Is Riding a Bike on the Sidewalk Safe or Even Legal?

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. 

free san francisco personal injury lawyer consultation

Beat the Heat with these Summer Safety Tips

summer cyclist safety tips in paso robles and san francisco personal injury lawyers

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.

contact personal injury attorney

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!

Rahman Law PC

3 Important Summer Bicycle Accident Precautions: Tourists, Holiday DUIs, and Teen Drivers

Tourists, Holiday DUIs, and Teen Drivers

When someone talks about holiday traffic and safety in California, they often focus on “the” holidays in November and December, but for bicyclists and pedestrians, the summer holidays like The 4th of July and Labor Day can be quite hazardous, possibly more so than the holidays at the end of the year because there is more cycling and walking to do in the summer when it’s so beautiful outside!  We want to share three important things you should look out for this summer we’ve learned as bicycle accident attorneys working in San Francisco and Paso Robles where the summer is a great time to get outside and ride.

 

One: Summer Tourists Don’t Expect You

We do a lot as bicycle accident attorneys to advocate in San Francisco and San Luis Obispo County for safer conditions for cyclists.  Some areas are beginning to have better lane markings and even separated bike lanes, which is great!  But despite better conditions where available, at any time a tourist is unfamiliar with the road in a new place and doesn’t know to expect a bike lane or a bicyclist.  They don’t know the road they are on is a local favorite for riding.  They also may not have their eyes fully on the road as they look for their next turn, or at the beautiful scenery. Summer is here and so are the tourists.  As a bicyclist or pedestrian, we must all be paying attention to the traffic around us at all times (and remember – we are all pedestrians at some point during our day!).

How much should we be paying attention?  Not just to one car here are there, but to all of them!  The San Francisco Travel Association said 25.5 million people visited San Francisco City in 2017.  Not all tourists come with a car or rent one, but many do.  And if you live or have been to San Francisco, you know there are many narrow and one-way streets to pay attention to.  The 13% of roads in San Francisco where 75% of collisions with pedestrians are occurring are located in areas where tourists want to be (see the map and click on it to see the live version) bringing up concerns for pedestrians and bicyclists now that summer is here and has brought with it an influx of heavy tourism.   This is not to say that tourism is bad – tourism is a good thing for local economies.  But as bicycle accident attorneys we know first-hand the hazards cyclists face.

san francisco pedestrian collisions

 

Two: Summer DUIs are Rising

A lot of bicycle accidents are caused by vehicle drivers who are under the influence. In California, DUIs are rising.  Drivers in collisions resulting in a fatality who were impaired by drugs or alcohol rose from 26.2% to 42.6% between 2005 and 2015 (National Highway Traffic Safety Administration).  In San Luis Obispo, bicycle collisions have been decreasing (down 11% from 2015 to 2016), but DUIs have been increasing and in August of 2017, a cyclist was killed in a hit-and-run collision.  The alleged driver was 17-years-old and intoxicated. California State as a whole appears to have seen a decrease in annual DUIs, depending on which report you read; however, holiday DUIs always show a spike which is why we want to remind pedestrians and cyclists to be careful during the summer and especially during the holidays.  The 4th of July holiday is the deadliest holiday due to collisions with the most fatalities over any other time period during the year (National Highway Traffic Safety Administration).  As the Thanksgiving holiday has the most traffic, alcohol and drugs have to be questioned with the 4th of July.  DUI-related collisions can happen at any time, but statistically are more likely to be fatal starting after 8:00pm, peaking between midnight and 3:00am (National Highway Traffic Safety Administration).   Remember to add extra lights to your bicycle if you plan to ride at night to give yourself as much visibility as possible.  While tourists can possibly be driving under the influence of alcohol or drugs as they’ve been out partying, the locals can be to blame on this one, too.  This is why we suggest keeping the phone number of a good bicycle accident attorney in your phone (hey – like us!), just in case something happens and you are unsure of what to do next.

 

Three: New Drivers and Teens on Summer Break

If you are the parent of a new driver, you may have heard of the “100 Deadliest Days,” but if you’re a cyclist or pedestrian and haven’t heard this term, you need to know about this.  The 100 deadliest days for teen drivers fall between Memorial Day and Labor Day as these are the days when the most fatalities involving collisions and teen drivers occur.  In 2016, there were about 10 people killed per day by a teen driver in this window, which was a 14% increase from 2015 (AAA Foundation for Traffic Safety).  Of these 100 days, there are 10 considered the most deadly (9 falling between May and August) and are believed to be so dangerous due to teenage drinking.  With or without substance abuse, new drivers are out in full force during the summer.  The risk for them is highest at night (considered after 9:00pm by AAA) and/or if they are speeding.   If you have a new driver, be sure to talk to them about the added risks of substance abuse, speeding, and reduced visibility.  If you are a cyclist or pedestrian, be extra alert during these summer months.

 

Need a Bicycle Accident Attorney?

We want you to be safe and have fun this summer, but if things don’t go as planned and you think you might need a bicycle accident attorney in San Francisco or Paso Robles/San Luis Obispo, give us a call!  We are happy to provide you with a free consultation.  We also have two helpful free downloads you might want to save now for future use to keep in your phone, glovebox, or bike-bag:

 

THE PROPERTY DAMAGE DEMAND TOOLKIT: How to get the Insurance Company to Pay you for your Damaged Bike After a Crash

Download the free toolkit here:

Download

Fill this out for your free download!

 

 

 

 

 

 

What to Do After a Vehicle Collision

Know-Your-Rights, What To Do In a Vehicle AccidentDownload the free guide here:

Download

Fill this out for your free download!

 

When Adding Bike Lanes Actually Reduces Traffic Delays

In New York, smart street design helped the city have its safety and its speed, too. 

A great article on Mother Jones about “level of service” and how California is a state that is leading the charge against it. “Level of Service” is the argument against implementing bike lanes for fear that less road space for cars will cause more traffic and delays. Mother Jones explains a new report by the New York City Department of Transportation which shows car traffic can be maintained while increasing rider safety.

http://www.motherjones.com/environment/2014/09/adding-bike-lanes-reduces-traffic-delays-new-york-city

 

Stop Signs. Why we love them.

attorney advocate for bike safety

We all know there is a certain freedom to riding your bike. Let’s face it, you’re one with the elements and unencumbered by the confines of the coffin like nature of your car. It’s great to be outside, soaking in the sun, feeling the wind in your face. Some days, the very experience of being out on your bike, whizzing by cars, is enough to make you feel invincible.

And we all know stopping at stop signs interrupts the blissfulness of biking. The problem is, stop signs are a necessary evil. They protect us from cars. They also show drivers that we are just like them–lawful citizens, just trying to get from point A to point B. They allow drivers to see us and then avoid hitting us!

When you ask drivers in this City what their real gripe is about cyclists, almost uniformly the response is–they’re unpredictable, they don’t follow basic traffic rules. Many cyclists disregard this response but the truth is in order to make our City sustainable and, more importantly, safe, for cyclists, cyclists and drivers have to have a mutual respect for each others space. Think of it as consensus building or a call to build a bike safe city together. So the next time you come to a stop sign, when you stop, you can congratulate yourself on being an ambassador for bike safety. It’s an unpaid, and sometimes thankless job, but needed.