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  1. #1
    LET'S ROLL 1nterceptor's Avatar
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    Cyclist Wrongly charged on Taking the Lane, Wins

    "Hottman tells us that the cyclist in this case was struck by the vehicle attempting the pass, and it resulted in significant injuries including a shattered pelvis. He was handed the citation at the ER while he was being prepped for emergency airlift helicopter transport. The judge did not find the Jeffco District Attorney met their burden of proof, nor did he find that the statute as written requires a cyclist who has "taken the lane" to move to the right when a car attempts to pass him."

    Read the full article:
    http://303cycling.com/jeff-co-cyclist-fights-back

  2. #2
    24-Speed Machine Chris516's Avatar
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    Quote Originally Posted by 1nterceptor View Post
    "Hottman tells us that the cyclist in this case was struck by the vehicle attempting the pass, and it resulted in significant injuries including a shattered pelvis. He was handed the citation at the ER while he was being prepped for emergency airlift helicopter transport. The judge did not find the Jeffco District Attorney met their burden of proof, nor did he find that the statute as written requires a cyclist who has "taken the lane" to move to the right when a car attempts to pass him."

    Read the full article:
    http://303cycling.com/jeff-co-cyclist-fights-back
    This makes me curious about the thinking behind various portions of the traffic code in my state, specific to cycling on the road.

  3. #3
    Cycle Year Round CB HI's Avatar
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    Although the cyclist was found not guilty, the cop and DA BS means the motorist got away with their reckless driving.

    The cyclist may have prevailed in the legal case, he lost in time and money. I am glad he at least was willing to stand up for cyclist legal rights.
    Land of the Free, Because of the Brave.

  4. #4
    Senior Member rydabent's Avatar
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    Amazing!!!! Common sense and logic won.

  5. #5
    Senior Member rydabent's Avatar
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    Hopefully also the cyclist sued the driver in civil court and won a big judgement.

  6. #6
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    Quote Originally Posted by CB HI View Post
    Although the cyclist was found not guilty, the cop and DA BS means the motorist got away with their reckless driving.

    The cyclist may have prevailed in the legal case, he lost in time and money. I am glad he at least was willing to stand up for cyclist legal rights.
    I wonder if there was (or will be) a followup civil case. Being declared not guilty should help the cyclist if he chooses to pursue a civil case against the motorist for medical expenses, lost wages, pain/suffering/etc.

    This sounds like yet another case where the police make up their mind about fault before ever getting the cyclist's side of the story since he was given the citation while in the ER. A close friend had that happen to him as well. He was quickly taken by ambulance to the ER and while there the responding officer walked in with his accident report already written up based on his interview of the driver. His first words were that the only reason he wasn't issuing a ticket was because of my friend's injuries. Fortunately my friend was able to see that the reported sequence of traffic light changes was inconsistent (the driver claimed the green left-turn arrow appeared at the end of the green cycle whereas at that intersection it always appears at the beginning) and told the officer to go back and observe the light operation. Finally got the report corrected to show that the motorist had made a left turn into my friend when the light changed from green to yellow.

  7. #7
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    Quote Originally Posted by prathmann View Post
    I wonder if there was (or will be) a followup civil case. Being declared not guilty should help the cyclist if he chooses to pursue a civil case against the motorist for medical expenses, lost wages, pain/suffering/etc.
    Ambulance trips and emergency air lifts aren't exactly cheap. I suspect the desire to recoup the costs of the medical expenses were a large part of the motivation to fight the wrongly-issued citation. Perhaps the judge realized this and that is why he was so critical of the wrongheaded interpretation of the law by the cop and DA.

  8. #8
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    Wow-
    That is what passes as a WIN for TAKING THE LANE ?
    YIKES!!

    The driver will certainly claim the rider steered into him-or changed position AFTER the driver started his pass
    Yeah driver will lie-no witnesses-so..
    Rough win!

    Was this in rural Colorado?
    Where was that town that banned riders from the main drag? Think it was a casino town-was it in Colorado?

    Bike riders-definitely have an EASY RIDER problem in rural areas.
    The San Diego sign-more rural folks vs urban cyclist ill will
    Last edited by phoebeisis; 11-30-13 at 08:32 AM.

  9. #9
    Transportation Cyclist turbo1889's Avatar
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    And of course the cyclist who is completely anti-road-rights and wants to deny others their rights has to chime in as well with little to no sympothy and a typical "Blame the Victim" heck continue to "Blame the Victim even after he wins even in court even against bigots like himself wearing uniforms".

    So would a black man walking in the white part of town a few years after the official end of segregation also be at fault "just for daring to be there" as well, phoebeisis?

    As to the Colorado town you keep bring up over and over again, Colorado is very unique among the 50 states as one of the very few that allows local jurisdictions to over-rule state and national traffic laws (in other words local town could if they wanted require cars to drive on the left side of the road instead of the right side if they wanted too) a situation which is being challenged in multiple ways state wide and ultimately I believe will go down.

    Similar question, where local segregation laws for blacks vs. whites also legitimate and did they hold up over time to the challenges brought against them and were the bigots who pushed those such as yourself ultimately victorious or were they ultimately defeated and rightfully so?

    Cyclists like you, some of whom have personally attacked me physically in person are the reason why you don't get support for your bike paths from so many other cyclists because you forcefully and willfully want to destroy our road rights not just an unintended consequence that could arise.

  10. #10
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    Quote Originally Posted by turbo1889 View Post
    And of course the cyclist who is completely anti-road-rights and wants to deny others their rights has to chime in as well with little to no sympothy and a typical "Blame the Victim" heck continue to "Blame the Victim even after he wins even in court even against bigots like himself wearing uniforms".

    So would a black man walking in the white part of town a few years after the official end of segregation also be at fault "just for daring to be there" as well, phoebeisis?

    As to the Colorado town you keep bring up over and over again, Colorado is very unique among the 50 states as one of the very few that allows local jurisdictions to over-rule state and national traffic laws (in other words local town could if they wanted require cars to drive on the left side of the road instead of the right side if they wanted too) a situation which is being challenged in multiple ways state wide and ultimately I believe will go down.

    Similar question, where local segregation laws for blacks vs. whites also legitimate and did they hold up over time to the challenges brought against them and were the bigots who pushed those such as yourself ultimately victorious or were they ultimately defeated and rightfully so?

    Cyclists like you, some of whom have personally attacked me physically in person are the reason why you don't get support for your bike paths from so many other cyclists because you forcefully and willfully want to destroy our road rights not just an unintended consequence that could arise.
    Segregation-Lynchings- = "Take the Lane"

    Fellow bicycle riders physically attacked you over some minor differences in lane position ?

    And they did it in person- not with drones ?

    You need new riding partners.
    Last edited by phoebeisis; 11-30-13 at 03:51 PM.

  11. #11
    Transportation Cyclist turbo1889's Avatar
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    Quote Originally Posted by phoebeisis View Post
    Segregation-Lynchings- = "Take the Lane" . . .
    The attitude and raw hatred and bigotry is the same, as is the mob like mentality of many who want cyclists "The hell off the road, the hell out of the way, and the hell out of their sight." and yes sometimes blood is spilled and cyclists are deliberately murdered and the perps. sometimes get away with it with only the equivalent of a slap on the wrist in the form of a few minor traffic fines if that.

    . . . Fellow bicycle riders physically attacked you over some minor differences in lane position ? . . .
    I had a guy throw a chair at me at a "rails to trails" meeting after he started raising a ruckus about how the program was so flawed because it put long trails out in the middle of know-where where they weren't needed and trails were needed in-town instead in order to get cyclists off the roads in town. I stood up and pointed out that actually the low-speed roads in town were among the last place separate paths were needed due to the low speed allowing cyclists to keep up fairly well in traffic and also that in many areas especially the down-town business district he was referring too (he was ragging about a cyclist who he saw in-traffic in a particular location) there was no room for a separate path because that area is already at full capacity with all the buildings taking up all the land and side-walks right up against the buildings and then the road with no space that was open and cyclists were already permitted to use the side-walks if they chose too but riding in traffic on the road was also completely legal and mentioned that actually usually when I ride in that area the cars are the ones slowing me down rather then the other way around.

    As I spoke he got angrier and angrier and finally threw a chair at me while screaming at the top of his lungs that it was illegal for me to ride in the road and that bikes were only allowed on bike paths or on sidewalks. Scary thing is that a number of people there actually supported him and said that although he shouldn't have thrown the chair at me I did deserve it and that part of the reason for bike paths was to get cyclists off the roads because they shouldn't ride on them.

    In and of themselves I don't have a problem with separate paths, especially when they are done well (which the rails to trails paths tend to be better then most) for other cyclists to use (no skin off my back) and I even will use a good one myself some times when it actually is a better option then the road. But I'm not willing to give up my road rights for a few scatterings of trails many not very good ones that don't go all the places I need to go.

    But when they are being built by these kind of people for the specific purpose of getting cyclists "The hell off the road, the hell out of the way, and the hell out of our sight" I have some very serious qualms about supporting them because of the deliberate intentional plans behind them at least in part by some individuals to use them to circumvent cyclists road rights.


    . . . You need new riding partners.
    I often ride alone, as I clearly point out I am a "Transportation Cyclist" when I need to go somewhere, anywhere for any reason if I have the time and its possible to do it by bike then I do so. I visit relatives and friends that are hundreds of miles away by bike. I grocery shop by bike. I even do runs to the agro-supply store and do supply runs of hundreds of pounds of cargo on a cargo bike pulling a trailer.

    Yes sometimes conditions and time constraints do mean that sometimes I have to use a heavy truck to do the job or even take the car but those are the exception not the norm and I actually drive truck (and I don't mean some piddly little light pickup truck) for necessary hauling runs that I can't do by bike more then I use the car.

    I'm not married and don't have kids, so yes, most of the time I ride alone. Some times the GF does come along though but she is more of jogger then a cyclist and I've got friends who bike as well but they mainly bike for pleasure with a few that will do small grocery runs into town or such but most of them once they got old enough to get a drivers license the bike thing pretty much became a recreation only thing for them.

    It's not my riding partners (the few I have are mainly fair weather only), its the people at some of the advocacy meetings, people I put in the relatives and forced-acquaintance category (people I have to associate with and would not choose as friends if it were my choice) and even total strangers who I have had punish pass me and then screech to a halt in front of me blocking the road (as in vehicle side-ways blocking both lanes both directions, I do not consider stopping and only blocking one lane blocking the road) and then jump out and confront me claiming they are cyclists as well and they don't think I should cycle on the road in question because its "only built for cars" and its two lane narrow with no shoulder edges and that if I'm going to cycle on it I have to stay over and ride the white line (sometimes even complete with a bike rack on the back or top of their cage maybe even with bikes on it).

    I've had some of them call the cops on me and try to report me while claiming they are cyclists as well and that its illegal to ride in or on the road.

    In other words, people like you, phoebeisis, only these ones live where I do and I have to deal with them in person.

  12. #12
    Senior Member bhchdh's Avatar
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    THe Black Hawk, Colorado ban on bicycles was overturned.
    http://www.denverpost.com/ci_2251793...awks-ban-bikes

  13. #13
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    WOW-if you find you piss EVERYONE OFF- even those more or less on the same side-......???
    But you have heard that before.....many times.....
    Oh well......

  14. #14
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    Quote Originally Posted by bhchdh View Post
    THe Black Hawk, Colorado ban on bicycles was overturned.
    http://www.denverpost.com/ci_2251793...awks-ban-bikes
    Thanks-
    Did it take almost 3 years-the article was dated 2013?
    So cities can ban bikes if there is an alternate route within 450 feet?
    This is some sort of Casino town-? Casino gambling legal all over COLO?
    Odd way to raise revenue-Rob Peter to pay Paul who lives in some other state or country-
    dumb since these little Gambling towns usually soak in state residents.
    Our casino gambling-NOLA-and Louisiana in general-big bust-
    Last edited by phoebeisis; 12-01-13 at 05:21 AM.

  15. #15
    Transportation Cyclist turbo1889's Avatar
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    Thank You !!!

    Once again proving that ultimately bigots like phoebeisis who seek to deny cyclists road rights by hook or crook and even sometimes forcible violence will not prevail. Just like the race bigots its only a matter of time before they go down. It can be a long hard fight especially when we have some like him who are attacking us even from within our own ranks.

    By the way as to the rails to trails meeting I was an invited guest with an invitation extended to me to speak by two of the main organizers about how such cycle paths when they cross roadways should get the same right of way treatment as pedestrian paths with dominant cross walks that cars on the road most always yield too just as the must yield to pedestrians in a cross walk with same pavement markings with a grid to make it stand out and yield to peds. & bikes signs and on higher speed roads even flashing lights activated by the push of a button. Pointing out how this was exactly what was done in several bike path crossings and multiple ped. crossings (the flashing light activated by push button thing) in a local town that is significantly more bike and ped. friendly then the town they were meeting in and how it is working and working fine in the other local and it is unnecessary and prejudiced to put up stop signs on a bike path at every road crossing even single resident driveways and always make bikes always yield to cars and not only yield but actually require them to do a full stop yield (stop signs) and that bike path crossings should have the same traditional dominant right of way that pedestrian cross-walks have where the crosswalk is always dominant except for at a signal light intersection.

    I did mention that there should also be warning signs on the bike end of the path telling cyclists to slow and look before crossing but my main point was that making bike path crossings dominant crosswalks is not only feasible and safe and was already being done in another local town without issue but was more in accordance with the traditional mode where ped. cross-walks are dominant and why shouldn't bicycle path crossings have at least equivalent status and no be treated as second class users but rather as the vulnerable users they are with the same level of legal cross-walk protection as peds.

    The individual in question was already upset by my talk about this and repeatably interrupted stating that it was dangerous and stupid for cars to yield to bikes at a path crossing rather then the other way around.

    I mean seriously folks I was an invited guest to speak by two of the main organizers and my primary topic I spoke on was giving bike path crossing the same level of legal status and protection as pedestrian cross-walks instead of putting cyclists in harms way both physically and legally by making them always yield to cars at every road crossing and thus also always be at fault legally if a collision occurs and I'm pointing out a way for you to make your bike paths better and safer and more inviting for cyclists like me to use and I end up getting a chair thrown at me for daring to clearly state on two different topics that bikes are not second class right of way users that must always yield to cars and get out of cars way and are always the one at fault in a collision.

    Cyclists who are anti-cyclists rights (road rights or even separate path crossing rights) are as bad or worse then the most vicious motorists. In fact I strongly believe they are one and the same.

  16. #16
    Transportation Cyclist turbo1889's Avatar
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    As to "p*$$ing everyone off".

    No, just people who get mad when other people dare to actually exercise their rights. Bigots like you phoebeisis. And yes I have taken an active stand against at least one white supremacist group who had a local problem with at one time as well. No violence just stand up and say that such activities are not condoned nor will be tolerated and we know who you are and we are putting what you are doing and what you are saying on your nasty web-forum out in the open so you can't hide behind your pretty face (leader was a chick).



    Point is phoebeisis that you posted on a thread about an injured cyclist being vindicated in court for being charged with a non-existent traffic violation for daring to be on the road and did not post that you had any sympathy for his injuries or that he was wrongly charged. But rather put up a "you got what you deserved" kind of post deliberately and knowingly and publicly on a bicycle forum no less siding with the motorist who hit him and the crooked law enforcement who tried to charge him with a crime when he was committing none and absolve the real perpetrator who hit him in the process.

    Can't you even see even the slightest tint of how much of nasty bigoted tint there was to making a post like that especially with an injured cyclists, especially one wrongly charged, especially after the wrongful charge has been defeated ? Did you actually expect that it would just go over without a stir making such a post under such conditions. It's like planting a flaming cross on King Jr's grave. Your going to be called out for the bigot you are.
    Last edited by turbo1889; 11-30-13 at 07:59 PM.

  17. #17
    Senior Member Shimagnolo's Avatar
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    Quote Originally Posted by phoebeisis View Post
    Thanks-
    Did it take almost 3 years-the article was dated 2013?
    So cities can ban bikes if there is an alternate route within 450 feet?
    This is some sort of Casino town-? Casino gambling legal all over COLO?
    Odd way to raise revenue-Rob Peter to pay Paul who lives in some other state or country-
    dumb since these little Gambling towns usually soak in state residents.
    Our Gambling-NOLA-and Louisiana in general-big bust-
    Only Black Hawk and Central City have gambling.
    Both towns have since turned into holes that are nothing but parking lots around monster casinos.
    And here are the punchlines for the Black Hawk ban:
    - The speed limits are 15mph.
    - There is no record of there ever having been a cyclist/auto collision.

  18. #18
    Transportation Cyclist turbo1889's Avatar
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    And since phoebeisis primary cause is to violate the rights of cyclists to "taking the lane" when necessary for legitimate safety reasons and instead force them by hook or crook or if necessary force of violence to religiously hug the curb or white line the question next comes up if the Black Hawk city ban was the result of cyclists taking the lane or if the motorists of Black Hawk just wanted cyclists off the road period including the curb and line hugger and not just the lane takers (which in my experience at least up in my area most cyclists don't take the lane even when they should). I sincerely doubt its the former and much more likely the latter where the motorists just wanted cyclists "The hell off the road, the hell out of the way, and the hell out of their sight" regardless of lane position. Especially considering the 15-mph speed limit. Heck maybe they were upset with cyclists speeding and going faster then that, would make more sense. (In which case the solution is to give them speeding tickets right along with speeding cars, not ban them from the road.)

  19. #19
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    turbo1889, please leave the thread.
    Strike like an eagle and sacrifice the dove.
    Words and Stuff.

  20. #20
    Transportation Cyclist turbo1889's Avatar
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    Are you a mod or administrator? If so I will comply because right or wrong I will respect the mods and admins and obey their directives and move on to elsewhere since I don't own the forum.

  21. #21
    Senior Member Shimagnolo's Avatar
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    Quote Originally Posted by turbo1889 View Post
    Are you a mod or administrator? If so I will comply because right or wrong I will respect the mods and admins and obey their directives and move on to elsewhere since I don't own the forum.
    Pssst; Blue star next to the name is a mod.

  22. #22
    Hey guyz? Guyz? Wait up!! Siu Blue Wind's Avatar
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    Two years as a member and it should be known. And by the way, three blue stars means admin. Please leave this thread. And thank you for respecting this.

    Siu Blue Wind
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    Quote Originally Posted by making View Post
    Please dont outsmart the censor. That is a very expensive censor and every time one of you guys outsmart it it makes someone at the home office feel bad. We dont wanna do that. So dont cleverly disguise bad words.

  23. #23
    Transportation Cyclist turbo1889's Avatar
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    Blue Stars = mod/admin. Thank You. Understood, leaving thread.

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    If the motorist had struck a slow moving tractor or construction vehicle would the police still have charged the driver of the other vehicle? Probably not, right. I can only assume the motorist would have received a ticket for "performing an unsafe pass" or similar infraction - but hey, in this case it was just an unprotected person on a silly two wheeled toy so, clearly, the cyclist's fault.

    It's really hard to fathom the logic in issuing the ticket to the cyclist. Furthermore, you would have to assume that this road, however narrow, if designated as a two lane road there should have been enough room for the passing vehicle to enter the oncoming lane and safely pass the cyclist (presumably in the middle of the lane) without hitting them. Is it too much to ask that drivers actually be able to, oh I don't know, drive safely?
    Last edited by Digitalfiend; 11-30-13 at 10:31 PM.
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  25. #25
    24-Speed Machine Chris516's Avatar
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    Quote Originally Posted by turbo1889 View Post
    And of course the cyclist who is completely anti-road-rights and wants to deny others their rights has to chime in as well with little to no sympothy and a typical "Blame the Victim" heck continue to "Blame the Victim even after he wins even in court even against bigots like himself wearing uniforms".

    So would a black man walking in the white part of town a few years after the official end of segregation also be at fault "just for daring to be there" as well, phoebeisis?

    As to the Colorado town you keep bring up over and over again, Colorado is very unique among the 50 states as one of the very few that allows local jurisdictions to over-rule state and national traffic laws (in other words local town could if they wanted require cars to drive on the left side of the road instead of the right side if they wanted too) a situation which is being challenged in multiple ways state wide and ultimately I believe will go down.

    Similar question, where local segregation laws for blacks vs. whites also legitimate and did they hold up over time to the challenges brought against them and were the bigots who pushed those such as yourself ultimately victorious or were they ultimately defeated and rightfully so?

    Cyclists like you, some of whom have personally attacked me physically in person are the reason why you don't get support for your bike paths from so many other cyclists because you forcefully and willfully want to destroy our road rights not just an unintended consequence that could arise.
    Colorado is not entirely unique, at least where cycling laws n' ordinances are concerned. While I don't ride on the sidewalk, the state says it is illegal to ride on the sidewalk, but says the counties have the right to agree or disagree. The county says a cyclist can ride on the sidewalk BUT, in turn says the individual cities n' towns can side with the state or the county. The city closest to me, sided with the state. While the next city south of me sided with the county.

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