Is Your City Bikeable?

If you ride in your city, you may think it has pretty decent bikeability. After all, you get around alright. However, not every city that people ride their bike in is considered bikeable. In fact, the National Highway Traffic Safety Administration has a checklist for local riders to access the bikeability of their town.

This checklist covers items like whether or not lights register for bikes, if drivers behave appropriately around bikes, and even the basics of whether or not there are bike paths to ride on. This can help riders access the true bikeability of any local area. Furthermore, it also works to point out problems that we might not have really taken stock in, such as a lack of really safe places to secure a bike or too many scary dogs that harass riders.

Making Your City More Bikeable

Unfortunately, your local area, like many, will probably score pretty low. The good news is that the checklist can be a good way for local cyclists to identify and address problems. The checklist even adds on ways that you can foster healthy change in your community.

Yet, even by knowing what you need to change, it can be difficult to foster healthy change, especially by yourself. If you are an avid bike rider in your town, you may want to find, or even start, a group of like-minded individuals that can help show your local government that, yes, there are cyclists in your city and they want a safe and friendly place to ride.

Unfortunately, even if you are able to make a positive change in your community, change often comes slowly. Until less bikeable cities become better, they pose a risk for those that do ride the roads. If you have been injured while riding, contact us today. The Law Office of Gary Brustin is dedicated to representing the rights of injured riders, and we want to help you get the compensation that you deserve.

What Happens If a Bicycle Accident is Caused By a Recalled Part?

Unlike automobiles, bicycles use significantly less parts to function. This cuts down on the likelihood that a part will be faulty, but a single faulty part in a bicycle can cause the same danger as a faulty part in a car. This is why bike owners need to take the same care when a part is recalled. Every single part is designed to function together, and if one malfunctions, it can cause a devastating bicycle accident.

Recalled Parts

If a part on your bicycle has been recalled, the manufacturer has the duty to inform the owner, who then has a duty to replace that part. However, we tend to let things go. If a part malfunctions and may have been the cause for your bicycle accident, what do you do?

The answer boils down to whether or not you were informed that a part had been recalled. If you never received a recall notice and discovered a faulty part caused your accident, you may be able to receive compensation from the manufacturer. However, if you did receive a recall notice and failed to take action, then this removes that manufacturer from liability.

Bicycle Accident

If you were involved in an accident with another driver as well, it a combination of their fault and a faulty part caused it, you may be able to pursue compensation from both or even either. In truth, if the driver was at fault, it would be easier to pursue a case against them as manufacturer typically take many steps to protect themselves and cases can take time.

If you have been injured while riding, whether it was due to a faulty part or another driver that didn’t know how to share the road, contact us today. The Law Office of Gary Brustin is dedicated to helping injured cyclists get the compensation that they need for devastating accidents.

 

10 Safety Tips for Rural and Suburban Road Cycling

Whether cycling for fitness or just for enjoyment on a nice day, road cycling can be fun and rewarding, but sharing the road with automobiles is not risk-free. The following ten safety tips, while applicable for urban commuting or riding as well, are specifically geared toward rural and suburban road riding, where the benefits of reduced congestion can correlate with the dangers of less attentive drivers. 

1. Claim Your Lane

Recognizing the danger that passing automobiles can pose, many road riders move as far right as the road allows. Most of us are now familiar with bike lanes which are generally located on the right shoulder. All this points to treating the white line and the shoulder as the place to be on your road bike, right? Wrong! The key is visibility. “Claim your lane” means when riding on an empty road you should be LEFT of the white line, in the lane of traffic.

Doing this accomplishes two things: 1) you greatly increase the chance that an approaching driver will see you because you are more in their line of sight, where they expect things to be; and 2) you put that driver in a position in which the oncoming lane has to be clear to allow them to pass or they’ll have to wait until it is. Imagine yourself all the way right on the shoulder as a car (or a big rig!) approaches from behind. Not only is that driver less likely to notice you all the way over there, but assuming they do, they may decide that there is enough room to get around you with cars approaching from the opposite direction. Maybe (hopefully) they’re right, but suppose they realize part way through this maneuver that there isn’t enough space. Would we expect them to swerve left into oncoming traffic, or right into the much smaller and slower cyclists?

Claim your lane until you have strong evidence that relevant motorists are aware of your presence (such as them slowing dramatically as they await a chance to pass). Once you’re confident they know you’re there, you can then use your discretion in moving right to make passing easier, but make sure not to invite them to try and pass with oncoming traffic. Claim your lane thoroughly at all intersections, just as motorists do. If there is a line of cars at a stop sign, cue up just like another car. 

2. Have a Mirror

The most dangerous motorist is the one approaching you from behind that doesn’t see you, so better you see them. Mirrors are made to be mounted on your helmet, your glasses or your handlebars. They are fairly inexpensive and can be purchased at most bike stores or from countless online vendors. You’re out there to enjoy the ride and maybe work on form and fitness. The peace of mind derived from being aware of what is approaching from behind by just moving your eyes a slight bit, without breaking stride or changing posture, is priceless.

3. Wear Highly Visible Clothing 

Again, the key is visibility. If a driver never sees you, how can they avoid hitting you? The most critical article is your outer torso layer. Bright colors are a must, with safety orange or yellow being the best. If you don’t want to buy separate sleeveless, short-sleeve, long-sleeve, and cold weather bright tops, you can get a brightly colored lightweight vest to go over whatever you’re wearing to best meet the conditions. 

4. Obey Traffic Laws

Bicycles are subject to the same traffic laws that govern automobiles on public roadways (with few exceptions such as being prohibited from limited access highways, and some jurisdictions establish additional bicycling regulations). So, stop at all stop signs and red lights, make left turns from the left turn lane (and signal your turn), stay right of the center line, follow posted speed limits, etc. If you can get your bike going faster than the limit, you could be cited for speeding. Cyclists are not permitted to use crosswalks or sidewalks any more than are motorists. (A person walking a bicycle is not a cyclist; they are a pedestrian.)

5. Use (Safety) Equipment Properly

Safety dictates and the law requires that bicycles operated on public roadways have reflectors (red on the rear, white on the front). If your bicycle somehow came without these (or the more likely, you were too “cool” to leave them on there), you can get them from any bike dealer. They are inexpensive and very easy to install. Or, if you want to be even more visible and don’t mind paying a little for it, there are many electric lights (with different power source options available) that can easily be mounted in place of the rear and/or front reflector. AND ALWAYS WEAR A HELMET! We’re trying to avoid getting hit or hitting the ground here, but were the worst to happen, protecting that brain is priority number one. In addition, check your equipment before heading out, paying particular attention to brakes and tire condition. Dry-rotted tires can blow out and tend to do so when subjected to greater forces such as high speeds, sharp turning, and heavy braking (in other words, at the worst possible times). 

6. Be Prepared and Provisioned

Contingencies have a way of presenting at the least opportune times, so best to be prepared. In preparing for a road ride of any length make sure you have the following with you: ample fluids and calories to last the trip (and then some, just in case things run long), basic bike tool set or multi-tool, tube repair kit (and/or a spare tube) and a pump, cash money and a credit card, identification/driver’s license, and a cellular phone. 

7. Know Your Route/Roads

Plan your route ahead of time, considering both how far you want to ride as well as the quality and expected traffic levels of the roads along your route. Obviously, when possible you want to avoid heavily traveled roads and congested areas, generally avoiding U.S. and state routes (depending on how rural the location). Roads with lower speed limits are often safer. Map your route exactly and if you’re not completely familiar with the route, consider taking with you written directions or a map (especially if you can’t rely on having cellular service for the duration of the ride).

8. Practice Safety in Numbers

Aside from all the other reasons friends can make us safer, on road rides the more bodies the more visible the whole group. (So I guess maybe they don’t even have to be friends at the start of the ride.) If you don’t have a group with whom to ride, most bike shops organize regular group road rides or at least can direct you to community groups that do. And if (most) everyone has a mirror there can be constant communication about all the cars approaching from both the front and rear.

9. Know the Weather

Nobody likes riding in inclement weather and numerous hazardous conditions can be introduced such as slick roads, reduced visibility, and high winds. Check the forecast for the entire area and period of your intended ride (and then some, again, in case things run long). Not only are you looking to avoid inclement weather (especially precipitation), but check the winds and route accordingly. Strong headwinds can greatly reduce efficiency and make those last miles really drag on. If you choose to ride in significant wind, when possible, ride out into the wind so that your return trip can be assisted by a tailwind.

There’s not much worse than riding out for half of your allotted time to find as you turn to head home that you’re going to be fighting a headwind the entire way, thereby ensuring you won’t be making it home on time.   

10. Know Your Limits

When planning your route, make sure what your getting into is well within your strength and stamina limits. Don’t even push up to those limits, as there is no way to control for everything. An unexpected detour or a sudden shift in wind direction or speed can add significant time to your ride; best to have something left in the tank at the end of the ride as opposed to bonking with ten miles left.

These safety tips are listed in order of priority but are not meant to be all-inclusive. Rather, they address issues specific to road riding in rural and suburban environments and, as such, deliberately leave out more general cycling safety concerns such as proper bike fit and pre-ride stretching. For more safety tips or (worst case scenario) legal advice in the event of injuries resulting from a cycling accident, please contact the Law Office of Gary Brustin.

Fix-it-Tickets: New Bicycle Helmet Law

New California Law

California Highway Patrol has always been advocates for the safety of all forms of transportation, for all ages. Yet, they are now making efforts to increase the safety for children. While those of any age should be riding safely, there is a new law designated for those under the age of 18. This new California law (AB-3077) provides all law enforcement with the ability to write a “fix-it-ticket” to those under 18 who doesn’t wear a helmet while riding a bicycle, skateboard or skates. 

Fix-it-Tickets

The fix-it-tickets designed to encourage minors and their guardians to get a safety helmet – within a reasonable amount of time. “Fix-it-tickets” are unique because they are arranged to be correctable. This “fix-it-ticket” is correctable if the minor gets a helmet and completes a bicycle safety course within 120 days of that ticket being issued. The violation of this is an infraction punishable with a fine of up to $25. This does also fall onto the parent or legal guardian of the minor. This provision is jointly liable. 

The helmet must be within safety standards meaning it is the correct size for the child’s age and head size. It should fit snug to provide safety in the occurrence of a fall or other accident. Bicycle safety courses that can be completed are very informative about bike safety for all ages. 

Bicycle Safety

When laws like this arise, it is only done for the protection of the minor. These laws work to keep everyone safe on the road together. Often times kids (and adults too) might not feel a helmet is necessary. Helmets protect from traumatic brain injury during an accident. Serious brain injury can occur even when traveling at low speeds. Along with increased safety, there is another positive note about laws like this arising – Highway Patrol and other law enforcement agencies are recognizing the significance of all forms of transportation. 

Feel free to contact The Bicycle Lawyer about California laws and bicycling.