As bike riders, we understand the unique issues facing cyclists, especially when riding in busy urban areas. The personal injury attorneys at Rahman Law PC are knowledgeable about the special laws for bicyclists.
At Rahman Law, we want to support the use of bicycles and advocate fiercely for pedestrian and cyclist safety. Better regulations are a part of that safety. e-Bikes are new and therefore lack a solid foundation of safety regulations just yet. Unfortunately, this places minors at risk for fatal injuries due to reaching speeds that shouldn’t be accessible to them on an e-bike because while laws differ widely in different states, counties, and cities regarding e-bikes, what doesn’t differ is the universal law that speed kills.
When we look at automotive collisions with pedestrians and cyclists, we know that the risk of serious injury to a pedestrian doubles between 16 MPH and 23 MPH. Similarly, a pedestrian in a collision with a vehicle has a 10% chance of being fatally injured at 20 MPH but a 40% chance at 30 MPH. Even worse, the risk jumps to 80% at 40 MPH. With an e-bike, the rate of increase in severity of injuries is thought to follow a similar rate of increase, though studies are still in progress.
e-Bikes that may be used by minors under the age of 16 typically have a requirement not to go above 20 MPH and manufacturers largely comply with that. These are considered Class 1 and Class 2 e-bikes. But teenagers are smart. Some e-bikes only put a speed regulation on the motor, so as soon as you pedal with the motor, you can go faster. Other e-bikes have a governor, but cutting a cable might disable it easily. There are also apps out there to help navigate around the speed limitations put on by a manufacturer. Apps are easy to use.
Many cities are creating educational campaigns to help teach parents about the risks of e-bikes for minors and of going too fast on an e-bike in general. We don’t let minors under the age of 16 drive cars capable of going at high speeds for good reason. Allowing minors to go 20+ MPH on an e-bike (which can be categorized as a ‘motor vehicle’ depending on motor size and laws in your area) poses huge risks to the rider and the public. Law enforcement may be at a disadvantage in enforcing speed laws for e-bikes when it can be hard to determine the age of a cyclist, so this is something parents must be aware of before another e-bike fatality happens to a minor.
If you have a teenager who rides an e-bike (or even rents one periodically), be sure they understand the need for safety. The includes wearing a helmet, riding at safe speeds, and staying off of the sidewalks.
If you want to do more for your community to advocate for e-bike safety, subscribe to a non-profit doing work to bring about better regulations for e-bike safety for minors and all riders, like PeopleForBikes. Part of the battle we face in advocating for e-bike safety is that bikes are regulated by the Consumer Product Safety Commission, but motor vehicles are regulated by the NHTSA and e-bikes fall into a gray area where they might be one or the other. The oversight of e-bikes is currently under review by both of these agencies which makes now a great time to make your voice heard. E-Bikes offer more people the opportunity to ride who may not be physically capable of riding a traditional pedal-powered bike, but safety for the rider and the community around them needs to come first.
In California, someone riding a bicycle may move out of the bicycle lane when “reasonably necessary” to avoid hazardous conditions, even if they are moving slower than traffic (Cal. Veh. Code § 21208). When vehicle traffic is heavy and few pedestrians are in sight, it might be tempting to ride on the sidewalk to avoid road hazards, but as personal injury attorneys here in California, we want to share a few thoughts about riding a bike on the sidewalk. Ask yourself if it’s really safe to ride a bike on the sidewalk? Or, for that matter, if its even legal where you are?
Safety Considerations
Too often, cyclists are hit and killed by vehicles and California is in the top three states for pedestrian and cyclist fatalities due to collisions. Speed is often a contributing factor, but most fatalities from a collision involving a cyclist occur in urban areas. The reality is that many cyclists are not seen by drivers until it is too late. Riding on a sidewalk where the driver of a vehicle isn’t expecting you may mean they are not looking for you. If a car is backing out of a driveway, they might be looking for coming traffic on the road without looking for a bike coming down the sidewalk. Trucks coming in and out of alleys making deliveries are also a high-risk factor for a cyclist on a sidewalk as the buildings along the alley may block their view of you on the sidewalk. Being seen is vital for cyclists. Nearly 25% of bicyclist fatalities in California happen at intersections.
Additionally, sidewalks don’t have the same advantages of maneuverability as the roadways. Even if there’s a bike lane, a cyclist can enter the vehicle travel lane(s) as needed to avoid hazards. Trees and landscaping, uneven surfaces, benches, mailboxes, and other things take up a lot of real estate on the sidewalk, and can create unexpected obstacles with little room to avoid them.
Pedestrians also don’t anticipate faster moving bicycles or scooters and combined with the limited space a sidewalk provides can lead to devastating collisions with those on foot.
Legal Considerations
Local governments in California are allowed to make their own regulations when it comes to the use of bikes, skates, and scooters on sidewalks. For example, in San Francisco, children under the age of 13 may ride a bike on the sidewalk (unless otherwise posted) per the San Francisco Transportation Code, Section 1007. In San Luis Obispo, California, the Municipal Code Section 10.72.100 restricts all people from riding a bike on the sidewalk. However, the City of San Luis Obispo has re-opened discussions within the Active Transportation Committee on allowing bikes to ride on the sidewalk, believing ticketing cyclists for riding on the sidewalk to be a deterrent from riding as a way of commuting. San Luis Obispo has set a goal of raising the share of commuter trips by bike to 20% by the year 2030 and is actively implementing new safety measures and bike lanes for that purpose. San Francisco is also working diligently to make the streets safer for cyclists. As a result, it would be best to keep an eye on the regulations and policies in these and other cities in California for the legal implications of riding a bike on the sidewalk.
Children Riding Bikes on the Sidewalk
Many children learn to ride a bike on two wheels in a driveway or residential area with minimal vehicle traffic. They will also likely have parental/guardian supervision while learning to balance and pedal. As children become more comfortable riding on their own, they may be hesitant to ride in the street, which is understandable as cars are much bigger and faster than a child on a bike. In some areas in California, like San Francisco, it may be legal for a child to ride their bike on the sidewalk, but the same safety considerations that we outlined above apply to children, too. Even in a residential area, there will be cars going in and out of driveways. Parked cars, trees, and other objects may limit the visibility of the sidewalk to a driver as they navigate a driveway and children can be even harder to see as they are not as tall on a bicycle as an adult. And keep in mind, most fatal collisions with a bicycle happen between 6:00 and 9:00 PM, which may be when people are returning home from work and children may be out riding in their neighborhood. Children may also be tempted to use the sidewalk when the commute on a bike going to and from school as they may think the route is safer or more familiar, but they will then face the same challenges as an adult riding a bike on the sidewalk with limited maneuverability, reduced visibility at intersections, and increased hazards.
Sadly, children under 14 make up 37% of all fatal bicycle collisions each year and one of the hardest things we ever have to do as bicycle accident attorneys is represent the family of a child who lost their life while riding a bike.
Be sure to talk to your children about the safety considerations of where they ride, even if it is legal in your area for them to use the sidewalk on a bike.
If you or a loved one has been injured while riding a bike, contact us today for a free consultation.
We take our work in the bike community seriously and we are always here to talk to cyclists and answer questions about what to do if you’ve been injured or had your bicycle damaged in a car crash. Sometimes, we just help cyclists navigate a claim on their own with an insurance company (you can download our free toolkit to help you with your property damage demand to get the insurance company to pay for your bike here), but sometimes having a lawyer in your corner is the best option. Here are answers to some of the questions we get asked most often.
Is there a statute of limitations on a personal injury lawsuit?
Yes. Generally, in California, you have two years from the date you were injured to file a lawsuit. However, there are some types of personal injury cases like those involving public buses (MUNI or SamTrans), trains, or other transit (BART) that have much shorter deadline to file a lawsuit, and require a claim to be filed first within 6 months of an injury, before a lawsuit can be filed. If you’ve been in a bike crash it can give you piece of mind to call us as soon as you can to get the information that applies to your specific facts.
Should I get a police report if I’m hit by a car?
In an ideal world, police officers will automatically prepare a police report in every traffic collision. Sadly, it is not a perfect world. If police are sent to the scene of a collision and are told no one was injured, most officers will not do a report. If the call to 911 says no one was injured, the police will usually not be sent to the scene either. Understandably, cyclists just hit by a vehicle are often in shock and do not understand if they are actually injured. It’s important to try to take a moment to assess not only if you feel pain but if you just don’t feel right, you should request an ambulance. If the police won’t do a report, if possible to gather as much information as possible at the scene like names of witnesses, the license plate number of the vehicle that hit you, the name of the driver and insurance information. If you’re able pull out your phone and snap a quick picture of their insurance card and driver’s registration as these two documents will have a lot of the information you need You can also go to the nearest police department and file a counter report.
Can I recover lost wages?
Yes. If you missed work as a result of your injury, even just the day of the accident, it is possible to recover lost wages. This is actually quite common in a bicycle accident resulting in an injury. There may be time spent in a hospital, time recovering at home, or frequent doctor visits that force you to step away from work. Be sure to keep track of the hours you miss as a result of your injury.
Can I recover medical expenses?
Yes. If you were injured as a result of a cycling accident, you are entitled to all past and future medical expenses, even if your health insurance company paid for those expenses. Your health insurance provider may cover your medical bills initially, but be sure to keep records of your visits and co-pays If you were injured, the first thing you will want to do is seek medical attention. It is so important to take care of yourself. Many people feel confused about if they should or shouldn’t go to the doctor after an accident. If you’re hurting or are worried about a potential injury like a concussion, seek help.
Can I recover the cost of my bicycle and helmet? What about a broken phone?
Yes. If you have been in an accident while riding your bicycle and as a result your helmet, bike or other personal property, like your phone, gets damaged, you are entitled to be reimbursed for these expenses. If you were not injured but had your property damaged, take a look at our free toolkit on writing a property damage demand letter to the insurance company. If you get stuck, give us a call.
Do I need a lawyer if I’m injured?
We get this question a lot. Here’s our best answer – there are some cases where we feel that having a lawyer just won’t add value to your case—meaning you would do better handling it on your own. There are other cases where we believe we can really help you. But more importantly we will have a long conversation with you and discuss what is right for you. We never look at whether a case is “big enough” or “small enough”, we take each person who calls us as a unique situation and try to find a solution that makes sense.
How much does a personal injury lawsuit consultation cost?
Our personal injury lawsuit consultations are free. You can contact us here to get started or call us at either our San Francisco office at (415) 956-9245, or at our Paso Robles office at (805) 619-3108.
What if I got hurt because of road conditions and not a collision with a car?
We handle many cases that involve dangerous roads poorly maintained or designed by cities, counties or the State. These cases are very complex and because of that, it’s important to contact us as soon as possible so that evidence can be preserved.
In a podcast a few years back, principal and founder of Rahman Law, Shaana Rahman, mentioned the fear she had when first riding in San Francisco. There were new ins and outs that she had to learn including how to cross railcar tracks safely (go straight across) and negotiate busy intersections. Urban riding can be dangerous, but we’ve pulled together some great tips for you to conquer your fear of cycling in the city.
If you live and/or work in an injury corridor, you may not be able to avoid all of the intersections known to be dangerous, but you will know to be extra alert when passing through. Awareness and planning can really help reduce the fear of cycling in the city.
Practice Outside of Rush Hour
If you’re planning a new route or riding for the first time in a while, it will help you conquer your fear by riding outside of the rush hours before and after work and at lunch. Try riding first thing Saturday morning when there is less traffic as you become familiar with your route. Or for an even more positive experience, try riding your route a few times with a friend. Remember to ride in line and not side-by-side.
Be Visible
When riding at night in California, a headlight is required plus a rear reflector or red light along with the standard side-facing reflectors on both sides of the bicycle. And while the lights and reflectors required by California law are a great start, the more visibility you can give yourself, the safer you’ll be. Invest in a reflective jacket you can wear over your work clothes if you plan on being a cycling commuter. You can also put lights on during daytime riding, especially in foggy San Francisco, for an extra layer of visibility. You can also add reflectors to your helmet if it doesn’t include them already.
You may not find wide bicycle lanes available throughout your planned route, though San Francisco has been increasing the visibility of these lanes where possible as part of the Vision Zero initiative. If you’ll be riding along lanes of parked cars, be prepared to use the vehicle travel lane by always giving yourself a safe escape window while riding. Parked cars can lead to open doors and opening doors can lead to injuries. You have the right to use the vehicle travel lane when needed.
Conquering any fear takes work. Taking the time to plan your route, practice it, and being familiar with traffic laws can all help you be more confident when you take to two wheels in the city. We also recommend having our phone number saved in your phone in case of a collision. Call 911 first if there are any injuries, gather as much information as you can on the scene, then give us a call if you need help reclaiming damages from a broken bicycle or injury. We’re personal injury lawyers and we’re here to help. Consultations are free.
Contact us at our San Francisco office at 415.956.9245, or our Paso Robles office at 805.619.3108.
National Bike Month is here and we want to celebrate! A lot of what we post relates to rules of the road, laws and ordinances, and safety, but today we’re going to talk about all the fun ways to celebrate National Bike Month with bike activities that can be enjoyed by the whole family.
Plan a Ride with a Local Group
Ever city has cyclist riding groups, sometimes you just have to look for them. And most of them offer rides for varying degrees of skill. Some groups post their rides on the website and app Meetup (https://www.meetup.com) where you can find others to ride with for free. In San Francisco, there is the San Francisco Cycling Club (http://www.sfcyclingclub.org) and the San Francisco Bicycle Coalition (https://sfbike.org) that frequently post scheduled rides. You can also talk to the Coalition as they may know other groups with organized rides. In Paso Robles, there is a list of groups that ride at Cycle Central Coast (https://www.cyclecentralcoast.com/resources) including a group that goes out every Sunday from Templeton and they frequently have beginner rides. You can also talk to Bike SLO County (https://bikeslocounty.org) to find other organized rides and events.
Tune Up Your Bike
A lot of riders are “fair weather riders” and there is absolutely nothing wrong with that. If you put your bike away for the winter, and even if you don’t, the spring is a great time to get a tune up on your bike. You can tune it up yourself if you’ve got experience, or take it into a local bike shop for some help. In San Francisco and San Luis Obispo, there is the Bike Kitchen (http://bikekitchen.org and https://bikeslocounty.org/programs/kitchen) available on select nights where you can bring your bike in and tune it up alongside other cyclists. This can be a great bike activity to make new friends and riding buddies.
Introduce Your Kids to Riding with Others
Many kids have a bike and ride around on their own street but don’t go much further. This month is a great time to introduce your kids to an organized ride. Talk to other parents and plan to have adults front, middle, and back of a few kids riding together in a quiet area. There are bike trails to keep them away from traffic completely, or you can make this a time to learn the rules of the road by finding a route with minimal traffic and wide bike lanes to give them room. Remember to ride single-file and obey traffic ordinances like red lights and stop signs. Both the San Francisco Bicycle Coalition and Bike SLO County organize riding events for kids, so be sure to check their calendars and see if there is an event you’d like to bring your kids to: https://sfbike.org and https://bikeslocounty.org.
Set Up an Obstacle Course
This bike activity can be fun for the whole family or you can arrange it for adults with a few modifications to the difficulty levels. Break out some sidewalk chalk on a street or set up cones (sometimes you can find small cones at the $5 and under stores or at sporting-goods stores). You can make it exciting with a few water balloons on the ground you have to ride over to pop or use a pool noodle to create a limbo pole. You can set up tight curves or even really thin lines to make a sort of on-the-ground balance beam to help work on precision riding.
Ride to Geocache Locations
Have you ever gone Geocaching? It can be a lot of fun and even a little bit addictive. There are even Geocaches in hard-to-reach places like bike trails that normal Geocachers can’t get to, which makes this an excellent activity for cyclists. What is it, you ask? It’s a game where you use GPS coordinates (and your phone) to guide you to hidden compartments that contain a log book for you to sign and sometimes an object for you to trade with. Always bring a pen with you to sign the log book as some compartments are too tiny to hold a pen. For objects to trade, think small: a friendship bracelet, charm, keychain, or small plastic toy can all be Geocache treasures to trade for what you find in the compartment, if it has something for you to trade with. Learn more here: https://www.geocaching.com/play.
Ride to Rewards
If Geocaching isn’t your idea of a treasure hunt, think of something worth riding for, like ice cream or a fancy doughnut. Call up some friends or grab your family and ride to a local boutique with your favorite treat. Afterall, it’s National Bike Month and that’s something worth celebrating with ice cream!
Make it a Game
If you’ve got a group of kids, there are lots of great bike activity games out there you can play. You can play music and all riders must freeze when it stops, or cycle in a line and play copy-cat with the leader of the line. There are 20 games outlined in this PDF we found: https://www.cyklistforbundet.dk/media/mksfflaz/cykellege_bog_engelsk_4.pdf.
Whatever you do, have fun! We like to think ever month is bike month, but really, May is our National Bike Month and it’s time to get your bike prepped and go out there are ride!
I can still remember my first ride on a two-wheeler. It was a hot, sticky summer day in New York and my brother and I were out in the front yard, my brother tooling around on his Evel Knievel big wheel and me riding in circles on my prized possession-my very first bicycle, a pink number, with training wheels, a sparkly banana seat and rainbow-colored ribbons coming out of the handlebars. For weeks, I had pestered my mom to take the training wheels off of my bike and it was on this summer day she finally capitulated and carefully unscrewed those little wheels. When the deed was done, I took hold of my new and improved bike, swung my leg over the seat and got ready to start racing the big kids on the block up and down our stretch of jutted sidewalk. Before I could put my feet on the pedals, my mom gently explained that this was like a new bike and I had to learn how to ride without training wheels. She suggested we practice riding with her holding onto the back of the seat to help me. I found this to be a ridiculous notion, and tried to tell her that I was big enough to do it by myself and didn’t need any help—that was for babies. She ignored my protests and wordlessly took hold of the back of my seat and told me I could start pedaling.
With the first stroke of the pedal, I felt something different than usual in my well-worn bicycle. It felt wobbly and unsteady. I wasn’t sure I liked this. I was used to a smooth, unadulterated ride. It was then that I started to feel afraid. Without those two extra little wheels, my world was unbalanced and I would have to learn on my own how to stay upright. I yelled to my mom that I wanted to stop, that I was going to fall, but my bike kept moving forward, and after a few seconds, the wobbling stopped and I was cruising along the sidewalk. The fear dissipated and all I could think about was how far I could go now. I yelled back at my mom that she could let go now, but I could no longer hear her behind me, or smell her perfume. When I realized she had already let go, there was a distinct moment of panic that was overcome by the newfound freedom that comes with navigating your own way.
And it was in that way that cycling always seemed to mimic the contours and challenges of life from childhood to the transition to adolescence and finally adulthood, and somehow the milestones of my own life transitions are marked by memories of biking.
Long after I outgrew my wonderous banana seat bike, I began to covet my older cousin’s sleek, baby blue Schwinn 10-speed. By then, we had moved out of the city and into the suburbs on Long Island, with wide, flat, tree-lined streets, nature preserves, a bike route to the beach and of course, shopping malls. As a pre-teen (what we call “tweens” now), oh how I thought a 10-speed would change my life. With it I could travel great distances far and wide on this island we lived on, no more begging rides from my mom or failing that, the dreaded slow pace of walking to get to where I needed to go. And then one day, the unthinkable happened. My cousin came over to our house, gliding into the driveway, already swinging one leg off the bike of my dreams before it had come to a stop. She gave the kickstand a whack, so I could get the full view of the bike standing tall in all its splendor. She told me the bike was mine if I wanted it. Mind-blown, I couldn’t even stammer out a proper thank you before I climbed up on it and asked if I could take it for a spin. She started to explain to me how the brakes were different than on my bike—they were on the handlebars! And that this bike had gears. So much information, much of which was important, I would later learn, but I waved her off. I know, I know. I can do it myself. And with that I pedaled out of the driveway and down the street. I tried to remember how my cousin would hunch down low over the handlebars, gripping the curved bars, with fingers fluttering over the brakes, just in case. I adjusted my position, into something that seemed like what I had seen, and gave the brakes a little tap to make sure they worked, and then pedaled flat-out. The speed at which I travelled seemed faster than a car and it was glorious. This was the bike that I would ride with my friends down to the mall, to the beach, to school, to wherever we could go that was away from our parents to our own world. This was the bike that ushered me into my teenage years and allowed me the freedom to explore. I loved the simplicity of this freedom. Just grab your bike and go out into the world—no plans, no responsibilities, no limits on what you could do.
Many years later, after I moved to San Francisco and became a lawyer, I was bike-less and living in a concrete world, with hills like mountains and traffic that was unrelenting. It didn’t particularly seem like a hospitable place for riding but I saw bikes all over. When I decided to buy a new bike, I was certain that I would ride only within the safety of car-free trails, too afraid of the traffic congestion, but once I got on my new bike, (and put on a helmet, of course) it was like being transported to childhood—a few minutes of riding released my worries and made me feel free from the heaviness of my day-to-day obligations. I slowly started venturing out on short rides close to home, and then farther, plotting out my routes to take advantage of the growing number of bike lanes, and minimizing my interactions with the dreaded MUNI busses. It was a different kind of riding, one that was less care-free, but energizing, nonetheless. It was then that I got involved with the local bike coalitions, and began representing cyclists injured by drivers. The work felt important, as each case made small changes to the way the driving world viewed cyclists and the ways in which cities decided to prioritize traffic. 20 years after my first bike ride through San Francisco, the cycling infrastructure there is a pure amazement, connected bike routes, segregated bike lanes, and people ditching their cars for bike-only living.
After moving to Paso Robles, I had to readjust my riding once again. Riding through the rural areas of North County is serene, with horses, cows and farms replacing honking horns, truck exhausts, and angry bus drivers. I still get surprised when a grape harvester passes me by or when I have to slow down for my neighbor riding her horse in front of me. It reminds me of the peacefulness of my teenage riding days on Long Island. In town, here and there, I see the glimmers of bike advocacy creating change in the form of bike lanes, and marked share lanes, but we have a long way to go before catching up to the work that has been done in San Luis Obispo, with the help of Bike SLO County. I’m looking forward to someday being able to bike to my office in downtown Paso through a secure, connected network of bike lanes.
If you can believe it, one of our team members was behind a car getting on the freeway when one of the rear tires flew off of the car, narrowly missing another vehicle and causing a lot of mayhem on the onramp. Someone failed to put the tire back on the vehicle with proper care. This is negligence. And negligence is often a point of dispute in cycling injury cases.
What is Negligence?
Negligence is a term you may have not heard before if you haven’t been involved in a legal dispute. In California, negligence is defined as “the failure to use reasonable care to prevent harm to oneself or to others. A person can be negligent by acting or by failing to act,” (CACI No. 401). This means when someone fails to take proper or reasonable care in doing something or doesn’t take steps or precautions necessary to proceed safely, and this failure to act or negligent act injures someone, the injured party can recover monetary damages from the negligent party.
What’s Considered Reasonable Care?
The argument for what’s “reasonable” as a step or procedure is often debated. “A person is negligent if that person does something that a reasonably careful person would not do in the same situation or fails to do something that a reasonably careful person would do in the same situation” (CACI No. 401). A “reasonable person” is also sometimes referred to a prudent or rational person. Often violating a California law, such as laws applying to drivers and cyclists found in the Vehicle Code is determined to be negligence.
What is Negligence in Cycling Injury Cases?
When cyclists are struck by cars, the most common types of a driver’s negligent behavior include distracted driving, like texting while driving, driving too fast for the surrounding conditions, and failing to obey traffic signs and signals.
A company, like bicycle manufacturer or bicycle repair shop, can also be found negligent if their product or repair is unsafe. We handle a lot of cycling injury cases as personal injury lawyers, but we also represent cyclists in product liability cases. If you were cycling and a weld suddenly broke loose on your bicycle causing an accident, the question would arise if there was any negligence on the part of the manufacturer or repair shop.
Insurance Companies Fight Liability to Avoid Paying Compensation
Remember that in all legal cases, gathering the evidence to establish another party’s negligence and liability can be a complicated process. Insurance companies fight very hard to try and show the injured person was negligent, not their driver. Things may not always be black and white, which is why it is so important to hire a cycling injury lawyer as soon as possible. We’re here to help fight for your rights and we bring years of experience in handling cycling injury cases, plus… we ride, too! We know what it’s like to cyclists out there. If you have been injured or had property damage to your bicycle, give us a call; consultations are free. You may also contact us online here.
California Assembly Bill Number 122 was introduced in December of 2020 but has undergone some amendments in March and May of 2021, as is typical in the lifecycle of an Assembly Bill. Here’s what you need to know about Assembly Bill 122 to limit bicycle accidents from a bicycle accident lawyer’s perspective.
First, it’s important to know that more than a dozen bicycle advocacy organizations support the Bill across the state of California, including MCBC (Marin County Bicycle Coalition, an organization focused on bicycle safety which we support). Also, other states already have similar vehicle codes in place, including Washington, Oregon, Idaho, Colorado, Arkansas, and Delaware, which means AB 122 is not a new concept.
What does AB 122 Change?
If passed, California Assembly Bill Number 122 would change the vehicle code in California to allow bicyclists to treat Stop signs as they would a Yield sign. This increases bicycle rider safety and decreases bicycle accidents, which has been demonstrated in studies in Idaho (who was first to create the stop-as-yield law) and Delaware. In 2008, an investigation was conducted locally by the San Francisco Bay Area Metropolitan Transportation Commission, which has added to the data on this subject. In 2009, a study of Idaho conducted by J. Meggs at UC Berkeley showed a decrease of 14.5% in bicyclist injuries after the passage of the new law.
As bicycle accident lawyers, we support new systems which reduce the rate of bicyclist injuries.
What does AB 122 Not Change?
California Assembly Bill Number 122 is not a free license to blow through stop signs all the time or every time. Bicyclists will still obey red traffic lights and treat them as a full stop. Bicyclists will also still give the right-of-way to pedestrians who always have the right of way. And bicyclists will continue to stop at stop signs when there is traffic with the right-of-way.
Intersections are Dangerous for Cyclists
While according to the NHTSA, most bicyclist fatalities occur away from intersections in 45- and 55-mph zones, most bicyclist injuries occur in 25-mph zones where intersections and stop signs are most prevalent. Bicycle accidents do often happen at intersections and the UC Berkley study calls intersections the “most dangerous zone” for bicyclists. Reducing injury rates by 14.5 % would be a great step in the right direction.
Summer is here and with the extra hours of sunshine comes
the heat! In San Francisco, a “hot” day
might be in the 80s, but this year it’s already been hotter than usual and at
our Paso Robles office and in other scenic riding locations on the Central Coast,
temperatures can easily surpass 100 degrees.
If you plan to go out in the heat for cycling or other activities, read
on for some of our favorite tips to combat the hot weather.
Hydrate
Hydration always sounds like an obvious first step in the
heat, but it isn’t just about hydrating during your summer activities, you’ll
want to hydrate before and after, too.
The CDC and Cal/OSHA recommend 1 cup of water for every 15 minutes of
physical activity in the heat and consuming electrolytes (sports drinks/fruit
juice) before and after to replenish the salt we use for sweating. They also warn that alcohol can reduce the
body’s ability to regulate temperatures and should be avoided before your
planned cycling day or any other activity in the heat. And just a reminder, CA Vehicle Code 21200.5
does not provide a specific blood-alcohol threshold to be considered riding a
bicycle under the influence, but cycling impaired is unlawful and a violation
fine can be up to $250.
Keep Your Core Cool
There are a variety of products out there to help keep your core temperature down in hot weather like specialty towels and jerseys. For motorcyclists, there are suits and jackets with mesh ventilation flaps. But there are also some very easy ways to keep your core cool without needing a gear upgrade. A favorite of many cyclists is freezing your water bottle when half full to create an ice block. A fun alternative from wine country is to freeze grapes and use them as ice cubes; they’ll cool your water and provide a tasty snack later. Want more? Here’s a DIY tutorial on how to make your own neck cooler here.
Watch for Signs of Heat Stroke
While you may have taken all of the steps to beat the heat, others with you may not have properly prepared. Symptoms of over-heating include headache, nausea, dizziness, and weakness. At the point of heat exhaustion, the affected person may sweat more profusely than usual and have a rapid pulse. If heat exhaustion goes untreated, the person may stop sweating altogether and/or become confused; the warning signs of heat stroke, a serious medical condition. If you believe someone is in danger of over-heating, get them into a cool area immediately. If there are concerns of heat stroke, call 911. For more information, visit the CDC’s website here.
Add Rahman Law to Your Phone Contacts
No one ever expects to be involved in a collision. If you plan to be out cycling, riding a motorcycle, or driving this summer, be sure to add us to your contacts in your phone. That way, you can call us immediately if you ever need us. We also have free toolkits and guidebooks on our website here. Have a great summer!
Before we talk about numbers, it’s important to know that there are differences between riding in urban and rural areas when talking about bicycle safety. Urban areas see 60%-71% of bicyclist fatalities across the nation and California is still in the top three states for cyclist fatalities. California’s ranking for cyclists fatalities might have something to do with having the largest population of any state and 87% of those nearly 40-million people living in urban areas (Stanford).
Then speed limit
where most bicycle fatalities occur in rural areas is 55 mph.
This speed is the zone with the second most bicyclist
fatalities overall; however, for urban riders, 55 mph is only the sixth-ranked
speed zone for fatalities. The approximately
29% of total rural cycling crashes with fatalities occurring in a 55 mph zone
is significant.
The speed limit where
most bicyclist fatalities occur in urban areas is 45 mph followed closely by 35
mph.
Because most bicyclist fatalities occur in urban areas, the
data gathered shows urban cyclist collision fatalities can occur in most speed
zones from 25 mph to 75 mph with the majority falling between 35 mph and 45
mph. Interestingly, the same speed zones
show the most urban pedestrian fatalities, too.
Speed Limits Are
Different Than Speeding
The information we just presented comes from speed limits, not speed travelled. Reports vary on the percentage of bicyclist fatalities resulting directly from speeding because being the leading cause is different than being one of several causes and can be difficult to separate. A 2010-2015 report found only 8.6% of bicyclist fatalities resulted directly from speeding (NHTSA, FARS, & ARF). But don’t think speeding isn’t a problem – in San Francisco, speeding is the leading cause of traffic collision deaths (SFPD 2010-2014) and is a leading contributor to traffic collision fatalities nationwide.
This report also found most fatalities for cyclists were
occurring in non-intersections. This
makes sense when the speed limit with the most fatalities for riders in urban
and rural locations combined is 45 mph followed by 55 mph; these speed zones
will have fewer intersections and crosswalks than zones with lower speeds.
Bicycle Safety Starts
With Awareness
Knowing what factors can lead to or increase the chances of a cyclist fatality can help riders and drivers be more aware of their surroundings. The bicycle accident attorneys at Rahman Law support Vision Zero for San Francisco and we look forward to the day when no cyclist or pedestrian will become a fatality statistic.
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