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Search: Posts Made By: BikeLawyer
Showing results 1 to 50 of 88
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Forum: Advocacy & Safety
09-01-12, 11:59 AM
Replies: 159
Views: 9,634
Posted By BikeLawyer

Great points - There are OUTSTANDING bright...

Great points
- There are OUTSTANDING bright light packages available for cyclists
- Riding with running lights during the DAY is a great idea...

I've written for 20+ years that "conspicuity" is...
Forum: Advocacy & Safety
09-01-12, 11:50 AM
Replies: 159
Views: 9,634
Posted By BikeLawyer

New Blog Post & Photos from Cincinnati Crash

My 2 cents on what we know so far on the Cincinnati crash, based on my observations at the scene before the bike and car were separated and later in the day, when I went back to the scene to observe...
Forum: Advocacy & Safety
08-31-12, 09:34 PM
Replies: 159
Views: 9,634
Posted By BikeLawyer

A steel bike would have resulted in a different...

A steel bike would have resulted in a different crash... a fixed gear would have resulted in a different crash... a shorter or taller man or woman = different crash... different vehicle= different...
Forum: Advocacy & Safety
08-30-12, 09:22 PM
Replies: 159
Views: 9,634
Posted By BikeLawyer

Some additional Factoids...

Interesting discussion on this crash. One of the QCB Board Members contacted me around 8am to tell me about the crash... a few minutes later he said the fellow had died. The crash site is a few...
Forum: Advocacy & Safety
02-27-12, 07:46 AM
Replies: 103
Views: 6,051
Posted By BikeLawyer

The Court opened for a rare Saturday session for...

The Court opened for a rare Saturday session for the sentencing of Kelly Cox. Cox had consistently told the court, under oath, that she had only had "one glass of wine" despite evidence that she blew...
Forum: Advocacy & Safety
01-24-12, 09:27 PM
Replies: 103
Views: 6,051
Posted By BikeLawyer

How To Write to the Judge

If YOU want to participate in the Kelly Cox case, draft a letter describing how this crash impacted you, as a cyclist, and the cycling community and send it to the Prosecutor. Maybe it will have an...
Forum: Advocacy & Safety
01-24-12, 07:27 AM
Replies: 103
Views: 6,051
Posted By BikeLawyer

I've reviewed the crash report and OSHP photos in...

I've reviewed the crash report and OSHP photos in this crash - the ONLY reason Judge Henry is dead is because a drunk driver rear-ended him and killed him. He was "visible" during the last 600 feet...
Forum: Advocacy & Safety
01-23-12, 07:10 AM
Replies: 103
Views: 6,051
Posted By BikeLawyer

Trial Starts Today

The trial of Kelly Cox is set to start today, January 23, 2012, in Geauga County - which is one county east of Cleveland. She is charged with several crimes ranging from Aggravated Vehicular...
Forum: Advocacy & Safety
09-22-11, 09:08 PM
Replies: 160
Views: 7,825
Posted By BikeLawyer

John, do you think there is a realistic chance...

John, do you think there is a realistic chance that FRAP laws, or other bicycle-specific road laws stand a chance of being repealed? Is there a move afoot in your state, or in any, to get this done?...
Forum: Advocacy & Safety
09-22-11, 08:45 PM
Replies: 160
Views: 7,825
Posted By BikeLawyer

"under the standard SMV-FRAP laws, you are...

"under the standard SMV-FRAP laws, you are obligated to share the road, to operate FRAP, regardless if the lane is wide or not."

Ohio law says this
4511.55 Operating bicycles and motorcycles on...
Forum: Advocacy & Safety
09-19-11, 01:14 PM
Replies: 160
Views: 7,825
Posted By BikeLawyer

Zac - you have to learn to ignore Bek - his...

Zac - you have to learn to ignore Bek - his Law-Degree-In A-Box from the Crackerjack School of Law provides him with exclusive authority to expectorate definitive legal analysis of the laws of all 50...
Forum: Advocacy & Safety
09-18-11, 05:55 PM
Replies: 85
Views: 3,000
Posted By BikeLawyer

Uninsured/Underinsured Motorist Insurance...

Uninsured/Underinsured Motorist Insurance [UM/UIM] is really the only way to protect yourself in the U.S. ANYONE who has anything to lose needs to max out this coverage. Of course, you've got to...
Forum: Advocacy & Safety
09-18-11, 05:31 PM
Replies: 160
Views: 7,825
Posted By BikeLawyer

Ohio's "Practicable" statute

4511.55 in Ohio says this:
4511.55 Operating bicycles and motorcycles on roadway.
(A) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as...
Forum: Advocacy & Safety
09-08-11, 08:26 AM
Replies: 51
Views: 3,203
Posted By BikeLawyer

The two guys submitted their report directly to...

The two guys submitted their report directly to the City Engineer, among others ... no "staff member" middleman here - they gave their thoughts directly to the guy with the power and credentials to...
Forum: Advocacy & Safety
09-07-11, 08:57 PM
Replies: 29
Views: 1,490
Posted By BikeLawyer

Check the demographics of cycling fatalities. ...

Check the demographics of cycling fatalities.
1975 - 1003 deaths
2009 - 630 deaths

so a significant decrease in deaths...

but

1975 - 1003 deaths
- 67% [675] are kids - less than 16
Forum: Advocacy & Safety
09-07-11, 08:15 AM
Replies: 51
Views: 3,203
Posted By BikeLawyer

Thanks for all the commentary. Here, two guys...

Thanks for all the commentary. Here, two guys who are on a Bikeway Advisory Committee started by the City presented an 8 page report on bike and ped crashes and made a few recommendations for...
Forum: Advocacy & Safety
09-05-11, 09:23 PM
Replies: 51
Views: 3,203
Posted By BikeLawyer

Bicycle Advocates Practicing "Engineering?"

Any bicycle advocates run into trouble with engineers claiming they are "practicing engineering" without a license by reviewing crash data, recommending facilities, etc? If so, send me a note with...
Forum: Advocacy & Safety
09-02-11, 11:55 AM
Replies: 29
Views: 1,490
Posted By BikeLawyer

I DO agree that the risk of injury or death is...

I DO agree that the risk of injury or death is extremely low - Ohio averages 2000 crashes per year [police reports stemming from vehicular crashes in which one of the vehicles is a bicycle] and 15-16...
Forum: Advocacy & Safety
09-02-11, 11:48 AM
Replies: 29
Views: 1,490
Posted By BikeLawyer

NHTSA & IIHA publish bike crash statistics every...

NHTSA & IIHA publish bike crash statistics every year.
IIHS is HERE (http://www.iihs.org/research/topics/bicycles.html)

NHTSA's most recent is HERE (http://www-nrd.nhtsa.dot.gov/pubs/811156.pdf)...
Forum: Advocacy & Safety
09-01-11, 09:07 PM
Replies: 387
Views: 16,244
Posted By BikeLawyer

Bek You continue to fail to understand and...

Bek
You continue to fail to understand and misstate the basic legal positions I have repeatedly and consistently set forth. The blog post was about the "Share the Road" signs - which are legally...
Forum: Advocacy & Safety
09-01-11, 04:35 PM
Replies: 387
Views: 16,244
Posted By BikeLawyer

Sorry to keep beating a dead horse - err......

Sorry to keep beating a dead horse - err... what's the PETAppropriate way to say that? But, when someone keeps demeaning my abilities as counsel or continuing to claim that I am misstating...
Forum: Advocacy & Safety
09-01-11, 12:45 PM
Replies: 42
Views: 1,834
Posted By BikeLawyer

The helmet maker's statements to the buyer of the...

The helmet maker's statements to the buyer of the helmet are part of the contract of sale. If the helmet is "defective" then a lawsuit can be brought, at least in Ohio. So, if the buckle fails, or...
Forum: Advocacy & Safety
09-01-11, 12:23 PM
Replies: 387
Views: 16,244
Posted By BikeLawyer

I resemble that remark... SM

I resemble that remark...
SM
Forum: Advocacy & Safety
09-01-11, 09:14 AM
Replies: 387
Views: 16,244
Posted By BikeLawyer

Exactly right - the argument of the prosecutor...

Exactly right - the argument of the prosecutor was "If you can't go 45mph you shouldn't be on the road" - I was making the argument that SPEED isn't the pure determinative factor but the vehicle's...
Forum: Advocacy & Safety
09-01-11, 06:53 AM
Replies: 387
Views: 16,244
Posted By BikeLawyer

For a full explanation of the Selz case, you can...

For a full explanation of the Selz case, you can read the article I posted some yrs ago - The Selz Case Revisited (http://www.ohiobike.org/selz/Selz_by_Magas.pdf)

It talks about the evidence...
Forum: Advocacy & Safety
08-31-11, 09:44 PM
Replies: 18
Views: 1,158
Posted By BikeLawyer

I'm another confused one - not familiar with this...

I'm another confused one - not familiar with this crash at all...and as a Cincy Bike Lawyer I try to post EVERY bike crash in Cincy I can find...

Steve Magas
Forum: Advocacy & Safety
08-31-11, 09:40 PM
Replies: 40
Views: 2,624
Posted By BikeLawyer

There are cases where a horn honk has been held...

There are cases where a horn honk has been held to be negligence. It can be "intended" to be more than a warning... I had a case where two younger boys were riding... an 18 yr old came up from...
Forum: Advocacy & Safety
08-31-11, 09:32 PM
Replies: 387
Views: 16,244
Posted By BikeLawyer

There are only 7 cases that pop up when a search...

There are only 7 cases that pop up when a search for 4511.051 is done. In one the court said:
"Ford first appears to be contending that Clark had no proper basis for stopping him. However, Clark...
Forum: Advocacy & Safety
08-31-11, 08:57 PM
Replies: 387
Views: 16,244
Posted By BikeLawyer

There are NO cases interpreting this statute...

There are NO cases interpreting this statute under Ohio law... zero... so yea, it doesn't generate ANY controversy here... and yes, historically, vehicles were required to give way to the right on...
Forum: Advocacy & Safety
08-31-11, 08:26 PM
Replies: 387
Views: 16,244
Posted By BikeLawyer

Thankfully, we have Bek's unauthorized legal...

Thankfully, we have Bek's unauthorized legal acumen of the law of all states to guide us ["*** 49 of the 50 states regulate this as a duty of vehicle operators in many circumstances.***"].

In...
Forum: Advocacy & Safety
08-30-11, 09:27 PM
Replies: 387
Views: 16,244
Posted By BikeLawyer

Excerpt from State v. Tony Patrick...

Excerpt from State v. Tony Patrick (http://www.supremecourt.ohio.gov/rod/docs/pdf/98/2008/2008-Ohio-7142.pdf). The judge, a cyclist, discusses the difference between what is LEGALLY REQUIRED and...
Forum: Advocacy & Safety
08-30-11, 07:34 AM
Replies: 103
Views: 6,051
Posted By BikeLawyer

This article on my webpage...

This article on my webpage (http://www.ohiobikelawyer.com/bike-law-101/2011/07/whats-going-on-in-geauga-county/) has spawned some 50+ comments now, including those trying to defend this drunk driver....
Forum: Advocacy & Safety
08-30-11, 07:11 AM
Replies: 387
Views: 16,244
Posted By BikeLawyer

Bek,again, the words "right of way" have two...

Bek,again, the words "right of way" have two meanings - one is real estate - the easement owned by an entity. This one is irrelevant to the operation of bicycles on the roadway. My piece on "Share...
Forum: Advocacy & Safety
08-30-11, 05:47 AM
Replies: 387
Views: 16,244
Posted By BikeLawyer

Thank you Mr. Putnam for a cogent analysis in an...

Thank you Mr. Putnam for a cogent analysis in an otherwise silly thread.
Forum: Advocacy & Safety
08-29-11, 10:01 PM
Replies: 387
Views: 16,244
Posted By BikeLawyer

The highway does not include the "Right of way"...

The highway does not include the "Right of way" boundaries, but the boundaries of the "way open to the public as a thoroughfare for purposes of vehicular travel" -

The right of way is "(2) A...
Forum: Advocacy & Safety
08-29-11, 08:23 PM
Replies: 387
Views: 16,244
Posted By BikeLawyer

Bek Read the freeway definition again. The...

Bek
Read the freeway definition again. The "freeway" IS the roadway - aka "the highway" - NOT the entire "right of way" which is MUCH broader -

(YY) “Freeway” means a divided multi-lane highway...
Forum: Advocacy & Safety
08-29-11, 07:55 PM
Replies: 387
Views: 16,244
Posted By BikeLawyer

The "right of way" is the real estate term for...

The "right of way" is the real estate term for the very broad swath of dirt that the state may use to build stuff. Bicycles are NOT allowed on the freeway or the expressway.

once again, this is a...
Forum: Advocacy & Safety
08-29-11, 07:31 PM
Replies: 387
Views: 16,244
Posted By BikeLawyer

(YY) “Freeway” means a divided multi-lane highway...

(YY) “Freeway” means a divided multi-lane highway for through traffic with all crossroads separated in grade and with full control of access.

(ZZ) “Expressway” means a divided arterial highway for...
Forum: Advocacy & Safety
08-29-11, 03:43 PM
Replies: 387
Views: 16,244
Posted By BikeLawyer

Ahhh well, clearly my knowledge of law, bikes and...

Ahhh well, clearly my knowledge of law, bikes and such is vastly inferior to Mr. Bek... enjoy folks!

Steve Magas
Forum: Advocacy & Safety
08-29-11, 01:59 PM
Replies: 387
Views: 16,244
Posted By BikeLawyer

My understanding is that the roadway next to the...

My understanding is that the roadway next to the bike path in the photo is not I-670. The roadway is available for bike travel - I670 is not.
Forum: Advocacy & Safety
08-29-11, 01:31 PM
Replies: 387
Views: 16,244
Posted By BikeLawyer

You are correct in that there are unused,...

You are correct in that there are unused, untapped portions of the Code that are irrelevant to the daily life of the millions of cyclists in Ohio. There are no "bikes only" bike paths in Ohio and...
Forum: Advocacy & Safety
08-29-11, 12:38 PM
Replies: 387
Views: 16,244
Posted By BikeLawyer

There are no bikeways near freeways in Ohio and...

There are no bikeways near freeways in Ohio and no freeways in Ohio on which bikes can be ridden.
SM
Forum: Advocacy & Safety
08-29-11, 12:36 PM
Replies: 387
Views: 16,244
Posted By BikeLawyer

"*** Magus isn't correct here since the Ohio...

"*** Magus isn't correct here since the Ohio traffic law has laws about sidewalk use***"

Not to change the topic, but with regard to sidewalk cycling there are MANY different "laws" throughout the...
Forum: Advocacy & Safety
08-29-11, 10:59 AM
Replies: 387
Views: 16,244
Posted By BikeLawyer

4511.011 is irrelevant to an intelligent...

4511.011 is irrelevant to an intelligent discussion of riding a bicycle on the typical roadway. 4511.011 relates to "freeways." Bikes are banned from use on freeways in Ohio. This code provision...
Forum: Advocacy & Safety
08-29-11, 09:24 AM
Replies: 387
Views: 16,244
Posted By BikeLawyer

The phrase "travelled [sic] way" does not appear...

The phrase "travelled [sic] way" does not appear in Ohio's Motor Vehicle Code. The phrase "traveled way" does not appear in the pertinent sections under discussion. The roadway definitions are...
Forum: Advocacy & Safety
08-29-11, 05:34 AM
Replies: 387
Views: 16,244
Posted By BikeLawyer

"Maybe steve could describe a cyclists legally...

"Maybe steve could describe a cyclists legally proscribed duties if riding 14 feet out in a 15 foot wide lane and there was faster traffic wishing to overtake. Would the bicyclist possess absolute...
Forum: Advocacy & Safety
08-29-11, 05:23 AM
Replies: 387
Views: 16,244
Posted By BikeLawyer

Bek Many times in traffic situations one must...

Bek
Many times in traffic situations one must yield the right of way, be it in a car or on a bike. Yield is the same as Give Up - Yield is NOT "sharing." Rather, when you yield it means you HAD...
Forum: Advocacy & Safety
08-28-11, 07:42 PM
Replies: 387
Views: 16,244
Posted By BikeLawyer

Sorry just read this "Give way" = "Yield" ...

Sorry just read this

"Give way" = "Yield"

I hope this clears this up. As the passing vehicle passes, the passed vehicle must yield the right of way adn "give way" - the point of the passing...
Forum: Advocacy & Safety
08-27-11, 08:52 PM
Replies: 29
Views: 1,818
Posted By BikeLawyer

In Ohio sharrows are a legal nullity -much like...

In Ohio sharrows are a legal nullity -much like "share the road" signs. They mean nothing... legallly anyway. THey look pretty, and may send mixed signals. I haven't had a case involving sharrows,...
Forum: Advocacy & Safety
08-27-11, 08:24 PM
Replies: 10
Views: 665
Posted By BikeLawyer

Kurt - Thanks for the love. OSU Class of '82...

Kurt - Thanks for the love. OSU Class of '82 RAWKS....

Great article. Funny though... the "new breed" of kids must be catching on to the "Bike Law" thing - I've been doing it for more than 25...
Showing results 1 to 50 of 88
 
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