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Old 06-28-08, 05:18 AM   #1
cranky old dude
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Another one hits the pavement

This is great....http://www.democratandchronicle.com/...EWS01/80627059

Thats a four lane road intersecting with a four lane road. If I place it correctly
it's uphill on Exchange and up hill on Broad accross the river. Around here, the
Police are always "in the right". I can imagine that the cyclist was just a little
too slow at getting over to the right after making his turn. Poor guy, I hope he's
O.K.
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Old 06-28-08, 05:55 AM   #2
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"The cyclist reportedly did not keep right and was traveling along the white dotted line in the middle of the road when the police car struck him, Yost said."

From the above quote from the article it looks like the police have already determined it was the cyclist's fault The picture in the article didn't show the bike that close to the white dotted line. Of course it probably landed in a different part of the road after being hit.

I always thought a cyclist was supposed to take the lane when making turns. I sure don't keep to the right when making turns as it's just a little too crowded for a car and bike in a turn lane.

My first reaction to the article was "Couldn't he see the cyclist?".
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Old 06-28-08, 07:59 AM   #3
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It had to happen sooner or later where the policeman was the one who gets caught. maybe he was talking on his cell phone and for that reason did not see the bike...and rider.
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Old 06-28-08, 10:20 AM   #4
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I assume the cop hits cars in the lane all the time too.
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Old 06-28-08, 10:50 AM   #5
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Originally Posted by crackerdog View Post
I assume the cop hits cars in the lane all the time too.
You see, we're under what they call "Zero Tolorence". Any infraction what-so-ever
will result in Police actions. It's actually helping to subdue our extremely high
per capita murder rate. I assume the punishment for being "In the way" on a bike
is a little love tap from behind. No doubt, the Police Officer will be innocent of any
wrong doing.
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Old 06-28-08, 10:52 AM   #6
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OMG. Looks like a white bike.
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Old 06-28-08, 12:02 PM   #7
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It seems to me that the real infraction there was "failure to allow assured clear stopping distance." IOW, driving too fast for a limited sight distance. Cop should get a ticket; there's no excuse for hitting a vehicle in front of you, whether it's a bike or a motorhome.
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Old 06-28-08, 01:23 PM   #8
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While I agree with the sentiments expressed thus far, the cyclist may share some of the fault.

It was fully one-hour AFTER local sunset. The picture is crappy, but I don't see any lights or reflectors on that bike, as required by NYS law for operation after one-half hour BEFORE sunset. If you're going to cite the cop, cite the cyclist too.

Quote:
Section 1236. Lamps and other equipment on bicycles.

(a) Every bicycle when in use during the period from one-half hour after sunset to one-half hour before sunrise shall be equipped with a lamp on the front which shall emit a white light visible during hours of darkness from a distance of at least five hundred feet to the front and with a red light visible to the rear for three hundred feet. Effective July first, nineteen hundred seventy-six, at least one of these lights shall be visible for two hundred feet from each side.

(b) No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred feet, except that a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle.

(c) Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.

(d) Every new bicycle shall be equipped with reflective tires or, alternately a reflex reflector mounted on the spokes of each wheel, said tires and reflectors to be of types approved by the commissioner. The reflex reflector mounted on the front wheel shall be colorless or amber, and the reflex reflector mounted on the rear wheel shall be colorless or red.

(e) Every bicycle when in use during the period from one-half hour after sunset to one-half hour before sunrise shall be equipped with reflective devices or material meeting the standards established by rules and regulations promulgated by the commissioner; provided, however, that such standards shall not be inconsistent with or otherwise conflict with the requirements of subdivisions (a) and (d) of this section.
And cranky, Zero Tolerance applies only if you're black or Hispanic. Maybe the cyclist was white.

Edit: Added traffic law.

Last edited by tsl; 06-28-08 at 01:26 PM.
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Old 06-28-08, 02:24 PM   #9
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While I agree with the sentiments expressed thus far, the cyclist may share some of the fault.

It was fully one-hour AFTER local sunset. The picture is crappy, but I don't see any lights or reflectors on that bike, as required by NYS law for operation after one-half hour BEFORE sunset. If you're going to cite the cop, cite the cyclist too.


Bet the Cop will be sueing the cyclist for time off work while he recovers from the ordeal. And was going to mention the lights but that may be difficult to verify from just a photo.

Just try hitting a bike in Holland. In that country- The driver has to prove his innocence. Bikes rule over there.
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Old 06-28-08, 04:28 PM   #10
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From the distinctly inadequate description, it sounds like the officer struck the cyclist from the rear traveling in the same lane. Aside from the cyclist not staying "as far to the right as practicable," the officer appears to be at fault. Striking another vehicle, including a bike, from the rear is almost always the fault of the vehicle in the back.

By the way, take a gander at the comments about the accident. Typical blame the cyclist junk.
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Old 06-29-08, 10:17 PM   #11
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The cyclist reportedly did not keep right and was traveling along the white dotted line in the middle of the road when the police car struck him, Yost said.

If I take the turning lane for a left turn I typically stay in the right hand side of the turning lane. It blocks the car behind me, but allows me to make a left turn with an "out" to my right. When I start the turn I extend forward and immediately go the right side of the road. This is unlike a left turning car into the left most lane. I know I ain't no car. Just sayin.....
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Old 06-30-08, 02:38 PM   #12
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Here's a little follow-up.

I was sitting in the bike shop today (the one where ang1sgt works) when a guy in a chef's outfit (sans hat) comes in with a nice Gary Fisher and tacoed rear wheel. He's the guy.

He's fine, save for some bumps and bruises and a little road rash. The wheel is toast, of course, and they're going to check out the rest of the bike.

The cyclist was cited for failure to keep right as noted before, and for not having lights and reflectors after dark. He's completely cool with the lights and reflectors ticket. Says he left home in a hurry and forgot his lights. He's going to fight the failure to keep right thing, (taking the lane because the right lane had illegally parked cars) and has already hired a lawyer.
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Old 06-30-08, 04:45 PM   #13
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I'm sorry, but to me it sounds like the cyclist is paying a dear price for the
impatient actions of a Police Officer with poor driving skills. All the News
reports state that the Officer was moving at a low rate of speed. The reports
vary as to whether the accident occured in the intersection or just beyond
it, but after reading several reports of the crash it makes sense that the Officer
either became distracted or misjudged the situation. For this the cyclist
takes the physical hit, needs to repair his bike and gets two traffic tickets.

The failure to stay right, to me, is totally bogus and does nothing more than
attempt to totally absolve the Police of any fault. The equipment ticket is
not at all necessary, I think the lesson has been learned. Instead of just ticketing
an accident victim, go after all the violators...and goodness knows, there are
plenty of them out there. Enforce the rules for all cyclists, not just the ones that
are selfserving.

Just my two cents...yep, I've had some experience with incompetent Police, so
my opinion is a little bias.

Happy Trails
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Old 06-30-08, 05:58 PM   #14
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Quote:
Originally Posted by BlazingPedals View Post
It seems to me that the real infraction there was "failure to allow assured clear stopping distance." IOW, driving too fast for a limited sight distance. Cop should get a ticket; there's no excuse for hitting a vehicle in front of you, whether it's a bike or a motorhome.
Yep! That bit!

It's the central factor of importance here.

The rest of it - whether or not the cycle had lights, or was positioned correctly in the lane, or whatever - may be mitigating factors or separate issues, but they don't negate the fact of a vehicle hitting another vehicle from the rear. Run into someone in front of you and you were either too fast, too close or not looking. There's no getting away from that. When driving we have obligation to be aware of people not doing the right thing as well as people who are doing the right thing!
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