It’s far more often that I see objective police reports of bike accidents, but this one was written by an advocate-officer who bent over backward to make excuses for the driver.

The bottom line is that the driver failed to yield the right of way, and probably never saw the bike.  Driver’s fault, but the officer chose not to issue a citation.

Police reports don’t carry as much weight in a civil case as people often think.  For example, they are inadmissible as evidence at trial.  That said, insurance adjusters look at them and use whatever they can to avoid liability and blame the cyclist.  If the report makes a bunch of lame excuses for the driver, or the officer incorrectly cites the bicycle, then it may be more difficult to settle the case without filing a lawsuit.

After an accident, one of the first things that will happen is that you’ll get calls from insurance adjusters who want to get information from you about what happened.  Who should you talk to?  Who can you ignore?  How do you fill out the forms?  Do you even need to fill out those forms?  This barrage of requests for information is a good reason to contact an attorney (I’m always happy to answer questions).

The list of questions in the photo at left is from a University of Washington form that was sent to a scooter rider hit by a person driving a UW motor pool vehicle.  These types of questions are dangerous and I suggest you not answer them.  First, most people want to answer all the questions, so they will do their best and oftentimes guess at the answer.  Second, these are impossible to answer accurately.  You were driving down the road, thinking all was well, and all the sudden someone is turning in front of you.  You didn’t have time to calculate feet and speed, you were just slamming on the brakes!  Last, the adjuster will take this information and possibly use it against you to say you weren’t paying attention.

Protect yourself by only answering questions you are required to answer and that you can be confident in the answer.  When you don’t know, say that, and don’t say anything else!

Cyclists have a different mindset when it comes to maintaining speed than cars. Stopping and starting in a car, while annoying, is accomplished by just moving your foot a few inches and pressing the pedals. On a bicycle, forward momentum is highly prized. Starting from a stop or near-stop means I need to expend energy to get myself back up to cruising speed. When I time the lights downtown, I cruise through, but if I am a bit slow, then I need to stop at each light (ugh!!).

While there’s a reason we cyclists like to keep our momentum, that reason doesn’t translate into any legal excuse for failing to obey traffic rules. When you’re on the road, a STOP sign or a red light must be obeyed. For one, it’s the law. For two, when you blow through lights you give other cyclists a bad rap. There are bad drivers, bad cyclists, bad lawyers, but when a member of a minority group or one already dealing with a negative stereotype acts consistently with it, others tend to have the “see, I told you cyclists never obey the rules!” response.

Blow through a stop sign on your way home and you may be dealing with the oh-so-uncomfortable scenario of being pulled over on your bicycle (photo at left was taken by a rider who was stopped for riding through a stop sign).  At the least, my suggestion is to slow way down and turn your head right-left-right-left before proceeding through a stop sign.  Blowing through, even if you’re 100% sure nobody is coming, looks like a blatant disregard for the STOP sign.  Some communities have the resources to put cops at intersections to ticket cyclists (ex. Mercer Island, on the north end by Luther Burbank Park).

THE LAW:

46.61.755. Traffic laws apply to persons riding bicycles
(1) Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle . . .

46.61.050. Obedience to and required traffic control devices
(1) The driver of any vehicle, every bicyclist, and every pedestrian shall obey the instructions of any official traffic control device . . .

INTERESTING ARTICLE:  http://www.timesonline.co.uk/tol/life_and_style/men/article5726827.ece

Seattle Public Utilities has received a lot of press this month after announcing a plan to spend money and time to fix bicycle-UNsafe grates in the City.  PUD’s report identifies 17 different grate types pose hazards to bicycle tires.  The plan includes replacing unsafe grates and evaluating the pavement condition around the grates.

Fixing these is part of the duty the government has to make the roads safe for ordinary travel.  Many of these grate types were plain not developed with bicycle traffic in mind.  The grate holes run parallel with tires and pose the risk of trapping the tire, stopping the front wheel abruptly, and throwing the rider down.  This is not a new risk.  Transportation engineering standards have pointed the problem out since at least 1999.

Reducing these types of surface hazards makes the roads that much safer for bicycles and perhaps encourages more people to get out there and give two-wheeled transportation a go.  May is just a week away – it’s almost Bike Month, baby!

Seattle Public Utilities’ Plan:  http://clerk.ci.seattle.wa.us/~public/meetingrecords/2011/spunc20110412_4.pdf

2008 Seattle PI article on drain grates:  http://www.seattlepi.com/default/article/Cyclists-want-action-on-dangerous-storm-drains-1261495.php

2011 Seattle PI article on drain grates:  http://www.seattlepi.com/local/article/City-3-600-storm-drains-are-bike-hazards-1332158.php

I heard about CLIPP last year. It’s advertised as bicycle-specific insurance. I took a look at the coverage and it didn’t make sense to me (original post) considering the availability of better coverage from auto, homeowner/renter, and health insurances.  Many cyclists don’t realize that auto insurance will be your primary source of coverage if you’re involved in a collision with a car.  Making sure you have adequate coverage there is vital.  See my insurance page and FAQ page for more info on coverage.

What I didn’t know when I posted about CLIPP was what type of company was behind the insurance.  It’s easy to sell insurance – create a small green creature with a down under accent, run funny ads, promise to save people a bit of money.  It’s easy to buy insurance too.  What counts though, is what the company is like to deal with when you need something from them, like, the coverage that you paid for.

I guess there’s not much on CLIPP online because a CLIPP insured down in Texas found my old post and sent me an email.  She was rear ended on her bicycle and made a claim for the property damage.  She’s wishing she never purchased the coverage because the company was basically unresponsive to her claim and her communications.  Bottom line on CLIPP: buyer beware.  You may just be buying a future headache and a lot of frustration.

Lovely Spring Day

I rode over to Fremont today, which was an adventure considering the state of Dexter Avenue.  Repaving is a messy process and right now the north slope of Dexter is a jittery mess.  Barbara said she read something about it being for “the determined cyclist” right now.  True, but we agreed it’s more uncomfortable than dangerous.  Although from the ambiguous warning signs put up by SDOT you’d think there were snipers lining the street “bicycle use extreme caution”  (for what exactly?).

A group of women involved in the cycling world (attorney to bike shop marketeer to cycling club organizer to non-profit director) got together at Hub and Bespoke to rub elbows and talk about changing the culture to one that encourages more bicycle riding.

A great question formed in my mind by the group conversation:  What can I do as an individual to contribute to a culture where people feel safe on bikes?

Some ideas:

Help a coworker find a good route to bike commute on.
Give the rider on the road more than 3 feet of space.
Ride bikes with our children to show them safe practices and encourage them to ride.
Go for a slow ride to introduce a timid friend to the joys of bicycle riding.

I hear it SO much.  The fear people have of riding bikes.  Every other time I mention my job or my hobby or how I got to here or there, someone mentions how risky it is.  As individuals, we need to take steps to change our culture so that people on bikes feel safe.

Bicycles fall under the definition of “vehicle” under Washington law (RCW 46.04.670), but there are a handful of statutes designed especially for bicycles.  One addresses where bicycles riding on the road can legally ride.  For example, sometimes there is a bike lane, sometimes a nice wide shoulder, and sometimes no space at all to ride to the right of the fog line (the solid white line delineating the right edge of a roadway).

The law says that the government must design, construct, and maintain the roads and streets in “reasonably safe condition for ordinary travel.”  What about if you’re in a bike lane?  Or what if you’re riding in a shoulder or just the 12 inches to the right of the fog line?  I was reading a few cases the other day and it looks like the law says you’re still in the roadway.  You are NOT in some no man’s land where the government’s duty to keep the road safe has disappeared.

This makes good sense, otherwise the law is contradicting itself by requiring bicyclists to ride to the right side of the road to reduce conflicts with cars, but then not holding itself to any standard of safety with regard to the roadway surface.

On my commute home, I cross the Rizal Bridge that connects the International District to Beacon Hill.  The Bridge has wide sidewalks with barriers from traffic.  12th Avenue is the roadway going across the Bridge and it’s uphill on my way home.  Cars go at good clip on this section.  There’s no bike lane, just sharrows.  Riding uphill, with cars speeding past me is not fun.  It just freaks me out, so more often than not on this road, I opt for the sidewalk.  Downhill on this road is much better because I can pick up good speed and hold my own.

What does the law say about bicyclists and sidewalks?

The Seattle Municipal code allows bicycles on sidewalks:

SMC 11.44.120 Riding on sidewalk or public path (in part)

Every person operating a bicycle upon any sidewalk or public path shall operate the same in a careful and prudent manner and at a rate of speed no greater than is reasonable and proper under the conditions . . . every person operating a bicycle upon a sidewalk or public path shall yield the right-of-way to any pedestrian . . . shall give an audible signal before overtaking and passing any pedestrian.

If your commute takes you on a road like this, choose whichever path feels safest, just keep in mind that pedestrians rule on the sidewalk so yield to their right of way.

This is my #2 post in a small series about my experience with getting back into regular bike commuting.  When I was racing, I’d go out for long rides, and then come home and get in the car to go out to eat, which always struck me as a funny contradiction.  When I was training, that was the focus.  I’m on a hiatus from racing, and have the flexibility to get on my bike more often for transportation.  My motivations are to use less gas, reduce driving related stress (parking and traffic), and have fun.  Today, I tried out a new commuter bike and pedaled into the office.

Looking at the time stamps on my pictures, I had a driveway-to-office 12 minute commute.  I have to laugh, that’s so short!  No sweating involved as I pretty much coasted down from N. Beacon Hill to the south edge of downtown Seattle.

One of the things about bike commuting, which is analogous to so many things in life, is there’s a certain amount of anxiety and preparation one must push past to get to the good stuff. I was mildly annoyed with the prospect of getting dressed to ride in and then redressing once I got to work. My annoyance mounted a bit as I searched for my lights (tonight I’ll ride from work to the gym). I laughed when I almost got on the bike without any gloves (brrrrrrr). BUT, as soon as I put both feet on the pedals and started whizzing away from my driveway, all of that was gone – I love riding my bike!

Logistical details:

PARKING: There’s a rack out front, but I don’t want to worry about my bike all day. Clarence said his typical hello in the lobby, gave the bike a visual inspection, but no protest as I kicked up the front wheel and loaded Ms. Tomac into the elevator.

SHOWER: A no sweat commute, so no problem that there isn’t one at my office.

BICYCLE: I’ve decided to make my hard tail mountain bike my office bike. I’ll mostly leave it here so that I can hop on to get to the gym or run an errand midday. I swapped out my nubby tires for Geax Street Runners. They are wide, but no tread. The extra cushion, compared to my road bike, is awesome for the nasty street surface of the westbound right lane of Jackson St. The bike still needs fenders, but that’ll be easy since it’s a mountain bike with plenty of clearance above the tires. For pedals, I swapped out my egg beaters for flat, wide free ride pedals so that I can ride with street shoes.

UPDATE:

Total mileage for the day was 5.5 miles:  home–>work–>gym–>home.  The weather turned bit nasty, so my feet were soaked and calves numb by the time I got home, but I still had a smile on my face.  When it’s a short ride, getting wet isn’t as big of a deal.  That said, I’ll definitely throw fenders on next time the weather calls for it.  Oh, and I found out the building I work in has a shower – SCORE.

I’m tired of my own excuses. I’ve spent the vast majority of my miles on the road training for road racing. I use my bike for transportation, but not regularly right now. It’s something I think about a lot, but every time I do I run into all kinds of logistical issues (some real, some imagined) – but how will I get to my 2 pm appointment? There’s no shower at work, how will I pull myself together once I get there? What if I forget some necessary clothing item and I have a client meeting? I just don’t have time to deal with it!

I decided that instead of letting these issues get in my way, I’m going to tackle them head on. This is my first blog entry in a series as I get some of my routines tweaked to accommodate more two-wheeled transportation. I imagine there are plenty like me, so I’ll be the guinea pig. I’m going to blog as I start figuring out how to make this work. Maybe I’ll love it, maybe I’ll decide I’d rather commute via other means, but we’re going to find out together.

The theme on the blog for a bit is bicycle commuting. Follow me as I undertake this challenge!