Tag Archive for Bob Mionske

Morning Links: Two endorsements for Villaraigosa, Great Streets Strategic Plan, and insurance bike value rip-offs

June 4, 2018 / / 9 comments

Writing for an automotive website, a third-generation Californian endorses former LA mayor Antonio Villaraigosa for governor in tomorrow’s primary election, in part because of his support for bicycling, CicLAvia and transit.

He’s got my vote, as well, for many of the reasons listed in the article.

As well as pushing through LA County’s Measure R that increased sales taxes half a cent to fund transportation projects. Then Villaraigosa got the federal government to adopt the America Fast Forward program that has allowed Metro to expand rapidly.

Besides, Antonio Villaraigosa is the only gubernatorial candidate — or LA mayor — I’ve actually ridden and chatted with at CicLAvia.

But no matter who you support, get out there and Bike the Vote tomorrow.

I’m happy to report that my brother and his kitty litter panniers have finished the first leg of his trip, from Grand Junction CO to Denver, with a brief stop at the Continental Divide.

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Los Angeles released its new Great Streets Strategic Plan.

I haven’t had a chance to read the whole thing yet, but it doesn’t seem to include anything about the mayor actually showing up to defend any of the beleaguered projects already in place.

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Must read piece from bike lawyer Bob Mionske, on how insurance companies are undervaluing bicycles damaged in crashes to avoid paying the full value. And more importantly, how you can fight back.

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Local

More bad news from South LA, where a man was shot and killed in a drive-by as he rode his bike on the 200 block of East 95th Street shortly after midnight Sunday morning.

Councilmember Mitch O’Farrell has proposed mostly cosmetic upgrades for Hollywood Boulevard. Let’s demand that they include protected bike lanes, and a pedestrian plaza at Hollywood and Highland, in any makeover.

A new bike boulevard is under construction in Los Angeles. That’s LA County, not the city.

 

State

Apparently never having heard of induced demand, San Diego is replacing a 1950’s era four lane bridge in Mission Bay with two separate bridges with three lanes each. But at least they’re adding protected bike lanes in each direction.

Streetsblog says Caltrans’ Chief of Pedestrian and Bicycle Safety has made great strides in just two years, but clearly has a long way to go to change the state DOT’s car-centric culture.

A San Francisco writer says the city doesn’t have an e-scooter problem, it has a car problem.

Frightening news from San Francisco, where a man was beaten with a metal pipe by a thief who stole his bicycle, then threatened a second man to steal his bike, as well.

Sad news from the Oakland Hills, where a bicycle tour guide for Backroads was killed in a head-on collision with the driver of an SUV.

 

National

Carshare company Lyft is buying bikeshare provider Motivate, the parent company of bikeshare systems in New York, DC, Chicago and San Francisco.

Viva, Las Vegas, which may be the least likely candidate to make the Bicycle Friendly Community list.

Complete Streets volunteers in Phoenix resign en masse to protest inaction at city hall.

Inspiring story from my hometown, as a young man fights back to graduate from high school after he was paralyzed by a sleeping driver as he was walking in a bike lane.

A Tulsa OK writer says the shop manager and wrench for a local bikemaker could be the luckiest man in town because he’s the most content in his work.

A Wisconsin letter writer says the real problem is bike riders refuse to share the road with drivers, even though he owns one himself. A bike, that is, not a bike rider.

Detroit names a bike and pedestrian bridge after the father of Michigan’s rails-to-trails movement.

Infuriating story from Kentucky, where a woman recounts being left lying alone in the street with a broken back as she watched the driver who slammed into her bike just drive away without stopping.

Russian pianist and composer Daniil Trifonov is one of us, which may not have been the best thing in this case. He was forced to cancel his upcoming tour to premier his latest work, after injuring his ankle in a New York bike crash.

A native New Yorker says channel your bike rage into something more productive, like attending community board meetings to demand more bike lanes.

Maryland mountain bikers ride to honor a bike-riding Baltimore cop who was killed in a collision while responding to a call.

Florida bicyclists ride to remember a young mother and daughter who were killed by a street racing teenager doing 102 mph on a surface street.

 

International

After Quebec quadrupled traffic fines for bicyclists, one rider received $381 worth of tickets for bad brakes and not having front and rear reflectors, even though he had red taillight.

This is the cost of traffic violence. A Canadian careless driver says he’s now haunted by death after killing a bicyclist, and has ruined countless lives — including his own.

A Toronto insurance company says drivers, bicyclists and pedestrians all break the rules.

Montreal responds to the death of a bike rider last year by banning cars from a mountain road through the city, even if drivers don’t like it.

The London Standard recommended celebrating yesterday’s World Bicycle Day by exploring unusual parts of city. Seriously, there’s no better way to get to know any city — whether your own or anywhere else.

London’s Telegraph says hotel hopping by bicycle may be the next big travel trend.

A London nonprofit is rebuilding old bikes to give refugees a new lease on life.

A writer for the Guardian says requiring ebike riders to carry insurance, like the European Union recently ordered, will slow the growth of ebiking when we should be encouraging it.

Caught on video: A British bike rider just barely avoids getting doored by the passenger of a moving car.

A Malta newspaper says poorly designed roads are putting bicyclists in danger. Pretty much like everywhere in the US.

Mumbai bike riders celebrate World Bicycle Day with a two-wheeled flash mob, while India’s vice president calls bicycling the best and cheapest form of exercise.

Auto-centric cities are the main barrier to promoting bicycling in Iran. Pretty much like everywhere else.

A Kiwi radio host apologizes to the motorist who ran over him on his bike, calling himself a moron for not paying attention to the traffic light because his mind was on the book he read the night before.

An Australian pro-driving extremist group is targeting bike riders with doctored photos and death threats both online and on the road; naturally, police in New South Wales have responded by ticketing bike riders for not wearing a helmet.

The Korea Times looks back at the introduction of bicycling in the country; the first bike on record in Korea was a Penny Farthing ridden by an American naval officer in 1884, though the bicycling craze soon spread to the country’s royal family.

 

Competitive Cycling

Nearly two dozen cyclists were treated for injuries when bad pavement caused a mass crash in a Maryland bike race.

Once again, a pro cyclist has been sidelined by a collision, as Dimension Data’s Lachlan Morton suffers a broken arm when he’s struck by a driver while training in Colorado.

 

Finally…

Don’t bring a knife to a car fight. Nothing like getting rescued by Sherlock Holmes. Thanks to Tim Rutt for the heads-up on both stories.

And maybe it’s not just drivers who drive us crazy.

 

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

Morning Links: LA Vision Zero turns two, US traffic deaths are up, and close calls in LA bike commuting

February 28, 2018 / / 5 comments

Say happy birthday to LA’s Vision Zero program.

It’s been two years since Mayor Eric Garcetti announced that Los Angeles was finally getting around to doing something about traffic fatalities.

Although not much has actually been accomplished in that time, as traffic deaths fell 6% last year after spiking in 2016.

Meanwhile, some of what was has already been ripped out at the behest of angry drivers who insist that the road does, in fact, belong to them.

And don’t seem to care who has to die as a result.

Hopefully, that will change now that the city has finally provided some funding, dedicating $27 million for the program.

Streetsblog’s Joe Linton seems to have summed up the current status of Vision Zero in the City of Angels.

Some critics are quick to blame L.A.’s Vision Zero programs for the unhealthy trend. Playa Del Rey road diet critics cite their own documentation showing a doubling of “accidents” since Vision Zero safety improvements were implemented. (If true, this would argue for more traffic calming, though that is not the conclusion they come to.)

The actual reasons for the alarming trend appears to have more to do with increased driving, low gas prices, a strong economy, and a lack of political will to take Vision Zero seriously. The program was barely funded for the first two years, until council leadership recently shepherded $27 million for the current fiscal year which just began on July 1. On top of the paucity of funding, several councilmembers have actively blocked safety improvements in their districts.

The simple fact is, we will never cut traffic deaths in Los Angeles without the political will to make it happen.

And that seems to be sadly lacking, both in the mayor’s office, and in far too many council districts.

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Speaking of Vision Zero — or in this case, zero vision — US traffic deaths have topped 40,000 for the second year in a row.

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LA Cyclist captures a couple of close calls on yesterday’s bike commute from Burbank to Culver City.

He calls it a typical commute.

Even though people keep telling us that no one will even ride a few miles to get to work, let alone through a handful of cities.

And especially not in LA’s unbearable winter weather.

Right?

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It’s been awhile since we’ve heard from author and bike lawyer Bob Mionske, who writes about the obstacles to justice for bicyclists.

…If you ask the motoring public, you will likely hear that scofflaw cyclists create their own problems by choosing to ride in the street.

Convincing a driver that a lack of vigilance could potentially take someone’s life is a difficult task. After all, most drivers overestimate their driving ability — particularly when it comes to using a device at the same time. Worst of all, most of us don’t have the discipline to put our devices down when we get behind the wheel. No group is more vulnerable to this lack of discipline than a human on a bicycle. And as a roadie, you probably face the risk of being hit more than anyone else based on the hours you spend weekly on a bike in traffic…

It’s a good read, and should give you a lot to think about.

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Local

An Op-Ed in the LA Times makes the case for accepting Bird scooters as part of the city’s transportation network. Although while people on bikes still die far too often on our streets, saying bicycling is “often lethal” is an extreme exaggeration. Last year, LA County saw one bicycling fatality per 357,000 residents; the City of LA was even safer, with one death per 442,000 residents.

KCRW looks at the new bike and pedestrian Red Car Bridge planned for the LA River.

 

State

Galt, California is starting work on a $5 million Safe Routes to School project, including two miles of sidewalks and dedicated bike lanes. Not bad for a town of just 23,000. And no, I never heard of it before either.

 

National

Peter Flax interviews Bike Snob’s Eben Weiss in a clash of bike writing titans.

An Oregon newspaper calls on the state to scrap the $15 tax on new bike sales, even as lawmakers consider broadening it.

The Utah house has overwhelmingly approved a modified version of the Idaho Stop Law, which now moves to the state Senate.

Iowa decides that instead of fixing the roads, they’ll just make bike riders wear hi-viz on roads with speed limits above 45 mph. But only in groups of 500 or less; apparently, they think drivers may actually  see over 500 people riding bicycles.

A Chicago website profiles the woman responsible for ghost bikes in the Windy City.

The New York Times illustrates — literally — why self-driving cars can’t save cities.

Sad news from New Orleans, where 32-year old Muhiyidin d’Baha, a well-known leader in the Black Lives Matter movement, died after he was shot in the leg in an apparent robbery while riding his bike; he rode another six blocks before collapsing in the street.

An Orlando street will go on a four-week road diet to judge its effectiveness and reaction of the public before any permanent changes are made. Although a single month seems like a very short amount of time to give it a reasonable test.

 

International

How to avoid a flat.

A new Canadian study suggests that good bicycling infrastructure encourages winter bike riding. Which would be even more true here in sunny Los Angeles, if we actually had some.

A writer for the Guardian complains about “over-entitled” cyclists and their abandoned dockless bikeshare bikes clogging UK sidewalks.

It’s a well-deserved 16-months behind bars for a British driver caught on camera intentionally running down a man on a bike.

Tehran’s Car-free Tuesdays is losing momentum after 117 weeks due to a lack of safe streets and infrastructure.

Frightening dispatch from Australia, where a 72-year old man describes how he played dead after he was shot by an attacker, apparently at random, as he rode a gas-powered motorized bike on a bike path.

Australia has slapped an unexpected 5% tariff on ebikes — and is considering a similar tariff on premium bikes and frame sets — after a local bike maker complained, in a country where native bike makers make up just 1% of the market.

A New Zealand woman has restarted an off-road race series for kids that had been founded by her husband, two years after he died from a heart attack while riding.

 

Finally…

Cracking down scofflaw bicyclists and moped riders in the world’s most bike-friendly country.

And the best day ever is the one where you get back on your bike after an injury.

Especially a 21-day coma caused by a failed stunt.

 

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

Honor the memory of a fallen cyclist, a Santa Barbara bike smackdown, and enough links to last a weekend

January 10, 2014 / / 2 comments

Lots of news to share today, so let’s get right to it.

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John Rapley; photo from The Age

James Rapley; photo from The Age

Friends and family of fallen Australian cyclist James Rapley call for your help to honor his memory.

As you may recall, Rapley was killed by an alleged drunk and possibly distracted driver while riding in the bike lane on Temescal Canyon during an extended layover at LAX just before Christmas.

We have had a lot of people ask how they can help and if they can send flowers. Karen and his family believe that donating to a charity would help honour James memory in a more lasting way and we would like to direct you to the below everyday hero site for how you can help via a number of avenues including:

1) donating to the Amy Gillett Cycling Foundation

2) participating in a Hello Sunday Mornings challenge

3) please share these links with your friends and family and spread this important message. Remember to share the roads and to never let yourself or others drink and drive. If you can’t afford a taxi, you can’t afford to drink.

Thank you all for your support. James was very loved and will be forever missed.

They also explain the  purpose of the HSM challenge.

We are hoping to encourage 100 people to sign up for a Hello Sunday Morning’s 3 month challenge to abstain from alcohol and create a ripple affect to change Australia’s drinking culture and hopefully save a life. Each HSMer’s story has a positive impact on the drinking culture of 10 people around them. If 1,000 people stop their friends from getting behind a wheel drunk or not binge drinking we can help James make a difference and hopefully spare another family this incredible tragedy.

One last note.

James Rapley was laid to rest Thursday in Hadfield, Victoria, Australia.

If not for a drunken LA driver shattering the quiet of a Sunday morning, he’d be back at work at Groupon in Chicago. And all this would have been a bad dream.

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Yesterday, a Santa Barbara writer offered some reasonable bike safety advice. After a hate-filled, auto-centric introduction in which she collectively blamed all cyclists for the actions of a few, that is.

Or possibly, just two.

Although she never bothered to explain how her coffee ended up in lap when she slammed on the brakes to avoid one; it’s not like someone so safety conscious would have been holding it while she drove. Right?

I was debating how to respond to her piece, when I found myself reading an insightful, brilliantly constructed take down that made any response from superfluous. I wasn’t surprised when the writer mentioned he was a lawyer; yet somehow, I missed his name until I got to the end.

I should have known.

Thanks to Charles Hudak for the heads-up.

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This should put the value of our lives in perspective.

A South Carolina man who killed a police dog in a shootout gets 35 years, while an Iowa woman is fined a whopping $500 for killing a cyclist after claiming she thought she hit a deer.

Of course, a rational person might have stopped to see what she hit. Then again, a rational law enforcement agency — or judge — might have questioned such a convenient excuse.

Thanks to Michael McVerry for the link.

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If you haven’t seen it yet, this New Zealand traffic safety spot is a must watch. Even though studies show traffic safety ads don’t work.

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An LA rider lives out his biggest bike commuting fear in colliding with a stop sign-running rider; thanks to Steve Herbert for the heads-up. Federal anti-poverty funds could be used to build bike lanes in some of LA’s least advantaged neighborhoods. LA’s 2020 Commission concludes the city is going to hell in a hand basket. We’re just over the halfway point to completing the full 51-mile LA River bike path, with 25 miles to go. Breaking Away, the movie that got me back into bicycling, will screen as a fundraiser for the Los Angeles County Bicycle Coalition at Laemmle’s NoHo7 on Wednesday, February 12th. Experience South LA’s iconic Central Avenue by bike this Sunday. New film looks at the Eastside Riders Bike Club. SaMo police bust a homeless man for stealing a bait bike. Great pair of letters in response to an anti-bike screed in the Santa Monica Daily Press, one from a bike rider and one from a non-rider who gets it. CICLE’s Arroyo Seco tweed ride rolls this Saturday. A San Gabriel walker correctly notes we should give pedestrians three feet passing distance, too. Boyonabike resolves to be a pain in the ass for safer cycling in the SGV this year. CLR Effect is selling a classic Bottecchia I would kill for if I was just a touch more psychotic. After a friend barely survives broadsiding a U-turning car on Via del Monte in Palos Verdes Estates, Cycling in the South Bay barely avoids the same fate; I thought I recognized that deadly street.

Nine top international pro teams will take part in this year’s Amgen Tour of California. The Huntington Beach Independent looks at the local cost of distracted driving. The Bike League’s Stephen Clark talks about what it takes to be a Bike Friendly Community in Huntington Beach next Wednesday. Advocacy group BikeSD endorses David Alvarez for mayor of San Diego. Cannondale Pro Cycling unveils its 2014 team; Thousand Oaks is not LA, though. A Santa Cruz writer says “Share the Road” has failed to protect local cyclists. Palo Alto cop is faulted for using his Taser on a 16-year old cyclist, but it’s okay to knock him off his bike with a patrol car; anything that could cause a rider to fall from his bike should be considered deadly force. After a 90-year old Menlo Park driver jumps the curb and hits two small kids, his lawyer accuses them of recklessness for walking on the sidewalk. SF Gate looks at May’s Climate Ride; I’ve heard nothing but good things from those who rode it last year. A salmon cyclist is expected to survive a head-on collision with tow truck in San Francisco’s SoMa neighborhood. San Francisco supervisors call for a crackdown on dangerous drivers; will LA’s city council ever have the courage to demand that motorists stop killing Angelenos? Is spray painting “road kill” in a Napa bike lane a hate crime; seriously, do you really have to ask?

Powerful story from a legally blind bike rider who fought the law, and won. Agenda announced for this year’s National Bike Summit in March. Legal commentary calls for tougher rules for bike and ski helmets, while the incomparable Elly Blue offers five things more worth arguing about than bike helmets — and nails it. Riding a bike in your teens could help prevent a heart attack later in life. Maybe it is a minor miracle, as Portland residents demand that parking be removed to improve bike access. A Spokane website offers a comprehensive list of women’s bike blogs. Gay marriage is off for now in Utah, but mayors biking to work is on. Does the world really need a smarter bike bell? Talk about a good cause — a Boulder CO event raises funds for the Amy D Foundation, dedicated to introducing young girls to cycling in honor of fallen pro cyclocross rider Amy Dombroski. Turns out auto traffic really does drop on bike to work day, at least in Boulder. Nebraska cyclists protest plans to ban them from a key bridge. A South Dakota driver gets a plea deal on road rage charges, though security camera footage may raise issues. Robbers pistol whip, then shoot a Pasadena cyclist; no, the other Pasadena. Zip-off pant extensions could help you arrive at work in style. Biking is up in Boston, though 70% of riders are men; helmet use is a surprising 76%. A Boston writer looks at the recent death of fallen cyclist Pam Leven, and questions whether it, or any other collision between cyclists, is really an accident. Students at Northeastern University develop a smart bike with built-in collision warning system; is anyone old enough to get a “Danger Will Robinson! Danger!” reference? November was the deadliest month for NYC cyclists and pedestrians in nearly two years. New York cyclists get bike repair vending machines. Florida legislature could remove incentive for drunk drivers to flee collisions; that’s just the first step we need to take here.

UCI appoints its panel to examine doping in pro cycling, and Lance promises to play nice. Experts debate whether bike helmets should remain mandatory in British Columbia. Oxford cyclist drowns on flooded pathway near where a teenage cyclist drowned in 2007; never try to ride through water if you can’t tell how deep it is. Panicked Lancashire publication says speeding poser cyclists on Strava risk road death. Irish authorities urge humans to wear hi-viz rather than ask motorists to actually pay attention. Hamburg plans to eliminate the need for cars within 20 years. Aussie driver harasses a cyclist, who turns out to be the state police commissioner. Freak mini-tornado blows rider off bike in Australian time trial. Brisbane closes a toxic bikeway for asbestos removal. Kiwi cyclists fear more deaths unless a new pathway bypasses known danger zones. New Zealand writer says bike safety should be a political issue; he’s right. A rider takes a record-setting tour of the South Pole.

Finally, a Canadian driver cuts out the middleman, and crashes into bikes before they ever leave the shop. LA now has the world’s first Burrito Vending Machine — and naturally, a bike lane leading right to it. And Another Perfect Day finds a road sign anticipating lonely cyclists.

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Category: Advocacy & Politics, Bicycle Safety, General, Injuries and Fatalities / Tags: , , , , , ,

Bike lawyer Bob Mionske weighs in on Santa Monica cyclist convicted of assault with a deadly weapon

June 21, 2013 / / 3 comments

Sometimes I’m surprised by just who reads this blog.

Let alone their willingness to weigh in on the issues we discuss.

Case in point: The other night, I mentioned I’d be writing a piece for LA Streetsblog about the cyclist who pleaded guilty to assault with a deadly weapon after blowing through a red light, and seriously injuring a pedestrian on the Third Street Promenade in Santa Monica.

And while I was reaching out to a handful of the area’s leading bike lawyers for comments, I invited any other lawyers who wanted to weigh in on the case to send me their thoughts.

Still, I was surprised to receive an email yesterday from bike lawyer Bob Mionske, Bicycling Magazine’s Road Rights columnist, and author of Bicycling and the Law.

I used some of what he had to say in my piece, which is now online at Streetsblog.

But his entire response is well worth reading, as it shines a light both on issues in the Santa Monica case, and the mentality facing cyclists on the road everywhere.

With regard to the “assault with a deadly weapon” charge against the cyclist in Santa Monica, it seems to me that this is overreach, and is due to a frustration with cycling in general, and scofflaw riding specifically. But as we have witnessed in the aftermath of many a cyclist death under the wheels of a culpable motorist, comments about the scofflaw straw man always emerge. This may be a version of the same mentality. When people are frustrated by some group—in yesterday’s culture, young “hotrodders,” in today’s culture, “scofflaw cyclists”—finding a member of that group who has actually broken the law and been caught may lead to a sort of collective punishment for the entire group, in which the culprit is made an example of.

Looking beyond the particulars of this case, there are two larger issues here.

First, there is the issue of disparate treatment of cyclists who break the law, and drivers who break the law. We can see this in the “Scofflaw Cyclist” meme that cyclists are tarred with. In fact, drivers break the law at least as often as cyclists do, and perhaps more often. And when drivers break the law, they are more likely to be a danger to others than when cyclists break the law. And yet, cyclists are the ones who are tarred with the “Scofflaw” meme, even when they are the law-abiding victims of negligent drivers.

When drivers are negligent and injure or kill a cyclist, are they charged with “assault with a deadly weapon”? Not that I’ve ever heard of. Often, they are coddled with “it was just an accident.” And often, law enforcement bends over backwards to shift the blame to the cyclist, when it is crystal clear that the driver was breaking the law. I have seen this happen many, many times.

Part of the problem we are facing is that we live in a culture where most people, including law enforcement, prosecutors, judges, and jury members are drivers. Prosecutors have a high bar of proof when pressing criminal charges, and if the accused was a driver who did something that every driver does, it may be difficult for the prosecutor to convince a jury made up of drivers to find the accused driver guilty of a serious charge. But when the accused is a cyclist, and the general opinion of cyclists is that they are scofflaws, it will be easier for the prosecutor to convince a jury made up of drivers to find the accused cyclist guilty.

There is nothing inherently wrong with pressing charges against cyclists who negligently injure pedestrians. But there is something wrong when we treat cyclists more harshly than we treat drivers who negligently injure cyclists and pedestrians. If as a society we want to start charging cyclists with serious violations when they negligently injure pedestrians, then we’d better get serious about charging motorists with equally serious violations when they negligently injure cyclists and pedestrians.

Second, when charges are filed, they should reflect what actually happened. This means that the incident should not be undercharged (for example, “unsafe passing” when in fact somebody was killed as a result of an unsafe pass), and the incident should not be overcharged. The question raised by the charge in this incident is whether the charge reflects what actually happened, or whether the cyclist was overcharged. From my own experience, I have never seen a motorist charged with “assault with a deadly weapon” after running a stop (yes, motorists run stops) and hitting a cyclist or pedestrian.

One other quick note.

Many of the attorneys I spoke with described the charge against the cyclist as an overreach. Meaning, yes, the cyclist could be charged with assault with a deadly weapon, but it probably wasn’t the appropriate charge in this case.

And while they didn’t say it, one that a good lawyer might have been able to get dismissed.

Which brings up one last point I’m surprised none of the lawyers mentioned.

If you get a ticket while riding, whether in Santa Monica or anywhere else, you may want to fight it — especially if there’s a question of selective enforcement, which may be the case as the SMPD plans to target violations by bike riders over the next few months.

Mionske offers a good guide to determine whether to fight or pay.

You may or may not be able to fight it on your own. But it’s always a good idea to talk with a lawyer first.

But if you’re facing criminal charges, for whatever reason, you need a good lawyer. It’s not a question of whether you can afford one, but that you simply can’t afford not to have one.

You can find a list of attorneys with experience in bike cases over there on the right. Including every lawyer I talked to for my Streetsblog story.

I don’t know if Rocky Martin had one.

But I suspect if he had, his case might have turned out differently.

Category: Advocacy & Politics, Bikes & the Law, Law Enforcement, Legal Cases / Tags: , , , ,

Does it matter if you’re right when a wrong-headed legal system says you’re not?

February 28, 2012 / / 4 comments

A must-read from bike lawyer Bob Mionske on a failed legal case in Mississippi, in which a judge blames a cyclist for the negligence of the driver that hit her — simply because she was riding on the road.

Except it’s not just a problem down South. It’s one we all risk every time we ride.

You can do everything right on the roads, and still get blamed by a cop who thinks he knows the laws that govern bicycling, even though he’s never been trained in it.

Or failed by prosecutors or judges who misinterpret — or sometimes ignore — legal standards in place to protect all road users.

Even bike riders.

Granted, things have improved greatly in Los Angeles under Chief Beck, particularly through the efforts of bike liaison Sgt. David Krumer. We now have a voice within the department we never had before.

Although it’s still far from perfect, as it’s not hard to find officers who have seen or don’t remember the city’s highly praised bike training module.

But leave the city, and you can find yourself subject to sometimes absurd interpretations of the law.

Take last week, when I was threatened by a road-raging driver while riding on the sharrows on Hermosa Avenue in Hermosa Beach.

The cop I flagged down was more than willing to tell the driver who tried to threaten me that I had every right to ride in the traffic lane. And was happy to explain that those little bike pictures on the street mean that’s where I’m supposed to ride, and he was required to share the lane whether he liked it or not.

So far so good.

But then he followed-up by incorrectly telling me that no violation had occurred — even though it’s against the law to threaten anyone with a motor vehicle, or to pass a rider in an unsafe manner. The truth was was that there was simply nothing he could do since he didn’t actually observe the violation.

Then he went on to add that I could have been arrested for following the driver into a public parking garage to take a photo of his license plate.

If that were the case, every paparazzo in North America would be behind bars.

But maybe the first amendment doesn’t apply in Hermosa Beach.

I’ve also gotten word that the CHP says it’s against the law to ride two or more abreast, even though that’s not mentioned anywhere in the vehicle code.

And I get regular reports from cyclists about officers telling them to get out of the traffic lanes we’re legally entitled to, or to ride in the door zone or amid the broken glass and gravel in the gutters in violation of our rights under CVC.

It’s a very sad comment that cyclists often know the law better than those who are charged with enforcing it. Let alone that we have to.

But that’s the world we live in.

If you’re stopped by a cop who doesn’t know the law, don’t argue with him. You’re far better off accepting a ticket you can fight later than ending up in cuffs. You can take it up with his supervisor when you get home. Or take it up with the judge.

And hope you get a better one than the one in Mississippi.

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A letter writer says the Time’s recent endorsement of bikes doesn’t reflect reality. This explains why you may be more likely to be run off the road by a jerk in an expensive car; actually, I tend to have more problems with jerks in trucks and muscle cars. Workshops continue for wayfinding signage on future Bike Friendly Streets. Simple observations says more people are riding more in L.A. Gary says high gas prices could drive a further increase in bicycling. Another look at Silver Lake’s Dr. Suess-designed pedestrian plaza. That bike musical we mentioned the other day may be a good one, but not the first after all. Can fashion lead the way for bike advocacy — and am I wrong to be offended when ghost bikes are used to sell clothes? Limited closure of the San Gabriel trail for repaving has been delayed. The Claremont Cyclist gets mistaken for Lance Armstrong.

Streetsblog says it’s round two for the three-foot passing law, similar to the one vetoed by our sadly misguided governor last year. San Diego’s leading bike website will soon extend coverage throughout the county and to all kinds of bicycling. The importance of bike advocacy. A Coronado man plans to ride across the country to call attention to traumatic brain injuries. CHP in El Centro blame a suicidal cyclist for turning into a truck that desperately tried to avoid him; yeah, right. The Coachella Valley plans to spend $80 million for a 54-mile paved pathway for golf carts, e-vehicles and bikes too. A Ventura County mountain biker thanks the people who helped save his life. Four members of Lance Armstrong’s developmental team were injured in a crash at their Santa Ynez training camp. CHP stats for the County of Santa Cruz show cyclists at fault in more collisions than drivers; of course, they’re the ones assigning blame. And I doubt rumbles strip will help. Caltrain proposes assuming responsibility for a free, volunteer bike valet. A Bay Area columnist goes from hating bikes to thinking they’re the future to hating bikes, or at least the people on them. Sacramento cyclists — and unwilling drivers — enjoy the benefits of back-in angled parking.

How to go hard anywhere. Helmet hair is no longer an excuse for not riding. Bikes aren’t the reason for Portland’s transportation problems. Eight years in prison for a repeat drunk driver convicted in the hit-and-run death of a Colorado cyclist. Press reports blame the victim of a fatal collision for riding in the traffic lane rather than on the shoulder, yet fail to mention that bikes are allowed in the lane in all 50 states, and offers no further explanation for why an Atlantic City cop ran him down. New York makes improvements to Prospect Park that actually benefit riders for a change. The New York Times continues the debate over making cities safer for cyclists and pedestrians, including a remarkable claim in the comments from John Forster, the father of Vehicular Cycling, that no one has ever created a safe bike lanes; thanks to Evan G for the heads-up. Selling vintage bikes in Boston. If you’re going to ride against traffic, don’t collide with a cop.

A Canadian study shows cycle tracks and local streets mean fewer injuries for cyclists. A UK letter writer calls cyclist behavior disgusting. A bronze statue is planned for a singer killed while riding her bike in London. Far too many Irish cyclists have been killed or injured on Dublin Streets. A Dutch study says bike helmets offer virtually no benefit in moving collisions; instead of opposing helmet use, why not call for better helmets? Park your bike in the wrong Copenhagen spot, and you may find it moved — albeit very politely. What cyclist wouldn’t want to ride the Chuck Norris bike and pedestrian bridge? Breathtaking bike sculpture from China’s Ai Weiwei. Australian authorities target cyclists in an attempt to reduce trauma on the roads, rather than focus on the ones actually causing it. Brisbane bike couriers are told to stop making small talk with receptionists. A suggestion from Down Under that all car mirrors should have warnings to look out for cyclists to prevent doorings. An Aussie man is ticketed for doing 35 in a school zone — on a bike.

Finally, a pantsless woman was arrested for shoplifting at an OC bike shop, reportedly jamming parts and accessories into her somewhat lacking attire. It’s a wonder any of our bike-riding forebears survived the ‘40s, though they seem to have had a different definition of head-on in those days.

And George Wolfberg forwards a warning that the bees that tried to kill me on the bike path may be bringing in robotic reinforcements.

Category: Bikes & the Law, Law Enforcement / Tags: , , , ,

Universal says no to bikes, Bob Mionske points the finger, Mark Elliot intelligently refutes John Cassidy

March 29, 2011 / / 7 comments

City Watch looks at Universal’s refusal to allow an extension of the L.A. River Bike Path and river revitalization efforts through Universal City.

As far as I’m concerned, until that changes, their plans for expansion should be dead in the water.

In fact, until they become friendlier to bikes and their riders — on and off their property — they shouldn’t get the time of day from the city of L.A. And every cyclist in L.A. should oppose their plans.

.………

Bob Mionske says the official explanation for the NYPD’s over-the-top vendetta against cyclists pegs the BS meter, and points the finger squarely at NYPD commissioner Ray Kelly.

Meanwhile, New York streets may be safer than ever, but the battle rages on. The Century Road Club Association offers a form letter to fight back against New York police targeting Central Park cyclists.

And Mark Elliot of Better Bike Beverly Hills offers a very intelligent, highly detailed refutation of anti-bike New Yorker columnist John Cassidy; it’s a long read, but definitely worth the time.

.………

In the third part of her excellent bikenomics series, Elly Blue says that investing in bicycle infrastructure leads directly to increased physical activity, which leads to lower healthcare costs and reduced mortality. And the more people who are riding, the safer everyone becomes.

.………

The L.A. Business Journal says if you drive, bike or motorcycle on the streets of L.A., you probably have broken teeth or a swollen tongue from all the potholes on the street, noting that just 3% of city streets are in good condition. Why does L.A. make it so hard just to park your bike and spend a little money? A Santa Monica writer say drivers aren’t as courteous and alert as they should be, so give cyclists a little extra room. The Long Beach Post looks at the funeral and memorial services for bike advocate Mark Bixby, who “lived an extraordinary life.” KABC-7 offers advice on getting back on your bike; although I’d think advising riders to use lights after dark would be more effective than recommending reflective tape. A really crappy press release announces events around the Dana Point Grand Prix of Cycling on May 1st. A new bridge will close a gap in a popular bike path around San Diego’s Mission Bay. The Soldier Ride helps give a wounded vet hope. In typical fashion, San Mateo County releases a bike plan full of gaps and disconnected bikeways.

A team of HIV-positive riders will compete in this year’s Race Across America (RAAM). Former framebuilder Dave Moulton looks at proper leisure riding position, while a bike shop worker says maybe most roadies are riding with the wrong handlebars — or maybe the wrong bike. Steve Vance says cargo bikes are American cycling’s newest sub-subculture. Bicycling asks how you would vote on the charges alleged against Lance Armstrong if you were on the jury. Presenting the 10 most popular bike commuting cities; and no, L.A. ain’t on the list. Tucson’s second successful Cyclovia pleases everyone from 6 months to 70. After 80 years, the Empire State Building finally adds a bike storage facility. If you’re visiting New York, you need to know what transit systems you can take your bike on and when. DC’s M-street needs a road diet. Maryland moves to make negligent drivers who kill subject to misdemeanor manslaughter. A new bike safety video from LAB and the NHTSA is a little simplistic, but hits the right notes.

The UK’s Transport Minister finds £836,000 laying around for bike projects. Britain’s traffic jams decrease as gas prices rise and drivers switch to bikes and walking. London Cyclist offers a rave review of the Strida folding bike; yes, you can find one in L.A. A detailed look at the conflict between the desire for Dutch-style infrastructure and what’s actually achievable. Oxfordshire road deaths increase 20% after speed cameras are shut off. Fabian Cancellara looks like the favorite for Sunday’s Tour of Flanders. A recent Aussie study shows that tensions between cyclists and drivers result from impatience, fear and fright, levels of expectations and differing levels of awareness. A South African cyclist gets punched by a Dr. Thompson wannabe. Japan’s 9.0 earthquake shifted transportation paradigms in favor of cycling. Not every woman wants a pink bike.

Finally, a great read from the UK on why cyclists don’t own the road, we just rent it. And the European Union wants gas-powered cars gone from Euro cities by 2050, while the Brits want nothing to do with it; the UK’s Transport Minister says it’s no more likely than rectangular bananas. But before you write it off as just another pipe dream, remember a lot can happen in 39 years; in 1972 we were still listening to 8-tracks, the personal computer hadn’t been invented yet and phones were still wired into walls.

Category: General / Tags: , , , , , ,

A little this, a little that — Mionske on Kornheiser, a culture change at LADOT

April 15, 2010 / / Comments Off on A little this, a little that — Mionske on Kornheiser, a culture change at LADOT

It’s a Bicycling Bob Mionske Tax Day double-header.

First up, the Bike Lawyer explains how — and more importantly, where — you can legally ride side-by-side; turns out it’s only illegal in three states. And California isn’t one of them.

As an aside, the new LAPD bike training module that went online at the end of last month specifies that L.A. cyclists are allowed to ride two-abreast. So if a cop tells you otherwise, either he or she hasn’t finished the training — due to be competed by the end of this month — or wasn’t paying attention. But I wouldn’t recommend arguing the point. They have full discretion to handcuff you if they think it’s warranted or feel threatened; according to the Department, that isn’t going to change.

Next up, he takes up the recent Kornheiser dust up, in which the ESPN radio host suggested that drivers rough up riders just because, well, we deserve it. You know, because we wear Spandex and run red lights and stuff.

Yeah, that’s a good reason to assault and potentially injure or kill someone. Although I’ve never heard anyone call the countless short, fat and/or middle-aged guys in Lakers jerseys you see all over L.A. Kobe Bryant wannabes.

As usual, though, Mionske gets it right.

But what if the character’s wrath is directed at a group that has historically been the target of violence? Suppose, for example, that the character expresses his dislike of women by telling listeners to go home and beat their wives? Or to go out and find a stranger to rape? Is his act still funny? Or suppose he goes on a rant about how much he dislikes gays, and tells his listeners to go out cruising with some friends looking for gay men to bash—is it still humorous? What if the rant is urging listeners to burn down a synagogue? Or suppose the target of his wrath is African-Americans, and the radio personality is urging a lynching? Is anybody still laughing? 
Of course not (or at least I certainly hope not). Nobody would consider those to be jokes or satire or entertainment, because the subject matter of the alleged entertainment is indistinguishable from real acts of violence, historical and contemporary, threatened and actual…

Daily, cyclists have drinks lobbed at them, have doors maliciously opened by passing motorists, are run off the road, and even run down, simply because they are on a bike. Sometimes, they’re even “just tapped,” as ESPN’s Tony Kornheiser recently urged. Perhaps the most common threat of violence against cyclists is one we’re all too familiar with—the buzz, where the driver passes within inches of us at high speed. Occasionally, a driver may truly have miscalculated the distance, or just plain didn’t see the cyclist. More often, I believe, the driver is intentionally threatening the cyclist. You can be sure it’s intentional when the driver checks his rear-view mirror for your reaction. In fact, I’m convinced that some “accidents” are buzzes gone awry—the driver intended to scare the cyclist, but didn’t expect that the close pass would result in a collision. And New Zealand police say that drivers are intentionally targeting cyclists. I’m convinced that’s a problem that’s not just limited to New Zealand . It happens here too.

Personally, I think Lance let Tony off way too easy.

But as Mionske points out, unless the FCC suddenly starts taking action against out-of-control self-described comedians who incite violence — or station owners suddenly grow a pair and hold their employees accountable for what they say on the air, despite the profits they bring in — nothing is going to change.

That is, until one of their listeners actually follows through on this kind of talk. And that’s when a good lawyer — hello, Bob — will go after the misguided purveyors of this kind of crap.

And maybe then we’ll put an end to it once and for all.

……..

The latest email from the LACBC has some important notes.

(Speaking of notes, maybe the Bike Coalition could try putting a copy of these emails on the website, so people like me can link to them.)

First, the LACBC has posted a petition online telling Mayor Villaraigosa it’s time for a culture change at LADOT — or whatever agency replaces and/or absorbs LADOT, given the current budget issues.

As the petition points out, the agency has a long history of favoring vehicular traffic at the expense of other road users. And it’s long past time for a new approach that puts the city and its people ahead of the countless cars that are destroying it.

I urge you to sign it.

You’ll find my signature right there at #71. And no, you don’t have to make a donation, despite what the petition host implies.

Next, the state Assembly Transportation Committee is scheduled to hear Assembly Bill 1951, which would toughen penalties for careless drivers who injure other people.  There’s still time to fax a letter in support of the measure today to committee chairperson Bonnie Lowenthal at 916/319-2154; click the link for a sample letter.

……..

The driver who hit Louis “Birdman” Deliz last December and left him laying injured in the street goes on trial in Beverly Hills on the 23rd. Damien asks if street cleaning will be LADOT’s excuse to endlessly delay bike corrals. The Anonymous Cyclist offers a reminder about Good Sam’s Blessing of the Bicycles. The second annual Bike Day LA comes up on May 2nd. More on the TranspoComm’s approval of what could be the city’s first bike corral. Changing minds via the comment section in San Diego. A detailed look at why women bike, and why they don’t. Zeke encounters a jerk on his rear wheel; I’m envious of any road where you see just three cars in five miles. An Ohio congressman blames his recent anti-bike outburst on LaTourrette syndrome. A DC video shows how not to cut off a bike, while a nearby county replaces a crappy non-standard bike lane with crappy non-standard sharrows. The DC cyclist killed by an 11,000 pound National Guard truck during the recent Nuclear Summit was ruled collateral damage. A Virginia cyclist is killed after running a red light. The University of Colorado says don’t be a DIRC — Dangerous, Irresponsible Rider on Campus. After Arizona cyclists complain about a dusty detour, they get banned from the road. A Toronto mayoral candidate calls for a $20 to $30 annual registration fee for bikes. A first-hand report from a London cyclist on a deliberate attack by a road raging driver; the result was 6 months in jail and two-year ban on driving. Make your plans now for a two-month, 4,100 mile circumnavigation of the British coastline.

Finally, a writer in the Baltimore Sun says instead of a three-foot passing rule, bikes should be banned from some roadways; yeah, no point in requiring motorists to drive safely when you can blame their victims instead.

And I don’t need a mirror to know I’ve got two-plus tons of hulking, smog-belching steel behind me, thank you.

Category: General / Tags: , , , ,
 
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