Search results for bikes have rights

People for Bikes — giving you the power to change the world

August 3, 2010 / / 4 comments

According to Tim Blumenthal, bikes have the power to change the world.

As the president of the Bikes Belong Foundation, Blumenthal is one of the founders of People for Bikes, a new organization dedicated to making that change happen and finding a place on the streets — and in the federal budget — for the country’s rapidly expanding community of cyclists.

Created and funded by the Bikes Belong Foundation, a non-profit offshoot of the respected industry trade group Bikes Belong, People for Bikes was founded with a goal of building a nationwide coalition of one million bicyclists, one rider at a time — giving cyclists the clout that drivers have long enjoyed through organizations such as AAA.

According to Blumenthal, there are somewhere around 50 million bicyclists in the U.S., yet less than 1% of those have ever actively stood up to demand their rights and the support of their government — a number Blumenthal places at around 250,000 people.

So pat yourself on the back if you’re one of them.

Even though People for Bikes is supported by the bike industry — financially and otherwise — Blumenthal insists it operates independently of the business group.

“I’ve never been put under any pressure by any of the manufacturers,” he said. Rather than looking for instant results or increased sales, all of the companies involved take the long view, believing that bikes are good for the country.

He added that the group’s parent organization, the Bikes Belong Foundation, is also made up of leading organizations dedicated to the public good such as the Centers for Disease Control, the Kaiser Family Foundation and the Robert Wood Johnson Foundation. Just four years old, the foundation has rapidly become a major donor for local biking projects, including a grant to the LACBC to help build a regional bike-friendly community plan through the REI/Bicycle Friendly Communities Grant Program earlier this year.

In addition, People for Bikes has partnered with advocacy groups such as the League of American Bicyclists, the Alliance for Biking and Walking and the Rails to Trails Conservancy. And they’ve recently joined with New Belgium Brewery’s Tour de Fat, scheduled to visit Downtown’s L.A. State Historic Park on October 23rd.

Aside from simply signing up cyclists, the immediate goal of People for Bikes is to ensure the maximum percentage of funding for bike and pedestrian projects in the federal transportation bill to be considered next year.

Blumenthal traced a rising line through recent federal budgets, from just $450 million for bikes and pedestrians in 2000, to $700 million in 2007 and $1.3 billion this year, with a goal of $2 billion in 2012.

“Bike facilities don’t cost much compared to other transportation projects,” he continued, adding that bicyclists deserve better, safer and more convenient places to ride, such as dedicated bikeways, bike boulevards and separated bike paths.

In order to significantly increase the number of cyclists nationwide, average riders need to feel safe enough to ride regularly, according to Blumenthal. While stronger riders may feel comfortable riding in traffic or in a bike lane, for others, “a white stripe isn’t enough to make them feel safe.”

What’s necessary, he said, is to change the current culture where drivers have been prioritized and cars are king. But changing that car-centric mindset won’t be easy, as various users compete for increasingly limited space on and off the roads.

The first step, Blumenthal said, is simply to sign the pledge.

It’s a free and easy way to get involved — a “no brainer,” as he called it — adding that the organization won’t ask for anything other than your name, email address and zip code. (Something I can vouch for, having signed up a few months back myself.)

“It doesn’t matter what kind of bike you ride or where you ride,” Blumenthal continued. “People for Bikes is designed to unify all Americans who ride bikes.”

He explained that this is your opportunity to be part of a movement to increase the clout and credibility of bicyclists with key decision makers, and become a potent force in future legislation to make this a safer and more ridable country for cyclists of all types.

“More clout,” he said, “equals better bicycling.”

………

Bicycle Advisory Committee Chair Glenn Bailey reports that tonight’s scheduled meeting of the BAC has been postponed to accommodate the LAPD’s observance of the National Night Out. The meeting will take place on Monday, August 9 at 7 pm at the Hollywood Neighborhood City Hall Community Room, 6501 Fountain Avenue, Los Angeles, CA 90028.

According to Bailey, the meeting will feature the revised bike plan, as well as a report from the LAPD.

At Monday’s rescheduled meeting, the City Planning Department will be presenting the revised draft Bicycle Plan as well as the proposed Five-Year Implementation Strategy.  Also, the LAPD will report its recent policy and training efforts relating to bicycling.  The revised special meeting agenda will be emailed in the next day or so.

………

Curbed LA relays a story from the Daily Bruin reporting on bad roads in Westwood — one of the city’s busiest biking centers — that take down riders on a regular basis. The city advises calling 311 to report potholes, saying they can be fixed within 48 hours. Although in my experience, patch jobs usually aren’t enough and often make the road rougher than it was before.

………

Just five weeks after suffering a heart attack, local rider GT gets the best news he could possibly get. Robert Sam Sanchez begins his prison term for the drunken hit-and-run death of Rod Armas. Lance tells Antonio the goal is to stay on the bike, while Stephen Box calls on the Mayor to take advantage of the opportunity. Malibu wants a safer PCH; then again, so do cyclists. Cyclists demand change at the Beverly Hills Court House. Bike lawyer Bob Mionske advises you to keep your cool, even when the cop that pulls you over is wrong. Listen my children and you shall hear of cyclists calling “the bulldozers are near;” thanks to George Wolfburg for the heads up. Discovering bike parking in NYC. Illinois will now install and maintain roadside memorials to people killed by reckless drivers. The League of American Bicyclists says act now to stop the spread of roadside rumble strips. The National Journal asks if cyclists and pedestrians will squeeze out cars; LAB President Andy Clarke says transportation is not a zero sum game. A three-year old Cleveland boy is seriously injured by a hit-and-run cyclist who claimed his brakes weren’t working. After being seriously injured riding off-road, a Philadelphia cyclist tweets for help. Only one third of Toronto cyclists are comfortable riding major streets without bike lanes. Ticketing dangerous Delhi drivers through Facebook.

Finally, Boston Biker says electric bikes are nothing more than crappy mountain bikes made heavier and more expensive.

Category: General / Tags: , , ,

The Google now loves bikes and other assorted links

March 10, 2010 / / 4 comments

In a move long-awaited by cyclists — and currently running rampant through the biking blogosphere — Google announced the beta version of its Google Map biking directions at the National Bike Summit currently taking place in Washington, DC.

It allows you to call up bike maps for any of 155 cities throughout the U.S., including the entire Los Angeles metropolitan area, and allows you to zoom in to show street-level detail. Like their driving and transit maps, the bike maps allow you to enter a starting and ending point, and will map out a presumably bike-friendly route “optimized for cycling, taking advantage of bike trails, bike lanes, and bike-friendly streets and avoiding hilly terrain whenever possible.”

I say presumably, because early tests have been mixed.

This morning, I tried entering two trips starting from the Coffee Bean at the intersection of Santa Monica and Beverly Glenn boulevards.

The first, plotting out a route to the Santa Monica Pier, was a disaster to put it mildly. The odd, circuitous route it suggested added 10 unnecessary turns — and nearly a mile of riding — at the beginning, when all it had to say was “get on your bike and ride west in the bike lane on Santa Monica Blvd.” Then instead of recommending the reasonably safe bike lanes on Ocean Blvd in Santa Monica, it suggests walking down a flight of stairs and riding on the walkway through Palisades Park, even though riding on the sidewalk is illegal in Santa Monica.

The second attempt, riding east to Downtown’s City Hall, proved much better. Again, it starts out with a strange loop at the beginning, when it would be far easier to simply get on the bike lane on Santa Monica and ride east. Then it follows the same route I would take through Beverly Hills, before recommending riding Olympic Blvd to Downtown — which is actually a decent route, though many cyclists could feel uncomfortable on such a busy, high-speed street. And ends by directing you to ride past the main entrance to City Hall, around the block to the Spring Street employee-only entrance.

Maybe Google assumes no one but a city employee would want to go there.

It’s a good start, and could prove invaluable down the road, giving cyclists the ability to successfully navigate their own cities, as well as visit places they’ve never gone before. Although it didn’t take long for the bike haters to jump in.

But there are a lot of bugs that will have to be worked out.

As JJ Hoffman, River Ride Director for the LACBC, put it:

Google gives you an option to email them to correct their directions.  I will be exercising that option.

………

Other news from the national Bike Summit currently taking place in Washington, DC.

Bikes Belong launches a new campaign to unite bike riders of all types in a single voice; BikePortland says think of it as a MoveOn.org for bikes. Evidently, some members of the Senate Bike Caucus support bikes in name only; notice the lack of any members from the once Golden State. And the LACBC has sent its own delegation to the Street Summit, with meetings scheduled with a number of SoCal Congress men and women — though evidently neither of our non-Bike Caucus Senators, one of whom is running for re-election. (Note to Barbara Boxer — we vote, too.)

………

It was an exceptionally bad weekend for cyclists in the Southern hemisphere. A young Australian cycling champ was killed on a training ride Saturday when he failed to make a turn. Meanwhile, three “outstanding” South African cyclists were killed on a training ride when they were struck by a driver who claimed to be blinded by the sun; a fourth died later in the hospital.

One of the surviving riders succinctly summed up the horror:

“I was slip-streaming… I looked up, saw the bakkie (ed: pickup) and then it hit me. Everything happened so fast. The next thing, the paramedics woke me up and I heard the doctor telling someone to cover the three bodies with a blanket.”

The driver has been charged with homicide.

………

The LACBC reminds you about the ongoing input meetings for L.A. County Bicycle Master Plan, including tonight’s session at the Marina del Rey Library, where the Marina bike path crosses Admiralty Way. Stephen Box takes Metro to task for failing to meet minimal standards for bike parking at the Hollywood and Vine Metro Station. Photos from the Bike Kitchen’s 5th Anniversary celebration. Miley Cyrus takes to her bike in Toluca Lake, though she could use a few adjustments. The amazingly cool bike sculptures of Robertus Joost van der Wege go on display in Forth Worth; could be worth a trip to Texas just to check it out. Cyclists may soon be able to share Pennsylvania Avenue with the President; but maybe a bike lane isn’t always the best solution. Lance says don’t count on him to beat Contador in this year’s Le Tour. Floyd Landis finally gets a new team, though it’s a big step down for a former Tour non-winner. Oddly, a survey of motorists conducted by a car insurance company and posted on an Automotive news site shows that most drivers want cyclists to pay road fees and ride somewhere else; half also admitted to having little understanding of bike laws — evidently, the rest either wouldn’t admit it or don’t realize how little they know. Changes to Ontario’s auto insurance regulations could put cyclists and pedestrians at risk. Kiwi cyclists can now fly, as a New Zealand inventor unveils a new pedal-powered monorail. The good news, Toronto gets a new bike lane; the bad news, it’s full of cabs waiting for fares — with a traffic cop guiding them. To survive on London streets, women riders should be less ladylike.

Finally, a London cyclist was killed at almost the same time London’s mayor unveiled a new Cycle Safety Action Plan; I’ll let you know what I think about it when I have a chance to read it. And if anyone from Metro is reading, something like this could be a great outgrowth of the new Metro Bicycle Roundtable.

Category: General / Tags: , , ,

To be honest though, some of these bike-haters have a point

February 1, 2010 / / 22 comments

A cyclist waits patiently for the light to change — something some drivers say they've never seen.

I admit it.

I spend a lot of time on here making fun of drivers.

Not all drivers, of course; after all, I’m one myself. Though these days, I find myself spending less and less time behind the wheel, and more on two wheels, two feet or even — gasp! — on a bus, which is how I made it to the last few meetings I attended at City Hall.

Not only did I survive, I actually enjoyed myself. And didn’t have to spend half an hour and the entire contents of my wallet to secure a parking space nearly as far from my destination as I was when I started out.

And not even most drivers. No, I’m talking about that relative handful of intellectual giants who’ll tell you that all cyclists run red lights, despite demonstrable evidence to the contrary at just about any signalized intersection in town.

Sure, stand there long enough, and you’ll see one or more death-defying kamikaze bike pilots blow through the light as if it, and the cars crisscrossing their path, weren’t there. But you’ll also see other riders who’ll wait patiently for the light to change.

Or the ones who complain about dangerous, unpredictable cyclists hogging the traffic lane, as they sit behind the wheel of their Hummers and Escalades applying their makeup and texting.

But they do have a point, up to a point.

I would argue there are more cyclists who safely share the road, observing traffic signals and right-of-way rules, than there are those who don’t. But you don’t have to spend a lot of time on the road to spot a few who seem to push the limits of safety and sanity.

Take the rider I saw this afternoon. Please.

There he was, blithely cruising through heavy traffic on a busy L.A. boulevard, headphones on and riding in the lane with no hands, a shopping bag dangling from one hand. Fortunately, most drivers were going out of their way to give him a wide berth.

Then again, most Angelenos try to avoid crazy people in the street.

Then there was the guy on the mountain bike who was making his way on the wrong side of the same street, like a salmon going upstream to spawn. And just as a salmon dies after spawning, I wouldn’t have wanted to lay odds on his chances of survival.

It’s one thing to take the lane. But seriously, you’re far better off going with the flow of traffic, instead of wondering why all those people are honking and swearing as they swerve around you.

Of course, I’ve seen worse.

Like the guy who took the lane on Santa Monica Boulevard as he rode through Century City awhile back, despite the presence of one of the city’s better bike lanes sitting clear and unobstructed just a few feet to his right — and a long line of unexpectedly patient drivers following behind. That is, until a cab driver tried to slide by him to get to the right turn lane, and had to endure a violent tirade from the rider for trying to pass him in the bike lane. And yes, that’s the same bike lane he had no interest in using himself.

Or there were the two guys I saw blow through a red light last summer, even though that meant worming their way through a crowded crosswalk, as people struggled to jump out of their path.

For anyone out there who may not be clear on the subject, pedestrians in the crosswalk have the right-of-way. Always.

Period.

I somehow managed to resist the temptation to chase them down and shove their bikes into the same orifice their heads seemed to occupy.

Yet, if you listen to the comments these drivers make, that’s exactly what we’re supposed to do. They expect us to assume responsibility for every law-breaking jerk on two-wheels.

We’re told that it’s up the bicycling community to make the outlaw cyclists straighten up and ride right. And that’s the only way we’ll earn the respect of drivers, and earn our place on the streets.

Which is absurd, of course.

While I would hope that everyone would learn to ride safely — and use a little common sense while they’re at it — our right to the road is already guaranteed by law. It’s not something that has to be earned, or a consideration given by those who share the road with us.

They’re obligated to share the road, safely, regardless of whether they think it’s safe, or smart. And whether they like it or not.

How someone else rides is no more your responsibility than those who speed, fail to signal or make illegal U-Turns are my responsibility when I’m behind the wheel, or that of any other driver on the road.

And until they get that, I don’t expect their respect.

And people like that shouldn’t expect ours.

………

One of the few things I’ve never experienced on a bike — two flats at the same time, from the same pothole. Creek Freak notes improvements to the Elysian Valley Bike Path. The issue isn’t why more men support vehicular cycling, but why so few women ride. Riding Miami’s life-risking Rickenbaker Causeway, two weeks after another rider is killed. Are bikes expensive toys or serious transportation? A Kiwi Olympian is injured in crossing collision in bike-unfriendly Christchurch. In Copenhagen, even manhole covers are bike friendly. Finally, a reminder that people can’t be put back together after an accident.

Category: General / Tags: , , ,

Today’s post, in which I prepare to talk bikes on KPCC

November 10, 2009 / / 8 comments

The closest I’ve ever come to being on the radio was when I was a kid, and talked the local late-night DJ into playing Pink Floyd’s classic Several Species of Small Furry Animals Gathered Together in a Cave and Grooving with a Pict.

Which I’m sure had nothing to do with the suspension he received the next day.

That’s about to change.

Wednesday morning, I’m going to be on the AirTalk program, along with LADOT Senior Bikeways Coordinator Michelle Mowery, on Pasadena public radio station KPCC.

It’s a sequel to last week’s lively discussion about the Good Doctor’s trial and well-deserved conviction. I’m hoping to correct a number of misconceptions from the original show and the online comments that followed, such as the idea that it’s illegal to ride two-abreast and that it’s safer to ride on the sidewalk — or illegal to ride on the sidewalk.

Wrong on all counts.

No, really.

Here’s how they describe the upcoming program:

Topic: PAVEMENT WARS – PART 2: Last week we talked about the assault, battery and mayhem convictions of Dr. Christopher Thompson, who attacked a group of cyclists on Mandeville Canyon Road by swerving his car in front of them and jamming on the brakes, seriously injuring two of them. Response to the segment was overwhelming. However, many KPCC listeners raised questions about the laws that govern cyclists. Are cyclists required to yield for passing cars? Are bikes permitted on sidewalks? What are the rights and responsibilities of California cyclists? And what is being done to improve conditions for bikes?

You can tune in from 10:20 to 11 am Wednesday, November 11 at 89.3 FM. If you’re stuck at work or outside their broadcast range, you can connect to the live streaming broadcast on their website at www.scpr.org/programs/airtalk. Or come back later in the day to download a podcast of the program.

It should be a very interesting discussion.

And I promise not to make Larry Mantle do anything that will get him suspended.

………

Stephen Box offers a powerful reminder that the Good Doctor’s conviction is just one case out of many that never get that far. Will Campbell explains why he’ll just go for a bike ride during next year’s Stadium to the Sea L.A. Marathon. LACBC offers their comments on the new bike plan, while Long Beach is on a mission to become the most bike-friendly community in America. L.A. used to have a state-of-the-art elevated bikeway. Seriously. More great shots from Russ and Laura’s West coast bike tour. Seattle has a new cycling mayor. D.C.’s cycling mayor clogs traffic; or maybe it’s the media trucks who follow looking for a story. Finally, New York added 200 miles of bikeways over the last three years; now bike commuting is up 66% in just two years. Coincidence?

Category: General / Tags: , , , , ,

Bikes and politics: Choosing the best candidate in CD2

September 17, 2009 / / Comments Off on Bikes and politics: Choosing the best candidate in CD2

Maybe you didn’t notice that we have yet another election next week, in L.A.’s 2nd Council District.

However, unlike the recent race in CD 5, I haven’t been involved in this one.

That’s partly due to the overwhelming number of candidates in the race. It was hard enough keeping up with a race with just six candidates, five of whom eventually submitted statements discussing their stands on local bicycling issues — including the eventual winner, Paul Koretz.

And partly due to plain old-fashioned political burnout, after last fall’s election, followed shortly by two elections in CD5 and the race in state Senate District 26, eventually won by Curren Price.

Frankly, by the time it was over, I didn’t want to hear from or about any more candidates. Even if they promised to turn the Santa Monica Freeway into the city’s first bike boulevard.

Fortunately, Damien Newton over at Streetsblog stepped in to pick up the slack.

So far, he’s managed to get responses from seven of the 10 candidates — which I’ve learned is no easy task. Some offered the typical by-the-numbers, guaranteed-not-to-offend anyone answers; yet a surprising number have shown real insight into this city’s many transportation issues.

Most of the candidates oppose the mayor’s plan to trade the city’s parking meters for a bundle of cash and a player to be named later, and oppose the automatic speed limit increases currently mandated by state law — something AB 766, sponsored by one of the candidates for the CD2 seat, would address. Even if some people don’t want to talk about it.

All seven seem to support cycling, as well as other forms of alternative transportation. And all support measures to help keep riders safer on the roads, with varying degrees of insight.

Cycling activist Stephen Box also seems to have made an impression on just about all of them. But then, he has a way of doing that. Just ask Tom LaBonge.

Even if you’re as tired of the endless electoral cycle as I am, though, this election matters.

And your vote matters.

So allow me, briefly, to be obnoxiously self-indulgent and quote something I wrote during the CD5 campaign. Because it’s just as appropriate today, in this election, as it was seven months ago.

One of these people will be the one we turn to when we need to address the lack of cycling infrastructure in this city. He or she will also be responsible, along with the other members of the council, for turning the Cyclists’ Bill of Rights from mere words to meaningful change, as well as addressing the future of transportation — and quality of life — in this city. And by extension, for every city in the surrounding metro area.

This same person will be the one you’ll reach out to whenever you have a problem or concern in this district — and hope that… he or she will actually listen to you, and do something about it.

It matters. Not just for the (2nd) District, but for the 4th, 12th and 15th. And every other district, and for every other cyclist, in the city.

In a race with this many candidates, and the notoriously low voter turnout in this city’s local elections, a single vote could actually make a difference.

Your vote matters. Your support matters.

It all matters.

No really, it does.

So take a moment to click on the links below and read what the candidates have to say. And if you live in CD2, make time to vote on Tuesday.

Assuming there’s a runoff — which is almost guaranteed with so many candidates — I’ll ask the winning candidates to get more specific about cycling issues before the next election.

Because we need to elect people who care about bicycling.

And about making this city a better place. For all of us.

Mary Benson

Chris Essel

Tamar Galatzan

Paul Krekorian

Michael McCue

Frank Sheftel

Zuma Dogg

Not responding as of Sept 17, 2009: Augusto Bisani, Jozef Thomas “Joe” Essavi, Pete Sanchez.

I won’t tell you how to vote. But considering that openness and responsiveness are two of important qualities a council member, failing to respond to Damien’s questionnaire really isn’t a good sign.

………

Santa Monica’s AltCar Expo will offer an expanded bike section, Oct. 2 &3 at the Civic Auditorium. The Anonymous Cyclist — whose secret identity I know, but you’ll never get it out of me — offers you a chance to write to anything you want about cycling. Anonymously, I assume. Damien drops Santa Monica from Friday’s Park(ing) Day Ride after Santa Monica drops Park(ing) Day. Alex gets the response he expected to his comments about bike theft vigilantes. The Valley gets its first Bike Kitchen/Bikerowave-style co-op. Elisa at Bike Skirt says just let her ride and don’t try to label her. Bob Mionske tells the tale of two young Canadians; one who grew up to be a cyclist, and the former Attorney General who went on to kill him. The Tucson Bike Lawyer says it actually is against the law to kill a cyclist in the bike lane, if they could only get someone to press charges. Finally, a cyclist in my home town is hit by a car; police say charges will depend on the extent of his injuries. Are they suggesting that it’s okay hit one of us, as long as you don’t kill anyone?

Category: General / Tags: , , , ,

What You Need to Know about Police Reports

May 25, 2017 / / 4 comments
Bikes Have Rights™
By James L. Pocrass, Esq.
Pocrass & De Los Reyes LLP

 

A close up view of a traffic collision report form.

I settled a Malibu bike collision case in which the driver of a motor vehicle made a left turn into the cyclist. The accident happened at dusk; it was not dark out yet. The police report states that the cyclist was cited for “unsafe speed conditions” because the cyclist was wearing all black.

When I was taking the sheriff’s deposition, I asked him why he cited the cyclist for wearing all black. He told me he asked another officer at the station who told him that because the cyclist was wearing all black, he was going too fast for the conditions.

The cyclist was going 15 – 20 mph! This conclusion is absolutely wrong. What the cyclist was wearing had nothing to with “unsafe speed conditions” (VC 22350).

More recently I represented a woman who suffered serious personal injuries in a pedestrian collision. My client was crossing in the crosswalk, with the light, when she was struck by a motor vehicle. When I took the deposition of the police officer I asked him why he didn’t take a witness statement from the friend who was walking next to her at the time of the collision. His answer was that as a friend of the victim he figured the witness would be biased and would just back up whatever the victim said. Regardless, it was the officer’s responsibility to take statements from all witnesses.

I have represented hundreds of cyclists. The one constant in all of these cases is the police report. I’d estimate that 60 percent of the time, the police reports I see blame the cyclist for the collision.

So is it worth getting a police report? Simply, yes.

Though police officers are often biased against cyclists, they usually get the facts of a bike collision correct. Such details as: the time, place, weather, what direction each participant was going and where they were located when the accident happened, contact information for witnesses, confirmation of insurance, and any physical evidence at the scene, is usually recorded correctly.

It is the police officer’s conclusion that is typically wrong. Though I would much rather police officers would lose their cyclist bias, filing a police report is still beneficial to your legal case and to your insurance claim because it sets out in writing the basic facts.

If the police refuse to come to the scene or they come to the scene but refuse to take a police report, I suggest you go to the nearest police station and file a report yourself.

Police reports with tainted conclusions or incorrect facts also need to be addressed. You can go to the police station and file a Supplemental Statement. This allows you to correct the facts and is attached to the original report. Though the police won’t change their police report, at least your version or the correct facts will be in the report.

The filing of a biased or incorrect police report will make the handling of your case or insurance claim more difficult, but the police report and the opinions and conclusions of the police officer are not admissible in court since in most instances the officer did not see the accident themselves. This makes most police reports hearsay and not admitted into evidence.

Where police reports have an effect is on the insurance company. When the insurance company reads the police report and accepts the officer’s conclusions, it may refuse to settle your case or offer you much less compensation than which you are entitled.

The result is that we have to file a lawsuit, gather evidence, and take the police officer’s deposition to prove the officer was wrong. Frequently it is during or after the deposition stage that the insurance company will offer to settle the case to avoid going to court.

Now a days a number of cities – including the City of Los Angeles – will not send an officer to the scene of the collision if there are no injuries (and you should NEVER comment on injuries or guilt to ANYONE, including a police officer).

If you are in a collision and the police refuse to come to the scene, but you want a police report taken, you will need to go to the nearest police department to file a report as I mention above. Getting the facts on the record is always helpful.

Remember, filing a police report does not mean you have to file a legal case. It can assist you in collecting compensation for damages you incurred in the bike collision and, should you decide to take legal action later, a police report will be of value to your bike collision lawyer as he is pursuing 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. . .

Jim Pocrass, Pocrass & De Los Reyes LLP

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 in America and to Southern California Super Lawyers lists 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.

 
Category: Bikes Have Rights / Tags: , , , , ,

Attorney Solves the Great Mystery of the “No Biking In Crosswalk” Signs

February 18, 2016 / / 7 comments
Bikes Have Rights™
By James L. Pocrass, Esq.
Pocrass & De Los Reyes LLP

USC Crosswalk Sign

Cyclists biking around the University of Southern California may once again be stopped and cited for riding their bikes in a crosswalk.

The officer stopping them, whether they are from the Los Angeles Police Department or USC security, when asked why they are writing a ticket might reference the sign that reads “Walk Bikes In Crosswalk” as the reason for citing the cyclist. What the officer apparently doesn’t know is that there is no such law, regardless of what the signs says.

At the Los Angeles County Bicycle Coalition Open House a couple of months ago, I met a graduate student who attends USC and who is a cyclist. He told me about this sign at Jefferson and Royal, and a few others like it, near the USC campus. He wanted to know if these signs were accurate and enforceable. A few days later he took and emailed me the accompanying photo.

I knew this wasn’t a question of law as bicycles can be ridden – legally – through crosswalks. So where and how and why was this sign on the street?

We contacted Sgt. Flynn of the LAPD, Central Traffic Division, who said, “I do not know of any California Vehicle Code section that states you can’t ride your bike in a crosswalk.  The only section that someone could be cited for, if it is an official sign, would be CVC 21461(a)vc ‘Official Traffic Sign or Signal-failure of Driver to Obey Regulatory Provisions.’”

So where did this sign come from and why is it still there? What we found out after many, many telephone calls and emails, is that the sign is reflective of old laws that empowered officers to cite bicyclists for not walking their bikes in a crosswalk. But that law was taken off the books in 2006.

This is not a new issue, particularly in the USC neighborhood. In September 2009, the Daily Trojan reported that a task force of LAPD officers and USC security was being put together to regulate safety. This would include sting operations set up at intersections to cite cyclists riding their bikes in crosswalks. Citations could cost up to $250.

On Jan. 12, 2010, four months later, Streetsblog wrote a more extensive article on this same topic called “If You Want to Know Bicycle Law, Don’t Ask the California Highway Patrol, Part 2.” Streetsblog reported that, as we know, there was no law that stated that cyclists had to dismount and walk their bikes in crosswalks. Ten years later, since the 2006 change in the law, we’re still discussing these same issues.

Los Angeles Department of Transportation has jurisdiction over most traffic devices – signs and signals – in the City of Los Angeles. DOT employees confirmed that this sign is a DOT sign and it was installed by DOT.

LADOT’s Bicycle Coordinator Michelle Mowrey was one of the people involved in the 2006 modifications of the California Vehicle Code that resulted in the removal of the law that bicycles had to be walked through crosswalks.

When we asked Mowrey about this sign, she told me that whether or not it is reflecting the pre-2006 law, it is a non-standard sign.  Mowrey told us that though the sign doesn’t appear in any Caltrans’ manuals, a black-and-yellow sign, as it is, indicates that it’s a warning sign, not a regulatory sign, which is black-and-white. Citations can be issued only on regulatory black-and-white signs. That’s why speed limit signs are black-and-white and “Share the Road” signs are black-and-yellow.

An LAPD representative said the LAPD was not involved in the signs. We were told their opinion of the sign is that it is a safety recommendation. Our question, then, would be, do LAPD officers know that or are they still ticketing cyclists for disobeying the sign? We don’t have an answer to that question.

We talked to three different people at LADOT about why these signs were up. In essence, they all said that after the law was changed, in 2006, steps were taken to remove signs like these on all city streets. These signs were overlooked, apparently, and it was just an oversight.

Mehrdad Moshskar, LADOT’s central district engineer, was our next stop. We were referred to him to find out how to get the signs removed. Moshskar assured me that all of these signs in that area of town would be removed soon.

People have asked me if I thought the signs originated with USC. I have no idea, and no one knew or was willing to tell me.

The official answer came from Tim Fremaux in the LADOT Bicycle Coordination Department who said, “Anyone can submit any traffic-related request via myladot.lacity.org and it will be reviewed. If DOT approves the request, it will be implemented on our streets.”

There are Traffic Division and Bicycle Liason meetings held on a quarterly basis, which are open to the public. These meetings include representatives from LADOT, USC, the Los Angeles City Attorney’s office and other public groups. For more information about these meetings, contact Lt. Chris Ramirez at 213-486-6000.

Meanwhile, if anybody goes past Jefferson and Royal, would you email me at info@pocrass.com and let me know if the sign is still up?

 

Jim Pocrass, Pocrass & De Los Reyes LLP

Jim Pocrass, Pocrass & De Los Reyes LLP

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.

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

Morning Links: A bridge over troubled roadway, post memorial hit-and-run, and buffed Cipollini in the buff

February 18, 2016 / / One comment

Metro is preparing to open a new pedestrian bridge linking the Universal City Metro stop to the Universal Studios across the street this April.

Because slowing traffic and fixing the street on busy Lankershim Blvd so it would be safe for pedestrians was apparently out of the question.

So if you take your bike on the subway to visit City Walk or take the studio tour, you’ll need to either cart it over the elevated walkway — if bikes are allowed on it — or risk your life crossing a street that city officials seemingly determined was too dangerous to fix.

………

Something is seriously wrong when a bike rider is injured in a left cross hit-and-run after attending a memorial for a fallen 13-year old San Diego bicyclist. Thanks to Bryan Jones for the heads-up.

………

Italian cycling great Mario Cipollini responds to complaints about riding without a helmet by donning one to ride on rollers. And doffing everything else.

………

Local

The Biking Black Hole is looking for volunteers to test its new bikeshare program starting next Monday; there will be two stations with 50 bikes in Beverly Hills during the pilot phase, part of the promised expansion of Santa Monica’s Breeze bikeshare program. Although the question remains whether users will be able to find a safe place to ride in the notoriously bike-unfriendly city.

CiclaValley urges you to write to keep Griffith Park’s Mt. Hollywood Drive closed to motor vehicles, citing Burbank’s Mariposa Street bridge debacle as an example of what could happen.

 

State

Irvine is asking bike riders to ring a bell to politely announce their presence. Or you could just say “hello” or “excuse me.”

The San Diego Reader talks to local residents who accepted New Belgium Brewery’s challenge to live carfree for a full year, and finds they like it.

Tres shock! A planned road diet reducing the Coast Highway in Oceanside to two lanes, along with bike lanes on either side, is meeting resistance from some local residents. Not unlike virtually every proposed road diet, and most bike lanes, everywhere.

The CHP blames a Palo Alto cyclist for making an unsafe lane change in a fatal collision; he was riding in a bike lane that forces riders to cross high speed traffic merging right onto an on ramp. From the description, it sounds like the real person responsible the tragedy is whoever designed the bike lanes in the first place. Not to mention whoever approved a 55 mph speed limit on a surface street.

A Dublin driver who hit a 12-year old boy riding his bike swears he didn’t do it on purpose; fortunately, the victim is expected to survive.

 

National

Dallas and Forth Worth plan a 64-mile bike trail connecting the two cities. Yet we can’t even manage to get a continuous bikeway connecting Downtown LA and Santa Monica.

Women bike messengers in Chicago call for an end to cat calls and harassment. Seriously, women should just be allowed to do their jobs, and ride a bike without being subjected to abuse.

Urbana IL police donate abandoned and unclaimed bikes to people who need transportation.

A Brooklyn street gets an upgrade from sharrows to buffered bike lanes after overcoming previous opposition. Meanwhile, the head of a neighborhood group is trying to stir up a scandal, saying two members of a community board should have abstained from the vote that overwhelmingly approved bike lanes on another street, even though it wouldn’t have made a damn bit of difference in the outcome.

NY Streetsblog questions why one police precinct openly permits illegal parking in a bike lane.

Outside reports on the sad last days of BMX legend Dave Mirra, who took his own life in North Carolina earlier this month; friends say he was depressed and had lost direction, despite making plans for a comeback.

 

International

Caught on video: A British cyclist narrowly escapes being hit by a large truck in a dangerously close pass.

Former Brit pro cyclist David Millar says he can teach young cyclists about the dangers of doping, following his two-year ban for using EPO. In that case, just imagine what Lance could teach.

Russian two-time road cycling bronze medalist Olga Zabelinskaya is cleared to compete in the Rio Olympics after accepting a postdated 18-month ban for a performance enhancing drug, which expired five months ago.

To cut down on congestion, Mumbai is proposing to ban all new car and motorcycle registrations after a yet-to-be-determined date; the city also plans 100 new cycle tracks, among other roadway improvements.

The five best places to ride you bike on your next business trip or vacation in Abu Dhabi.

Aussie world track champ Annette Edmondson is lucky to escape serious injury after t-boning a car on a blind corner at 31 mph.

A Singapore writer puts his own local spin on the old “we’re not (insert bike-friendly city here) cliché.

 

Finally…

Why roll when you can walk while you ride. Now you can use your butt to fill your tires.

And who needs wheels when you’ve got snow?

……..

Come back later this today when we’ll have the latest Bikes Have Rights guest post from LA bike lawyer and LACBC board member Jim Pocrass.

Category: Bikeshare, Morning Links / Tags: , , , , , , ,

Juries, Judges and Your Bike Crash

July 29, 2015 / / 14 comments
Bikes Have Rights™
By James L. Pocrass, Esq.
Pocrass & De Los Reyes LLP 

Jury box

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Jim Pocrass Trimmed

Jim Pocrass, Pocrass & De Los Reyes LLP

For more than 30 years, Jim Pocrass has represented people who were seriously injured, or families who lost a loved one in a wrongful death, due to the carelessness or negligence of another. Jim is repeatedly named to Best Lawyers of America and to Southern California Super Lawyers for the outstanding results he consistently achieves for his clients. Having represented hundreds of cyclists during his career, and Jim’s own interest in cycling, have resulted in him becoming a bicycle advocate. He is a board member of the Los Angeles County Bicycle Coalition. For a free, no-obligation consultation, contact Jim Pocrass at 310.550.9050 or at info@pocrass.com or visit www.pocrass.com.

 

 

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

Why Attorneys Tell You To Never Admit Guilt

June 17, 2015 / / 2 comments
Bikes Have Rights™
By James L. Pocrass, Esq.
Pocrass & De Los Reyes LLP 

Pocrass Photo 6-15

Immediately after any type of motor vehicle “accident” (bicycle, pedestrian, motorcycle, car), most people have two reactions: 1.) to blame the other person or 2.) to say “I’m sorry; it was my fault.” As a personal injury lawyer, I counsel people to NEVER admit guilt after a crash of any type. Whether you are or are not liable, I guarantee such a statement will come back to bite you in ways you never expected.

The most important reason for not admitting guilt, which is, in legal terms, admitting liability, is because you probably don’t really know the cause of the collision.

Example: We recently had a client who was in a Santa Monica bicycle collision. He came up to a four-way stop and rolled slowly through it, getting halfway through intersection. Meanwhile, an 80-something-year-old woman drove up to the intersection, stopped, and went, hitting our client in the intersection.

During the deposition, the woman insisted that she never saw anyone or anything in the intersection. (I admit, I laughed inside at the insurance company lawyer’s expression.) The insurance company settled for a five-figure settlement.

This was an unusual situation, but the point is, you really don’t know exactly what the complete cause of your bike collision is, and, therefore, who is liable. Yes, you might be partially liable if you do not follow the rules of the road, but there may be extenuating circumstances that contributed to the collision. These could be:

  • Road Design: the road or signage was not designed well, maintained, in disrepair, or missing.
  • Product Liability: your bike or the other vehicle could have defective parts or been repaired, maintained, or manufactured incorrectly.
  • Other Driver: also might not be following the rules of the road.

If any of these conditions exist, your case — even if you are partially liable for the collision — could allow me as your bike lawyer to argue for comparative liability.

California recognizes comparative liability, which states that each party might hold some responsibility for the collision. If your case were to go to trial, the judge or jury decides IF each party is liable for the collision and, if so, what percentage of liability each party is responsible for.

Consider this hypothetical situation: You are riding your bike at night. You have no lights on your bike. As you ride past a parked car, the driver opens his door and you are “doored.” You suffer serious personal injuries and your bike is trashed. The case goes to a jury trial.

The jury decides that because you were riding at night without lights — clearly against the law — you are partially liable for the collision. They may determine that you are 10% responsible and the driver is 90% liable. In that situation, if they awarded you a $100,000 verdict, you would receive $90,000 from the driver’s insurance company rather than the full $100,000.

Once you have admitted guilt at the scene (or in follow up conversations with the other driver’s insurance company), it becomes more difficult for your attorney to argue comparative negligence. It also means that it is more likely that the insurance company will either refuse to settle or low-ball its offer.

Trials are always more expensive in cost and in time than settlements, so if a fair settlement is possible, that is the more desirable route. (Of course you wouldn’t say THAT to an insurance company either because if it thinks you’re not prepared to go to trial you’re back to them either refusing to settle or low-balling their offer. It’s all a chess game with serious consequences for you.)

I have a friend who is a criminal attorney. He once told me the most difficult part of his job is trying to undo what his clients have told the police. As a civil attorney, I understand. It is very difficult to “unring a bell.” So, please, don’t admit liability or guilt. Let us sort that out later.

 

Jim Pocrass TrimmedFor more than 30 years, Jim Pocrass has represented people who were seriously injured, or families who lost a loved one in a wrongful death, due to the carelessness or negligence of another. Jim is repeatedly named to Best Lawyers of America and to Southern California Super Lawyers for the outstanding results he consistently achieves for his clients. Having represented hundreds of cyclists during his career, and Jim’s own interest in cycling, have resulted in him becoming a bicycle advocate. He is a board member of the Los Angeles County Bicycle Coalition. For a free, no-obligation consultation, contact Jim Pocrass at 310.550.9050 or at info@pocrass.com, or visit www.pocrass.com.

 

 

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