Search results for bikes have rights

How Did the Chicken Cross the Road?

April 28, 2015 / / 32 comments

Jim Pocrass, Pocrass & De Los Reyes LLP

Jim Pocrass, Pocrass & De Los Reyes LLP

Bikes Have Rights™
By James L. Pocrass, Esq.
Pocrass & De Los Reyes LLP 
 
Have you ever been asked a question in which the answer seems so obvious that it seems like a trick question? This happened to me recently. A reporter asked me if it were true that, as he was told by a police officer, that you could be ticketed for riding your bike the wrong way in a crosswalk.

The question flabbergasted me. Since when are crosswalks one-directional? Pedestrians walk in crosswalks in both directions. That’s why there are buttons and/or signals on both sides of the street.

Requiring cyclists to only travel with the flow of traffic would lead to absurd results. You would have to cross two streets to go across the street.

The legislature passed Vehicle Code 21650: A bicycle operated on a roadway or a shoulder of a highway, shall be operated in the same direction as vehicles are required to be driven upon the roadway.

Subsection(g) states: This section does not prohibit the operation of bicycles on any shoulder of a highway, on any sidewalk, on any bicycle path within a highway, or along any crosswalk or bicycle path crossing, where the operation is not otherwise prohibited by this code or local ordinance.

The legislative comments to VC 21650.1 say: That had the Legislature wished to include the term “sidewalk” or “crosswalk” it would have done so.

All of this naturally leads me to opine that for the bicyclist to be in violation of VC 21650.1 (riding the wrong way in traffic), the cyclist would have to be riding in the opposite direction of traffic AND be either a.) on the shoulder of a highway or b.) on a roadway. (Again, assuming there is no local ordinance against riding in a crosswalk.)

Shortly thereafter, I received an email from a woman asking for my help. She was hit by a car while riding her bike across the street in a marked crosswalk. The police claimed the accident was her fault.

The law says it is legal for you to go from the sidewalk – against traffic – and ride into the crosswalk to the other sidewalk.

However, if there is a local ordinance that prohibits riding on the sidewalk, which many cities do, especially in commercial areas, AND the local ordinance specifically states that you may not ride through a crosswalk, then riding in the crosswalk and/or the sidewalk would be illegal. If the local ordinance does not state that you cannot ride on the sidewalk or in the crosswalk, then it is legal.

Vehicle Code 275 defines a crosswalk and does not limit it to pedestrians. Subsection(b) expands crosswalks to include: Any portion of a roadway distinctly indicated for pedestrians crossing by lines or other markings on the surface.

Legally riding on the sidewalk – slowly – and looking before entering a crosswalk for other vehicles, especially those making a right or left turn, and looking for pedestrians, should be legal (again, assuming there is no local ordinance restricting you from riding through a crosswalk).

There is even case law that specifically addresses the issue of riding a bicycle on a sidewalk against traffic. In Spriesterbach v. Holland (Case B-240348) the Court of Appeal, Second Appellate District, Division Four, ruled on April 9, 2013 that: . . .because VC 21650.1 requires a bicycle to travel in the same direction as vehicular traffic only when ridden on “a roadway” or the “shoulder of a highway,” it does not by its plain language require bicycles to travel with the flow of traffic when ridden on the sidewalk.

The court continued: Pursuant to Section 21200, (a) persons riding a bicycle. . .upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division. . .except those provisions which by their very nature can have no application. . .because 21650.1 governs the direction bicycle travel on a roadway or shoulder. . .it does not by its plain language require bicycles to travel with the flow of traffic when ridden on a “Sidewalk.”

Riding fast through a crosswalk and not stopping to look is very dangerous. A cyclist that rides into a crosswalk at 10+ mph does not give the driver of a vehicle that is turning left or right time to see the cyclist.

I suspect that is why the City of Los Angeles passed L.A. Muni Code 56.15(1): No person shall ride, operate or use a bicycle . . .on a sidewalk, bikeway or boardwalk in a willful or wanton disregard for the safety of persons or property. This ordinance gives the police a lot of leeway to determine what is “willful or wanton disregard for the safety of persons or property.”

I believe that these topics are good areas for discussion, but legally, I would (and will) argue that, if no local ordinance disallows it, then it is legal to ride in a crosswalk in either direction if it is done safely.

By the way, the answer to the question in the title of this post is that the chicken crossed the road on a bicycle in a crosswalk after stopping and ascertaining that it was safe to ride slowly across the road. But you knew that.

For more than 25 years, Jim Pocrass has represented people who were seriously injured, or families who lost a loved one in a wrongful death, due to the carelessness or negligence of another. Jim is repeatedly named to Best Lawyers of America and to Southern California Super Lawyers for the outstanding results he consistently achieves for his clients. Having represented hundreds of cyclists during his career, and Jim’s own interest in cycling, have resulted in him becoming a bicycle advocate. He is a board member of the Los Angeles County Bicycle Coalition. For a free, no-obligation consultation, contact Jim Pocrass at 310.550.9050 or at info@pocrass.com.

*Sponsored post

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

The Danger in Dog Day Afternoons

December 15, 2014 / / 2 comments

Jim Pocrass, Pocrass & De Los Reyes LLP

Jim Pocrass, Pocrass & De Los Reyes LLP

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

Recently, at the Los Angeles County Bicycle Coalition Open House, JJ Hoffman was telling me a story about her daily encounter with dog a couple of years ago. JJ said every day when she was riding to work she’d meet up with this same woman who was walking her dog unleashed.

Every day the dog took after JJ, which set the woman off who would run yelling behind her dog. It got so bad that JJ had the pepper spray out before she got to the street where she’d meet up with the dog. All that dog wanted, JJ said, was a taste of her calf.

JJ really didn’t want to spray the dog, though spraying the owner was tempting, and, luckily for everybody, JJ never actually had to take action.

Like JJ, I really like dogs. The dogs are doing what their instincts tell them to do: to chase prey. Irresponsible dog owners are another matter. They put the cyclist, the dog, and especially themselves in danger.

Bitten by a Dog

In California, if you are bitten by a dog, the owner is at fault. It doesn’t matter if the dog is leashed or not. It doesn’t matter if the owner knew or didn’t know that the dog had a “vicious nature.” California holds owners to “strict liability.” If you are bitten, the owner is liable for your injuries. There is no “free bite” in California.

Collision with or because of a Dog

When a dog begins chasing a cyclist, most cyclists tend to try to outrun the dog. When that happens, the dog’s brain goes into get-the-fleeing-prey mode, and the race is on.

Whether or not you can really outrun the dog, the real danger is in possibly colliding with the dog or colliding with something else because you lose control of the bike or you hit a pot hole or even getting hit by a motor vehicle when swerving or not being able to stop at a light or an intersection.

If you suffer serious personal injuries or your bike is damaged, again, the dog owner can be held liable. Your bicycle accident attorney should be able to obtain compensation for your injuries.

Compensation for Dog-related Collisions or Bites

The dog owner may be held negligent for:

  • Ineffective control of the dog.
  • Violation of the leash law and other Animal Control Ordinances.
  • Inadequate supervision or management of the dog.
  • Putting the dog in a condition in which the owner could have seen that the dog could cause injury to somebody.

Individual cities also may have their own animal control ordinances. For instance, one city limits the number of dogs that can be walked by one person at a time and a number of cities consider it a misdemeanor if a dog is tied to a parking meter, sign or bus bench without food or water nearby.

Some cities have ordinances specific to a breed. In Santa Monica a pit bull on public property must be muzzled.

The dog owner may be held responsible for compensating you for:

  • Medical bills from doctors, emergency rooms, hospitals, therapists, plastic surgeons, and for prescriptions.
  • Future medical bills to remove scars or to repair disfigurements. If the money for medical care is not recovered at this time, your health insurance might not cover any future medical procedures you need later, calling them “cosmetic.”
  • Time you had to take off from work resulting in lost income.
  • Lost future earnings because of disfigurement or disabilities.
  • Emotional counseling.
  • Pain and suffering.

Of course you can only recover compensation for injuries you suffer and care you actually need.

Hesitations to Holding an Owner Liable

One of the major hesitations a cyclist who is bitten by a dog often has in reporting a dog bite is the fear that the dog will be destroyed. A dog that has no history of biting is rarely “put down.”

The court takes into account the severity of the bite and the number of times it has bitten. It may rule that a dog must be muzzled in public or restrained in a particular way, such as kept behind a certain type of fence of a certain height.

Self-Defense

We all have heard that we have the right to defend ourselves against an attack from another person. What few people realize is that the law says you can defend yourself as much as is necessary to foil the attack. Your defense must be proportionate to the attack, and when the danger is past, so is your right to defend yourself.

This is a common law concept, and there is no explicit statement in common law that this also applies in a dog attack. More and more dog owners are counter-suing for compensation when their dog has been injured either intentionally or through someone else’s negligence.

So if you are going to use self defense, be sure that it is proportionate to the attack and that once the attack is over you stop, similar to how you would defend yourself with a human. That is a legally defensible act, though you could still find yourself in a lawsuit with the dog owner.

Personally, I subscribe to the belief that it’s rare to find a bad dog, but bad owners are much too plentiful.

*Sponsored post

 

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

Insurance Companies Are Not Your Friend

May 7, 2014 / / 5 comments

 

Jim Pocrass, Pocrass & De Los Reyes LLP

Jim Pocrass, Pocrass & De Los Reyes LLP

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

Behind the warm and fuzzy jingles, the precocious animal mascots, and the deep-voiced spokespersons, insurance companies are faceless, heartless corporations whose one purpose is to increase premiums and to decrease payouts in order to make the biggest profits possible.

Simply put, THAT is why you need your own lawyer if you have a bike accident.

If insurance companies were “fair,” I’d be out of a job. I am pretty confident that unemployment due to insurance companies deciding to do the “right thing” is not something I have to worry about in my lifetime.

The reality is, after you have had a bike accident and the friendly insurance adjuster calls you, his (or her), goal is to come up with a reason not to pay you. If he can’t outright deny you compensation for your damages, he wants to diminish your case so the company has to pay you as little as possible.

Rest assured, everything you say to that nice insurance adjustor can and will be used against you in a court of law. That is why I – and every other personal injury lawyer – will tell you to refuse to speak to an insurance adjuster or insurance representative. Give the adjustor your lawyer’s name and phone number and hang up.

If you cooperate with the insurance adjuster and you are offered a settlement, it is likely that you are getting 10 cents on the dollar of the value of your case. I was once told by an adjuster that he received a bonus if he could settle a case within 48-hours.

Let me tell you about a case I handled. A client who had a Los Angeles bike accident injured his shoulder. He talked with the kindly insurance adjuster who sympathized and sent him to a doctor (an insurance company sending you to a doctor is a rare occurrence).

SURPRISE! The doctor recommended by the insurance company said my client’s shoulder was fine. The company offered my client $5,000 to settle his case.

My client’s shoulder really hurt. He finally engaged a lawyer (me), and I sent him to a doctor. The doctor I sent him to diagnosed a torn rotator cuff. He underwent surgery. We settled the case for $150,000.

Never forget that insurance companies have more knowledge than you do. They also employ an army of lawyers. They can throw more resources at your case than you even know exist. They have all the power, all the money, and the wherewithal to fight you when you are fighting alone.

You need an experienced personal injury lawyer to level the playing field. I have written here before about how to choose a lawyer, but it bears repeating to say you should look at how or where you got the referral, the lawyer’s experience in your type of case, and the results the lawyer has achieved.

Now go increase your uninsured motorist insurance to the maximum the insurance company will permit, and the next time you see an insurance company commercial, remember, they are not your friend.

*California Vehicle Code 21200: A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle. . .

For more than 25 years, Jim Pocrass has represented people who were seriously injured, or families who lost a loved one in a wrongful death, due to the carelessness or negligence of another. Jim is repeatedly named to Best Lawyers of America and to Southern California Super Lawyers for the outstanding results he consistently achieves for his clients. Having represented hundreds of cyclists during his career, and Jim’s own interest in cycling, have resulted in him becoming a bicycle advocate. He is a board member of the Los Angeles County Bicycle Coalition. For a free, no-obligation consultation, contact Jim Pocrass at 310.550.9050 or at info@pocrass.com.

*Sponsored post

 

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

Civil vs. Criminal Bike Lawsuits: How They Differ

April 16, 2014 / / One comment
Jim Pocrass, Pocrass & De Los Reyes LLP

Jim Pocrass, Pocrass & De Los Reyes LLP

 

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

 

Streetsblog LA reported recently on the 3-year and 8-months plea deal that was struck by Wendy Villegas, the drunk driver who struck three bicyclists, resulting in the death of one of them, Andy Garcia, on the bridge on Cesar Chavez Boulevard last Sept. 14. Villegas never even stopped. It is only because a witness followed Villegas and was able to get her license plate number that she was apprehended. When the police booked her at 7:15 a.m., it is reported that she was still intoxicated.

The post talks about the effect of the plea deal on Garcia’s family and friends. How they weren’t consulted about the deal and that their only permitted involvement was that they were allowed to read statements at the sentencing hearing about how Villegas’ actions affected their lives.

I bring this up because it is important for you to understand the differences between a criminal case and a civil case. There is a growing outcry that drivers who commit hit-and-runs should get stiffer penalties. Personally, I agree. However, when you are calling for stiffer penalties, do you mean stiffer criminal or stiffer civil penalties?

A criminal lawsuit is filed by the government (district attorney), not by the person or persons who have suffered at the hands of the accused. The district attorney is acting for the state (read as “society”) and ensuring the stability of society by punishing wrongdoers and deterring them and others from offending.

The hard truth is that you, as the victim or wronged party, are witnesses, at best, in the trial. The criminal case is about the wrongdoer being accused by the state of a criminal offense against society. Punishment for crimes against the state can be incarceration, fines, community service, or, in extreme cases, the death penalty.

In a civil suit, the lawsuit is brought by the wronged party (or parties). They are appealing to the court for relief. They are telling the court, “We have been injured because of the negligence or carelessness of the accused.”

The civil court’s response is to give the victim (the plaintiff), the chance to show how the accused (the defendant), harmed them. If the victim can prove they were harmed, then the court’s duty is “to make them whole.” This is usually accomplished by awarding the victim compensation for their injuries.

Before I discuss the issue of compensation making anyone “whole,” I want to talk about one more significant difference between criminal and civil lawsuits.

Everyone is familiar with the “O.J. trial.” O.J. Simpson was found not guilty by a jury for the murder of his wife Nicole Simpson and her friend Ron Goldman in a criminal trial. Yet in the civil jury trial, O.J. was found guilty and was ordered to pay the Brown and Goldman families approximately $40 million.

How did that happen? There are probably numerous reasons, but the prominent reason I want you to know is the differences in “standard of proof” in criminal versus civil trials.

In a criminal trial the “standard of proof” is that the district attorney must convince the judge or every member of the jury that the accused is guilty “beyond a reasonable doubt.”

In a civil trial, the “standard of proof” is that the victim must demonstrate that there is a “preponderance of evidence” that the accused is guilty. It only takes a judge or a majority of jurors to find the accused liable in a civil trial.

In the O.J. example, it is obvious that the jurors in the criminal trial had doubts of O.J.’s guilt, where in the civil trial, the lawyer’s for the families of the victims had to convince the jury that the evidence of guilt was “beyond the balance of probabilities.”

Returning to the issue of compensation of the law making anyone “whole,” everyone knows that money cannot bring back a loved one or heal the catastrophic injuries the victim and their family suffered, or give anyone back the time they have lost due to the wrongdoer’s actions.

Every client I have ever had for whom I obtained a multi-million verdict or settlement has told me that they would give back every penny to have their loved one back or the injury they suffered to never have happened.

In legal terms, “made whole” means through compensation (which is the only currency that is available to the court), to bring the injured party to the place they would have been if they had not been injured by the wrongdoer.  What “making whole” means in a legal sense varies by state laws.

In the Streetsblog post referred to earlier, the families are quoted as saying they are not interested in bringing a civil case. They have no interest in money. I understand, and they should do what is best for them. But never think that the compensation obtained for clients doesn’t matter to them. This isn’t “jackpot justice” as the public relations machines of Big Business and Big Insurance would like you to think.

The compensation allows people who have been injured at no fault of their own – or families who have lost a loved one due to the negligence or carelessness of another – to rebuild their lives. In some cases it has meant being able to adapt a home and car for a wheelchair or for retraining for another career or for paying for quality childcare. It invariably means being able to pay the hundreds of thousands of dollars for current and future medical care. In some cases the compensation is put in trust for a child’s future use, for college or other advanced education.

Just as importantly, when the wrongdoer is a government entity or a corporation, it sends the only punishment either of those understands: a hit to their bottom line.

There is no doubt in my mind that we need stronger criminal penalties against hit-and-run drivers. I also believe that we need to bring these people to justice in a civil court. It is only when their insurance companies start seeing what these people cost THEM (yes, I know that’s horrible, but that’s how companies work), will the insurance companies start applying their own form of punishments.

I know, after 30 years of representing some of the most wonderful people who never deserved the injuries and losses they suffered, that the compensation mattered to the victim and it punished the wrongdoer. That’s really all the courts can offer us.

*California Vehicle Code 21200: A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle. . .

For more than 25 years, Jim Pocrass has represented people who were seriously injured, or families who lost a loved one in a wrongful death, due to the carelessness or negligence of another. Jim is repeatedly named to Best Lawyers of America and to Southern California Super Lawyers for the outstanding results he consistently achieves for his clients. Having represented hundreds of cyclists during his career, and Jim’s own interest in cycling, have resulted in him becoming a bicycle advocate. He is a board member of the Los Angeles County Bicycle Coalition.  For a free, no-obligation consultation, contact Jim Pocrass at 310.550.9050 or at info@pocrass.com.*

*Sponsored Post

 

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

Make Sure You’re Protected Before You Need To Be

March 5, 2014 / / 5 comments
Jim Pocrass, Pocrass & De Los Reyes LLP

Jim Pocrass, Pocrass & De Los Reyes LLP

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

 

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

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

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

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

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

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

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

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

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

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

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

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

*California Vehicle Code 21200: A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle. . .

For more than 25 years, Jim Pocrass has represented people who were seriously injured, or families who lost a loved one in a wrongful death, due to the carelessness or negligence of another. Jim is repeatedly named to Best Lawyers of America and to Southern California Super Lawyers for the outstanding results he consistently achieves for his clients. Having represented hundreds of cyclists during his career, and Jim’s own interest in cycling, have resulted in him becoming a bicycle advocate. He is a board member of the Los Angeles County Bicycle Coalition.  For a free, no-obligation consultation, contact Jim Pocrass at 310.550.9050 or at info@pocrass.com.*

*sponsored post

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

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

February 25, 2014 / / 6 comments

 

Jim Pocrass, Pocrass & De Los Reyes LLP

Jim Pocrass, Pocrass & De Los Reyes LLP

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

*California Vehicle Code 21200: A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle. . .

………

For more than 25 years, Jim Pocrass has represented people who were seriously injured, or families who lost a loved one in a wrongful death, due to the carelessness or negligence of another. Jim is repeatedly named to Best Lawyers of America and to Southern California Super Lawyers for the outstanding results he consistently achieves for his clients. Having represented hundreds of cyclists during his career, and Jim’s own interest in cycling, have resulted in him becoming a bicycle advocate. He is a board member of the Los Angeles County Bicycle Coalition.  For a free, no-obligation consultation, contact Jim Pocrass at 310.550.9050 or at info@pocrass.com.

*Sponsored post

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

When You See A Cyclist Down

February 4, 2014 / / 7 comments

Today marks the second edition of the new guest column by LA bike lawyer Jim Pocrass. 

Yes, this is a sponsored placement. But he once again offers good advice — this time on how to help if you should come upon a downed rider.

……….

Jim Pocrass, Pocrass & De Los Reyes LLP

Jim Pocrass, Pocrass & De Los Reyes LLP

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

 

Someone in my office came to me recently to tell me that as she was driving home she saw a bike accident. The car that had hit, presumably, the cyclist was parked nearby. There were a few people helping the cyclist, who sat in the middle of the road. She could hear the sirens of emergency vehicles that were on their way.

She said that though she wanted to stop to help, she felt that since there were people at the scene already, it wouldn’t be useful. So she didn’t stop. She asked me if I thought she should’ve stopped.

Upon thinking about the question, I told her I thought she should have. Because we work with so many cyclists who have been in bike accidents, we know what information the cyclist needs if they want to pursue a legal case.

In the immediate aftermath of a bike accident, even the most knowledgeable cyclist is probably shaken and stunned. If the cyclist has suffered serious personal injuries, they may be incapable of collecting the necessary information.

Also, there is no guarantee that the people who stop really know what information the cyclist – or the cyclist’s family – is going to need for legal action. More than likely, the people assisting the fallen cyclist are most concerned, understandably and rightfully, with the cyclist’s injuries.

If you see a cyclist down, of course the first thing to do is to call the police and to get the cyclist emergency medical assistance. If that is being done by others, you can best assist the fallen cyclist by writing down the following information:

  • Time & Place: Notate the time the accident happened as well as the location. You want to include approximate address, the nearest cross street(s), and the city.
  • Vehicle Information: Most importantly, get the license plate number and state. Note: if the cyclist was hit by a truck, you need to get the license plate number of both the cab and the trailer. They may be different. Write down the make, model, year, and color of the vehicle that hit the cyclist.
  • Driver Info: Get the driver’s name, phone, address, email, and driver’s license number (and state). Get the driver’s insurance information, including company and policy number.
  • Witness Info: Get the name, address, phone, and email of any witnesses (including any passengers in the vehicle).
  • Photos: One of the most helpful things you could do for the cyclist is to take pictures with your phone. You want pictures of the bicycle and of the car (multiple views and as close as possible). Then take multiple pictures of the scene of the accident, from numerous angles, as it relates to street signs, lights, corners, and curbs.

Once you have collected this information, write down your contact information, with a brief note that you have witness information and photos, and give it to the fallen cyclist, tuck it into the cyclist’s pocket, or give it to a paramedic to put with the cyclist’s possessions.

The worse the cyclist’s injuries are, the more important this information will be to the cyclist or to the cyclist’s family.

BikeCrashReportBACK r1 (2)You don’t need our help to do this, but we did create a free, wallet-sized guide to carry with you should you have a collision or should you see a fallen cyclist. You can either download a version of it here, or send us an email and include your mailing address and we’ll mail you a hard copy of the guide.

A very experienced cyclist, whose case we are handling, told us that he had one of our guides in his wallet when he had his bike accident, and he was so shaken he never thought about using it.

So let’s help each other and gather the information necessary to strengthen each fallen cyclist’s legal case. If people will not be careful around cyclists because it’s the right and legal thing to do, maybe they will change their behavior when they feel the sting from their pocketbooks.

*California Vehicle Code 21200: A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle. . .
……….
For more than 25 years, Jim Pocrass has represented people who were seriously injured, or families who lost a loved one in a wrongful death, due to the carelessness or negligence of another. Jim is repeatedly named to Best Lawyers of America and to Southern California Super Lawyers for the outstanding results he consistently achieves for his clients. Having represented hundreds of cyclists during his career, and Jim’s own interest in cycling, have resulted in him becoming a bicycle advocate. He is a board member of the Los Angeles County Bicycle Coalition.  For a free, no-obligation consultation, contact Jim Pocrass at 310.550.9050 or at info@pocrass.com.
 
Category: Bikes & the Law, Bikes Have Rights, Guest Columns / Tags: , , , ,

Police Reports: The Good, The Bad, and The Ugly

January 28, 2014 / / 2 comments

Today marks the beginning of the new sponsor-supported BikinginLA.

In addition to advertising on this site, our first sponsor, Jim Pocrass of the law firm Pocrass & De Los Reyes, has agreed to write a semi-regular Wednesday column on the legal rights of bicyclists.

After talking bike law with him on several occasions, I can assure you he knows his stuff. In fact, the column below matches my own experience, when a bad police report resulted in the insurance company rejecting my claim when I was injured by a road raging driver.

So I hope you’ll join me in welcoming Jim to BikinginLA. And take his advice to heart — if it could happen to me, it could happen to anyone.

………

Jim Pocrass, Pocrass & De Los Reyes LLP

Jim Pocrass, Pocrass & De Los Reyes LLPBy James L. Pocrass, Esq.

Bikes Have Rights™
By James L. Pocrass, Esq.
Pocrass & De Los Reyes LLP 
 
I recently took a Malibu bike accident 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 he was wearing all black.

Police blaming the cyclist for the accident is not unusual. I don’t think I have ever had a bike accident case – and I have represented hundreds of cyclists – in which the police report did not blame the bicyclist. Nevertheless, it is important that you file a police report if you are in a bike accident.

Though police officers are often biased against cyclists, they usually get the facts of an accident correct. Such details of the accident:  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.

Police reports with tainted conclusions may 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. They are all considered hearsay.

The problem comes in when the insurance company reads the police report and accepts the officer’s conclusions. They 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.

So if you are in a bike collision, file a police report. In quite a few cities – including the City of Los Angeles – if you say you are not injured (and you should NEVER comment on injuries or guilt), a police officer will not come to the scene. In that situation, you need to go to the police station at your earliest opportunity (even sooner than that), and file a police report. Get the facts on the record.

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, it will be an important tool to give your bike accident 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. . .

………

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 & the Law, Bikes Have Rights, Guest Columns /

Cover your ass with uninsured motorist coverage, new Baldwin Park bike lanes, and dead bear bike framer to head HHS

November 18, 2024 / / 4 comments
Just 42 days until LA fails to meet its Vision Zero pledge to eliminate traffic deaths by 2025. 

………

Good advice from Oceanside bike injury attorney and BikinginLA sponsor Richard Duquette not to skimp on the uninsured motorist coverage on your auto insurance policy, which could protect you financially, if not physically, if you’re struck by a driver.

It’s a topic we’ve covered before.

Maybe someday insurance companies will figure out that maybe we’d like to be able to buy our own insurance policies, even if you don’t own a car.

Jackass photo from Pixabay, reminding you to, well, you get it. 

………

Yes, please.

Although I’m told this is actually in Baldwin Park, not Baldwin Hills. Just too many Baldwins out there.

And Streetsblog visits LA County’s new Vincent Community Bikeway, with includes stretches of “new creekside bike/walk paths, connected by on-street protected bike lanes.” If you consider car-tickler plastic bendy posts protection, that is. 

………

Bay Area bicyclists rode to protest a proposal to make the bike lane on the Richmond-San Raphael Bridge just part-time during non-rush hours. Because evidently, only drivers need to commute at regular work times. 

Thanks to Megan Lynch for the heads-up. 

………

It’s now 334 days since the California ebike incentive program’s latest failure to launch, which was promised no later than fall 2023. And a full 41 months since it was approved by the legislature and signed into law — and counting.

………

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

The families of Ontario traffic victims rallied to criticize provincial Premier Doug Ford’s anti-bike lane bill; it could adversely affect handicapped people, as well.

Hamilton city counselors reject the “war on cars” label, and tell Ford to butt out of the city’s business.

A new survey shows Canadians are all in favor of bicycling infrastructure — as long as it’s not in the roadway.

No bias here. Welsh drivers claim that narrowing a roadway to make room for a bike path is an “attack on your right to drive a car.” Because evidently, they’re entitled to every inch of the road. Or think they are, anyway. 

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

A writer for the Virginia Tech student newspaper correctly points out that both bicyclists and non-riders need to show better etiquette on the roads. But only the bad etiquette from drivers is likely to get someone killed. 

No bias here, either. The London Times calls out “rogue cyclists” who’ve knocked down children and the elderly in the city’s parks. Never mind that sometimes people step into the path of a bicycle without looking, or the overwhelming majority of people who ride safely. And just wait until they hear about all those “rogue” drivers out there.

A British mom criticizes a bike rider for “uttering the worst excuse” after crashing into her disabled son while riding on the sidewalk, saying he couldn’t stop in time. It may be valid to criticize the rider for riding too fast, or even being on the sidewalk in the first place. But somehow expecting him to know her kid had a blood disorder, or being able to stop instantly under any circumstance, is asking too much. 

………

Local  

The LAPD is looking for the suspect who fled on a bicycle after shooting and killing a man on Pacific Ave in San Pedro.

Streets For All is calling for anyone who lives, works or shops — or rides, for that matter — in Burbank to turn out tomorrow to support dedicated lines for the NoHo to Pasadena Bus Rapid Transit project through the city.

 

State

San Diego residents called for safer streets on the World Day of Remembrance for the victims of traffic violence.

An op-ed from a Petaluma small business owner and safe streets advocate says the city needs to build a bike-friendly future.

They get it, sort of. The Sacramento Bee writes that the city needs funding for safer streets fast, because they’re killing people at alarming rates. But then they hid their editorial behind a paywall, as if no one really needs to see it.

 

National

A coalition of organizations working to end car crash deaths and serious injuries in America penned an open letter calling on the incoming administration and Congress to unite to solve the country’s roadway crisis. I only wish I still had hope that might happen. 

Bicycling says Trump’s proposed tariffs could make your next bike much more expensive. Read it on AOL this time if the magazine blocks you. 

Life is cheap in Ohio, where a woman got a whole 60 days behind bars — or 59 with time served — for killing a 12-year old boy who was riding his bicycle, after her attorney got a blood alcohol test tossed showing she was over three times the legal limit. But at least her license was suspended for five years. Because as we all know, no one would ever consider driving on a suspended license, right?

Massachusetts bicyclists rallied at the state capital to demand an end to traffic violence.

The night after Trump won the White House and Republicans took Congress, a DC church erupted in anger — over proposed bike lanes, not the election.

This is why people keep dying on our streets. A Florida jury acquitted a 77-year old woman on hit-and-run charges after a bike-riding man was killed when she cut him off in a crosswalk, because her lawyer managed to convince them she didn’t know she’d hit anyone. Seriously, if you don’t know when you’ve even been in a crash, you shouldn’t be driving. And if you shouldn’t be driving in the first place, you should be held accountable for whatever happens if you do.

 

International

Cycling Weekly wades into the debate over whether or not you should ride your bike after dark. Because evidently, only people who drive need to go out at night. Or home, for that matter. 

They get it. Momentum says governments should start paying people to bike to work to confront traffic congestion, pollution and sedentary lifestyles, like some cities in Europe are doing.

A British radio host completed a 300-mile ride from Wales to Scotland on a Raleigh Chopper bike, raising the equivalent of over $9.4 million for children in need.

LeMonde says anti-bicyclist anger is rising in France. But you’ll have to subscribe if you want to read the whole thing. 

Life is cheap in Singapore, where a former actor was fined the equivalent of a whopping $2,230 for injuring a man riding a bicycle. But at least he was banned from driving for five years. And in Singapore, that might actually mean something. 

An Aussie driver considers why some bicyclists have a capacity to inflame drivers’ emotions — which is putting it mildly — when even riders who don’t move into single file aren’t that hard to pass.

 

Competitive Cycling

Somebody give that boy a sandwich, already.

 

Finally…

You can see a lot from your bike — like a rabbit-like rodent on the wrong damn continent. Even the safest streets aren’t safe when drivers aren’t.

And the guy nominated to head up the US Health Department is the same anti-bike lane schmuck who dumped a dead bear on a Central Park bike path to frame bike riders for its killing.

………

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

Oh, and fuck Putin

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

LA on track for record-setting traffic deaths — including 5 previously unreported bicycling deaths, and injuries continue

October 14, 2024 / / No comments
Just 77 days left until Los Angeles fails to meet its Vision Zero pledge to eliminate traffic deaths by 2025. 

The graph on the left is from Streets Are For Everyone; you can find a larger version on the link below. 

………

The carnage continues.

And it’s getting worse.

Streets Are For Everyone, aka SAFE, reports that Los Angeles is on track for its deadliest year on record, as we gear up for next month’s World Day of Remembrance for Road Traffic Victims

For those commemorating this solemn occasion in Los Angeles, World Day of Remembrance for Road Traffic Victims stings a little more this year. In 2024, LA is once again besieged by traffic violence: 210 people have been killed so far this year on LA’s streets — more traffic deaths than this time last year, which was already the deadliest year for traffic fatalities since 2003, the first year that data’s readily available.

The group goes on to add this.

Crossing the street has never been more dangerous in Los Angeles: motorists killed 112 pedestrians in the first 209 days of this year, or a pedestrian was struck and killed by a motorist every other day — a 1% increase from last year, which was itself a record-setting year for vehicular violence against walkers.

Hit-and-runs also remain frighteningly high: of the 210 fatal car crashes so far this year, 74 of the drivers have left their victims to die in the street, a 10% increase from 2023.

Let that last one sink in.

In over one third of all fatal collisions in Los Angeles — 35.24% — heartless, cowardly drivers left their victims to die alone on the streets.

Unfortunately, the story’s not any better for bicyclists.

According to LAPD statistics, as of the end of August, 15 people have been killed riding their bikes in the City of Angels, a 15% increase over last year.

Most of those fatalities — 73% — have been in the department’s South Bureau.

And just as we expected, we haven’t heard about a number of those crashes. I showed just ten bicycling deaths in Los Angeles at the end of August. Which means either the police failed to publicly report a full third of all bicycling deaths, or the local press failed to report them.

Neither prospect is very comforting. Because if we don’t know what’s happening, we can’t do anything to fix it.

Let alone remember the victims.

But thanks to SAFE for keeping us informed, anyway.

………

Which takes us to the latest bad news on our streets.

A 66-year-old Pasadena man was critically injured when he has struck by an unlicensed driver in a pickup truck while riding his bike in the city Thursday morning; at last report, he remained in critical condition with injuries including a fractured skull.

A teenaged La Mesa boy finally came from the hospital following three pelvic surgeries after he was run over by the driver of a trash truck last month; Caleb Carvalho insists he will walk again, but it could be a couple years before he’s back to normal. A crowdfunding campaign has raised nearly $73,000 for his medical care.

Tragic news from Laguna Niguel, where longtime Laguna Beach High School golf coach Sean Quigley is paralyzed from the waist down, after suffering severe spinal injuries when he was struck by a driver while riding his bike, leaving him with just a 5% chance of regaining function in his legs; a crowdfunding campaign has raised over $75,000 of the $200,000 goal.

………

No surprise here.

A Las Vegas court placed the case against 19-year old Jesus Ayala on hold after he was ruled unfit to stand trial.

Ayala was charged along with another teen for intentionally running down and killing former Bell, California police chief Andreas Probst as he rode his bike on a Vegas street.

The judge ordered the move out of an “abundance of caution” after evidence was presented that Ayala had suffered “significant” brain damage; he was sent to a maximum security psychiatric facility in Sparks, Nevada.

Meanwhile, another case was filed against Ayala accusing him of robbery with the use of a deadly weapon, conspiracy to commit robbery and grand larceny auto. He’s also facing an attempted murder charge for a separate “extremely violent” group attack where another man was stabbed multiple times

So evidently, he’s not so brain damaged he can’t keep committing crimes.

Allegedly.

His 17-year old accused accomplice is scheduled to go on trial next month.

………

They’re all one of us.

Gerard Butler took a stylish bike ride with a friend through the streets of New York.

Leonardo DiCaprio took a virtually incognito ride through the Big Apple with his girlfriend, model Vittoria Ceretti, and his niece.

Formula 1 star Valtteri Bottas rode a bike with his girlfriend while vacationing in Baja California during a break in the racing schedule.

Then there’s this.

And this.

………

It’s now 299 days since the California ebike incentive program’s latest failure to launch, which was promised no later than fall 2023. And an even 40 months since it was approved by the legislature and signed into law — and counting.

………

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

Momentum says riding a bike in the city is turning into a culture war.

A road raging Tennessee driver faces charges for repeatedly trying to run down a man riding in a bike lane, before getting out of his car and throwing the victim’s bike at him — all because the victim tapped the car’s hood because he thought the driver was going to bump him.

Once again, a British bike rider has been the victim of an unprovoked attack, with the man suffering a broken arm when he was pushed off his bicycle by a passenger in a passing car, just for giggles.

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

A road raging 73-year old Utah man went off on a calm driver in his 20s, who recorded the whole incident, claiming the driver almost hit him and demanding that the police come and arrest him, at one point screaming “I have more rights than you.” Which isn’t true, of course. And sadly, almost hitting someone isn’t illegal — but disorderly conduct is. 

Police in Des Plaines, Illinois are on the lookout for a road raging bike rider who stabbed a motorist multiple times, after they got in an argument because the man on the bike was riding salmon.

A Montreal columnist says the city’s roads are still nerve-racking places plagued by reckless cowboys in cars, because their behavior is all better now — it’s the people on ebikes, e-scooters and other “e-contraptions” plaguing the streets now.

An Aussie bicyclist got into a fist fight with a postal worker, after punching the side mirror and the side of the van, complaining that the driver had cut him off and threw something at him. Seriously, violence is always the wrong answer. And even you’re in the right, you’ll get the blame as soon as you throw the first punch. 

………

Local  

Streetsblog USA considers how to defeat car culture in the country’s deadliest city for pedestrians,                                                                                                                                                                                                            but other sources say we’re not even in the top ten per capita.

If you’ve ever wondered why you can’t ride your bike through the gated streets of Country Club Park in Mid-City, a writer for Afro LA does a deep dive into the cause. And the effects on the people who live nearby.

Streets For All offers their endorsements on two ballot measures, urging a yes vote on Measure A and Proposition 5, while Streets for All founder Michael Schneider explains why bike lanes often seem “empty” in LA.

Speaking of SAFE, the group is teaming the Los Feliz Neighborhood Council and Council District 13 to clean up debris and litter in the new Hollywood Blvd bike lanes this Saturday.

Yesterday’s Heart of LA CicLAvia leaves just two major open streets events remaining in the LA area this year.

 

State

Calbike urges you to Bike the Vote this November.

Streets For All offers their final update on the safe streets bills in this year’s state legislative session, for better or worse.

San Diego-based Juiced Bikes appears to be just the last ebike manufacturer to go belly up, with all products out of stock, and ghosting concerned customers.

Sad news from Alamo, in the East Bay, where a woman was killed when a driver pulled out from the side of the road, striking her bike.

Sad news from Sacramento, where a man riding a bicycle was killed by a suspected DUI driver.

 

National

Bike Magazine highlights the ten most scenic bike trails in the US, including one in Death Valley.

Velo offers a buyers guide to almost all the best bike lights.

This is the cost of traffic violence. A popular Bend, Oregon chef was killed in a hit-and-run while riding his ebike in nearby Medford; police arrested the driver shortly later for DUI.

Another Arizona mass casualty crash, when an SUV driver plowed into six members of the Major Taylor Phoenix Riders from behind as they road in a bike lane, sending three people to the hospital the hospital with serious injuries; no word on why the driver couldn’t see six people on bikes riding in an effing bike lane — or why the driver wasn’t charged.

Missouri bike thief busted while naked, stoned and armed with a chainsaw. Seriously, what could possibly go wrong?

Czech carmaker Škoda’s We Love Cycling website takes their bike love to the city that never sleeps.

 

International

A Cycling Weekly columnist blocks out the trauma of paying for his last bike, arguing that high prices put dream bikes in fantasy land for most of us.

Road.cc considers the problem inherent with calling a cyclists “cyclists.” Which is why I don’t. 

Momentum suggests eight of the best “affordable” commuter ebikes. Although affordable is a relative term. 

Momentum readers forward their picks for the world’s crappiest bike lanes, including two in San Diego.

An op-ed from Ontario, Canada’s minister of transportation says the province needs to rethink policies that leave drivers stuck in traffic, and should only place bike lanes “where they make sense.” In other words, not where they’ll get in the way of all those hard-working people in cars. 

Now you, too, can rent a home on the English street made famous in Ridley Scott’s 1973 Hovis ad.

A writer for Bike Radar takes a “near-perfect” two-week Scottish bikepacking with his partner, on “incredible island roads” marred by a mere 30 minutes of rain.

A British startup says their “perfect” handlebars will be a greatest aero advancement of the coming year.

An Irish writer explores why greenways are love by bike riders, but loathed by landowners.

Mumbai’s bicycling community continues to grow despite the city’s urban chaos, including a near-total lack of bike infrastructure.

A writer for AFAR spends five days riding through Rwanda, and explains why it’s the best way to see the country.

 

Competitive Cycling

Tragic news from the European Gravel Championships, where Italian masters cyclist Silvano Jane died of a sudden heart attack during the race; he was 69.

This one goes under the heading of bicyclists behaving badly, as former European ‘cross champ Eli Iserbyt stomped on a rival’s bike after a crash during an altercation in the first race of the season. Which does not bode well for the rest of the year.

No surprise here, as this year’s GOAT won Italy’s Il Lombardia classic, with Tadej Pogačar topping Olympic Champion Remco Evenepoel and Giulio Ciccone in a long solo breakaway.

Pogacar responds to the rumbling that he must be on something, saying people don’t have trust in cyclists these days. And for very good reason.

 

Finally…

Pedal your way out of your next hospital stay. Your next bike helmet could inflate like an accordion.

And now you know what happened to your stolen bike.

………

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

Oh, and fuck Putin

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