Dave Moulton

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Entries in Cycling Law (33)

Monday
Oct182010

If you ride a bike, check your auto insurance

If you ride a bike and own a car, and let’s face it most of us do, check your car insurance; that’s right your car insurance.

If you are hit by a car while on your bike and end up with $60,000 or more in medical bills, it will not help you if the driver at fault has only minimum legal coverage of say $25,000.

Worse yet he may have no insurance, or as is happening in more and more bicycle/car crashes, it is a hit and run. The driver leaves the scene and there is no one to make a claim against.

Most cyclists do not know that in most cases you can claim for expenses and compensation from your own insurance company, and if you are not at fault you are not penalized. However, this is only the case if you previously bought sufficient coverage on your own policy.

I was advised to do this a few years ago by an attorney friend of mine, and as a result I upped my underinsured and uninsured driver coverage to $250,000. It is advisable to carry at least $100,000 and up to $300,000. It may cost you $8.00 a month for the extra coverage, but the peace of mind it brings is worth it.

This advice was reiterated in a free book I just received called “The Utah Bicycle Accident Handbook.” As the title suggests it applies to the state of Utah, but much of the advice is good in most states.

The book also pointed out that I might consider Personal Injury Protection, or No Fault Coverage. This allows for my medical expenses to be covered immediately, instead of having to wait for the other party’s insurance to accept responsibility for the accident. If they do eventually accept responsibility my insurance company will seek reimbursement from the at fault insurer.

I had a serious bike accident a few years ago, and I was fortunate in that the person who caused the accident owned a business and had excellent auto insurance. There was also a witness who came forward, and I had an attorney who specialized in bicycle cases handle the claim.

I would advise anyone to do the same. An attorney will take a third of the final settlement, but they take no money up front, so it is in their interest to get the best settlement possible.

Insurance companies are in the business of paying out as little as possible, that is how they make a profit. In my case I would have had no idea what would have been a fair offer, or just how much they would have paid, but an experienced attorney has that knowledge and experience. 

The League of American Bicyclists has a list of attorneys who specialize in bicycle accidents 

 

                       

Thursday
Sep162010

Running stop signs

Here is something you don’t see too often; 25 cyclists on a recreational ride stopped and ticketed for running a stop sign. It happened on August 28th in Woodside, CA, in the San Francisco Bay Area.

I'll admit I roll through stop signs all the time, especially in quiet rural or residential areas where there is not another person or vehicle in sight.

However, I do not “Blow” through at 20 or 25 mph, I slow to a speed where I could stop if I had to, but I don’t see the point of unclipping and putting my foot to the ground if there is no one else there.

On the other hand, if there are other cars or pedestrians there at the same time, I will unclip and come to a complete stop. I do this out of common decency. If I go to a movie theater I don’t push to the front of the line, I wait my turn. Why should I behave any differently on my bike?

Red lights are a different matter for me; I will not roll though a red light whether there is someone there or not. If it is early in the morning and there is not another car in sight, and I could be waiting a long time for the light to change, I will probably then move on. But never without coming to a complete stop and waiting at least a short period of time.

Cyclists will always argue that drivers of automobiles roll though stop signs, and run red lights all the time, and that no motorist was ever killed by a cyclist. 

Motorists for the most part will do exactly the same as a cyclist at a stop sign; if there is no one there, roll through. But if there are others already stopped, usually most will stop and wait their turn.

The same with traffic lights, motorists will push the “Orange” light to the limit and often going through after it turns red. But you will rarely see a motorist pull up to a red light and on seeing no one coming, go on through.

There are of course exceptions to motorist’s behavior in both these scenarios, but what pisses off the average person is when they pass a cyclist, then at the next stop sign or traffic light, he rides past the line of waiting traffic and through the intersection without appearing to slow down. I view this kind of behavior as extreme rudeness.

There are any number of bad motorists out there, but please, do me and yourself a favor. Stop using that as an excuse for behaving badly. Pointing the finger at others and saying, "Well he did it too," is something we all should have left in kindergarten.

If you run every stop sign and red light regardless of the circumstances of other traffic waiting there, this is a pattern of behavior you might want to think about adjusting.

Maybe the riders in the Woodside group deserved a ticket, maybe not. But when cyclists just blow though a stop sign without appearing to slow, it just plain looks bad.

Many see cyclists as a bunch of arrogant, self-righteous pricks, keep doing this and you prove it beyond all doubt.

 

                         

Friday
Jul022010

Outrage and bringing about closure

Over 40,000 people are killed on US roads each year; people should be outraged, but they are not.

If these were yearly war casualties in Iraq or Afghanistan, people would be marching on our capital demanding an end to the war.

However, the average person is indifferent; these are just statistics, reported maybe once a year, and then forgotten.

There are over 4,000 pedestrians killed each year; again where is the outrage? These are just ordinary folks, going about their daily lives. Suddenly, they are mowed down while crossing the street, and they are gone. Outside their family and close circle of friends, no one really cares.

By comparison to these large numbers of casualties, there are around 700 cyclists killed each year on US roads, and cyclists as a group are outraged.

Cycling deaths being less common get reported more often, whereas every driver or pedestrian fatality does not. Riding a bicycle creates a common bond between strangers even. We recall our own experiences and near misses, and we realize, “This could be me.”

This was my feeling when I read this morning about Stan Miller, a 48 year old cyclist, run down and killed by a drunk driver. Sadly it takes a driver being drunk to be charged in such a case; where there is no alcohol involved often the driver walks free and no one held accountable.

After the article there are many comments in the form of tributes from people who knew Stan. Others express anger at the police and the system for allowing such crimes to go unpunished.

Then of course there is the inevitable “Cyclists shouldn’t be on the road,” comment from a member of Joe Public. Maybe the 4,000 plus pedestrians killed per year should stay on the sidewalk; they only get killed when they attempt to cross the street. Of course, comments like this only enrage us more.

I hope people who knew Stan Miller will channel their anger and frustration in a positive way. Write to the County Prosecutor and make sure this repeat drunk driver is held accountable. When this person comes to trial, show up in large numbers and sit quietly and respectfully in court.

This made a huge difference in the case of a Los Angeles doctor who went to trial for an act of road rage against cyclists. The large numbers of cyclists who showed up for that trial made an impact on the outcome.

Often when a cyclist is killed other cyclists use that incident to get laws changed. Just this week in New York State, a new safe passing law was enacted, dedicated to cycling advocate Merrill Cassell who was killed last November.

What better way to bring closure to the family and loved ones of a cycling victim, to either see someone held accountable for their death, of if that can’t happen then let it be the cause of positive change making it safer for others to ride their bikes.

Reading about Stan’s death saddens me, but it will not stop me from riding my bike. I cannot allow fear that some drunk or inattentive driver may run me down from behind, stop me from experiencing the joy and wellbeing that cycling gives me.

Somewhere today a motorist will die in his SUV, and a pedestrian will also die. Outside of those people’s family and friends, no one will give a shit.

I am both proud and grateful to belong to a small section of our society who care enough about each other that we are affected by the still relatively rare event that one of us is killed

 

                        

Monday
Jun282010

Mandatory Helmets: The Deeper Issue

I am troubled when educated and influential medical people call for the mandatory wearing of bike helmets.

Dr. Ian Gillespie (Right.) President, British Columbia Medical Association is making such a call as reported in the Vancouver Sun.

A man like Dr. Gillespie, because of his position, carries a lot of weight and before you know it, politicians are passing legislation to bring in mandatory helmet laws.

Don’t get me wrong, I wear a helmet and I think they are a good idea. However, my helmet is my last line of defense and my best chance of survival is to avoid an accident in the first place.

I do this by following the rules of the road. I stay alert at all times to potential hazards, and try to avoid mishaps before they occur.

Helmets should be encouraged, but not made mandatory. The moment you force people to wear a helmet, you stop a great many people from riding a bike.

At this time, in this economy, oil dependency, and with rampant obesity, we need more people riding bikes.

Mandatory helmet laws, give the impression that cycling is dangerous. There are far more pedestrians killed than cyclists, and moreover, most pedestrian deaths are from head injury.

The pedestrian is hit below the waist, his head either hits the windshield or some other part of the car; or he is flipped upside-down, thrown high in the air, and lands on the hard pavement, on his head.

There is no push from the medical profession to make helmets mandatory for pedestrians.

Would you want to be forced to wear a helmet while walking around town? Many people feel exactly the same way when forced to do so while riding a bike.

If a cyclist is involved in a serious accident, a head injury is only one of the ways he might be killed or seriously injured. For example, in Jarvis, Ontario, Canada, a 21 year old man was riding home from work on the sidewalk.

An SUV made a left turn into a parking lot and the cyclist ran head first into the passenger side window. The glass shattered, and the unfortunate young man cut a main artery in his neck, and bled to death within minutes.

The fact that he was not wearing a helmet was neither here nor there in this case; it was not a head injury that killed him.

None-the-less, this accident should not have happened. It was daylight; had the cyclist been on the road instead of the sidewalk, the driver of the SUV would have had a better chance of seeing him before turning.

The cyclist, lulled into a false sense of security that riding on the sidewalk gives, was probably oblivious to his surroundings and failed to notice the vehicle turning across his path.

The main problem I have with mandatory bike helmet use is that it detracts from the real issue; it is people driving motor vehicles that kill cyclists and pedestrians.

Over the last hundred years or more, safety legislation has been all about protecting the person in the automobile, giving the occupant such a sense of security that he/she drive their cars as if they are sitting on their living room sofa.

There needs to be a sense of responsibility brought back to driving a car, a looking out for your fellow man and woman; especially those more vulnerable, namely pedestrians and cyclists.

This is what Dr. Ian Gillespie should be pressing for, not mandatory helmets for cyclists.

Because when all is said and done, a little piece of foam polystyrene on a cyclists head will never solve the real issue of cycling death and injury. The one of auto drivers being allowed to drive as they please.

It’s a little bit like allowing everyone to go around firing guns, and then making bulit-proof vests mandatory

 

                        

Monday
Jan252010

Los Angeles: A step in the right direction

Los Angeles has a new police chief named Charlie Beck. (Left.) 

Just into his third month as chief, he has already met with community leaders promising to make "good policing and civil rights" the foundation of his LAPD legacy.

It was at one of these meetings Chief Beck was presented with a Cyclists' Bill of Rights and a challenge to put his leadership team to work towards making Los Angeles a better place for cyclists to ride.

As a result a LAPD Cycling Task Force has been formed headed by Commander David Doan. They recently met for a marathon session with representatives from various LA area cycling advocate groups.

These included, the Bike Writers Collective, illuminate LA, Sustainable Streets, Bikeside, the Voice, (a Bike Working Group) and the Los Angeles Bicycle Advisory Committee.

Commander Doan (Right.) convened the meeting saying, "The LAPD is committed to making our roadways safer for all commuters with an emphasis on our most vulnerable commuters, cyclists. We are committed to working with the cycling community to improve police cyclist interactions and to find ways to make our streets safer for everyone." 

One of the first orders of business will be the education of LAPD officers who patrol the streets and the LA public as a whole on the rights of cyclists on streets of Los Angeles. Better investigation of accidents involving cyclists, and also “crimes” against cyclists was called for.

When a motorist "asserts" himself against a cyclist, it is not a simple traffic violation or traffic collision, it is a crime. Crimes against cyclists need to be treated as real crimes, not as simple infractions that are simply part of everyday traffic in Los Angeles.

A hit-and-run motorist that leaves a cyclist behind needs to be pursued and prosecuted to the full extent of the law.

The recent Mandeville Canyon road rage incident that resulted in several felony convictions for Dr. Christopher Thompson wasn't the first reported incident for the doctor, it was the third, and it wasn't investigated as a crime until it got political. That must change.

On the civil rights issue - Cyclists riding alone and late at night sometimes find themselves in handcuffs while the LAPD check their information.

LAPD officers report that this is simply for the safety of the officers but critics call it "bias based policing" or "profiling" and that riding a bike should not be a cue for handcuffs.

Many of these cyclists ride for economic reasons; they are workers in low paying jobs simply riding to or from work. They may not have lights and may ride on the sidewalks late at night.

The opportunity here would be to have the LAPD pass out blinkie lights and a copy of the Cyclists' Rules of the Road rather than to assume that late-night cyclists are involved in crime.

This is a huge step in the right direction; when a major city like Los Angeles starts to take cycling seriously, then other municipalities are more likely to follow suit. You can read a complete and more detailed report here

 

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