[SDCBC] ignoring a detour & bike lane closed signs

[John Forester]

So we have a lane closure. I've seen many of these in my life. 
Sometimes it means Right Lane Closed Ahead, or similar. All that 
happens is that the traffic uses the lanes that are still open. That 
is standard, no problem. If one knows that a lane closure will cause 
traffic jams sufficient to make another route more desirable, then 
one is free to take it.

When a bike lane is closed, we then have a road without a bike lane. 
We have lots of those, don't we? So what?

Here's where we get into controversial discussion about what's wrong 
with bike lane theory. That is, that bike lanes have some real 
importance to both cyclists and to motorists, which is rather an 
intellectual stretch. There are many places where bike lanes end 
without a sign, typically at locations where the traffic patterns are 
too complicated to be solved by a bike lane. Sure, it is nice to have 
a notice, but the notice is not particularly important. You just 
negotiate your movement into the next lane over. As for the 
motorists, look at the argument that if there is no bike lane, 
motorists are not expected to expect, and therefore not to notice, 
cyclists. As I have written for years, all these expectations 
surrounding bike lanes are damaging.

Any motorist traveling along a roadway on which cycling is permitted 
must be held responsible for watching out for cyclists who are 
operating in a lawful manner.





>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
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John Forester, MS, PE
Bicycle Transportation Engineer
7585 Church St.
Lemon Grove, CA 91945-2306
619-644-5481 www.johnforester.com
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