Tag Archive for dog attacks

LA considers easing bollard applications to protect buildings — oh, and us, too; and bike-riding boy bitten by OC coyote

October 24, 2024 / / 2 comments
Just 67 days left until Los Angeles fails to meet its Vision Zero pledge to eliminate traffic deaths by 2025. 

Photo from the World Bollard Association Twitter/X account.

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About damn time.

The Los Angeles City Council took the first of many steps that will be needed to fulfill the promise of a carfree 2028 Olympics, advancing a proposal to fast-track applications for bollards to protect us from motor vehicles.

Or maybe not.

According to My News LA,

“Vehicle ramming attacks, where a perpetrator deliberately rams a vehicle into pedestrians or buildings, have been increasing around the world in recent years,” the motion reads. “With the city hosting major international events in the next few years … the city should look at ways to safeguard residents and visitors from these types of attacks.”

So, the plan is actually to protect buildings and pedestrians from vehicular terrorists, rather than the more pedestrian form of terrorism we face from the people in the big, deadly machines on a daily basis.

But wait, there’s more.

In addition to safety at events like the 2028 Olympic Games, bollards could also enhance protection for bike lanes across the city.

At least we’re an afterthought, anyway.

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As if loose dogs aren’t a big enough danger to people on bicycles, a ten-year old kid was bitten by a coyote while riding his bike in Irvine Tuesday morning.

Fortunately, the boy wasn’t seriously injured.

But there’s always a danger of rabies or other canine diseases with a bite like that from a wild animal, so let’s hope he’s okay.

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A Calbike guest post from the executive director of dblTilde CORE, Inc discusses the results of the 50+ Cycling survey they conducted in partnership with the Mineta Transportation Institute.

Not surprisingly, it pretty much shows what you might expect.

Mobility habits naturally evolve with age. These habits can be described as a bell curve that follows childhood to adulthood to the third stage of life, going from dependent mobility to independent mobility and back. Many older adults eventually stop driving due to physical or cognitive changes. In fact, AARP data indicates that while 80% of people over 65 are still driving, this number drops sharply to 35% by age 80.

The 50+ Cycling Survey shows that cycling remains an attractive option for those looking to stay active and independently mobile. For many older adults, cycling can be a key mode of transportation for independent mobility, so they don’t have to rely on others or public transportation.

You can take this year’s survey here.

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Sounds like you won’t want to miss this week’s Bike Talk.

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And you definitely won’t want to miss North OC Bikes monthly family friendly bike ride tomorrow night.

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It’s now 309 days since the California ebike incentive program’s latest failure to launch, which was promised no later than fall 2023. And a full 40 months since it was approved by the legislature and signed into law — and counting.

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

Hundreds of Toronto bike riders turned out to protest proposed legislation that would give the conservative provincial government veto power over all new bike lanes, allowing their installation “only where it makes sense.”

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Local  

The Los Angeles Times recommends riding a bicycle to Dodger Stadium and locking up at one of the stadiums numerous bike racks for tomorrow’s first game of the World Series, as part of their five ways to avoid parking and traffic headaches — as long as you’re willing to ride up some hills.

Streets For All calls on the National Cemetery Administration to reopen Constitution Ave through Westwood’s Los Angeles National Cemetery, which has been closed since the 9/11 attacks — apparently out of the well-founded fear of walking or bicycling terrorists attacking the thousands of dead service people buried there. You have until next Monday to get your comments in.

This is who we share the road with. After a homeless man was killed by an alleged drunk driver near the Santa Monica Pier last week, the Santa Monica Daily Press says it reflects the growing trend of traffic violence in the LA Area.

 

State

Coronado is moving forward with their own ebike regulations, including barring kids under 12 from riding them.

A Carpenteria letter writer says organizers of the “the Ride Santa Barbara bike race” — note the key word “ride,” not race — left an “insane” amount of colored stickers and spray-painted arrows on the street near his house, wondering why that’s not vandalism. Um, maybe because they had a permit, and it should eventually go away with weather and wear. 

 

National

A Ukrainian couple went from a happy life in Kyiv to living with their kids and running a bike shop in Boulder, Colorado after the Russians invaded.

No surprise here, either. A new study from Cambridge, Massachusetts shows bicycling use soars after the installation of a physically separated bike lane.

Police in New York are on the lookout for burglary suspects who killed a woman riding a bicycle while fleeing from cops who tried to pull them over; the three suspects fled on foot after slamming into the woman, who was described as an avid cyclist. Yet one more example of the dangers of police chases to innocent people. 

New York officials finalized plans for a $2 million ebike trade-in program to get dangerous lithium-ion ebike batteries off the streets.

Nice program from Louisiana’s Iberia Parish, where officials are calling for bicycle donations for victims of domestic violence, in a city with no public transportation options.

 

International

Momentum highlights seven “stunning” national bike trails, ranging from Europe to Asia and the Middle East, with a stop in the US for the Great American Rail-Trail.

Researchers from the University of Toronto are using machine learning to optimize the placement of bike lanes, discovering that optimizing for equity results in a more spread out map, with less concentration in the downtown area.

Scottish bicyclists are calling for improvements to a narrow, “unsafe, unacceptable” shared-use path — which is nothing more than a striped highway shoulder —  over fears strong winds could blow riders into high speed traffic.

 

Finally…

That feeling when your brand new pro bike ends up 50 feet down a cliff. And always wear a hoodie emblazoned with “Crooks” when you steal an ebike, so cops have an easier time identifying you afterward.

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

Oh, and fuck Putin

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