Bike photos by Steve Magas, a race in Walnut Hills, a bike rack at Ride Cincinnati, A ghost bike dedication ceremony and a beautiful bike bell

Protecting The Rights Of Those Who Ride

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.

Cincinnati wants YOUR input

From the Enquirer blogs…

Cincinnati wants to know: What would it take to get you to ride a bicycle to work, to the grocery store, etc.?

There’s a public hearing Thursday, 7-9 p.m., at the McKie Recreation Center, 1655 Chase Ave., Northside. City leaders want to know what they can do to make you ride your bike more. The answers might be part of a new comprehensive bike plan ”that will outline the changes needed to turn Cincinnati into a world class, bicycle friendly city like Portland, Chicago, or San Francisco,” the statement said.

“We want average Cincinnatians to be able to incorporate cycling into their daily routine, for exercise, short errands, and even commuting to work,” Michael Moore, interim director of the Department of Transportation and Engineering, said in a statement today. ” That might mean we need to build more trails, more on-street bike lanes, or offer bicycle safety classes; we need the public to tell us what it would take to get them back on a bicycle.”

You can check out the city’s “Bike Plan” and add YOUR two or three cents.

Cyclists on Road


NEW WEBSITE KEEPS TRACK OF CYCLING TROUBLESPOTS

Joe Mizereck is a busy guy.   He runs a site called Three Feet Please There he advocates for the passage of “Three Foot Laws” – laws that require cars to pass cyclists by at least three feet.  He sells a “Three Feet Please” jersey,which is pretty cool. I just ordered mine.

Joe just started a new webpage – a special page for keeping track of cycling’s hot spots.  You can see it here. Road Guardian is a place where YOU can go to list problem areas you encounter as you’re out on the roadway.  You just register to become a user and then you can list the spot where the dog almost got you or where the van full of thugs ran you off the road.

Road Guardian header

This is no substitute for contactng local authorities and following through legally. However, this could provide cyclists with a real advantage in the “Dog Wars” where the dog[s] chases cyclists all the time.  You can document your encounters on the map, listing the street and exact GPS location of your incident along with any other info.

Good ideas!

Steve Magas
The Bike Lawyer


“Tasered Cyclist” Google Search

Sadly,  searched Google for “tasered cyclist” and got 300,000 hits… I guess Ohio isn’t the only place this happens…

Portland

Minneapolis Airport

Another article about the Minneapolis incident

Video in Lubbock, TX

San Jose

and a new one…. in Pensacola Florida where an officer tried to get a cyclist to pull over.  When the cyclist did not pull over, the officer TASERed him from the car while the cyclist rode ahead.  The Taser connected and allegedly caused the cyclist to crash [Duh…] and the cop then ran over the cyclist and killed him!

EARNS TASER


LIVESTRONG Day – Did you know LANCE was Uninsured?

Today is “LiveStrong” Day.  While I am generally not a fan of artificial holidays, this one is important.  It’s the date that Lance Armstrong was told some 13 years ago that he had advanced testicular cancer.  In an email sent to the LiveStrong supporters today Lance tells another story about that time – Lance DIDN’T HAVE HEALTH INSURANCE when that diagnosis was made.

Below is the email from Lance and the LiveStrong organization.  Having watched both my mom and my dad succumb to cancer, I have always found the efforts of Lance and the LiveStrong organization to raise money to fight cancer to be a wonderful thing – the perfect spokesperson at the perfect time.  I am wearing my yellow bracelet right now.   I wasn’t aware of Lance’s insurance problems though.

As one who spends his days fighting insurance companies on every case, I am certainly well aware of how stubborn, tricky and problematic they can be.  Take a minute to read Lance’s email and check out the sites…

EMAIL FROM LANCE ARMSTRONG/LIVESTRONG

Today is LIVESTRONG Day. Thirteen years ago today, my doctor told me I had advanced testicular cancer. What most people don’t know is that at the time, I didn’t have health insurance. In the following weeks, I received letter after letter from the insurance company refusing to pay for my treatment. I was fighting for my life—but also for the coverage that I desperately needed.

The legislation currently being debated in Congress is not just words on a page—for many cancer survivors, it’s a matter of life and death. Now, as this debate enters crunch time, I need your help to ensure that what happened to me doesn’t happen to any other American:

http://www.livestrongaction.org/campaigns/healthcare

No matter what side of the healthcare debate you’re on, I believe we can all agree on two things:

No American should be denied health insurance coverage because of pre-existing conditions.

No American should lose their insurance due to changes in health or employment.

Will you sign the LIVESTRONG Action petition to make sure any legislation includes these two critically important reforms? We’ll deliver these to Capitol Hill this month as the debate reaches its climax and make sure our voices are heard in the debate:

http://www.livestrongaction.org/campaigns/healthcare

When I received my diagnosis, I was between cycling contracts. My new insurer used the diagnosis as a reason to deny coverage after the new contract was signed. Fortunately, one of my sponsors intervened. At their insistence, I was added to their insurance company and was able to continue my life-saving treatment. If my sponsor, a powerful company, had not gone to bat for me, I may not have made it.

I was lucky. We can’t rely on luck to ensure coverage and treatment for the millions of Americans affected by cancer. Some cannot get coverage because they’ve already been diagnosed. Others get calls from their insurance companies saying they have been dropped. It happens all the time—and it’s unacceptable.

Every year on LIVESTRONG Day, we come together to take action for a world without cancer. In the U.S., a critical step is to make sure cancer survivors can get and keep their health insurance.

It has been 13 years since my diagnosis, but in some ways, not much has changed. No person should have to worry about health insurance while battling cancer. That so many do is an outrage, and we must speak out.

Please sign the petition and forward it along to your friends and family:

http://www.livestrongaction.org/campaigns/healthcare
LIVESTRONG,

Lance and the LIVESTRONG Action Team


Three Foot Law in the News

The Ohio Bicycle Federation teamed up with State Senator Teresa Fedor to introduce a Bicycle Safety bill in the Ohio Legislature.  The bill, SB 174, would establish a minimum safe passing distance of three feet when a vehicle passes a bicycle.  This bill has been getting some airplay in the media…

From Bill Cohen

Progress Ohio

and a video of the news conference

I still remember the “Old Days” when we couldn’t get legislators, local state or national, to return our calls!  More later on how YOU can become an ADVOCATE and support the bill!

Steve Magas

The Bike Lawyer


3 Foot Passing Law Introduced in Ohio

The Ohio Bicycle Federation’s Board of Trustees has been working on a number of improvements to Ohio’s “Bike Laws” including a “3 Foot Law.”  On September 28, the 3′ Law was introduced in the Ohio legislature.

The OBF is working with Ohio State Sen. Teresa Fedor, a Democrat from Toledo, who became the primary sponsor of the BIll and who introduced the bill tothe media along with Mark Wagoner, a Republican, at a press conference on the Statehouse lawn on September 28.

While the law is not without problems, and critics, already, its introduction is an indicator of a renewed interest in Safety in Columbus that bodes well for cyclists.

The full text of the bill is published below!  The key language to note is NOT that “three feet” is the required distance.  Rather, the bill reads that “a safe distance” is required when passing ANY vehicle.  The bill adds that  “When a motor vehicle overtakes a bicycle, the safe passing distance shall be not less than three feet….”

So a “SAFE DISTANCE” is always required.  That distance shall never be less than 3 feet, although it COULD be more than three feet…

Good luck and good riding!

Steve Magas

The Bike Lawyer [and OBF Board Member]

3-feet-please-715726

===  FULL TEXT OF THREE FOOT PASSING BILL ===

LSC 128 1077

128th General Assembly

Regular Session . B. No.

2009-2010

A B I L L

To amend section 4511.27 of the Revised Code to

establish a safe passing distance between a motor

vehicle and a bicycle.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 4511.27 of the Revised Code be

amended to read as follows:

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Sec. 4511.27. (A) The following rules govern the overtaking

and passing of vehicles or trackless trolleys proceeding in the

same direction:

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(1) The operator of a vehicle or trackless trolley overtaking

another vehicle or trackless trolley proceeding in the same

direction shall, except as provided in division (A)(3) of this

section, signal to the vehicle or trackless trolley to be

overtaken, shall pass to the left thereof at a safe distance, and

shall not again drive to the right side of the roadway until

safely clear of the overtaken vehicle or trackless trolley. When a

motor vehicle overtakes a bicycle, the safe passing distance shall

be not less than three feet.

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(2) Except when overtaking and passing on the right is

permitted, the The operator of an overtaken vehicle shall give way

to the right in favor of the overtaking vehicle at the latter’s

audible signal, and the operator shall not increase the speed of

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the operator’s vehicle until completely passed by the overtaking

vehicle.

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(3) The operator of a vehicle or trackless trolley overtaking

and passing another vehicle or trackless trolley proceeding in the

same direction on a divided highway as defined in section 4511.35

of the Revised Code, a limited access highway as defined in

section 5511.02 of the Revised Code, or a highway with four or

more traffic lanes, is not required to signal audibly to the

vehicle or trackless trolley being overtaken and passed.

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(B) Except as otherwise provided in this division, whoever

violates this section is guilty of a minor misdemeanor. If, within

one year of the offense, the offender previously has been

convicted of or pleaded guilty to one predicate motor vehicle or

traffic offense, whoever violates this section is guilty of a

misdemeanor of the fourth degree. If, within one year of the

offense, the offender previously has been convicted of two or more

predicate motor vehicle or traffic offenses, whoever violates this

section is guilty of a misdemeanor of the third degree.

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Section 2. That existing section 4511.27 of the Revised Code

is hereby repealed.

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. B. No. Page 2

LSC 128 1077


Ironton Tribune reports on Tasered Cyclist case

My client was TASER-ed by police down in Lawrence County, Ohio.   His crime?  “Riding a Bike on the Roadway.”

He was charged with a variety of crimes when he refused to stop riding on the road just because an officer told him to “Get off the [expletive] road”.  The officer ultimately TASER-ed him.  A second officer from a neighboring jurisdiction also TASERed him.  He was attacked with a baton, TASER-ed, arrested, handcuffed, jailed and charged.  He retained a criminal lawyer and fought the charges.  His lawyer did an excellent job of arguing to the court that since the officer had no legal right to order him off the road, everything that flowed thereafter was not admissible.  ALL charges were dismissed.  No appeal was taken.

taser webpage

The Ironton Tribune published an article about a lawsuit I recently filed involving my TASERed client.  You can read the article here.

Bicycling Magazine also ran two lengthy articles about the case.  The primary article, written by Bob Mionske, can be found here

A police officer wrote a response in Bicycling Magazine here .

The TASER-ing of my client set off a firestorm in the cycling world.  With the lawsuit now filed, the facts will be developed the way they should be, in depositions and hearings with witnesses placed under oath.  Stay tuned for further developments!

Steve Magas

The Bike Lawyer
“Protecting the rights of those who ride…”


Small Victories

On August 18, 2009, a cyclist was injured at Paddock Road and Seymour Ave.  He was coming down Paddock with the intention of going straight through the intersection.  A motorist coming the other way on Paddock [i.e., approaching the cyclist] had the intention of turnign left.  The cyclist recalls the light was green, he entered the intersection and then got WHACKED by the 2007 Town and Country van that turned left in front of him.

The EMTs arrived. The cyclist was out of it. In fact, he was not conscious until 2 hours later!

To say he was surprised when a cop showed up and gave HIM a ticket is an understatement, to say the least.

The cyclist got the police report.  In the “Narrative” section the cop wrote “Unit 1 [the cyclist] traveling westbound on Paddock failed to stop at crosswalk where the light stated “Do Not Walk” and struck Unit 2 [the van]”

Say WHAT?

Paddock and Seymour is big, hairy complex intersection.  The cyclist assured me that he was in the lane furthest to the right on Paddock that went straight through the intersection and that the light was green.

We went to court yesterday.  The charge, despite the “narrative” was clearly going to be a red light violation – i.e., that the cyclist ran the red light.  A witness, not listed on the police report, was subpoena’d by the Prosecutor.  The witness obeyed the subpoena and showed up, thankfully, then met privately with the prosecutor and the officer.  When they emerged the prosecutor advised me that the witness COMPLETELY VERIFIED the cyclist’s version of events.  The cyclist was riding lawfully, in the “straight ahead” lane to the witness’s left.  The witness was turning right.  The light was green.

In light of that, the officer recommended, and the prosecutor agreed, that the charges should be dropped.  The Prosecutor advised the judge that they wanted to drop all charges, and the charges were dropped!

Next step – pursue the motorist’s auto insurance carrier for damages – including smashing a $1000 bike and the cyclist to suffer  variety of injuries, incur medical expenses, suffer lost wages and lose out on the enjoyment of his life!

We are very happy for small victories… in this case those SMALL VICTORIES included:

– A witness who gave her name and contact information to police at the scene and wasn’t afraid to “get involved” as many are today.

– A witness who obeyed the subpoena and showed up for court.

– A police officer and prosecutor who were not afraid to admit that they were wrong

– A police officer and prosecutor who were not afraid to tell the court that they screwed up and the case should be dismissed.

THANKS!

Steve Magas
The Bike Lawyer

magaslogo Square


Bike Art! Toooo Cool

Of all places, Woman’s Day magazine did an article about some cool artists… featuring… The Bike!  You can check it out here… some of the pix are posted below!

Nulla - Nothing - Bike

Cardboard Bike


Casual cyclists aren’t the only facing traffic hassles

Check out this article in Cycling News.  You’d think racers… on a closed course… fighting for the lead at the end of a race … would NOT be hassled by cars right?  Not so… you can click the link here or read on below!

Traffic havoc impacts overall Missouri fight

By:
Kirsten Robbins
Published:
September 12, 08:28,
Updated:
September 12, 11:37
Edition:
First Edition Cycling News, Saturday, September 12, 2009
Race:
Tour of Missouri, Stage 5
Gustav Larsson (Saxo Bank)Gustav Larsson (Saxo Bank)

Borrajo hit by car in Missouri TT

Dangerous driving from event vehicles caused two race altering incidents at the Tour of Missouri stage five time trial today, including one rider who was hit by a car. Colavita-Sutter Home’s Anibal Borrajo bore the brunt of the two incidents, when he was hit by an event VIP car driving on course during the final two kilometres of his time trial. He was bumped off the road and into the grass, sustaining minor road rash.

“It was an organisation car,” Borrajo said. “I went to take the corner on the inside and the car was in front of me. Before the turn I waved at them to move. I don’t know if they saw me. I was faster and I cut the right hand turn on the inside but she did the same as me and hit me. The girl in the car stopped and asked me if I was OK and I told her yes.”

He broke his front wheel in the accident, but making matters worse he had no team chase car and neutral support was nowhere in sight. He waited nearly 10 minutes at the side of the road until the Columbia- HTC team car approached. The car stopped to assist Borrajo so that he could ride back to the finish line.

“After, the Columbia car stopped and gave me a wheel,” he continued. “I want to say thanks to them for helping me.”

The second incident happened during Gustav Larsson’s time trial. All eyes were on the Swedish time trial specialist as one of the favourites to win the event. However two lead motorcycles slowed down and stopped inside a right-hand turn with three kilometres remaining. Larsson braked hard and narrowly avoided hitting one of the motorcycles. He built his speed back up, only to run into the same two motorcycles in the next corner forcing him to come to a stop a second time.

“It was so annoying that they didn’t see me and it happened twice in the last few kilometres,” said Larsson, who thinks he lost approximately 15 seconds due to the traffic. “You know you lose a lot of momentum and power because you have to stop and start and I was so close to crashing both times. I was full on braking and skidding with my back wheel going sideways just to not hit it, but I was so close.

“It was really annoying that they didn’t see me and that they didn’t move after the first time,” he added. “After the first time you think they would actually move out and make room for the second corner but it happened again – it’s really annoying.”

Despite the two incidents on the time trial course today all 115 riders will start stage six tomorrow, a 177-kilometre road race beginning in Chillicothe and ending in St. Joseph. Larsson finished 30 seconds behind stage winner David Zabriskie (Garmin-Slipstream) and is currently in second place overall.

Borrajo finished his time trial in 46’05” and fell outside of the 25-percent time cut rule. Given the nature of his accident, race officials did not enforce the time cut, allowing him to start stage six.