Tag Archive for Jim Pocrass

Bike League addresses South LA bike rider killed by deputies, Streetsie Awards announced, and don’t be a schmuck

September 11, 2020 / / 3 comments

I may have to start a new religion. 

Three days after my laptop died, it somehow miraculously resurrected itself yesterday morning. 

No assurances that it’s up and running for good, but at least it gives me a chance to catch up on this week’s news. And maybe buy a little time to come up with the money to replace it. 

Photo by Life Matters from Pexels.

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The Bike League offered a statement on the killing of Black bike rider Dijon Kizzee in South LA last week, seemingly shot in the back by sheriff’s deputies as he tried to run away from a traffic stop.

I’d planned on just posting an except from it, but the whole thing is worth reading.

Dijon Kizzee was a bicyclist. He was a person on a bike. He was a Black man in America on a bike.

According to police reports he was doing something illegal on a bike, violating a section of the traffic code. As most people who bike know, most of the traffic code was not created for them; is not known by many people, including law enforcement; and is enforced in a highly discretionary manner. Much of the traffic code that deals with bicycling is focused on protecting the rider from the drivers of motor vehicles that we share streets with. We as an organization are committed to doing whatever we can to make bicycling safe for everyone, including reducing interactions between bicyclists and the police that can escalate into violence.

A biking code violation should never lead to police violence and deadly force.

Dijon Kizzee died after being stopped while bicycling. A protected bike lane or statutory change would be unlikely to change that.

Racism is much larger than bicycling, but to make safe streets for everyone requires confronting racism. Confronting institutional racism in our justice systems, police practices, and cycles of investment is necessary to make safe streets for everyone.

To make sure that #BlackLivesMatter to us as a bicycling organization, bicycling while Black must be treated as a threat to the safety of bicycling in the same way that we treat lack of infrastructure, distracted driving, drunk driving, speeding, and the many other things that people think of when they think of bicycle safety.

Los Angles Sheriff Alex Villanueva says the department has almost concluded its investigation of the shooting, and is just waiting to interview one of the deputies, who still hasn’t spoken with investigators over ten days after the shooting.

Meanwhile, there’s this hard-hitting piece by a Black writer, who wonders when we’ll talk about the fear Black people experience as they walk their dogs, ride their bikes and work in their yards, as opposed to a fear of Blackness.

An Asian man in Garden Grove was the victim of a racist rant from a neighbor as he rode a stationary bike in his garage; the woman only left after he picked up a knife. Needless to say, the woman’s husband insisted she’s not racist and it was all a misunderstanding. Hint: If you don’t recognize your own neighbor, and describe him as having “slanted eyes,” you’re pretty damn racist.

And an Illinois woman faces hate crime charges for trying to run Black bike riders off the Winnetka Pier, falsely telling them they needed a permit to be there. Correction: I originally wrote that the incident took place on Chicago’s Navy Pier, rather than Winnetka. Thanks to Andy Stow for the correction.

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Congratulations to BikinginLA sponsors Jim Pocrass and Josh Cohen on being honored with this year’s Streetsblog LA Streetsie Awards.

Other honorees include LA County Supervisor Sheila Kuehl, Culver City Councilmember and former Mayor Meghan Sahli-Wells, LA City Commissioner and CicLAvia Chief Strategist Tafarai Bayne, and climate advocacy group Climate Resolve.

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This one’s definitely worth the click. And maybe even a few copycats.

Thanks to W. Corylus for the heads-up.

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That feeling when you can’t decide whether to build a cycle track or a pump track.

bike lane in Körmend, Hungary
by inUrbanHell

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Leslie Jones is one of us now, too.

https://twitter.com/Lesdoggg/status/1302365492070379520

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It takes a major schmuck to tell a handicapped bicyclist who doesn’t have use of his legs that he can’t use his mobility device on public trail.

Whether or not it’s technically within the rules.

Seriously, don’t be this guy.

https://twitter.com/KalhanR/status/1304259089262931969

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

An unlicensed driver faces charges for intentionally trying to run down a mother riding with her young daughter, after they complained he was blocking a San Francisco bike lane.

DC authorities are looking for a driver who intentionally ran down a man riding a bike; for a change, the police are treating it as a homicide.

An Ontario, Canada letter writer says bike lanes should be built on a “use it or lose it” basis, suggesting they should be removed if not enough people use them. Maybe we should put the same rule in place for motor vehicles.

No bias here. A British tabloid exposes the “secret” hand signs that bicyclists use to warn other riders about road hazards, which drivers apparently aren’t supposed to know about.

No bias here, either. A British motoring magazine says Covid-19 is being used as an excuse to rob drivers of their precious traffic lanes, and motorists need to keep fighting to claw them back.

Or here, as a British tabloid goes ballistic claiming a fire truck became stuck by a planter intended to block traffic on a Slow Street — even though the fire captain said in the same article that they didn’t get stuck, and supported the traffic restrictions as a safety measure.

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

A group of New York firefighters chased down and detained a bike-riding man who swerved onto the sidewalk to punch a 60-year old woman, apparently at random.

A Saskatchewan woman suffered serious injures when she was struck by a bike rider who rang his bell before plowing into her; the crash may or may not have been his fault, but leaving the scene afterwards was.

Seriously, don’t be that person, part two. A woman on a bike rode off without an apology after being confronted by a child’s mother for hitting and dragging her one-year old daughter in a London Park.

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Local

Surprise! It’s Bike Month in LA County, such as it is this year. Instead of Bike to Work Day, we’ll have Ride a Bike Day on Tuesday the 22nd, aka World Car Free Day; you can celebrate virtually with Burbank and the LACBC.

This is how you change the world. South LA’s East Side Riders Bike Club has been serving a free breakfast to the community all summer; now they’re extending hours to feed children before school, and working on serving lunch.

Look, we get it. It’s great that the former Governator is one of us. But we really don’t need to see daily photos of his daily ebike rides through Santa Monica.

 

State

The bike boom is going full force in San Diego, where a new study shows bicycling rates shot up 40% over last year since the Covid-19 stay at home order was issued.

Highland police will conduct a bike and pedestrian safety enforcement crackdown today. Standard protocol applies — ride to the letter of the law until you cross the city limits, so you’re not the one who gets ticketed.

A Big Bear bike rider says it’s time to dust off the local bike plans, because there are too many drivers “who either don’t see cyclists or don’t like cyclists on the road.”

The family of a Vallejo bike rider will receive a $6 million settlement from the city, after he was fatally shot by a cop who wanted to warn him about riding on a busy street.

A Los Altos bike rider describes roads emptied by the fires in San Mateo and Santa Clara counties as a cycling Nirvana. Even if everyone was being asked to stay off them.

Santa Clara-based chipmaker Advanced Micro Devices is getting into the bike business with a pair of eponymous ebikes.

 

National

Nice read from a new bike rider, who comes to the realization that it’s okay to take up space on a bike. And that some drivers insist on getting in front, even when it’s not smart.

Cannondale is recalling defective front racks on some of its Treadwell bike models.

A bike rider documented the destruction from a wildfire that ravaged his southern Oregon town.

Now that’s more like it. A Nebraska man got 18 years behind bars for the hit-and-run death of a Colorado bike rider; that compares with just four years for a similar crime in Los Angeles.

A Texas man is riding 3,000 miles around the perimeter of the state, after previously riding 4,900 miles through every street in Austin.

This is why you don’t chase down a bike thief. A Wisconsin teenager faces an attempted murder charge for repeatedly shooting a man who chased after him when the teen allegedly stole a bike from his property.

Chicago has seen a spike in bicycling fatalities, with seven deaths so far this year, including the first death on city’s e-bikeshare.

This is the cost of traffic violence. An assistant Brooklyn DA and experienced bicyclist was killed when she was struck by the driver of a charter bus while riding her bike; advocates point the finger at New York Mayor Bill de Blasio for failing to make the city safer. De Blasio responded by saying if you think riding a bike in the city sucks now, just imagine what it would be like without him.

New York’s spare mayor, who would take over if de Blasio stepped down for any reason, says he worries about his own safety while riding a bike, after getting hit by a driver while riding last week.

New York bike advocates call on the NYPD to stop prematurely blaming bike riders for their own deaths before even conducting an investigation.

No charges have been filed against a pro-Trump driver who plowed into a group of bike riders last week at a Black Lives Matter protest in New York’s Times Square.

Someone please tell “Northern Virginia’s leading news source” that robbing, assaulting and exposing yourself to people on a local bike trail is not the same as aggressive bicycling.

A group of North Carolina seniors were heroes after finding four grand in cash while on a bike ride, then tracking down the money’s owner who had literally lost his nest egg.

 

International

Once again, a bike rider is a hero, as a Canadian medical resident biking home from work came across someone passed out in the street, and was able to save their life with a dose of naxalone.

One of Canada’s best-know tech investors was paralyzed from the waist down when he was struck by the driver of jackknifed truck as he was riding his bike last week.

London bicyclists were twice as likely to be seriously injured or killed by speeding drivers during the city’s coronavirus lockdown.

Life is cheap in Wales, where a driver walked after playing the universal Get Out of Jail Free card, claiming he couldn’t see the bike-riding man he killed because the sun was in his eyes. A second driver played the same card in the same crash, but a jury didn’t buy it in her case.

Good for her. The wife of a fallen British bicyclist unleashed her fury on the court for the lenient sentence given her husband’s killer, who got just six months for hitting him head-on while speeding on the wrong side of the road.

Tragic news, as a well-known 86-year old UK bicyclist died while trying to ride the length of the country for a second time, after he was found in the roadway suffering from serious head injuries; he’d completed the 621-mile ride once before when he was 77.

A Berlin court ordered city officials to remove popup bike lanes that had been installed during the pandemic, after opponents accused them of using it to push through their traffic agenda.

Bollywood star Salmon Khan is one of us. Then again, he’s also an accused hit-and-run driver who was never held accountable.

An Indian man had a little time on his hands during the country’s coronavirus lockdown. So he used it to build an eco-friendly wooden bicycle.

Kenyans are taking advantage of the coronavirus crisis to fall in love with bicycling again.

Tokyo responds to the worldwide bike boom by doing exactly what Los Angeles has failed to do, building bike lanes on 62 miles of major roadways to accommodate the increase in bicycling.

 

Competitive Cycling

By now, it’s not a spoiler to report Britain’s Adam Yates put up a fight before losing the yellow jersey earlier this week, and said leading the Tour de France was fun while it lasted.

French favorite Julian Alaphilippe faltered when his legs gave out on a breakaway yesterday.

Italy’s Fabio Aru had to abandon the Tour due to physical issues that the Former Vuelta winner doesn’t understand himself.

Cycling Weekly catches up with everyone who’s gotten a financial slap on the wrist in this year’s Tour.

Bicycling offers 14 fun facts about the Tour de France you can use to impress your friends. Even though most American’s don’t care in the post-Lance fiasco age.

Seriously, if you’re going to get in the face of the competitors in the peloton, put your damn mask on.

And when people complain about the disparity between men’s and women’s cycling, this is exactly what they mean .

https://twitter.com/DreVorak/status/1302224388159188993

 

Finally…

Your next bike could be a Lamborghini. If you barely get out of the parking lot, you didn’t escape following a bank robbery, whether on a bike or anything else.

And apparently, victory does not always go to the sweaty guys in spandex.

https://twitter.com/AmericanFietser/status/1301911734844895234

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I continue to be amazed by the kindness and generosity of the people who read this site. Thanks to James L, Fred D, and Janice H for their very generous donations to help me get it up and running again.

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Be safe, and stay healthy. And wear a mask, already. 

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

Morning Links: LACBC back on track, injured San Diego bike rider reportedly dies, and bikes on the bus — literally

December 6, 2019 / / Comments Off on Morning Links: LACBC back on track, injured San Diego bike rider reportedly dies, and bikes on the bus — literally

Let’s start with news from last night’s open house at the Los Angeles County Bicycle Coalition.

The group appears to be getting back on track again after a disastrous lack of financial oversight under the previous executive director resulted in major cutbacks at the organization.

Pictured here are LACBC Director of Education Colin Bogart, left, and new Executive Director Eli Akira Kaufman, right, honoring outgoing board member — and BikinginLA sponsor — Jim Pocrass for his service to the coalition and the bicycling community.

It was announced at the open house that the LACBC will be receiving a $20,000 grant from this year’s California Climate Ride, which raised over $800,000 dollars for nonprofit organizations that support conservation, climate, sustainability and active transportation.

A representative from Lime also told the people in attendance that the coalition will be the recipient of the funds raised by the Lime Hero program in Los Angeles next year.

So it doesn’t mean their financial problems are over. But they’re off to a damn good start.

New board chair Michael Fishman, co-founder and president of Pure Cycles makes an announcement as Jim Pocrass waits to be honored.

Correction: I initially reported that layoffs due to the financial cutbacks resulted in a reduction to just four staff members. However, I’ve been reminded that some of those staff members left on their own. My apologies to Zachary Rynew and any others for misrepresenting the situation. 

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Speaking of the LACBC, they’re looking for volunteers to help give out free bike lights next week.

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Last month, we told you about a 27-year old San Diego man who suffered a life-threatening head injury while ghost riding another bike; neither the bike he was riding nor the other one had any lights after dark.

Sadly, Phillip Young tells me the man died, and was buried last week.

So far, I’ve been unable to find official confirmation of the death. If confirmed, this will be just the fourth bicycling fatality I’m aware of in San Diego County this year.

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LADOT wants your input on what can be done to improve the Valley portion of Sepulveda Blvd tomorrow, which could definitely use it.

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At least Metro doesn’t make you put your bike on the roof.

https://twitter.com/TLRailUK/status/1202604813491621890?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1202604813491621890&ref_url=https%3A%2F%2Froad.cc%2Fcontent%2Fnews%2F269261-angry-flemish-cyclist-flatly-refuses-pass-stationary-truck-bikes-trains-rush

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Forget Christmas cookies. What we all need right now is alternative transportation cookies.

Thanks to Ted Faber for the heads-up. 

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The much-loathed Peloton ad is turning out to be the gift that just keeps on giving. At least as far as the press is concerned.

https://www.youtube.com/watch?v=pShKu2icEYw

The actor who plays the husband in the Peloton ad says he was blindsided by the “malicious feedback;” even a friend called him a “symbol of the patriarchy.”

Glamour says leave the lady in the ad alone, because the “intense backlash to the ad says more about us than about Peloton.”

The Atlantic says Peloton doesn’t understand the people who love it most, while Inc. says the only thing worse than the ad was the company’s response to the criticism. Glad I’m not the only one who thought that.

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‘Tis the Season.

A Boise, Idaho bicycle project put out a call for people to donate used bikes, with a goal of giving away 700 bicycles to area kids for the holidays.

Bighearted residents of a Wisconsin town chipped in to buy a new three-wheeled bike for a 20-year old autistic man after the frame broke on the one he used as his only form of transportation.

A Pittsburgh bike drive resulted in 1,200 bikes donated to Toys for Tots.

Charlottesville, Virginia volunteers assembled 600 bike to donate to kids this weekend.

Kindhearted volunteers built 200 bicycles bicycle for at-risk kids in New Jersey.

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Sometimes its’s the people on two wheels behaving badly.

Baton Rouge, Louisiana police busted a 30-year old man who led them on a foot chase after they tried to stop him for riding salmon while carrying two six packs of beer, then using the cans like mini hand grenades. When they finally caught him, he refused to say where the beer came from, but was happy to tell them about his crack pipe.

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I depend on your support to help keep this site going, and bring you all the best bike news from around the corner, and around the the world.

Along with keeping the foster corgi in kibble.

And safe from tigers. 

So please donate to the 5th Annual BikinginLA Holiday Fund Drive today. 

Any donation, in any amount, is truly welcome and appreciated.

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Local

Bloomberg takes a truly horrifying look at distracted driving, including animated graphs that show just how bad the problem is in Los Angeles.

The LA Clippers’ plan to reduce traffic at their proposed arena in Inglewood includes just 93 bicycle parking spaces to serve 18,000 people. Which doesn’t exactly make it sound like they really intend to encourage people to ride to the games, does it?

He gets it. A former LA city planner considers what Los Angeles officials would do if they actually took the climate crisis seriously. And concludes, in part, that they would build out the city’s Mobility Plan and stop encouraging the use of single occupancy vehicles.

 

State

Caltrans is proposing widening popular Laguna Canyon Road, along with adding bike lanes.

He definitely doesn’t get it. A member of the San Diego County Board of Supervisors is up in arms over plans to spend $90 million to build bike lanes, saying the funds should be spent on highways to reduce gridlock. Maybe someone could explain the concept of induced demand to him. Not to mention sprawl-driven driving.

 

National

Thieves have hit a dozen Denver-area bike shops, targeting high-end bicycles. Apparently, they’ve finally figured out that it’s easier to steal a lot of new bikes than one or two used ones.

Life is cheap in Indiana, where a 60-year old woman got a net two years behind bars for the drunken crash that killed a bike rider, after prosecutors pled away the DUI count and another felony charge.

An Indiana man faces charges for throwing two bicycles off an overpass onto a busy freeway, after confessing that he was trying to cause a fatal pileup  “because he hated everyone.”

A New York bike rider faces up to a year in jail for recklessly killing a 67-year old woman earlier this year, even though the DA almost never charges drivers for the same thing.

Florida bike riders accuse drivers of intentionally targeting them with punishment passes — and have the bike cam videos to prove it. Even if the Orlando news site bizarrely doesn’t include any videos.

 

International

Now you can wear Rapha even if you’e not going anywhere.

Clearly, they don’t get it. A British Columbia newspaper admonishes bike riders and pedestrians to stop wearing black after dark. But apparently, careless and distracted drivers can just carry on.

No surprise here. A new study from the UK shows that bicycling makes older people happier, even if they aren’t doing the pedaling.

A British start-up wants to reduce London smog by offering deliveries via e-cargo bikes that can carry well over 600 pounds.

China’s Xiaomi is introducing the second generation of their $3,000 QiCycle smart ebike. And dropping the price nearly $2,600.

 

Competitive Cycling

Peter Sagan says he can see the end of his career coming, but that just motivates him more than scares him.

British track cyclist Vicky Williamson’s career is going downhill, after she made the jump to the country’s bobsleigh team.

Transgender world age group champ Rachel McKinnon says she’s been getting hate mail and death threats ever since Donald Trump Jr threw a Twitter tantrum directed her way.

 

Finally…

We may have to deal with aggressive drivers, but at least we don’t have to worry about falling off a high wire. We may have to deal with drivers parking in bike lanes, but at least we don’t have a bus shelter right in the middle of one.

And apparently, you can stop waiting for a Tesla bicycle.

https://twitter.com/miszterti/status/1202590024518250496?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1202590024518250496&ref_url=https%3A%2F%2Froad.cc%2Fcontent%2Fnews%2F269261-angry-flemish-cyclist-flatly-refuses-pass-stationary-truck-bikes-trains-rush

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Thanks to Eric L, Kent S and David A for their generous donations to the 5th Annual BikinginLA Holiday Fund Drive!

Your generosity and kindness helps keep all the best bike news and advocacy coming your way every day.

 

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

What You Need to Know about Police Reports

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

 

A close up view of a traffic collision report form.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

Jim Pocrass, Pocrass & De Los Reyes LLP

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

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

Morning Links: Whittier bike rider dies of heart attack, LACBC hosts cop talk, and Amgen ToC comes back to SoCal

November 3, 2016 / / 3 comments

Sometimes the dangers we face don’t come from careless drivers, but from our own bodies.

That was the case last month, when the owner of the Toyota of Whittier dealership died of an apparent heart attack while riding on the Greenway Trail. Curt James was just 53 when he succumbed on October 21st, while riding the bicycle he had purchased in July.

His death serves as a tragic reminder that while bicycling may be good for your health, you should always talk to your doctor before changing your riding habits or beginning any new physical activity.

His death is the 68th bicycling fatality in Southern California this year, and the 28th in Los Angeles County; at least four of those deaths have been due to natural causes.

My deepest sympathy and prayers for Curt James and all his family.

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As we mentioned last week, BikinginLA sponsor Jim Pocrass will be part of a free panel discussion on bicycle laws hosted by the LACBC on November 14th, along with representatives of the LAPD, CHP and LA County Sheriff’s Department.

ask_an_officer_flyer_f

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Next year’s Amgen Tour of California — America’s only men’s WorldTour race — will feature four SoCal stages, with finishes in Santa Clarita, Mount Baldy and Big Bear, along with the final stage in Pasadena. It won’t drop south of Los Angeles this time, although it may come back to San Diego in the future.

Cycling Tips talks with LA pro cyclist Phil Gaimon about retirement and reinvention. Or you can hear Gaimon speak for himself on his weekly podcast.

Petaluma’s Alison Tetrick became a successful pro cyclist after trading one saddle for another.

The German-based Giant-Alpecin cycling team is looking for closure in civil and criminal cases against the 73-year old British driver who crashed head-on into six members of the team on a training ride last year.

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Local

A writer for the Guardian looks at three American cities addicted to cars and their efforts to kick the habit, including our own City of Angels. And goes for an informative ride with Streetsblog’s Joe Linton.

The LACBC offers their endorsements on the local measures on Tuesday’s ballot, along with a questionnaire from county commissioner candidate Janice Hahn. It says something about our local government that Hahn wants to step down from the US Congress to serve on the county board. And I’m not sure that it’s good.

KPCC’s AirTalk program examines five things you should know before voting on Measure M.

A bike rider standing on a Norwalk street corner pulled out a rifle and took several shots at a motorist who slowed down because he thought the man looked suspicious. Evidently, he was right.

 

State

Oceanside hosts a century ride this Saturday with the Bike the Coast/Taste the Coast Ride and Exposition.

San Diego’s eight-term Republican Congressman Darrel Issa campaigns by bicycle as he struggles to retain his seat.

The San Diego Bike Coalition is giving away free bike lights this afternoon in anticipation of the clock change this weekend.

Hesperia authorities are looking for a bike-riding man in a hockey mask who stabbed another man outside a convenience store.

The San Luis Obispo sheriff’s office is looking for unloved bicycles that can be refurbished and given to kids for the holiday’s. Thanks to Megan Lynch for the heads-up.

 

National

Outside Magazine sounds the death knell for the local bike shop, as they face increased competition from direct-to-consumer sales by bike makers. Although online dealers can’t set up your bike for you, and won’t be there for you when you need help down the road.

Evidently, a Portland driver thought repeatedly driving on a suspended license was funny, even after he killed an innocent bike rider.

A Seattle bike writer says plans for a new eight-lane waterfront roadway are too car-centric, despite having pedestrian and bicycle pathways.

A Colorado city is spending $30,000 to rip out bike lanes on one street, after spending $39,000 to paint them. All because confused drivers couldn’t figure out what to make of them.

The Guardian offers a photographic look at Detroit’s custom bicycles. Some of which almost stack up to LA’s own East Side Riders.

Bighearted Connecticut cops buy a 14-year old boy a new bike after his was stolen at gunpoint.

After years of complaints, New York asks bicyclists to report blocked bike lanes. Whether that will have any effect on the NYPD, which is among the city’s worst offenders, remains to be seen.

A road raging New Orleans-area cyclist faces charges for punching a woman in the face after she honked at him for swerving into his traffic lane. No matter what a driver may do, violence is never the answer. Period.

A Florida newspaper gets it, saying the death of a young cyclist should be a wakeup call for a community that too often gets caught up in debates over bike lanes, and misses the point that better-designed roads are safer for everyone. Actually, any traffic death, anywhere, should be a wakeup call, but seldom is.

Apparently, if you want to avoid jail time for a fatal hit-and-run, you just have to be old. An 89-year old Florida man got one year of house arrest for fleeing the scene after killing a man riding a bicycle; on the other hand, he won’t be able to legally drive again until he’s 99.

 

International

A travel website lists the Europe’s five most epic cycling climbs.

If you have wear hi-viz, at least it can look good.

Police in a British city insist they don’t have the manpower to investigate dangerously close passes, but do have the time to stop 450 law abiding bike riders to give them a safety chat.

A New Zealand bike rider gets 20 points against his driver’s license for riding through a stop sign, even though he doesn’t have one.

Life is cheap in Singapore, where a bus driver got a whole 15 days for carelessly killing an elderly bike rider. Meanwhile, a writer says the island city/state must do more to make bicycling a better alternative to driving. Like maybe stopping bus drivers from killing people.

 

Finally…

Stressing over KOMs can be harmful to your relationship. Who needs an engine when your car has pedals?

And yes, you can be a country music star and still wear spandex when you ride your bicycle.

 

Category: Bicycle Safety, Injuries and Fatalities, Morning Links / Tags: , , , , , ,

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

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

USC Crosswalk Sign

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Jim Pocrass, Pocrass & De Los Reyes LLP

Jim Pocrass, Pocrass & De Los Reyes LLP

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

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

Low Speed E-Bikes Given Bicycle Privileges

October 20, 2015 / / One comment
Bikes Have Rights™
By James L. Pocrass, Esq.
Pocrass & De Los Reyes LLP

 

On Oct. 7, 2015, Governor Jerry Brown signed Assembly Bill 1096 that gives two of the three classes of electric bikes the right to access bike paths and bike lanes. This is the first of its kind of legislation in the country, and it is a sign that e-bikes are coming of age.

AB 1096, which goes into effect Jan. 1, 2016, divides electric bikes into three classes:

  • Type 1: Pedal-assisted machines with a maximum assisted speed of 20 mph
  • Type 2: Throttle-assisted machines with a maximum assisted speed of 20 mph;
  • Type 3: Pedal-assisted bikes with a maximum assisted speed of 28 mph.

As of 2017, electric bike manufacturers must label e-bikes as a Type 1, 2, or 3. The infographic below by People for Bikes and the California Bicycle Coalition explains the policy more completely.

e-bike-graphic-trimmed

E-bikes are gaining in popularity, and not just with seniors, people with injuries or disabilities, families, and those who have particularly long or uphill commutes. These bikes are quickly going mainstream because they’re fun to ride and adaptable to various conditions.

Though AB 1096 permits various classes of e-bikes to ride in or on various bike paths and lanes (as indicated on the chart above), be aware of where e-bikes still may not be permitted to ride, unless specifically indicated in these areas:

  • Bike paths and roads that are not under federal or state vehicle codes (an example would be a bike path in a county park).
  • Natural surface paths in parks, like mountain bike trails, and open space areas.

Most importantly, counties, cities and other government entities still have the right to regulate e-bikes, just as they have the right to regulate bicycle usage with their domains.

Since we’re discussing e-bikes’ rights and responsibilities under the law, let’s go a little further. In 2001, the United States Congress passed Public Law 107-319. It stated that electric bicycles and tricycles that meet the definition of low-speed electric bicycles are regulated by the federal Consumer Product Safety Act versus mopeds and motorcycles that have the ability to exceed the speed of an electric bicycle. The latter are regulated by the Department of Transportation and the National Highway Traffic Safety Administration.

States then passed their own laws regulating e-bikes. In California, low-speed (up to 20 mph) e-bikes have all the rights and responsibilities of a motor vehicle, just as a bicycle does. E-bike riders do not need a driver’s license, license plate or insurance. You must be at least 16 years old to ride an e-bike, and if you are age 17 or younger, you must wear a bicycle helmet.

Now with AB 1096, you can ride an e-bike almost anywhere you can ride a bicycle. But remember, all the traffic laws – from stop signs to traffic signals and to phone and text use and from riding with traffic and having working brakes, handlebars, and lights on your bike – all apply to you on your e-bike.

There are a couple of potential legal issues that I see facing e-bike riders. The most important one in my mind is the issue of insurance. As I said, no insurance is required for an e-bike in California.

I have read online that dealers believe that if your e-bike is stolen, it is likely that your homeowner’s or rental insurance policy would cover the theft. They do suggest that you contact your insurance agent to confirm that.

My apprehension is whether your uninsured motorist insurance would cover you if you are in a collision and the driver of the motor vehicle is either uninsured or doesn’t have enough insurance to cover you if the collision results in serious injuries or a wrongful death. A cyclist riding a bicycle who has a collision is covered by his/her uninsured motorist insurance. Is a cyclist on an e-bike similarly covered?

This is a very important point, and it’s why we always recommend that a cyclist increase his/her uninsured motorist insurance as high as their insurance company will permit. It’s pennies on the dollar and if you’re in a collision, it could mean that you have a much easier time of restarting your life.

Your uninsured motorist insurance kicks in if the driver does not have insurance, if the driver does not have enough insurance to cover the damage he/she caused, or in the event of a hit and run when the driver is not found.

Does your uninsured motorist insurance cover you on an e-bike? I urge you to contact your insurance agency and ask. If they say “yes,” get it in writing!

It is also worth noting that regardless of what type of bike you are riding, it is illegal to ride under the influence of drugs and/or alcohol. Besides the obvious, I see a potential legal issue here also.

In 1985, California passed Vehicle Code 21200.5, which made cycling (or bicycling) under the influence a CUI rather than a DUI. A CUI is a misdemeanor and it will show up on your record as a conviction. It also carries a $250 fine but no jail time. If the individual is under 21, a CUI conviction can result in the suspension of the person’s driver’s license.

In my mind it is unclear whether riding a Type 1 or a Type 2 e-bike under the influence of drugs and/or alcohol would be categorized as a CUI or a DUI if you were stopped by law enforcement.

Cal. Veh. Code § 231, specifically defines a bicycle as a device upon which any person may ride, propelled exclusively by human power through a belt, chain, or gears, and having one of more wheels. It says that persons riding bicycles are subject to the provisions of this code (CUI) specified in Sections 21200 and 21200.5.

A moped rider who is under the influence is subject to the drunk driving laws (DUIs). This was decided in 1977 by the California Court of Appeal in People v. Jordan, 75 Cal. App.3d Supp.1. The court specifically stated that because it had a motor it did not fall under the CUI law.

There doesn’t seem to be any law on the books at this time that would remove Type 1 or Type 2 e-bikes from DUI law. My best advice would be to not test the law and to not ride under the influence of alcohol and/or drugs (illegal OR prescription drugs).

So the next time you see an e-bike in a bike lane, remember, it, too, has the right to be there.

 

Jim Pocrass, Pocrass & De Los Reyes LLP

Jim Pocrass, Pocrass & De Los Reyes LLP

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

 

 

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

Juries, Judges and Your Bike Crash

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

Jury box

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Jim Pocrass Trimmed

Jim Pocrass, Pocrass & De Los Reyes LLP

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

 

 

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

Why Attorneys Tell You To Never Admit Guilt

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

Pocrass Photo 6-15

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

 

 

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

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.

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