Month: February 2017

The Idaho Stop – It may be a strange colloquialism to many, but for many more it is used to describe rolling through a stop sign instead of stopping fully. While many cyclists are guilty of engaging in an “Idaho Stop,” a new DePaul University study suggests it might actually be safer than coming to a full stop.

The term Idaho Stop comes from the change in Idaho cycling laws that changed the rules from cyclists, being one of the first states to deviate from the rules that govern motorists. A year after Idaho enacted different rules for cyclists including their rolling stop, injuries and cyclist accidents were down 14 percent.

While it is the law in Idaho, in other states, cyclists are still required to come to a full stop, but you are likely among the many law breakers that don’t. Rolling stops allow cyclists to get ahead of traffic and gain better visibility among the mass of cars. Instead of punishing cyclists that want those benefits even though it means breaking the laws, why not just change the laws? That is a question that many cities, like Chicago, are now asking themselves as the safety benefits of Idaho Stops come to light.

Have you been in an accident because the law requires you to make a full stop at red lights and stop signs? Were you hurt by the negligence of a motorist? We can help. The Law Office of Gary Brustin is dedicated to representing the rights of cyclists that were hurt doing what they love and just trying to get around.

In most bicycle accidents, the cause can be attributed to a handful of things. Among the top five are driver error, cyclist error, hazardous conditions, faulty equipment and medical emergency (e.g. sudden heart attack). However, as a Florida Today reporter pointed out earlier this year, animals may cause bicycle accidents too.

Accidents Involving Domestic Animals on the Run

The cause behind the reported accident was a box turtle but other animals have been known to get in the way of cyclists as well. FOX21 News reported on one such accident that occurred this past spring. That one involved an at-large canine. Our state does have dog leash laws meant to prevent bicycle accidents. But of course, it doesn’t address other stray animals or the occasional, wayward box turtle.

Current laws dictate that canines are not allowed to roam bicycle paths or other public areas without being on a leash and under control of their respective owners. So even if a dog was tied up before it broke free and caused a bicycle accident, it doesn’t matter. The owner may be responsible for costs associated with the accident, including the cyclists’ medical bills.

Wild Animals and Their Owners Aren’t Beyond Reproach

Leash laws are not the only animal related ones that may influence the outcome of bicycle accident cases. In some cases, strict liability laws commonly mentioned during civil jury instruction may apply (See Series 400 Negligence, Section 461). For instance, let’s assume that the box turtle was a pet. Although the person may have thought of the box turtle as a pet, chances are an argument could be made against that.

If deemed a wild animal by the court, the injured cyclist could potentially sue the person under the section of law we just mentioned. So you see, in our state, there is more to bicycle vs. animal related accidents than meets the eye. To learn more about domestic and wild animals’ possible impact on bicycle accidents in California, please contact the Law Office of Gary Brustin.

In previous months, we discussed bicycle laws across the country, including those that pertain to California. So we’re taking a moment this week to follow-up on what’s taking place in San Diego. You may have already heard but our neighbors have opted to adopt a Bicycle Advisory Committee. Its initial adoption and recent changes were covered by San Diego Tribune reporter, David Garrick, in late November.

Bike Helmets Off to San Diego

At the Law Office of Gary Brustin, we think that Bicycle Advisory Committees are a fine idea and applaud the City of San Diego’s cycling community for their efforts. And out admiration is not expressed in hollow words. We are active in a number of similar groups, including the Silicon Valley and California Bicycle Coalition. As such, we can fully appreciate what they, and other cycling enthusiasts, are doing to keep everyone protected.

New Advocates Are Always Welcome

In addition, we heartily encourage other cyclists to become involved with the Bicycle Advisory Committee’s efforts. As of now, all board positions appear to be filled but cyclists are always welcome to attend meetings and express their concerns to those holding the current posts. We’ve dug up information about how to contact them and determine their meeting schedules. You can find it here or by reaching out to city officials as needed.

Help Chart Courses That Matter to Cyclists

Although the group is based in San Diego, their efforts may eventually impact other areas within our state. So, it behooves cyclists from across the country to pay attention to their good work. Also, their efforts could quite possibly serve as a road map for other cyclists looking to form advisory committees in their own respective areas of the world. To learn more about these types of advocacy groups and how being a proactive cyclist may help us all in the long run, please contact the Law Office of Gary Brustin.

In late November 2016, biking magazines and bloggers started talking enthusiastically about a new invention currently being tested across the pond. It’s a cycling helmet. We know, cycling helmets aren’t new but this one is because of the materials used in its design. The creator went with something many in the cycling industry weren’t expecting, recycled paper.

Paper and Inflatable Products Generate Buzz

It comes on the heels of the 3D printing trend and other European initiatives to change the way cycling safety is done. Examples include a shift towards inflatable helmets and stronger bicycle frames. But are these new pieces of biking equipment really something we should all run out and buy? As a devoted cyclist and bicycling advocate, I’d like to urge caution.

Choosing Time-Tested Over Trendy

Many of these trendy items are largely untested. Therefore, it doesn’t make sense to trade in what works for something that may not keep us safe from both on and off-road hazards. Nonetheless, like other bikers, I enjoy keeping up with the trends along with the latest safety recalls. Speaking of which, there have been a few recalls as of late.

Year End Recalls Continue

Since we’re on the subject, among the most recent are bicycle helmets manufactured by SAHN and Schwinn. Interestingly, the SAHN helmets, like the paper ones we mentioned earlier, were tested using foreign standards. Consequently, they were pulled for not complying with our government’s industry regulations. As for the latter bike helmets, they were thought to have faulty strap and buckle assemblies.

Recourse May Be Possible

Remember, in cases where trendy or classic cycling helmets fail to do as intended, bikers may have legal recourse. Depending on the product, its origin and all pertinent facts, cyclists could sue the manufacturer as well as the designers or sellers. To learn more about changes in bicycle safety and how they may affect cyclists’ rights moving forward, please contact the Law Office of Gary Brustin today.