[SDCBC] ignoring a detour & bike lane closed signs

[Sachi Wilson]

On 9 Jun 2007, at 8:49 am, John Forester wrote:

> 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.

I believe Mr. Forester is correct.

The discussion up to now, I think, talks a lot about what motorists  
might think and do from their legal ignorance of the rights of  
bicycles on roadways, compounded by their practical ignorance of how  
safe bicyclists ride.

In a way, the defense most car drivers have when they cause an  
accident with a bicyclist on the road is very similar to the "gay  
panic" defense.  "It  was his fault!!  I didn't expect him to put the  
moves on me and [unspoken but very much a part of the defense] I'm  
counting on society's ignorance and bigotry to get me off!"

We as cyclists need to be aware that is happening and refuse to fall  
into the trap of accepting that car drivers' idiocy and negligence is  
a permissible defense.  Although as an attorney, Richard, you will of  
course need to prepare for the driver to use that defense, regrettably.

Best -

Sachi Wilson
Law Office of Sachi T Wilson
sachiwilson at sbcglobal.net