NJ cyclist, NJ Supreme Court really screwed you
03-16-12, 10:20 AM
#126
Senior Member
I think these wipe-outs have something to do with road bikes. I will make an arguement for "Human Powered Vehicles". I have followed the developments in Motorcycle Technology, since the 1920's, and there are a few things Bicyclers could learn.
Did you know that in order for a motorcycle to be legal, it must have a wheelbase of at least forty-five inches? This is what keeps riders from being catapulted over the handlebars whenever they hit a pothole or "surface depression".
I'm highly in favor of semi-recumbent bicycles, or "crank forward" designs. Also I do not recommend riding very fast unless the route has been inspected earier in the week. Every Bicycle Club should have a rotational duty roster, and someone has to inspect the course, and remove any debris hazards as much as posible, and report back to the other members of theBicycle Club before the ride. I'm in favor of having a motorcycle escort on any group bicycle ride.
Did you know that in order for a motorcycle to be legal, it must have a wheelbase of at least forty-five inches? This is what keeps riders from being catapulted over the handlebars whenever they hit a pothole or "surface depression".
I'm highly in favor of semi-recumbent bicycles, or "crank forward" designs. Also I do not recommend riding very fast unless the route has been inspected earier in the week. Every Bicycle Club should have a rotational duty roster, and someone has to inspect the course, and remove any debris hazards as much as posible, and report back to the other members of theBicycle Club before the ride. I'm in favor of having a motorcycle escort on any group bicycle ride.
03-16-12, 10:35 AM
#127
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They are vehicles... That was about a pothole / depression incident...
Basically that case was saying that when that woman was riding on the SHOULDER (NOT part of the roadway and NOT a designated bike lane) and hit that whatever and fell and died, her husband had no recourse to sue the county, because of it..
Sucked bad too! So basically, if you're not far right on the roadway and something happens, you can't sue because, basically they said the roadway shoulders of NJ are not "bike compatible" nor are they maintained in such a way as to allow riding on them... (Although they are "car compatible", because cars have "better tires"... --- I'm paraphrasing a bit, but that's the gist of it!) Oh and the shoulder is only to be used for emergency parking and the like..
Here is the statute about bicycles actually being vehicles...
39:4-14.1 Rights, duties of bicycle riders on roadways, exemptions.
16. a. 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 by chapter four of Title 39 of the Revised Statutes and all supplements thereto except as to those provisions thereof which by their nature can have no application.
Regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein.
Basically that case was saying that when that woman was riding on the SHOULDER (NOT part of the roadway and NOT a designated bike lane) and hit that whatever and fell and died, her husband had no recourse to sue the county, because of it..
Sucked bad too! So basically, if you're not far right on the roadway and something happens, you can't sue because, basically they said the roadway shoulders of NJ are not "bike compatible" nor are they maintained in such a way as to allow riding on them... (Although they are "car compatible", because cars have "better tires"... --- I'm paraphrasing a bit, but that's the gist of it!) Oh and the shoulder is only to be used for emergency parking and the like..
Here is the statute about bicycles actually being vehicles...
39:4-14.1 Rights, duties of bicycle riders on roadways, exemptions.
16. a. 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 by chapter four of Title 39 of the Revised Statutes and all supplements thereto except as to those provisions thereof which by their nature can have no application.
Regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein.
Would you say the state would have to assume responsibility if the woman had hit a pothole "in" the roadway?
03-16-12, 11:15 AM
#128
Banned
Going by the NJ supreme court's interpretation, the answer would be no, by their definition, NJ roadways, without specific bike infrastructure in place, were not designed for bicycle travel. Basically saying, "Ride at one's own risk".
03-16-12, 11:25 AM
#129
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I think these wipe-outs have something to do with road bikes. I will make an arguement for "Human Powered Vehicles". I have followed the developments in Motorcycle Technology, since the 1920's, and there are a few things Bicyclers could learn.
Did you know that in order for a motorcycle to be legal, it must have a wheelbase of at least forty-five inches? This is what keeps riders from being catapulted over the handlebars whenever they hit a pothole or "surface depression".
Did you know that in order for a motorcycle to be legal, it must have a wheelbase of at least forty-five inches? This is what keeps riders from being catapulted over the handlebars whenever they hit a pothole or "surface depression".
I'm highly in favor of semi-recumbent bicycles, or "crank forward" designs. Also I do not recommend riding very fast unless the route has been inspected earlier in the week. Every Bicycle Club should have a rotational duty roster, and someone has to inspect the course, and remove any debris hazards as much as possible, and report back to the other members of theBicycle Club before the ride. I'm in favor of having a motorcycle escort on any group bicycle ride.
03-16-12, 05:21 PM
#130
Cycle Year Round
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Anybody can choose to sue. "Contingency" is not a requirement of bringing a suit. Obviously, if you can't afford it, you can't get it (that's an economic argument).Clearly, a lawyer isn't going to take on a contingency case unless there's a good probability of winning (and, obviously, they would take legal history into account in determining the probability). No doubt, this case reduces that probability somewhat.
I know at least one person in NJ who has recently recovered (possibly by settling) damages for roadway defects.
They were on a bike (that is reasonable to assume given the topic of this thread).
The defect was a lump in the asphalt at the end of a patched trench (some sort of utility work?).
I'm not sure if it the agency was notified of the issue before hand. (Notification before hand is almost a requirement for liability.)
The defect was a lump in the asphalt at the end of a patched trench (some sort of utility work?).
I'm not sure if it the agency was notified of the issue before hand. (Notification before hand is almost a requirement for liability.)
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03-16-12, 06:35 PM
#131
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So if the lawyers will not take the case on continency, and the people do not have the money to hire a lawyer without contingence and legal aid will not take the case for free (which they tend not to do for civil suits like this) and the people do not have the knowledge to file and go to trial pro-se, then how do they sue?
When in the US is suing somebody ever free?(Contingency cases cost the lawyer time/money, so they are not free Legal aid costs time/money too.)
03-16-12, 06:52 PM
#132
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Time to join the real world rather than trying to switch the point.
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03-16-12, 07:06 PM
#134
Cycle Year Round
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Which has no bearing on if others are able to get a lawyer to take a case on contingency if they do not have enough money to hire a lawyer. Focus just a little bit please.
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03-16-12, 07:12 PM
#135
The Drive Side is Within
New Jersey and you...
https://www.youtube.com/watch?v=6yUsnESf3Ug
... perfect together.
I used to watch "The Uncle Floyd Show" (Floyd Vivino) on NJN growing up... we'd wheel it in from over in Penn. I remember this commercial from back in the day.
https://www.youtube.com/watch?v=6yUsnESf3Ug
... perfect together.
I used to watch "The Uncle Floyd Show" (Floyd Vivino) on NJN growing up... we'd wheel it in from over in Penn. I remember this commercial from back in the day.
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The bicycle, the bicycle surely, should always be the vehicle of novelists and poets. Christopher Morley
The bicycle, the bicycle surely, should always be the vehicle of novelists and poets. Christopher Morley
03-16-12, 07:15 PM
#136
The Drive Side is Within
I think these wipe-outs have something to do with road bikes. I will make an arguement for "Human Powered Vehicles". I have followed the developments in Motorcycle Technology, since the 1920's, and there are a few things Bicyclers could learn.
Did you know that in order for a motorcycle to be legal, it must have a wheelbase of at least forty-five inches? This is what keeps riders from being catapulted over the handlebars whenever they hit a pothole or "surface depression".
I'm highly in favor of semi-recumbent bicycles, or "crank forward" designs. Also I do not recommend riding very fast unless the route has been inspected earier in the week. Every Bicycle Club should have a rotational duty roster, and someone has to inspect the course, and remove any debris hazards as much as posible, and report back to the other members of theBicycle Club before the ride. I'm in favor of having a motorcycle escort on any group bicycle ride.
Did you know that in order for a motorcycle to be legal, it must have a wheelbase of at least forty-five inches? This is what keeps riders from being catapulted over the handlebars whenever they hit a pothole or "surface depression".
I'm highly in favor of semi-recumbent bicycles, or "crank forward" designs. Also I do not recommend riding very fast unless the route has been inspected earier in the week. Every Bicycle Club should have a rotational duty roster, and someone has to inspect the course, and remove any debris hazards as much as posible, and report back to the other members of theBicycle Club before the ride. I'm in favor of having a motorcycle escort on any group bicycle ride.
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The bicycle, the bicycle surely, should always be the vehicle of novelists and poets. Christopher Morley
The bicycle, the bicycle surely, should always be the vehicle of novelists and poets. Christopher Morley
03-16-12, 08:09 PM
#137
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To answer an earlier question about "Do I have to follow traffic laws when on the shoulder"?
Yeah, if you want to cross a road(way), you better!
MY question is, if you're riding and not crossing a roadway, can you ride drunk and not get a DUI or BUI as some states call them..
(I'm sure you can still get an intoxicated inpublic charge....
Which would be worse tho?)
And the other poster was correct, the original link was NOT an "official" document...
We would need the actual case log..
(which will probably never happen)
Yeah, if you want to cross a road(way), you better!
MY question is, if you're riding and not crossing a roadway, can you ride drunk and not get a DUI or BUI as some states call them..
(I'm sure you can still get an intoxicated inpublic charge....
Which would be worse tho?)
And the other poster was correct, the original link was NOT an "official" document...
We would need the actual case log..
(which will probably never happen)
03-17-12, 12:52 PM
#138
Senior Member
03-17-12, 06:40 PM
#139
Cycle Year Round
Thread Starter
I suspect the cyclist pushing too hard for motorcycle ******* during club rides will be the one booted out.
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