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Gary Brustin and cycling law

November 17, 2008 - 5:27pm -- maiki

Gary Brustin spoke last Thursday about Bicycling and the Law, and I have to say it was a really great talk. I personally learned a lot, and I took some notes to share with folks who couldn’t make it (make sure to come next time!).

This post is pretty list happy, that is how I take notes.

<p>The first portion concerned common accident scenarios. Gary had interesting stories to go along with each of these, and used his lawyer-drawing skills to show us how these all worked out:</p>

<ul>
<li>Left turns (where the motorist is oncoming traffic)</li>
<li>Right turns (the motorist turns in front of the cyclist)</li>
<li>Car doors (opening a car door in the path of a cyclist, and not just from the right side, either)</li>
<li>Side-swipe</li>
<li>Road rage</li>
<li>Dogs (&#8220;Man&#8217;s best friend, cyclists&#8217; worst enemy&#8221;)</li>
</ul>

<p>Gary made a note of how motorist responses to these types of accidents converge to create an idea of how motorists view cyclists. Here are some paraphrased views that explain the above scenarios:</p>

<ul>
<li>&#8220;I never saw the cyclist.&#8221;</li>
<li>&#8220;I didn&#8217;t hear the cyclist.&#8221;</li>
<li>&#8220;I didn&#8217;t realize how fast they were.&#8221;</li>
<li>&#8220;They were going too fast.&#8221;</li>
<li>&#8220;They should have been walking their bike.&#8221;</li>
<li>&#8220;They should only ride where there are bike lanes, and stick to them.&#8221;</li>
</ul>

<p>These perceptions of cycling explains why advocacy is so important, not only to enhance our rights as road users, but also to preserve them. A couple things Gary mentioned was the <a href="http://bikesiliconvalley.org/content/467">Commuter Benefit</a> and the <a href="http://bikesiliconvalley.org/content/450">Complete Streets Act</a>. There are advocacy organizations at all levels of involvement, including the national (<a href="http://www.bikeleague.org/">League of American Bicyclists</a>), state (<a href="http://www.calbike.org/">California Bicycle Coalition</a>), and of course local (<a href="http://bikesiliconvalley.org/">Silicon Valley Bicycle Coalition</a>).</p>

<p>There were a few other items that he went over, such as always carrying emergency contact information on you in a place that would be easy for a person to find, cooperate with the authorities, and if you are unfortunate to be in an accident to get witness information. And don&#8217;t forget to take photos!</p>

<p>The turnout was great, and there was a extensive Q&#38;A session afterwards. I am sure everyone left feeling a little more informed about the law and cycling. And remember, as a cyclist be a goodwill ambassador. ^_^</p>

Comments

alexisg's picture

I liked Gary's talk and also appreciated his remark that the way to see if a car is turning right (since we all know that turn signals do not work in Califoria ;-) is to 'look at its feet' -- watch the wheels.

I have used this tip a couple times this week to supplement my intuitive detection of this situation and find it a great addition to my toolset of trying to stay out of hazard situations.

bikepartynick's picture

Yeah, no real surprises for me here...one of my friends has been mostly off his bike for the last 2 years following a nasty swipe by a left-turner that badly damaged his leg.

Of course, with many of the other collision types, standard good riding technique helps a lot:
http://www.bikexprt.com/streetsmarts/usa/index.htm

Lately I've found my favorite strategy to be staying on streets with lower speed limits (<40mph) and just taking the lane...when I'm riding at 17-20mph that seems to prompt the most reasonable behavior from motorists.

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