infrastructure.

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LACMA will offer a free screening of Pee Wee’s Big Adventure this Friday. More on the new 7th Street road diet and bike lanes from EcoVillage, CicLAvia and LADOT Bike Blog; I rode them myself Wednesday evening, but I’ll save that story for another day. Bicycle Fixation offers a lovely look at a bike Sunday in Santa Monica. CicLAvia expands into South L.A. and Olvera Street and Chinatown. C.I.C.L.E. says studies show exercise increases lifespan, so why aren’t we? A look back at biking in L.A. circa 1901. Photos from the newly upgraded section of the Ballona Bike Path in Culver City. UC Irvine makes a dent in campus bike thefts by arresting five suspected thieves, one for the third time; does the third strike law apply to bike theft? Meanwhile, Manhattan Beach police arrest another four bike thieves; 9 down, a few thousand or so to go. Live 4 Bikes, a new bike shop is officially opening in Bellflower this weekend, and offering free tune-up for the first 50 customers. Temple City plans to install protected bike lanes on Rosemead Blvd. The Claremont Cyclist asks why the recent stories about deaths in Yosemite ignored the park’s leading killer. Sometimes, when everything goes wrong it turns out better. After a flurry of activity by local advocates, Newport Beach’s illegal, though long-standing, ban on bikes on a local street is coming down, despite claims that it really wasn’t a ban after all, despite what the sign says.

L.A.’s own former National Criterium champ Rahsaan Bahati wins the Ladera Ranch Grand Prix; San Diego’s Trina Jacobson takes the women’s crown. San Diego hosts a successful Courteous Mass. Drivers complain about cyclists, cyclists complain about bikers. A Fairfield cyclist suffers life-threatening injuries after witnesses say he ran a red light and rode into the path of a turning car. A bill increasing penalties for using a hand-held cell phone or texting while driving goes to the Governor’s desk — and extends the prohibition to cyclists, as well, so hang the damn thing up when you ride, already.

More evidence that bicycling is a lot safer than people think; still, Bob Mionske says it’s a good idea to wear a helmet — legally as well as medically — even if you don’t have to. It may be the end of the road for motormania. Utah hit-and-runs are on the rise as more people ride bikes. A beginner’s guide to safe cycling from my hometown, good advice that would work anywhere. More on the Black Hawk bike ban going to the Colorado Supreme Court. Compete Streets is now the law in New York state. There’s good news for NYC cyclists as the lawsuit against the popular Prospect Park West bike lanes is dismissed. After a shattering hit-and-run, New York police do…not much. Another day, another Daily News hack job on Gotham cyclists; judging by their reports, Daily News reporters would rather deal with a zombie apocalypse than an infestation of bike riders. Defining bikers, cyclists and rolling pedestrians. The New York Times says Florida pedestrians have to run for their lives.

A look at the infamously popular Rosarito-to-Ensenada bike ride coming up next month. A Canadian street performer has his prop bike stolen during his act. Victoria police crack down on cyclists for not wearing helmets. A UK motorist is convicted of using two mobile phones to talk and tweet at the same time while driving — and making the police wait while he finished his call. No, seriously. Bike theft is a problem in the UK as well, as a 14-year old rider helps bust a bike theft ring. Free-to-use bike pumps appear in London. Why Cambridge is a model cycling city. Now you can ride your bike to look for Nessie. The first improved roads were built for and by cyclists, before they were co-opted by motorists. Seville, Spain experiences a 100 time jump in cycling levels in just four years, which would probably put the Daily News writers in a padded cell.

Finally, Danny MacAskill is back, doing the impossible on two wheels. And writing for Bicycling, pro cyclist Ted King says enjoy — truly, consciously enjoy — your next ride. And your life.

Now that’s a philosophy I can get behind.

Guest post: leading L.A. bike attorney and advocate Howard Krepack on taking the lane

There are just a handful of attorneys I’d want on my side when I need help, most of whom you can find over there on the right column.

Howard Krepack is one of those, someone I’ve come to know and respect as a friend and fellow cyclist, as well as an experienced attorney specializing in bike law and a strong supporter of our local cycling community. So when he contacted me recently to say he’d written a piece about the law behind your right to take the lane — as well as when and how to do it — I offered to let him share it here.

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Taking the Lane—It’s a Personal Decision

By Howard Krepack, Esq.
Partner, Gordon, Edelstein, Krepack, Grant Felton & Goldstein, LLP

Bicycling safety is all about balance and control, particularly when it comes to taking the lane. Sharing the road with motorists can be a breeze or a nightmare; you can do a lot to shape that reality for yourself.

Taking the lane makes you more visible to motorists by basically becoming one of them. It enables an approaching driver to spot you, slow down as necessary and pass you as if you were a car. If you are hugging the shoulder, many drivers will pass you too quickly and/or too closely. In addition, motorists are often preoccupied with other things—the phone, the radio, their passengers—to pay a great deal of attention to the cyclist riding near the curb (drifting to the shoulder is common for inattentive drivers).  Taking the lane also helps alleviate your chances of being caught in a right hook when a motorist makes a right turn.

The California Vehicle Code tackles the topic in Section 21202—Position in Traffic. It reads as follows:

(a) Any person operating a bicycle upon a roadway at a speed less than the normal speed of traffic moving in the same direction at that time shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:

  1. When overtaking and passing another bicycle or vehicle proceeding in the same direction.
  2. When preparing for a left turn at an intersection or into a private road or driveway.
  3. When reasonably necessary to avoid conditions (including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes) that make it unsafe to continue along the right-hand curb or edge, subject to the provisions of Section 21656. For purposes of this section, a “substandard width lane” is a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.
  4. When approaching a place where a right turn is authorized.

But, just because taking the lane is legal and oftentimes optimal, doesn’t mean it’s for everyone. It is as much of a mental act as a physical one, and shouldn’t be done until you are comfortable putting yourself in that situation.

Even then, there are cases when balancing the legality with the reality doesn’t add up to taking the lane. For instance, when vehicular traffic is moving at 45 mph or more, a bicyclist traveling at 20 mph will be seen as a nuisance at best (with the possible accompanying road rage that implies) and an unseen victim at worst.

We live in a car-centric society where infrastructure improvements that would increase bicycling safety are slow in coming. Grassroots, non-profit groups are making great strides, but until cities and governmental agencies get on board in earnest, bicyclists will still be considered second-class citizens. Needed changes include:

  • An increase in the length and number of bike lanes and sharrows.
  • Keeping road shoulders clear of debris and obstacles.
  • Utilizing proper/appropriate signage to warn bicyclists of road conditions and hazards.
  • A better understanding on the part of public safety officers about the vehicle code as it pertains to bicyclists.
  • Public awareness that bicyclists and motorists share the same responsibilities and rights to the road.
  • Motorists adhering to the rules of the road.
  • Bicyclists adhering to the rules of the road.
  • Motorists and bicyclists treating each other with common courtesy.

Just like taking the lane, it’s all about balance and control.

(The law firm of Gordon, Edelstein, Krepack, Grant, Felton & Goldstein, LLP is dedicated to protecting the rights of those who have suffered serious injuries on or off the job. Partner Howard Krepack, an avid bicyclist, leads the firm’s bicycle accident practice. For more information about our firm, call us at 213-739-7000 or visit our website: www.geklaw.com.)

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I welcome guest posts, whether you’re a leading bike attorney or just a cyclist with something to say. And whether or not you agree with what I have to say — or vice versa.

So if you’d like to share your thoughts with your fellow cyclists on any bike-related subject, email me at bikinginla at hotmail dot com.

Update: Taco Tuesday cyclists cited for bad behavior; anti-bike DWP employee a fake

In a story that seemed important at the time, police responded to complaints about the popular Taco Tuesday ride in Playa del Rey Tuesday night.

Upwards of 100 — or maybe 200 — riders were reportedly engaging in drunken, unruly behavior at the intersection of Culver Blvd and Vista del Mar.

At least six riders were cited for various traffic infractions, while four others were ticketed for curfew violations; a white van accompanying the riders was impounded after stopping briefly in a tow-away zone.

However, despite numerous reports that the riders were intoxicated and drinking in public, no arrests were made for liquor violations or biking under the influence, which is illegal under California law.

In the end, it was nothing more than a bike ride that may have gotten out of hand. A few hundred — or maybe just a few out of a few hundred — engaged in exactly the kind of two-wheeled boorish behavior that gives every other cyclist a bad name. And encourages the sort of bike hatred we all face in online forums and on the streets.

But it was not the near traffic riot some might suggest.

However, if this comment from the Daily News story about the event really is from a city employee, it may not be bad behavior from cyclists that we have to worry about.

Michael Walter · Sr. Purchasing Clerk at Los Angeles Dept. of Water & Power

Cyclists are highway vermin. Run ’em down with your Hummer.

Surely a city employee isn’t dumb enough to post a threat — even one which he would undoubtedly claim to be a badly failed attempt at humor — under his own name and title.

Right?

Update: Good news. I just received a phone call from LAPD Sgt. David Krumer, who said he contacted DWP to followup on this comment, and was informed that no one by that name works for DWP and that position does not exist within the company. Evidently, someone with a grudge against DWP created the Michael Walter Facebook account and made the comment in order to make them look bad.

Somehow, it’s comforting to know that this is just the work of a random psycho, rather than a city employee.

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I’m told that charges have been filed against Glenn Michael Moore and Michael Dennis Roach, who were allegedly street racing on PCH when a collision sent Moore’s Accord sailing onto a nearby bike path, where it struck and critically injured cyclist Richard Lauwers.

Both are charged with a misdemeanor count of engaging in a speed contest; Moore is also charged with felony DUI causing great bodily injury and felony DUI with a BAC over .08% causing great bodily injury — despite the fact that the collision occurred around 8 am on a Sunday morning.

Fortunately, reports are that Lauwers has recovered from his injuries and continues to ride his bike.

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Late calendar additions:

Metro is holding a roundtable discussion to talk about operator training, bicycle outreach and education on Monday, August 22nd from 6 to 8 pm. Anyone whose ever been buzzed by a bus — which means just about every cyclist in L.A. — may want to attend.

The LACBC is co-sponsoring a bike tour of historic Glendale this weekend, and co-hosting a weekend-long training program for bicycle and pedestrian advocates with the Alliance for Biking and Walking in October. Meanwhile, the Coalition is forming a new West Hollywood affiliate chapter at 7 pm on Friday, August 19th at Poinsettia Park.

And C.I.C.L.E. and the Santa Monica Museum of Art co-host the Cause for Creativity: Tour da Arts on Saturday, August 21 from noon to 7 pm; pre-registration is advised since it usually fills up.

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Bob Mionske says congratulations to Los Angeles for passing the first-of-its-kind anti-harassment ordinance. And in a must read, he looks at the tendency of police and the media to blame the victim in cycling collisions.

In one of the cases he mentions, anti-bike bias rears its ugly head as a Kelowna, British Columbia rider is blamed for riding too fast in a bike lane after she’s right hooked by a driver.

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In bike racing news, American racing prodigy Taylor Phinney loses 35 seconds to drop to 8th place in the Eneco Tour after holding the leader’s jersey; and no, I never heard of that race before this year, either. But I have heard of the Tour of the Netherlands.

Tour de France champ Cadel Evans heads a strong line-up for the inaugural USA Pro Cycling Challenge in Colorado later this month. SoCal Cycling looks at last weekend’s Brentwood Grand Prix (scroll down), as does the Claremont Cyclist. A Tahoe cyclist relates life as a Category 1 racer; how to make the jump from Cat 4 to Cat 3. And a 15-year old Manhattan Beach bicyclist is invited to train in Europe by USA Cycling.

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The city releases its first quarterly report on the Bike Plan Implementation Team (BPIT); thanks to George Wolfberg for forwarding the link. But when cyclists were offered a chance to set the BPIT agenda, only two people bothered to respond.

Even so, Bikeside insists there’s no way to achieve progress on implementing the bike plan, while Alex Thompson considers the whole thing a complete and utter failure.

Meanwhile, Santa Monica cyclists applaud the city’s newly unveiled bike plan, while the Santa Monica Spoke applauds the process and city staff behind it. The Spoke offers a link to the plan and an email address to offer comments, bikeplan@SMSpoke.org.

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Damien Newton blames the poor design of De Soto Ave for contributing to the death of Alex Romero by encouraging drivers to speed. L.A. attorney and cyclist Howard Krepack says it’s past time to invest in Safe Routes to Schools. The biking black hole of Beverly Hills bars transparency by banning search engines; what ever happened to the idea of open government? KPCC looks at how to start cycling in the city. Turns out triple bike racks on buses could be against the law. KCET asks if L.A. needs a bike share program. A memorial grows for Jeremy Perez, the 7-year old cyclist killed in Redondo Beach on Saturday. The West San Gabriel Valley Bicycle Coalition — an LACBC affiliate — is working to make Alhambra bike friendlier. The Claremont Cyclist reports on local riders behaving, in some cases very, badly.

A San Francisco pedestrian has died after being struck by a red light-running rider last month. No DUI charges in the death of a cyclist walking his bike on PCH in Ventura as prosecutors apparently misplace the blood alcohol results. Here’s your chance to go downhill in Death Valley. A state grant has been awarded to close a gap in a Thousand Oaks bike lane. A mountain biker is rescued after being injured on a Laguna wilderness trail. An arrest has been made in the hit-and-run death of a Santa Cruz area cyclist; unlike the father of Dominique Rush in the Alex Romero case, the driver’s parents urged her to turn herself in and co-operated in the investigation. The owner of a Humboldt County trucking company clearly gets it in a look at the proposed three-foot passing law. San Francisco’s Rapha Cycle Club is a new kind of biker bar. A cyclist breaks into — not out of — Folsom prison. The Navy Seabee who saved the life of triathlete Jordon Rapp following a cycling collision last year receives a well-deserved honor for his efforts.

Broken Sidewalk looks at the problem of bicycle infrastructure designed by drivers — definitely worth reading. Transportation as a civil rights issue. The hidden perils of urban bike paths. Advice on how to wash your bike, and how to refresh your legs fast; personally, I use two hard boiled eggs and a café mocha — to bounce back, not wash. A Wisconsin rider says it’s time for all of us to take the pledge to make our streets a little safer, one driver and cyclist at a time. The Green Bay Packers are role models for cycling. Cyclists are rude, drivers are ruder. Rolling out the bike rides to commemorate 9/11. Bike lanes are used for everything but bikes. A well thought-out response to the typical complaint about cyclists not paying taxes. An Irish poet pedals across the U.S.

Tijuana sets the example in showing how bicyclists and motorists can co-exist peacefully. Building bike lanes pays dividends, despite perceptions of local merchants; meanwhile, Toronto’s mayor declares war on bikes. Bikes as looting lookouts and the subjects of violence on the streets of Hackney. The UK has seen a more than 10% jump in annual cycling casualties, defined as death or serious injury. Seeing Beijing in a whole new light after buying a bike.

Finally, a personal injury attorney with offices throughout L.A., O.C. and the Bay Area talks about L.A.’s new anti-harassment ordinance, and repeatedly insists there are only 13,000 cyclists in Los Angeles — missing the mark by roughly 587,000 monthly riders, according to estimates in the new bike plan.

And in the wake of the Dominique Rush case, a couple of readers remind us of another case where a father actively assisted in a cover-up after his son killed a cyclist; thanks to maggie and Jim Lucas for the heads-up.

Breaking news: Dominique Rush — and father — arrested in hit-and-run death of Alex Romero

Funny how things work sometimes.

For the past few months, I’ve known the identity of the woman accused of killing 17-year old cyclist Alex Romero last April, thanks to a comment that was left on here.

And the last couple of weeks, I’ve known that an arrest was imminent, and that a family member was likely to be arrested for helping her coverup the crime.

But when the news finally broke, I was couple hours from home in the middle of bike ride. Which means I got scooped by just about every news source in Los Angeles.

That’s okay, though. Because the good news is that the LAPD investigators never gave up, even when it looked like they might never get the evidence they needed to make an arrest, let alone get a conviction.

So when I got a call from LAPD Sgt. Krumer to let me know that 23-year old Dominique Rush had finally been arrested in Oxnard for the high speed hit-and-run collision that took Romero’s life, I was happy that Alex and his family would finally see justice for his needless death.

And a little heartbroken when he added that the family member accused of helping to cover up the crime was her own father, 44-year old Steven Rush.

After all, what kind of man learns that his child has just taken the life of another human being, then — allegedly — goes out of his way to help her hide the evidence and avoid responsibility for her actions?

According to KNBC-4,

“The father went way beyond taking care of his child,” said Capt. Ivan Minsal of LAPD Valley Traffic Division. “He concealed the information. He concealed the car that his daughter, the driver, was driving.”

Maybe my own father was the exception.

But I’d like to think that most fathers would have marched their child into the police station to take responsibility for the crime. Maybe after calling a lawyer first.

I know mine would have, as much as it would have broken his heart.

Dominique was booked on suspicion of gross vehicular manslaughter and felony hit-and-run, with a $100,000 bond; Steven was held on a $20,000 bond. No word on whether they are still in custody.

Honestly, I don’t know which act I find more appalling. The crime, or the coverup.

I’m only glad that both may now be held accountable.

And I thank the LAPD for making sure they didn’t get away with it.

Charges in Carlsbad and Fountain Valley cycling deaths; bold plans for WeHo, new bike plan in SaMo

Lots of things are happening on the SoCal legal front.

To start with, Julianne Thompson of Carlsbad has pleaded not guilty in the hit-and-run death of 64-year old cyclist Arthur Jacobs; she was found hiding in some nearby bushes shortly afterwards with a blood alcohol level over three times the legal limit. Thompson faces up to 15 years on charges of gross vehicular manslaughter, hit-and-run and drunk driving.

According to the stories, she’s remorseful. Yet the victim is still dead.

So how does that balance out?

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Sources tell me that Adam Carl Garrett, the 19-year old driver accused of killing cyclist Hung Do in a Fountain Valley hit-and-run then calling police pretending to be a witness, has been charged with misdemeanor hit-and-run without gross negligence and hit-and-run with permanent and serious injury.

As one reader put it,

I don’t understand the “without gross negligence” part, but I’d have to say that, yes, death is “permanent and serious.”

As members of the LAPD have repeatedly pointed out, charges are based on what the DA or City Attorney’s offices think they can prove, rather than what police believe really happened. Without witnesses, and with the additional time for any possible intoxicants to pass out of the driver’s system allowed by the hit-and-run, it would be very difficult to make stronger charges stick.

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I’m also informed that the family of Amine Britel, the Newport Beach triathlete killed while riding in a bike lane last February, has filed a lawsuit against the driver. Danae Miller was reportedly texting and driving under the influence when she hit Britel’s bike from behind; with her driving record, I’d recommend settling quickly.

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Word from the LAPD indicates that charges will soon be filed — if they haven’t already — in the hit-and-run death of Alex Romero, the 17-year old cyclist killed by a speeding car while riding with a friend on De Soto Ave. last April. And charges may not be limited to the driver; they could include others who allegedly attempted to help her cover up the crime.

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Renew your membership or make a donation to the LACBC now and AdventureCorp will match it up to a total of $10,000 in honor of fallen endurance cyclist Jim Swarzman.

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Get a first look at the newly unveiled draft of the Santa Monica Bike Action Plan when the Santa Monica Spoke hosts a meeting with Santa Monica Deputy Director Lucy Dyke tonight from 6 pm to 8:30 in the Colorado Community Room, 502 Colorado Blvd.

Meanwhile, West Hollywood’s Bicycle Task Force proposes a bold plan to make the city more bike friendly, including removing parking spaces to extend bike lanes along busy Santa Monica Blvd and a road diet on Fountain Ave. to create a protected bike lane along the curb. Not to mention aligning other proposed bike lanes on Fairfax and Vista/Gardner with bike lanes included in the new L.A. bike plan.

We can only hope bike-unfriendly Beverly Hills is paying attention, and plans to do something about that gaping black hole marring biking on the Westside. And needlessly risking the lives and safety of everyone who lives and rides there.

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The L.A. County Sheriffs Department is looking for a stabbing suspect who killed a man along the L.A. River Bike Path in South Gate; if you rode the trail the last Friday in June, maybe you saw something.

And according to KNBC-4, L.A. police are looking for a hit-and-run suspect who struck three pedestrians and a parked car in a space of two blocks in Downtown L.A. Sunday morning. But maybe someone else can point out the logical disconnect in this sentence, since KNBC clearly doesn’t get it:

An investigation is underway as to whether or not these accidents were intentional, police said.

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It’s time to rethink North Figueroa. Streetsblog looks at the less-than-promising Woodley Ave. bike lanes. LADOT wants your help to survey L.A. bike racks. Metro moves forward on bike share. Full bike parking at the Grove. Those of us born with an competitive gene have to be reminded from time to time not to underestimate anyone; I have to fight the urge to ride down anyone on the road ahead of me. Funny how often the Times photo of the day features bikes. Will gives new meaning to L.A. River Ride by actually riding in the river to connect the gaps in the trail. The South Bay section of the beachfront Marvin Braude Bike Path is about to get a much needed facelift; hopefully the county will get to the cracked and crumbling Marina section before it completely falls apart. Ashley Tisdale rides with her dog in Toluca Lake. An update from Amarillo on the L.A. firefighters riding across the country to honor victims of 9/11.

More information on Cody Wessel, the 19-year old Wildomar cyclist who was killed in nearby Lake Elsinore on Friday. Bike thefts are up in Newport Beach, where police search for Ashton Kutcher and Colonel Sanders. A blind cyclist rides a tandem 240 miles from Santa Barbara to San Diego. A Santa Barbara writer says we could solve a lot of problems with those three little words: share the road. An SB teen is riding across county to raise money and awareness for a program allowing the homeless to live safely in their cars. The Bay Area is facing a pedicab war; yes, Microsoft Word, pedicab is a word so get over it. I missed the unique importance of these new microwave red light sensors in Pleasanton the first time around; thanks to Road.cc for the clarification. Palo Alto attempts to calm traffic and build boulevards. A bike path that doesn’t connect to anything may be a waste of money, but some idiots still don’t get it — it’s the cyclists who are subsidizing the roadways, not the other way around. African American cyclists get blessed in Oakland in an attempt to get more on the road.

New Tron-style wheel rim lights could keep you safer at night. How to not be invisible when you ride. Cycling is good for you, even if you’ve been a couch potato. A graphic illustration of why bikes are good for rural economies. This is why you don’t buy cheap carbon frames off eBay. How is it that Sitka AK is bike-friendly and L.A. isn’t? Misdemeanor charges for killing a Colorado cyclist. It wasn’t easy coming up with that crappy name for the upcoming USA Pro Tour Cycling Challenge; after a top 10 finish in the TdF, Colorado’s Tom Danielson could be one of the favorites. A thief who stole seven bikes from Idaho’s World Relief returns three with an apology. Newly minted Montanan Dancer a la Mode sends word of a DUI fatality that’s gripping the local community. Oklahoma authorities have arrested a suspect in the 2009 hit-and-run death of an 8-year old girl; there’s not a pit in hell deep enough. A Chicago cyclist is killed on her way home from Lollapalooza after falling underneath a dump truck. Massachusetts authorities can now ticket cyclists, but can’t force them to pay.

Turns out bike share saves lives; I wonder if the results would be the same here in L.A. with our lack of cycling infrastructure. How to be an ambassador for cycling. Southern California isn’t the only place where cycling fatalities are on the way up. Pro cycling’s most successful team is folding at the end of this season, while star rider Mark Cavendish may jump to Team Sky; thanks to George Wolfberg for the head’s up. Cycling prodigy Taylor Phinney will compete in this year’s Vuelta a Espana, after winning his first stage since turning pro. Israel revokes their mandatory helmet law for adults. Three years in prison for a rickshaw jockey who chewed off a cyclist’s ear in a road rage incident.

Finally, the unofficial highlights of the Tour de France. And a cyclist rescues a crawfish from the mean streets of Salinas.

If you missed Sunday's Brentwood Grand Prix, you missed some great racing. Don't make the same mistake next year.

Encino Velodrome robbed again; Urban Rangers ramble along the L.A. River Thursday

Seriously, it take a real a**hole to steal from the Encino Velodrome.

Having just been there for the LACBC board meeting last month, I can tell you these are great people offering a real service to local cyclists and scraping by on a shoestring. And they deserve a hell of a lot better than this.

If you can afford to make a donation, they could use the help to recover from this latest break-in — yes, this is the second time its happened this year. Or if your business or foundation is looking a great sponsorship opportunity, the Velodrome desperately needs a new track, among other much needed improvements.

So keep your eyes open for the missing items. And if you know who did this, don’t let these jerks get away with it.

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A few upcoming events that didn’t arrive in time for last weekend’s update:

The L.A. Urban Rangers are hosting a free L.A. River Ramble this Thursday from 7 to 10 pm starting at Downtown’s Museum of Contemporary Art (MOCA); water and sturdy shoes — or better yet, a bike — are strongly recommended.

Make your plans for the Moving Beyond Cars: Getting There is Half the Fun Party from 7 to 10 pm Thursday, August 11th at the Architecture and Design Museum at 6032 Wilshire Blvd; tickets are $5 for students, $10 for the rest of us.

And L.A.-based urban cycling attire maker Swrve will host an art opening in their new Glassell Park location from 7 – 10 on Saturday.

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The Beverly Hills Traffic and Parking Commission meets Thursday to discuss everything they’re not doing to support cycling. Get your official Bikes vs Jet t-shirt; meanwhile, it looks like someone else is going to win that Streetsblog T-shirt, dammit. LADOT attempts to address the concerns of local residents regarding the planned 4th Street Bike Boulevard. The LACBC’s City of Lights partners with LA Conservation Corp to work for more bike lanes in South L.A. The LAPD responds to an uptick in Downtown bike collisions by urging cyclists and drivers to get along. Santa Monica Spoke invites you to get a first look at the city’s new Bicycle Action Plan. Culver City works to connect downtown to the new Expo station. A call for cycle tracks in Eagle Rock. The SoCal cross season is coming up. The Business Journal asks if it’s time to apply the brakes to L.A.’s car culture; I’d say that’s my favorite headline of the week, but it’s still early. A nice profile of the owner of Stan’s Monrovia Bicycles. Now that Lindsey Lohan is riding a bike, there may be hope for her yet. An 18-year old Riverside cyclist is critically injured for the second time this year. If Sacramento lags behind even L.A. in bike safety, riding there must seriously suck. A 71-year old Davis cyclist is killed after being hit by two separate vehicles. Pleasanton employs new microwave traffic signal detectors to improve bike safety. We all have to share the road, so be nice about it.

People for Bikes thanks you for your support of federal bike funding, and says hold on for what’s next. Wearing regular clothes when you ride as a radical statement; why all this focus lately on what to wear? Just get out on your bike and wear whatever the hell you want. Seriously. One of the better stories I’ve seen on how to ride safely. How to take your bike on a train. Adjusting your lifestyle to ride in the summer heat. The six best cities for a bike vacation. Famed ex-framebuilder Dave Moulton offers a fascinating look at some unique bike designs. The good news is, he’s going to be okay; former NFL quarterback Joey Harrington is hit by a car, suffering a broken collarbone, broken rib and punctured lung. The death of a Seattle cyclist leads to calls for local jurisdictions to have more control over their own speed limits, although other voices blame those damn bike lanes for stressing drivers. Two years home detention for killing an Indiana bike cop. The Duluth News Tribune says you have a right to the road, regardless of what some drivers think. New York road fatalities are at an all-time low, while cycling is at an all-time high; coincidence? Blake Lively and Leonardo DiCaprio salmon through New York. Comparing cycling in Amsterdam to New Amsterdam; I like the fact that Dutch drivers are taught to open their car doors with their right hands, forcing them to check their blind spots. A road rage driver caught on helmet cam faces a whopping $250 fine and 30 days in jail.

Looking for the next Raul Alcala nearly 25 years later; easily one of the most exciting racers I’ve ever seen. Flying Pigeon L.A. has some left coast competition. Toronto cyclists protest plans to rip out some of the city’s bike lanes. When it comes to electric cars, the UK may be backing the wrong horse. A drunk cyclist escapes jail time for colliding with a pedestrian and breaking her skull. A road raging driver threatens to hit a Brit cyclist. A historic London velodrome will survive for another century. Learn to build bikes — and give them away. Looks like cyclists in the UK have the same right to take the lane that we do, and the same problems doing it. A UK driver faces charges in the death of an Olympic cycling prospect. Five things a Brit rider hates about cycling. Philippe Gilbert thinks sweeping most of this year’s classics should earn him a little respect as his Omega Pharma teams announces plans to merge with Quick Step.

Finally, swapping your car for a bike could put you in the money. Especially if you’re in the habit of parking it in the bike lane in Vilnius, Lithuania; thanks to Greg Whitman and John Stesny for the links.

And thanks to EcoVelo for putting the relatively low risk of bicycling in clear perspective.