[SDCBC] ignoring a detour & bike lane closed signs

[Tony Pietsch]

Hello Richard,
 
I'd like to use this as a test of my LCI training and my understanding of
the discussions held in the SDCBC board meetings and on our email lists -- I
don't pretend to be a legal expert, and I'd like to hear from Jim Baross and
John Forrester as to whether my understanding and interpretation of current
law is correct.
 
First, I think that you've addressed the majority of the responsibility
issue in the first sentence.  The BIKE LANE CLOSED is an unmistakable
warning TO THE MOTORIST that they will have to share the right hand lane
with cyclists. Some might argue that this is too similar to the ROAD CLOSED
signage with detour that requires ALL non-local VEHICULAR TRAFFIC to take
the detour.  Bicycling is a right (no license is required to be able to
ride) while motoring is a privilege that all motorists pay for and are
tested for competency before being licenced to drive on their own.  That is
the basis for the fundamental difference in interpretation of the signage.
 
Consequently, the detour sign here is a RECOMMENDATION to cyclists
uncomfortable with the temporary loss of a previously designated bike route,
and provides an alternative that will utilize (we hope) alternate routing
that does fit into that category.  In no way does the detour sign require a
cyclist to use the detour if it does not require a motorist to use that same
detour.
 
Under strict interpretation of current law as I understand it this places
the entire responsibility on the motorist for the accident -- the old adage
that ignorance of the law regarding signage (and this might include members
of a jury if one is present) is no excuse for not following the law, and
that should be the end of the argument.
 
----------------------------------------------------------------------------
----------------- BUT
 
Getting into the reality of education level and expectations of both
motorists and cyclists is where the remainder of your discussion gets fuzzy.
1. Yes, most motorists and inexperienced cyclists interpret the BIKE LANE
CLOSED to mean the same for bicycles as ROAD CLOSED does for motorists, and
2. consequently the expectation would be that cyclists would be required to
follow the detour sign (but they're not required to; it's just a common
misunderstanding perpetuated by the similarities in the signage wording).
3. Yes, the cyclist could have made her/him-self more visible by riding
closer to the center of the right lane (taking the lane), but fear drives
inexperienced riders as close to the right as they can travel in the
mistaken belief that it is safer to ride there.
4. Absolutely the motorist should have moved to the left hand lane when his
vision was obscured by the curve and his rate of travel.  
5. From your description of the officer's report the motorist was young,
inexperienced and driving too fast - all major contributions to the
collision.
6. Other contributing factors such as time of day, road debris, wind, etc.
were not mentioned and may shift perceptions of either or both the cyclist
and motorist during the encounter.  
 
For instance, was the bike lane closure just for a short or much longer
distance (percieved danger level); was the closure sign placed within sight
of the bike lane closure or separated by a distance that made the closure
uncertain. I personally have experienced many times where BIKE LANE CLOSED
signage was installed far away and up to months before any construction was
performed and the bike lane obstructed, as well as signage that the
construction company "forgot" to remove after construction was complete and
the lane closure was no longer appropriate.  The list of mitigating
circumstances is practically endless.
 
----------------------------------------------------------------------------
------------- SO
 
I'd like believe that the motorist was entirely responsible for the
collision under strict interpretation of the law, but I may be wrong based
on my limited legal knowledge.  
Whether you can get a jury that will consist largely of misinformed
motorists that have come to perceive roads as their entitlement to agree to
that is what you get paid for, and I don't envy you the task.
 
I hope this helps,
Tony Pietsch

  _____  

From: sdcbc-bounces at bikesandiego.org [mailto:sdcbc-bounces at bikesandiego.org]
On Behalf Of Richard Duquette
Sent: Friday, June 08, 2007 9:12 PM
To: sdcbc at bikesandiego.org
Subject: [SDCBC] ignoring a detour & bike lane closed signs


List mates                                   Confidential & Privileged

Id like to get your perspective regarding a potential issue that involves a
bicyclist that (for sake of discussion) ignored a detour & bike lane closed
sign.

The cyclist is alleged to have then ridden close to the right side of the
road edge cement barrier (that was constructed for a quarter mile) in order
to get to his destination on the late afternoon weekend.Taking the detour
would have taken her about 3 miles out of her way.

As luck would have it, a young man drove his car around the slight right
bend in the road that was partially obscured by the cement and plywood
barrier in the slow lane edge and side swiped the cyclist, causing injuries
and ripping off the cars right side mirror at the same time.

The defense is that the cyclist should have ridden out of his way several
miles,even tho he has the right to the road as a cyclist, and avoided riding
near a cement barrier that  partially hid him from oncoming traffic.

I suspect the motorist should and could have driven in the fast lane and had
better vision, and  the officer suspects the motorist was traveling too fast
for the conditions...construction site and all with the barriers.

Do you feel the cyclist is with out fault or would you  apportion
responsibility in this case. If so, what are the percentages.??

Thanks in advance for your opinions. 


Richard L. Duquette
Bicycle Injury Lawyer since 1983
Carlsbad, CA
760-730-0500
www.911law.com <http://www.911law.com/>  

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