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

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

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

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

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

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

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

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

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

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

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

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

Uh, no.

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

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

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

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

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

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

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

San Diego’s Bicycle Film Festival starts this weekend.

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

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

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

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

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

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

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

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

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

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

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

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

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

Not every fallen cyclist makes the news.

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

That’s what almost happened here.

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

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

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

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

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

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

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

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

Update: Now it makes a little more sense.

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

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

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

As Steven put it, 

He went out loving what he did.

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

 

Jim Pocrass, Pocrass & De Los Reyes LLP

Jim Pocrass, Pocrass & De Los Reyes LLP

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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

Your morning links: Neighborhood Council elections, and somewhat questionable bike editorials

Sometimes, what happens inside is as inspiring as the view outside.

Real bike power starts at the neighborhood council level. And too often, ends here.

It’s a lot easier to fight the power from the inside.

It’s become pretty clear in recent months that LA City Councilmembers are relying on local neighborhood councils for input on major proposed bike projects. Or maybe just political cover.

Either way, a successful Bike LA starts from the ground up. And that means electing more bike riders and supporters to their neighborhood councils.

And that’s where you come in.

The deadline to register as a candidate in some Eastside — and possibly other — races is today. Which means you’ve got to move fast.

Click here for election and registration dates in your area.

Thanks to Patrick Pascal for the heads-up.

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The LA Times Opinion pages continues its weeklong wrap-up of their RoadshareLA series, to lesser or greater effect.

Mostly lesser, today.

The first complains about the traffic backups caused by the recent road diet in the 2nd Street tunnel that gave us the city’s first protected bike lanes. But concludes maybe that’s not such a bad thing.

That was followed by a much more problematic piece that takes “self-righteous” cyclists to task, while complaining about the new three-foot passing law. And characterizes a road raging driver knocking down a cyclist as just a nudge. One thing for sure — bike riders usually only look self-righteous when viewed through a windshield.

Meanwhile, Streetsblog’s Joe Linton offers some decidedly on-point criticisms, and asks for your thoughts.

And hey, welcome home, Joe.

……….

Here’s your morning linkage.

Burbank wants feedback on a proposed bike and pedestrian path; a meeting will be held tonight (Wednesday) to discuss it.

That Facebook campaign conducted by the Huntington Beach Police Department led to the arrest of a suspected bike thief. But the not the return of the bike, at least not yet.

Santa Ana talks bike safety just two days after a rider is killed there, which oddly isn’t mentioned in the story.

Streetsblog takes a look at a raft of bike and livable streets-related bills before the state legislature. But a bike tax may not be the best idea.

Santa Barbara discovers fixies, and oddly doesn’t declare them a scourge in a surprisingly even-handed report.

A San Francisco cyclist uses her stolen smartphone to track her stolen bike, and gets both back in just 45 minutes — thanks to a beat cop that took the theft seriously, which doesn’t always happen in real life.

Bicycling lists six up-and-coming women’s riders now that women are finally getting a well-deserved place on the world stage. After all, you can’t tell the players without a program.

Don’t try to buy a bike with the credit card you just found in the street.

New UK product results in near-instant protected bike lanes. And they’re recycled, too. The barriers, not the bike lanes.

A British columnist examines the irresponsibility of failing to promote and/or mandate the wearing of bike helmets, with prototypically dry humor.

Brit bike rider follows his phone directional app onto a busy, bike-banned freeway.

At least we only have to worry about drunk, distracted and/or aggressive drivers, as a Swedish cyclist is killed by wild boars.

Call Sochi the bike-borne Winter Olympics.

Finally, no. Just… no. And a pro cyclist is felled by a flying mattress in the Tour of Oman.

Yes, a mattress.

Today’s post, in which I frighten a distracted driver, and serve up some hearty breakfast links

It’s been awhile since I’ve shared any helmet cam video.

Not because LA drivers have miraculously improved. But because I simply haven’t had time to edit the videos and get them online.

And because I’m still trying to figure out if Apple’s “new and improved” iMovie hates me. Or maybe everyone. Or is just the worst software upgrade in human history.

No wonder it was free.

However, I wanted to share this one of a texting, intersection blocking driver who didn’t have a clue I was there

This bike cam thing seems to be catching on.

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The El Segundo Police Department has recovered 14 high-end bikes and frames and they’re looking for the owners. Click here to download a pdf with photos of the bikes; if you recognize yours, call Property Crime Detective Ryan Danowitz at 310/524-2258, case #14-0497.

Then again, someone on Craigslist really wants to meet the person who stole his.

No, really.

……….

Now let’s get on to your shortened list of morning links.

LADOT has developed new spoke cards, including the Anatomy of a Safe Bike and another listing state and local bike laws. They also have new #bikeLA stickers, which I’m sure will be appreciated by everyone who has already been using the hashtag for years.

LAX wants to know how often you ride your bike to the airport, and why you do. Or don’t.

Prepare to say “Awwww” as actor Liev Schreiber bikes with his boys to the Brentwood farmer’s market.

Would a CicLAvia by another other name smell as sweet if they held it in Pasadena?

Long Beachize explains how Long Beach city hall got its bike sculpture.

A Newport Beach reporter looks at the challenges of staying alive on a bicycle in the upscale city by the sea. In three parts, no less. Thanks to David Huntsman for the links.

The state legislature will consider a vulnerable user law this session. Although I’d think causing great bodily injury by running down a cyclist or pedestrian should be worth more than a $1000 and no jail time. Thanks to Christopher Kidd for the heads-up.

Urban Velo explains how to take advantage of the Federal Bike Commuter Benefit. I’d commute by bike but I work at home and my wife won’t let me ride in our apartment.

How Portland’s Sarah Mirk got her stolen bike back. More impressive is that the guy who recovered it said the promised $100 reward seemed a tad excessive.

A new family-friendly bike movie is now available on demand.

If you’re wanted by police and carrying meth and burglary tools, don’t ride your bike through a red light in front of a police car. And especially don’t crash your bike in front of the police station attempting to flee.

Finally, tragic news as the Fort Lauderdale bike rider who was dumped behind a dumpster by a drunken hit-and-run driver has died of an infection two months after the collision. If the SOB who left him there to die ever sees the light of day again, it will be a massive miscarriage of justice.

Thanks to Eddie Haardt for the generous donation. Very appreciated!

The Times winds down their look at biking in the City of Angels, and the day’s best bike links

I love it when someone does my work for me.

Today it’s the LA Times that takes a look at the sometimes contentious relationship between bike riders and drivers, just a day after columnist Steve Lopez took a moving look at the ghost bike phenomenon.

And quoted yours truly in the process.

The Times follows up with twin videos offering a look at biking in LA from both a motorist’s and cyclist’s perspective.

They’re not exactly hard-hitting. But both step away from the angry give-and-take that too often defines the discussion. Even between cyclists.

And maybe they can start a more civil conversation about how to safely make room for everyone on the streets.

Meanwhile, they kick off the conclusion of their RoadshareLA series with a look at the state’s new mandate for complete streets.

Yet oddly, drawing no conclusion in the process.

………

Just a few other quick notes.

Huntington Beach police are using Facebook to identify a bike thief; thanks to Geri for the heads-up.

LAist may have misstated the purpose of this website, which does a lot more than just chronicle fallen riders. But they offer a haunting series of ghost bike photos, along with a brief documentary, from ghost bike builder and photographer Danny Gamboa.

A Santa Cruz writer says we can do more to protect cyclists. And we should.

If you see something, say something. The NYPD is urging residents to call 911 if they see a dangerous threat to peace and security in the city — like bicycle pizza delivery people riding on the sidewalk.

Got to be more to this story, as a Texas man is shot to death in a dispute over a bicycle. As much as I love my bike, once the guns come out they can have it.

Does anyone really buy this “Dear Abby” style story of a Toronto cyclist who repeatedly rams into right-hooking drivers — on purpose? In real life, I’d suspect that’s the sort of thing someone might try once, as the bruises and broken bones dissuade a second attempt. Let alone a third.

Good news for Virginia drivers as dooring remains perfectly legal. So get out there and slam a few bike riders in the name of freedom.

As if aggressive and careless drivers weren’t enough, now we have to worry about suicidal rabbits.

If you have more time to kill, take a couple minutes — or maybe a few hours — the check out the Cycling Embassy of Great Britain’s massive list o’ bike links.

I hadn’t ridden past the Santa Monica pier for awhile. So I was surprised to see a new bike corral has sprouted on the sand next to the bike path. Great idea.

Bike-Parking-Still

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As you may have noticed, I’m trying something a little different today.

When I first started linking to news stories about bicycling, there weren’t many stories out there. Sometimes I had to struggle to fill a single paragraph.

These days, the explosion in bicycling has resulted in an equal explosion in news stories. Which is why I end up with those massive lists of links that take nearly a full day just to write, let alone read. And why you now only see them a few times a week.

So I’ve been thinking about offering a daily list of just the best links instead, sort of like you see above. Which would mean you’d get a daily fix of bike news from around the world. Just less of it, more often.

And still have time to actually have a life once you’re done reading.

So what do you think? Would you like to see something like this every day? Or would you prefer to keep doing what we’ve been doing?

Any thoughts?

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Finally, a brief reminder that if you like this site, you can help support my work through a much needed and deeply appreciated personal donation, advertising or sponsorship. This is a more than full-time job, and the only income I receive these days is what comes through this site.