THREE CRIMINAL CASES SET FOR TRIAL IN FEBRUARY
I am well into researching my Report on All Ohio Cycling Fatalities. Part of the report will be tracking any criminal cases arising from the crashes. THREE of them are set for trial in February, 2011!
Steve Magas is Ohio's Bike Lawyer. He has written about Ohio Bike Laws, bike crashes, bicycle advocacy and court cases for some 30 years. Soon we'll be adding a series of features about your favorite Ohio bike shops.
I am well into researching my Report on All Ohio Cycling Fatalities. Part of the report will be tracking any criminal cases arising from the crashes. THREE of them are set for trial in February, 2011!
How many cyclists died on Ohio’s roads in 2010? Well, that depends on which reports you look at.
My project to review every cycling death in Ohio is well under way, and I’ve already found a significant error in the numbers generated by the Ohio Department of Public Safety! Their report says cyclists were involved in 11 fatal crashes, but my research says 9 cyclists were killed. Get this… WE’RE BOTH RIGHT… read on to see why!
From Black Dog Pro Cycling comes this outstanding article on why every cyclist, but especially those who ride on the road regularly, should ride with a Garmin or other GPS device tracking their ride.
Riding Confidently, Legally, and Safely
Produced by the Ohio Department of Transportation; funded by FHWA/USDOT. Significant portions of the publication are reproduced with permission from Bicycling Street Smarts: Riding Confidently, Legally, and Safely, by John S. Allen, published by Rubel BikeMaps and copyright 1988, 2001 Rodale Inc.
This manual teaches safe bicycling techniques on public roads and streets, but only you can assure your own safety. Users of this manual assume full responsibility for their own actions and safety.
OHIO REVISED CODE — BICYCLE LAWS Read the rest of this entry »
As 2010 draws to an end I am announcing the beginning of an exciting new project. I have begun collecting the accident reports of every fatal bike crash in Ohio for 2010. My plan is to review these reports independently in order to figure out what happened and why in each case, to search for common themes, mistakes and problems and to provide a written summary of my findings. My hope is to have the report ready to release by May 1, the start of “Bike Month,” or by the Ride of Silence.
Remember these names – Dr. Steven Milo – Mark Hurlbert – Martin Erzinger. They are at the center of a huge controversy in a Colorado “bike” case which has resulted in an absolute travesty of justice. Read the rest of this entry »
Usually diamond-shaped and yellow, these “warning signs” caution drivers that the road is slippery when wet; there is an intersection ahead, the lanes narrow, or there may be bicyclists, farm animals, or wildlife on or near the roadway. Somehow cyclists are supposed to be comforted by the notion that Big Brother is “protecting” us by putting out a “warning” that we are nearby – as though we are a hazard to motorists, like deer leaping from the woods or kids darting out after a ball.
They might as well put up “Bikes Might Be In Your Way” signs… Read the rest of this entry »
On August 11, 2011 I was invited to speak at a government meeting… boring, eh? Not really. This was a meeting of the CACC – Connecting Active Communities Coalition. The CACC is a coalition [duh!] of several local communities which want to improve CYCLING jointly by adopting laws and policies which benefit cyclists, making roads safer and otherwise becoming more “Bike Friendly.”
There was concern within the group over the legal end of things and I was invited to provide some background into the history of “bike laws.” Little did they know they were getting The Full Monte – an hourlong dog & pony show complete Powerpoint, funny pictures, a history lesson, and “war stories” from some of my more notable cases. Read the rest of this entry »
GREAT Question from JENNIFER in Columbus, Ohio
Q: Hey Steve, can you comment on the vehicular homicide charges with the upper sentence being a big fat 90 days. (in light of the Michelle Kazlausky case). How can homicide be 90 days. is this the same no matter who is killed? etc. Thanks Steve!
A: Jennifer, GREAT question. In criminal law, the stiffer sentences are based on a higher degree of ‘intent’ and not so much necessarily on the results of behavior. The “culpable mental state”, or the ‘intent tree,’ goes something like this – a true accident [no fault] is on the bottom, followed by negligence or carelessness, then gross negligence, recklessness and willful or wanton conduct. True “intentional” conduct is at the top as well as acting “with purpose” and acting “knowingly”.
The Bike Lawyer’s FACEBOOK page has been up and running for some time now. I post stories about bicycle/car crashes, legal tidbits, humorous items and more on a regular, daily basis.
Many of the stories I post come from an excellent site, Cyclists Against Reckless Drivers, or CARD, which is run by a fellow out of Arizona, Steve Donaldson. Steve does an outstanding job of publicizing stories from all over the country of crashes involving cyclists – mostly crashes caused by careless, drunk or stupid motorists.
Enjoy!
Steve Magas
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