Motorcycles 101 (Part 1 of 3)

Motorcycling, whether as a hobby or as a practicle means of transportation, can be an enjoyable, money-saving endeavor. However, it can also lead to expensive, life-altering mistakes.Whether you are a motorcycle veteran or a relative newcomer it is good to remember that on the road you are vulnerable. In a recent article, American Motorcyclist outlined the 50 Things New Riders Should Know (and Experienced Riders Shouldn’t Forget).

1) Be Legal/Get Licensed: A piece of paper will not make you a better driver, but the attitude with which you approach motorcycling will. Get serious, get a license.

2) Passengers Second: Learn how to drive your motorcyle alone before adding a passenger. Remember, you are responsbile for your passenger’s safety, so make sure you are comfortable on the road before you take on that responsbility.

3) Don’t be Proud: Get training. Negotiating traffic on a motorcycle will be different from any other driving experience you have ever had. You may have ridden a dirt bike and you have probably been driving cars for years, but that doesn’t make you an expert. Bottom Line: it’s better to be safe.

4) Maintenance:

a. Do It Yourself- become familiar with your bike and whenever possible figure it out yourself. That way you will know when something isn’t quite right.

b. Check your tire pressure regularly and often.

c. For those problems that you just can’t fix yourself find a local mechanic. Strike up a rapport. Get comfortable asking questions. It is always better to ask a question then to be unsure.

5) Seek Local Knowledge: If you are just getting started riding in the Bay Area and San Francisco (or anywhere new) look for bike shops and events and talk to people. Seek out advice and suggestions. You might be suprised by what you find out and it will save you a lot of time and stress in the future.

Check back soon for more tips/suggestions in Part 2!

If you ever need a motorcycle accident lawyer, contact us for a free consultation.

Source:

Kardas, Jeff. “50 Things New Riders Should Know (And Experienced Riders Shouldn’t Forget).” American Motorcyclist 66.8 (August 2012): 46-48. Print.

Congress at the Wheel? – Well, we knew it was dangerous…

A while back I wrote about Congress’s progress on negotiations surrounding the Federal Transportation Bill. Now those negotiations are closed, the vote has been taken, and the Federal Transportation Bill has finally passed.

While the passage of any transportation bill is encouraging after so many delays threatened to freeze funds, alternative transportation advocates are understandably disappointed with the final bill. Many of the programs in the previous bill advocating cycling and pedestrian paths have been gutted and funding has been compromised. This news is especially disappointing since representatives, like Senator Barbara Boxer, promised to protect these programs.

Here is an overview, courtesy of America Bikes, of the major differences between the previous transportation bill and the current bill and what this could mean for cyclists and pedestrians in California and the Bay Area.

1) The 2012 bill combines Safe Routes to School, Transportation Enhancements, Recreational Trails and ‘Some Road Usages’ into a single category. These programs no longer have separate funding and distribution mechanisms. This means that not only will alternative transportation programs be competeing against one another for funding, they will also be competing against highway and road projects classified as ‘road usages’.

2) Funding for this category has been cut from $1.2 billion to $800 million.

3) The old bill allowed states to redistribute 10-15% of funds from these alternative transportation programs to other transportation uses.  Under the new bill states could transfer 50-100% depending on the circumstances.

This bill will be in effect until October of 2014.

 

Sources:

Federal transportation bill negates decades of progress

http://www.americabikes.org/analysis_of_the_new_transportation_bill_map_21

Bad News Berkeley

Between 2005-2010 there were 819 cycling accidents in Berkeley making it the 4th most dangerous city for cyclists in the Bay Area.

The recent death of world-renown neuropsychologist, Shlomo Bentin, in a cycling accident near the UC Berkeley campus, has brought more attention to the dangers of cycling in downtown and southern Berkeley.

One of the reasons Berkeley may be an epicenter for cycling accidents is that it has one of the highest bike commuter rates in the nation,  about 8 percent of residents commute by bike. The city should be proud of the achievement, but at the same time city officials need to recognize that this constituency needs to be supported with safe and readily available infrastructure. Berkeley cyclists have been calling for reform and improvements for many years. The East Bay chapter of the Bicycle Coalition argues that road conditions and lack of safe bike lanes make the areas around the campus some of the most dangerous in the Bay Area for cyclists.

Sources:

http://berkeley.patch.com/articles/berkeley-ranks-high-in-bike-accidents

http://www.baycitizen.org/bikes/story/berkeley-campus-cyclists-collisions/

 

Tucker v Mejia Verdict Summary

We are pleased to report a plaintiff’s verdict obtained in the San Francisco Superior Court on July 26, 2012 by Lenore Shefman of the Shefman Law Group and Shaana A. Rahman with Rahman Law PC in the case of Tucker v. Mejia.  The case involved a hit and run collision between plaintiff, who was traveling on Eddy Street on a fixed gear bicycle, and defendant, an independent contractor operating a Lorrie’s shuttle van.  The collision occurred on August 17, 2009 on Eddy Street, near its intersection with Mason.  Plaintiff Tucker was riding his bicycle in the number one lane when the defendant began making a lane change from the number two lane into Mr. Tucker’s lane of travel.  The van sideswiped Mr. Tucker causing Mr. Tucker to be ejected from his bicycle onto his face.

Mr. Tucker sustained serious facial injuries, including two jaw fractures and two facial fractures all of which required immediate surgery.  Plaintiff incurred past medical expenses of approximately $150,000.00.

Defendant never stopped his van and left the scene.  A witness chased the van and although the van was identified as a Lorrie’s van, there was never any positive identification of the driver or the van number.  Through the use of Lorrie’s internal documents relating to its drivers plaintiff identified four of the 30 Lorrie’s drivers who were in the Union Square area at the time of the collision. Further investigation pointed to defendant Mejia as being the only driver on Eddy Street at the time of the collision.  Defendant Mejia denied being involved in the collision although admitted to being on Eddy Street approximately 10 minutes after the collision when he was briefly stopped by the police.

Defendant further contended that there was no contact between the van and the bicyclist.  Defendant’s accident reconstruction/biomechanical expert opined that as plaintiff was on a fixed gear bicycle with a single break it was likely that he over-braked and pitched himself over the handlebars.  Defendant also contended that plaintiff veered from his lane into the defendant’s lane to make a right turn.  As plaintiff admitted fault for the collision to the investigating officers the defendant maintained that plaintiff was to blame for his injuries.

An internal investigation by Lorrie’s led to the identification of four drivers possibly involved, but Lorrie’s never disciplined Mr. Mejia or concluded that he was the driver.  Prior to trial the Shefman Law Group reached a settlement with Lorrie’s in the amount of $250,000.00.

The case was tried before The Hon. Ellen Chaitan.  Defense counsel was Susan Watson with Harrington, Fox et al.  A cross-complaint for indemnity was filed by Lorrie’s counsel Stephanie Krmpotic.  The cross-complaint issue was bifurcated.

After an eight day trial and one day of deliberation, the jury returned a 12-0 verdict in favor of plaintiff in the amount of $593,172.67.  The jury found that plaintiff was not comparatively at fault.

Confusion on the JFK Bikeway

Earlier this year the SF Municipal Transportation Agency revealed the new JFK separated bikeway. Since its unveiling there have been mixed reviews on the effectiveness of such a design. For those of you who have not ventured over to Golden Gate Park to see what the fuss is all about, the new separated bikeway looks like this:

The SFBC noticed that in the early stages of use there were three main problems with the design:

1. Cars parking in the bike lane

2. Cars parking in the buffer lane

3. Pedestrians exiting cars and crossing the bike lane without looking out for bikes

According to the SFBC these problems largely rectified themselves as riders and drivers became acclimated to the new design. They found that in general, cyclists felt safer using the lane because there was so much space between them and moving traffic.

Protected bike lanes are increasing in number throughout the United States and with Market Street improvements on the table and city planners always looking for new ways to integrate bikes onto city streets, it is important to have an open and productive conversation about the strengths and weaknesses of this type of protected bike lane.

In May the San Francisco Bay Guardian expressed a few of its concerns with such a design:

1. The increased potential for pedestrian and cyclist collisions

2. The lack of traffic enforcement leading to use of the buffer lane during peak hours, increasing the potential for collision between cars and between cars and cyclists.

It is clear that San Francisco needs better and safer bike lanes. However, the jury is still out on this particular type of protected bike lane. What can be improved with this type of project? How can we do it better next time?

Offer your feedback on the JFK bikeway by taking the SFMTA Survey and take part in the Market Street Improvement discussions.

Sources:

http://www.sfbike.org/?project_JFKDr

http://sf.streetsblog.org/2012/04/25/its-not-that-hard-to-find-people-who-like-the-jfk-bikeway/

http://www.sfbg.com/politics/2012/05/17/new-jfk-bike-lanes-are-bad-everyone

 

Bike + BART = Better for Everyone

For the next five Fridays commuters will see bicycles on BART trains during rush hours. The change is courtesy of a pilot program BART is running as part of its new goal to double BART ridership among cyclists. The Draft 2012 BART Bicycle Plan has more on BART’s goals for the coming years.

Normally bikes are not allowed on BART trains during rush hours in the morning and the evening, so those people from the East Bay region who might combine public transportation and cycling in order to avoid the frustrating, expensive and environmentally degrading commute, are unable to do so.

The pilot program lifts the ban on August 3rd, August 10th, August 17th, August 24th and August 31st. The SFBC encourages riders to take advantage of the program and to help make a statement. This ban is good for BART and good for the community.

In order to make the program as great a success as possible, SFBC encourages riders to remember a few key rules:

1. Bikes are still not allowed in the first car

2. Bikes are not allowed in crowded/full cars

3. Bikes must give priority to elderly and disabled persons

4. Please be as courteous and polite as possible. The success of the program depends on you!

For those of you who are interested in ways to combine public transportation and cycling outside of the designated pilot program days, there are a couple of alternatives in the Bay Area:

1. CalTrans Bike Shuttle

2. AC Transit

 

Sources:

http://www.sfbike.org/main/bart-announces-pilot-to-lift-rush-hour-bike-ban/

http://www.sfbike.org/?bart

 

 

The Power of 3

Earlier this month, East Bay Attorney Bill Dullea of GJEL Accident Attorneys testified before the Assembly Transportation Committee in support of Senate Bill 1464. Senate Bill 1464, commonly known as the 3-Foot Passing Bill, clarifies the current, vague law requiring cars to give cyclists a ‘safe distance’ when passing. In his testimony Dullea argued that the ‘safe distance’ law unnecessarily endangers cyclists because not all drivers judge ‘a safe distance’ in the same way. Since 40% of cycling collisions occur when a cyclist is hit from behind by a vehicle, this proposed legislation is poised to make a large impact in the cycling community.

Dullea argued that the 3-Foot Passing Law would help make cyclists feel safer when they are  sharing the road with automobiles and would therefore encourage more cyclists. Ideally, this law would lead to safer streets for everyone. Like Rahman Law, GJEL represents many cyclists in their line of work. Dullea testified that in his experience it s clear that drivers don’t know how to judge a ‘safe distance’ mostly because most California drivers do not have to deal with cyclists very often in their day -to-day driving. This has obviously been changing in the last few years, especially in San Francisco and the Bay Area. A statistic that often creeps into these conversations and which is extremeley illuminating, is that in San Francisco in the last 5 years, cycling ridership has increased more than 70%.

With interactions between cyclists and vehicles constantly increasing it is important for drivers to know how they can best avoid collisions. The 3-Foot Passing Bill is designed to do just that. The California Bicycle Coalition and cycling advocates like Rahman Law and GJEL Accident Attorneys support SB 1464 because it protects cyclists and drivers and generally makes the roads, which we all share, a safer place.

The bill is currently waiting for Governor Jerry Brown’s signature.

For more information on how you can become involved in the California Bicycle Coalition’s Safe Passing Campaign visit their website at http://calbike.org/advocacy/safe-passing/

 

Sources:

http://www.sfgate.com/business/prweb/article/East-Bay-Attorney-Advocates-for-Bike-Safety-with-3688716.php

Scofflaw?

A google search of the term ‘scofflaw’ reveals an urban dictionary definition of “one who habitually flouts or violates the law, esp one who fails to pay debts or answer summonses”. Understanding this term is an important first step in understanding the debate raging about ‘the growing problem’ of scofflaw cyclists in San Francisco.

The SFBC’s report, What About Scofflaw?  also provides some valuable insight and context into the debate. As the numbers of cyclists have grown in San Francisco, 71% in the last five years, conflicts between cyclists, pedestrians and drivers have naturally increased. Indeed, recent stories involving careless and negligent cyclists have inflamed an already sensitive issue.

San Francisco has an oftentimes harrowing mix of pedestrian, cycling and automobile lanes. Negotiating the changes from street to street, the sharrows and the lack of marked lanes, can cause frustration and unease for even the most experienced cyclists and drivers. The fact is that in San Francisco, and indeed in any major urban center, there will be pedestrians, cyclists and drivers who, whether knowingly or unknowingly, break traffic laws. Unfortunately for the cycling community these few ‘scofflaw cyclists’ can have an extremely detrimental effect on the cycling community as a whole because public opinion is so split on the cycling issue in general. One rude or unsafe cyclist can mess things up for everyone else. The situation might not be fair, but that’s the way it is.

The best defense against the argument that there is a ‘growing problem’ with scofflaw cyclists in San Francisco, is to simply be aware of the rules of the road and to be polite and safe at all times. This is true for cyclists, pedestrians and drivers as well.

We have to share the roads. Please, let’s be safe and courteous while doing so.

The SFBC hosts regular Urban Bicycling Workshops as part of its drive to educate cyclists about the rules of the road.

 

Market Street Improvements

Market Street is at the heart of San Francisco’s history, tourism industry and daily transportation system. As a city hub, it is a meeting point for many different modes of transportation. Cyclists, Pedestrians and Drivers all share one heavily trafficked area. It may come as no surprise to many people who frequent the Market Street area that cycling is becoming an ever more dominant mode of transportation.  In fact, Better Market Street claims that at various time of the day bicycles outnumber vehicles.

As cyclists who frequent Market Street know, there are a number of areas where a collision between cyclists and autos or cyclists and pedestrians is intensified by poor urban design. One of the goals of the Better Market Street Project is to optimize the safety and efficiency of the traffic on Market Stteet. This is an area of San Francisco that needs improvement and the opportunity to create that change is here.

Better Market Street is currently in Phase 1. This phase includes the opportunity for public input. Join the San Francisco Bike Coalition at one of two community meetings to discuss potential improvements to the Market Street area.

Community Meeting | Tuesday, July 17, 2012, 6:00 PM – 8:30 PM | SFMTA (1 South Van Ness, 2nd Floor Atrium

Community Meeting | Saturday, July 21, 2012, 10:00 AM – 12:30 PM | SFMTA (1 South Van Ness, 2nd Floor Atrium)

The Blame Game

Recently, SF District Attorney George Gascón stated that the reason so few drivers are prosecuted in pedestrian collisions is that pedestrians are at fault “in the majority of cases”.

This is simply not true and it reflects the pro-auto attitude in a city with a cycling population that has increased 71% in the last 5 years. This tendency to favor automobiles is illustrated in the DA’s office history of persecuting only those fatalities and injuries which involve a DUI or a hit-and-run. Drivers, even those who are deemed at fault, often avoid any criminal prosecution. DA Gascón has broken this tradition by prosecuting three drivers and a cyclist with lethal negligence, a misdeamanor, in pedestrian fatalies. His recent statement, however, shows a dismissive attitude towards the safety and security of pedestrians and cyclists in San Francisco.

WalkSF is an organization fighting for pedestrian safety in San Francisco. Join them in their campaign to bring justice to pedestrians killed by negligent drivers. Email them at info@walksf.org and they will forward your email onto the DA’s office to let them know that the pedestrians-at-fault stance is not an acceptable attitude.

As WalkSF argues “the District Attorney and our police should be keeping us safe on the street and making it clear that injuring people has consequences. Instead, they’re blaming the victim.”

Sources: SfStreetsblog1 and SfStreetsblog2