Bicycle News Archives - Page 2 of 2 - Gary Brustin

California’s “Idaho Stop” Bill Enters Pilot Program

Posted on March 9, 2018October 8, 2019 by Gary Brustin

The bipartisan bill presented to California that could bring the “Idaho Stop,” or the ability for cyclists to treat stop signs as yield signs have received a lot of attention. However, instead of trying to force the bill through or negotiating their way to a yes, for now, the authors have settled on another way to prove it is a good idea – a pilot program.

Now instead of allowing the Idaho Stop to be legal statewide, it will be rolled out in three cities in an effort to record the results and prove to naysayers of the bill that, yes, this is indeed a good idea. The two authors opted to pull the bill before the end of 2017 or risk it being killed altogether, which is where the idea for the pilot program was born.

While the three cities for the pilot program have not yet been announced, the two representatives authoring the bill were from San Francisco and Big Bear, making it likely that their jurisdictions will be chosen for the test. As of right now, many of the naysayers are from California’s bigger jurisdictions, noting that allowing the ability for cyclists to roll through stop signs would cause bedlam. However, this is simply not so, especially since other states have had great success implementing this law. Most recently, Delaware joined the ranks of the Idaho Stop and while it may not have cities quite as large as Los Angeles, for example, its urban thoroughfares have proven to be unchanged and even safer in some cases for both cars and cyclists.

What are your thoughts on the Idaho Stop coming to California? The Law Office of Gary Brustin knows that it might make the cyclist safer, but accidents will still happen. If you have been in an accident in California and need representation, contact us today.

State of Illinois To Allow Motorists to Pass Cyclists

Posted on March 1, 2018October 8, 2019 by Gary Brustin

According to the Chicago Tribune, bike laws will be changing in the state of Illinois just in time for the new year. House Bill 1784 goes into effect on January 1, 2018 and will allow a motorist to “overtake and pass to the left of a bicycle proceeding in the same direction on a portion of a highway designated as a no-passing zone.” At first glance, Illinois’ new legislation appears to ignore the safety of bicyclists in favor of reducing travel time for motorists.

However, according to TheXRadio, three circumstances must be present when a motorist can legally pass a cyclist under the new law; “(1) the bicycle is traveling at a speed of less than half of the posted speed limit; (2) the driver is able to overtake and pass the bicycle without exceeding the posted speed limit; and (3) there is sufficient distance to the left of the centerline.”

Additionally, Peoria Public Radio asserts that the new law, also known as P.A 100-0359, “clarifies that cyclists can ride on the shoulder of the road” and drivers must still adhere to Illinois’ current state law requiring motorists to maintain at least three feet between their vehicle and the bicycle when passing.

Extremely low temperatures and slippery road conditions illustrate what the roads of Illinois feel and look like during the Winter. Consequently, only the most avid cyclists who use their bicycle to get to their destination regardless of the weather or road conditions will be testing House Bill 1784 this winter. The majority of cyclists and motorists won’t feel the effects of the changes until March or April when most cyclists pull their bikes out of the garage for the first time this year.

The full consequences of the new law will not be felt until the summer when children and young kids are on break from school ride their bikes in their neighborhoods all day long. If you enjoy riding your bike on the shoulder of the road be extra careful this year. If you have any questions regarding the new law or if you ever find yourself injured contact us!

Who is Liable for Accidents on Poorly Maintained Bike Paths?

Posted on February 16, 2018October 8, 2019 by Gary Brustin

While many cities are making leaps and bounds in terms of becoming more cyclist-friendly, there are those who don’t put quite so much priority on it. Even then, cities that make efforts to add bicycle lanes often make the mistake of letting bike paths go unmaintained. The question is if people are getting into accidents on poorly maintained bike paths, who can be held liable?

Many cities across the U.S. have a sort of sweeping immunity when it comes biking, hiking, and other leisure paths. Since it is difficult to tame nature, these paths are often uncared for. This is understandable for simple dirt paths through the forest. But, what about for the paved bike paths that wind through the cities?

The Precedent

Recently, there was a case in Illinois where a rider was injured in an accident on a bike path. This was not some dirt pathway through the forest, but a paved path that went through an industrial area. After arguing the case all the way to the Supreme Court, it was decided that the blanket immunity the city claimed was only valid for primitive paths, and thus the municipality was to be held liable. This case can pave the way for others injured on bike paths in cities that do not take responsibility for maintaining them.

If you have been hurt on a poorly maintained bike path or bicycle lane, the city should bear that responsibility. If you wish to fight for your rights as a cyclist, contact us today.

How Philadelphia’s Vision Zero Plan Intends to Help Cyclists

Posted on December 14, 2017October 8, 2019 by Gary Brustin

The city of Brotherly Love has had a problem for quite some time – traffic-related accidents. The city suffers over 100 traffic-related fatalities a year, and for quite awhile now, no one has been doing anything about it. However, its new Vision Zero action plan intends to completely eliminate traffic fatalities by 2030.

While this action plan has quite a few key components, including reducing speed in the very specific zones that local residents know are responsible for the majority of fatalities, but one of the most important factors is returning power and safety to local cyclists.

Since 2012, the people responsible for the final decisions on all bike lanes in the city have not been the safety experts and engineers like in other cities, but the politicians of the city council. As bike lanes take away a lane of traffic to ensure the safety of cyclists, the construction of new bicycle lanes has dramatically slowed since 2012 while the cycling population has only increased.

What this new action plan intends to do is to return the power back to the engineers and prioritize bicycle lanes in the city’s high-crash concentration areas. This, combined with the proposed widespread public education campaign spells a brighter future for both the cyclists and the pedestrians of Philly that put themselves at risk every day stepping onto a street.

While Philadelphia’s Vision Zero Plan is an ambitious plan, even by 2030, accidents will still happen. They may not have as high of a fatality rate, but injuries will still occur. If you have been injured while riding your bicycle, contact us today to see what the Law Office of Gary Brustin can do for you.

Bicycling on Sidewalks

Posted on December 8, 2017October 8, 2019 by Gary Brustin

The San Diego Union Tribune recently reported that it is commonly thought that sidewalk bicycling is always illegal. In reality, however, only 4 cities in San Diego County – Escondido, Carlsbad, Vista, and National City – have forbidden bicycling on sidewalks.

In fact, looking nationwide, laws vary wildly on whether bicycling on sidewalks is allowed, prohibited, or completely unaddressed. Bicycle riding on the sidewalks is permitted in most areas of Chicago’s Highland Park. Minnesota law does not expressly prohibit bicycling riding on sidewalks, but it can be prohibited in business districts or by city ordinance.

In the absence of dedicated bicycle lanes, many riders report feeling safer when riding on the sidewalk instead of on a busy street. But while that might be the case, NPR notes that doing so puts pedestrians at an elevated risk of collision. According to local news, a woman in Escanaba, Michigan was injured as she walked out of a building and a cyclist that was riding on the sidewalk struck her. While an Escanaba town ordinance currently prohibits bicycles on the sidewalk, historically it has not been enforced.

Cyclists themselves are at a higher risk of being hit by cars pulling out of driveways or at crosswalks when they ride on sidewalks. In addition, obstructions on or damage to sidewalks can cause significant injuries. For example, one cyclist suffered spinal injury and lost teeth after he was launched 28 feet by a tree-damaged sidewalk.

If you prefer to ride on sidewalks, make sure you are allowed to there. And, as always, be cautious! If you find yourself with questions or injured and in need of representation, contact us!

The Story of Nako – Rear-Ended by the Car and Sued By the Driver

Posted on December 1, 2017October 8, 2019 by Gary Brustin

If you are well-versed in the cautionary tales of other cyclists, then you might already know the story of UCLA Ph.D. candidate Nako Nakatsuka. While many cycling accidents are horrifying, there is none more outrageous than her case.

In April 2014, Nako was riding her road bike from work when she was rear-ended by a speeding car. She was hit with such force that the front bumper of the car was caved in and her bike ended up all the way under the rear wheel of the car. Nako was left with serious damage to her body including a concussion, whiplash, and several severe lacerations to her body, but thankfully she lived. Yet, she wouldn’t know that her injuries weren’t going to be the worst part of this accident.

After the accident, instead of paying for her own extensive medical bills, the insurance company for the driver sent her bills for damage to the car. Not only did they want her to pay for the front bumper damage, for which they claimed she backed into, but they also claimed she smashed into the side of the car.

Now not only was Nako on the hook for her own medical bills, but she had to invest her own money into lawyer bills. What made Nako’s case so difficult? The one key factor that made this all happen was that the police officer at the scene of the crash failed to write a report. Had they written one, there would have been no case against Nako. Her bicycle was clearly under the rear tires, thus she definitely didn’t back into the car, and there was no way she could have hit it from the side either.

Nako’s story is horrible, but she was able to help raise the money she needed for lawyer fees and medical bills through a successful GoFundMe campaign and outpouring from the cyclist community. Her story should, however, be one of caution from now on. While cycling accidents often look very clear, it doesn’t mean the driver who is responsible will always take responsibility. Furthermore, if there is no police report to confirm the story, you could be held on the line for an extensive amount of damages.

If you have been in a cycling accident, contact us today. The Law Office of Gary Brustin is dedicated making sure injured cyclists get the justice they deserve.

Biking in Big Cities: PA/NJ Cyclists Receive Much Needed, Brotherly Love

Posted on November 3, 2017October 8, 2019 by Gary Brustin

Philadelphia may be more than 2,200 miles away from our law offices in California but no matter. Distance cannot stop the kinship we feel with those who think of biking as a way of life. Accordingly, we were pleased to read about what The Delaware River Port Authority is doing for fellow bikers who call the City of Brotherly Love and New Jersey their respective homes.

In case you missed it, they’re about to launch a cycling focused, construction project that may go a long way in preventing biking accidents on bridges. We’re excited for them and can’t wait to see what the proposed ramp will look like in 2019 when it’s expected to be open to the cycling public. In addition to preventing accidents, we sure it, as well as the revamped Circuit Trails, will make the area more pleasant for local and out-of-town bicycling enthusiasts alike.

Some may recall that California has had its own share of bridge-related, biking accidents. As a matter of fact, a high-profile one occurred earlier this year. It was so horrific, that it was covered by national media sources, including but not limited to the LA Times, GrindTV, SB Nation, and Esquire Magazine. Those affiliated with the Delaware River’s Port Authority are no doubt hoping their plans will help prevent similar occurrences and more from happening there.

But what about bicycle enthusiasts who don’t live anywhere near Pennsylvania or New Jersey? Will they see relief from bicycle accident related problems in the coming months too? In a word, the answer is, “Maybe.” As it stands now, Californians involved in bridge related, bicycle accidents must generally turn towards the court system for relief and that can be a tough road to travel without legal representation. To learn more about what people and their bicycle lawyers are doing in our state about that, please contact Attorney Gary Brustin today.

In Montana, Bicycle Laws Could Limit Cyclists to Roads With Wide Shoulders Only

Posted on September 8, 2017October 8, 2019 by Gary Brustin

As cyclists, we crave that wide shoulder of a road. Smooth asphalt makes our tires sing as we share space with our fellow drivers. We know how short and sweet those wide, open shoulders can be, and that shoulder is usually gone before we know it. Given that roads weren’t exactly created for cyclists, we won’t argue with a 2-lane highway, especially if it winds through those sweet mountain views. However, politicians in Montana have proposed a bill that would ban cyclist from riding on roads with little to no shoulder.

In this unprecedented bill proposal, proponents of the ban have created a clear message that safe motor-vehicle skills are not the prerogative. Rather than work towards safer roads for cyclists, ignoring bike path creation altogether and refusing to implement cycling safety overviews to new drivers, this bill favors impatient drivers. Even though the bill’s life span ended in late April of this year, we can’t help but be disappointed in the priorities set forth in this proposal in Montana.

We Need to Support Cyclists

It’s obvious that “Share the Road” messages are not enough for motor vehicles and bicycles to coexist on 2-lane roads, especially when legislation like this arises. We need supporters who listen, advocate and have first-hand experiences with road cycling when cyclists’ needs fall on deaf ears. Drivers need to cycle, and cyclists need to drive in order for a grassroots understanding to unfold. And when accidents happen, we need advocates to fight for our cyclists out on those narrow, 2-lane highways.

How to Ride Safely Around Pedestrians

Posted on August 3, 2017October 8, 2019 by Gary Brustin

For the majority of commuting cyclists, motor vehicles are the real danger. However, there are many times where cyclists are put at odds with pedestrians as well. While a crash with a pedestrian isn’t quite as dramatic, unlike with an automobile, both the cyclist and the pedestrian can get injured pretty badly. This is why it is important to know how to ride around pedestrians safely.

In many states, it is illegal to ride your bicycle on sidewalks, but even where it is allowed, it is not advised. Even when riding through the door zone, you are not quite exposed to hazards as frequently as you are on the side walk.

However, there are times when riding around pedestrians is unavoidable. Typically, the key is to go slowly while still being able to ride efficiently, and if you need to go by a pedestrian, ride behind them, not in front. When shocked suddenly, it is our first instinct to jump forward. This means if you jet out in front of a pedestrian, they may accidentally end up in your path. By going behind them, they will safely put themselves out of your path. So even if you are moving at a decent speed, there is less of a chance that you will hit a pedestrian if you move behind them.

Even if you are the master student of bicycle safety, accidents happen. It is just the very nature of the world. So even if you ride around pedestrians frequently and think you know everything about staying safe, you will probably get into an accident one day. However, if you need legal representation for your accident, contact us. The Law Office of Gary Brustin is dedicated to representing cyclists.

New Ohio Cycling Law Regarding Red Lights

Posted on July 27, 2017October 8, 2019 by Gary Brustin

Ohio is one of the most unsuspecting states to be bicycle friendly, but with more riders taking to the road in their largest cities like Cleveland and Cincinnati, the state’s government has been forced to take notice. This has led to a slew of new cycling friendly laws including this latest one that allows cyclists to still get around despite aging infrastructure.

The problem on many city streets in Ohio is that bicycles often have a problem triggering a light change at the detector. This means that a cyclist and the cars behind them could be forced to wait until a car in the other lane triggers the change. However, with the new law, cyclists can now bypass this.

The new cycling law states that in the event of this situation if the cyclist is able to check that both directions are clear, they can ride through a red light. However, cars will still have to wait unless there is a clear malfunction with the light. This law was so desperately needed that Governor John Kasich attached an emergency clause so it went into effect right away.

Attached to the bill, was another new motor vehicle and cycling law that required motorists to give at least three feet of passing space between their vehicle and a bicycle, joining more than a dozen states that already have similar laws.

While this is great news for riders in Ohio, accidents are still bound to happen. No matter how safe a state makes it for cyclists, uninformed motorists will still be a danger. If you were hurt in a bicycle accident and need legal representation, contact us today.

Three Skills to Master Before Road Cycling

Posted on May 11, 2017October 8, 2019 by Gary Brustin

There is a reason that you hear about bicycling accidents in the city so often. It is because road cycling is one of the most dangerous things a cyclist can do. The honest truth is that very few drivers know how to deal with sharing the road with a cyclist, and it is that lack of knowledge that gets cyclists hurt. While drivers should work to educate themselves, so, too, must cyclists work to prevent accidents. Before even getting on the road, you should be a master of these three skills.

Riding a Straight Line

It sounds like common sense, but we have all had to ride behind that sloppy and unpredictable cyclist at some point. You don’t want to bethe cyclist in the bike lane that is weaving all over the place not only because it can weave you into traffic, but it puts other cyclists at risk of hitting you.

Looking Back Without Curving

You know how sometimes when you look back your entire bike moves with you? Well, when you are one slight swerve from being in front of a car, you definitely can’t let that happen. It requires some practice, but you need to know how to observe your surroundings without causing your bike to veer in any direction.

Control Speed

It is easy (and super fun) to pick up speed on a bicycle, but when you are riding a busy road, you need to focus on being able to stop quickly and safely avoid any obstacles. You better believe you will have something unexpected happen almost every time you get out there, too.

Have you been in a bicycle accident and need to make sure your rights are represented? Contact a California bicycle accident lawyer today, we fight for the rights of cyclists.

Will Extending Green Lights Help Cyclists?

Posted on June 28, 2018October 8, 2019 by Gary Brustin

The Rise in Cycling

In Cedar Park, a town in Texas, local lawmakers are considering extending green light times on several heavily cycled roads in order to make it easier for their booming community of cyclists. Over the years, Cedar Park, and indeed many towns across the United States, have seen a dramatic rise in cyclists due to this mode of transportation being a cheaper option, better for the environment, and with a myriad of health benefits.

However, while many communities have made laws to protect cyclists, extending green light times in Cedar Park would be one of the newer law innovations made cater in cyclists. Yet, the question stands, how does extending green light times help?

This particular innovation proposes that at three of the city’s more popular cycling roads they install detection technology so that when bikes are present, the green lights are longer. In effect, this gives cyclists a longer time to cross the intersection since it does take a cyclist longer to start after they have come to a dead stop than your standard motor vehicle.

Safety

For advocates of the new installations, they say there is a safety and comfort factor in play. Cyclists often try to rush through an intersection because no one likes to feel like they are holding up traffic while they get going. Furthermore, there will always be drivers that want to rush off from a light the second it changes. They may not realize that a bike is going slower than they anticipate at these junctions.

Not only will this installation be more comfortable and likely safer for cyclists, but it hopes to attract even more new riders to the road as well. For novice road cyclists, often crossing the intersections is the most stressful part, and this will help ease the strain.

While this is a great way to address growing cycling communities in Cedar Park, Texas, accidents will still probably happen. If you were a cyclist hurt in an accident due to the fault of another, you deserve compensation. Contact us today to see what the Law Office of Gary Brustin can do for you.