California’s “Idaho Stop” Bill Enters Pilot Program

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.

Seeking Justice from Bicycle Accidents Due to Road Hazards

When cyclists think of accidents, primarily they think of accidents involving other motorists. While this is the most common type of cycling accident, motorists that do not know how to share the road with cyclists aren’t the only cause. Often there can be not another car in sight, but an accident can still happen. In these cases, often it is road hazards that are to blame.

A “road hazard” is a broad term that can cover a lot of different incidents. However, most commonly a road hazard accident is typically caused by:

  • Potholes – Potholes are dangerous to all those on the road, but particularly so to the cyclist that is unaware of them. Holes caused by construction should be clearly labeled and marked off while potholes caused by long-term wear to a road can mean that those in charge of maintaining roadways are negligent.
  • Sewer Grates – In many cases, sewer grates are safe to ride over thanks to efforts to make them so. However, older sewer grates lack the crosshatch safety features, making it so the grates run in the direction of travel. This, as you can imagine, is an easy trap for cycling tires.
  • Rail Tracks – Rail tracks can be rough on motor vehicles and dangerous to cyclists as well. As rail tracks create uneven pavement, it can dramatically affect the balance of a cyclist or even trap the relatively thin tires of a bicycle. This danger becomes even worse if the tracks are poorly maintained.

Who is Responsible for Road Hazard Accidents?

When it comes to cycling accidents that were the fault of road hazards, often liability can be placed on many different parties depending on the unique facts of the case. Liable parties can include the state, county, city, or any public agency therein that is responsible for maintaining the roadways.

Unfortunately, unlike an accident with a motorist, liability can be difficult to assign in these cases. This is why it is crucial that you contact a lawyer as soon as possible. Cycling advocates like Gary Brustin will go over the unique factors of your case to make sure you get the justice that you deserve.

Cycling Safety This Winter

For many cyclists, at the first sign of snowflakes, they hang up their bike for the season and engage in some other mode of transport. However, they are missing out on one of the most fun riding experiences of life. While cycling in the snow is innately more dangerous, there are few more refreshing experiences than cycling in the snow. However, with road conditions worse and motorists still just as uninformed when it comes to sharing the road, there are a few more safety tips to consider.

You Have the Right to a Lane

The biggest issue with cycling in the snow is that bike paths are often left ignored by snow plows. Furthermore, they are often the first victims of snow bank build up as well. If you find your usual bike lane is clogged with snow, don’t be afraid to move into the lane. You have the right to the road just like any motorist and if the bike lane is too narrow or unusable, you are fully within your right to merge into traffic.

Take Turns Wider

Between the snow banks and slick conditions, taking turns on a dime with relative quickness is going to be pretty impossible. The key to riding safely in the winter is to go slow and take as much space as you need, particularly when it comes to taking turns. However, always do a shoulder check before wide turns to make sure there is not a motorist speeding up on you.

Don’t Be Afraid to Dismount

Riding in the winter for many cyclists means putting on winter tires more akin to mountain bikes. However, even with proper winter tires, areas of thick snow or heavy ice can be difficult to navigate. Yet, just because you are riding your bike doesn’t mean you should have to force yourself through. If the path is too treacherous, just get off and walk it for a spell.

For many areas of the United States, winter cycling is a big time for accidents. Between sheer lack of knowledge and the stress caused by snow, accidents are more likely. However, if you have been in an accident on your bicycle, contact us today so Gary Brustin can help get you the justice you deserve.

6 Tips for a Smoother and Safer Bike Ride

Bicycle riders should strive to keep their riding as smooth as possible. This will help improve your biking experience, and it will also keep you safe. Here are some tips for doing so.

Clean Your Bike

Dirt and dust will make your bike more creaky. Clean all parts of your bike regularly.

Oil Your Bike

Make sure your bike, especially the chain, is oiled and lubricated. This will provide a smoother ride.

Check Tire Pressure

Deflated tires will cause your ride to be more jerky. Make sure they are filled with the right amount of air before setting out.

Make Sure the Bike Fits

You also want to fit comfortably on your bike. Adjust the bike seat and the front handlebars so that you have a comfortable sitting position when riding.

Relax

To ride more smoothly, you should be in the right position as well. Exercising or biking regularly will help you stay fit and will make biking easier. If you need to take a break to restore your breath, do so. Take around some water or an energy drink with you, especially during the hot weather. During the cold weather, make sure to bundle up so that you do not freeze.

Avoid Sudden Moves

Always be alert and on the lookout. This will prevent the need for sudden moves on your part. Be on the lookout for obstacles and moving motorists or pedestrians. Keep your hands on the brakes at all times. Brake in advance; avoid sudden jerky braking moves.

If you ever get in a bicycle accident, contact us immediately for legal help.

3 Tips for Riding Your Bicycle Safely At Night

Planning on riding your bike at night? Bicycle night riding can be fun. It may be necessary if you use a bike as your primary source of transportation. However, there are more hazards at night. Here are some tips for riding your bicycle safely at night.

Ride In a Lit Area

Ride in a place where there is plenty of light whenever possible. If you know that there is a certain route that has more lighting, take it, even if it is slightly longer. More lighting will not only let you see your surroundings, obstacles, and pedestrians better, it will help drivers see you as well.

Stay Visible

Most bicycle accidents occur because the driver did not see the biker. The trick is to stay as visible as possible. At the very least, look into state and local laws about bicycle riding at night and comply with any rules regarding bike lights. However, it is always a good idea to do more. Use extra lights when necessary. Make sure that your bike has reflective areas, and that you are wearing reflective clothing as well.

Be Extra Vigilant

Because of the darkness, you have to be extra cautious when riding. First of all, this means to slow down. Do not ride as fast as you usually do during the daytime. You also have to be extremely alert so that you stay aware of your surroundings and are prepared for any sudden obstacles, pedestrians or motorists that appear in your path.

For more tips on riding your bicycle safely at night or if you ever get into a bike accident, contact us immediately for legal help.

City Cycling: Risky Accident-Prone Bicycle Maneuvers to Avoid

Riding on city streets often isn’t a simple relaxing roll down an empty country road. In fact, city cycling requires a lot of thought and multiple judgment calls per ride to assure that you and your bicycle arrive safely. This has opened up a lot of maneuvers that, while not strictly illegal, are not exactly safe either. If you want to get somewhere safely, here’s what to avoid.

Riding Through the Rain

No one wants to get wet, none more so than cyclists who don’t have the same waterproof shell of a car to protect them. If it starts letting loose, you may be in a hurry to ride home. Riding in the rain is risky enough business, but increasing speed can make it deadly. You are more prone to skidding, can’t stop as quickly, and visibility is lowered. If you have to ride through the rain because there is nowhere to stop, the safest thing to do is to actually reduce your speed, just like vehicles should.

Not Indicating Turns

If you have ever ridden behind a car, you know how utterly irritating it is when they change lanes or turn without their turn signal on. It is just as irritating for a cyclist to do the same, but it is also infinitely more dangerous to you. Turn signals and hand signals were put in place to make traffic more predictable. Unpredictability causes accidents, after all. Even those who don’t know how to share the road with a cyclist are likely to still give you at least a bit of caution if they know what you intend to do.

Sliding By Traffic

The nice thing about riding a bicycle is it is compact and maneuverable. This means you probably don’t think you can get stuck in a traffic jam since you can just slide on by the block of cars. This is dangerous, but not strictly illegal. You can be ticketed for passing on the right, but the real danger is getting doored. This is particularly prevalent in big taxi cities where customers caught in traffic often decide to just hoof it instead. The key here is to either wait with the rest or go very, very slowly to avoid any suddenly opening doors.

It is often these maneuvers that contribute to a lot of cycling accidents, but in some cases, legal action for your damages can still be sought. If you have been in a cycling accident and need representation, contact us today.

How Philadelphia’s Vision Zero Plan Intends to Help Cyclists

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.

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

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.

Visibility is Crucial for Bicycling Safety

Every veteran cyclist knows that when it comes to bicycle safety, one of the biggest key aspects is being able to be seen. It is a long-standing misconception that cars will always notice bicycles, but merely don’t know how to deal with them. While cars might not know how to share the road safely with cyclists, sometimes they just plain don’t spot us until it is too late.

Even if it is a sunny day or you are wearing fluorescent clothing at night, there are times when a car can’t spot you. Fluorescents don’t always show up well during night-time rides and the sun can blind drivers to cyclists in certain circumstances. In order to be better seen on the road, consider these tips.

  • Wear reflectors and mount them on your bike
  • Front and rear lights are recommended and should be set in the flashing position
  • Use hand signals well ahead of time so the following motorist will know what you will be doing
  • Keep at least one ear free of headphones so you know what is going on around you
  • Use your cycling lights during the day as well

Combining these visibility and awareness tips with your standard bicycling safety tips like always wearing a helmet will work to help prevent accidents with vehicles, but sadly it doesn’t completely stop them from happening. There is still a long way to go before most drivers know how to properly share the road with cyclists, and until then accidents will happen. If you have been in a cycling accident in the Los Angeles area, contact us today. The Law Office of Gary Brustin is dedicated to being an advocate for the rights of cyclists.

Illinois Passes New Law On How to Safely Pass Cyclists

Thanks to cycling advocacy groups throughout the state, Illinois will now have a new law for motorists that will not only help to improve cyclist safety but improves traffic flow as well. This law comes after years of motorist likely unknowingly breaking traffic laws or just putting cyclists in danger because they simply don’t know how to deal with a common occurrence – passing them.

Effective January 1st, not only will cyclists be permitted to use road shoulders instead of just the traffic lane, but motorists will also be able to pass them in no-passing zones. Passing cyclists has been an issue in almost every state. In most states, including Illinois, when a motorist approaches behind a cyclist in the traffic lane going much slower than the posted speed limit, most drivers are unsure of what to do. Do they violate the law and pass in a no passing zone? Do they try and pass them in the same lane anyway, putting the cyclist in danger? Hopefully, now they will know.

However, this new law is not without its stipulations. First and foremost, when passing any cyclist, whether they are in a traffic lane or move over to ride on the road shoulder, requires three feet of clearance between the car and the bicycle in order for drivers to pass them in any circumstances. However, in no passing zones, in order to legally cross over into the oncoming traffic lane, the cyclist must be going at least half of the posted speed limit.

While this will do wonders to help riders and drivers in Illinois safely share the road with each other, it is likely accidents will still happen. Not everyone hears of updated road rules after all. If you have been in a bicycle accident in the Los Angeles area, contact us today.

The Most Common Obstacles That Keep You Off Your Bike

There are a lot of reasons to take up cycling, but the major problem is that there are so many more reasons not to. If you want to take up cycling as a commuter or just for fun, knowing how to overcome common obstacles is crucial to keep doing it. If you hit one road bump, don’t give up, learn how to tackle it instead.

Challenges of Riding in Traffic

This is the major obstacle that bars people from ever trying to cycle in town. However, cars aren’t going away and if you really want to cycle, you need to learn to make nice. The key to overcoming the fear of riding with cars is to start small. Go around your neighborhood, plan trips with others in less crowded areas of town, and get plenty of tips on how to ride with traffic. There will always be risks, but the more comfortable you are, the more traffic you can deal with.

Flat Tires

This is the eternal worry for cyclists. They are riding around town and their tires get progressively flatter. In most cases, all your tire needs is a little air, and since they are so small, even a manual pump can do the job. Of course, if you run over something sharp, having a temporary patch kit on hand can be a lifesaver.

You Can’t Carry Stuff

If you think about the stuff you usually carry in your car – your lunch, a few papers for work, a water bottle – you realize you don’t really need the carrying capacity of a car except for the big stuff. Realize that most things can be carried in a backpack, or at most, a saddlebag.

Not Knowing How to Keep a Bike Safe

It is easier to steal a bike than a car, there is no doubt. However, if you get even a reasonably thick bike lock and know that you need to lock your bike up somewhere visible rather than secluded, you can be assured your bike probably isn’t going to get taken. The great thing about your bike is you can lock them up in some very public places and the public helps to guard them.

If you are ready to overcome these obstacles and go out on the road, know that accidents still might happen. However, if they do, contact us today to make sure you get the representation that you deserve.

Tips for New Cycling Commuters

You know what they say, the first step to making a change is to actually do it. While sharing the road with cars on a bicycle as well as the extra effort it takes to commute on a bicycle that actively engages your body puts many people off, if you have decided to take the leap, you have decided on a great life change. However, if you are preparing for your first bicycle commute or even your hundredth, you can benefit from a few tips.

Plan Ahead

Not every city is bicycle friendly everywhere you go. This is why it benefits many to plan ahead before getting on the road for a morning rush hour. If you can take a route with bike lanes, it will greatly increase your cycling confidence as well as your road safety, even if it adds a little distance to your commute. Break out those city maps and find a route that works for you.

Read Up on Traffic Laws

You know your traffic laws for cars, and they are very similar for bicycles. However, knowing to bike in the direction of traffic and that you still need to come to a complete stop at red lights in many states will help keep you safe. Not only this, but when you do get in a car, you will be more aware of cyclists and what they have to deal with, so it will help prevent accidents.

Know Hand Signals

Being a predictable cyclist makes everyone a little safer. If you have to turn or otherwise move, be sure to signal so everyone involved knows what you are doing. This includes both cars as well as other cyclists that may be around you.

Find a Riding Buddy

The best way for a new cyclist to learn is to learn from someone more experienced. With the widespread reach of social media, even small towns may have cyclist groups that you can join on the commute. This can help ease the transition from car to bike.

Practice

You never forget how to ride a bike, but if it has been awhile, you may forget how to ride a bike well. One of the most crucial things is to practice is your start from a dead stop. If you are wobbly, you need to work on it first before going out into traffic.

While these tips will help you start bicycling as a commuter, accidents might happen. However, cars have to share the road with cyclists. So if you have been in a bicycle accident and need representation, contact us today.