[SDCBC] ignoring a detour & bike lane closed signs

[Kathy Keehan]

Hi Richard,

Interesting predicament. My answer is, as usual, "it depends". 

If this was a regular street, then I feel the bicyclist was 100%  within
their rights to be there, regardless of whether or not the bike lane was
open or closed. I might quibble, as some have done, with the position in the
lane that the bike rider chose, but clearly any lane position in that
situation would have been legal.

If, however, the detour was on a freeway segment that was usually open to
bicyclists but closed due to construction, that might be another story.
Since Caltrans has the legal right to ban bicyclists from limited access
freeways under certain circumstances, this rider would have been legally in
the wrong to ignore the detour sign on a freeway and ride in the travel lane
there. 

The only places I'm currently aware of that have the word 'detour' for
bicyclists are on freeway locations that are closed to bicyclists, such as
on I15 between Via Rancho Parkway and Center City Parkway, or on Otay Mesa
Road where it becomes 905. In the places where we retain street access, we
try to get the jurisdictions to put up 'bike alternate' signs rather than
'bike detour' signs. It's still not a good solution, since motorists will
still think bicyclists are required to take the alternate, but they feel
they need to alert bicyclists that there might be an alternate route that
avoids the construction should they choose to take it. 

Ideally, we'd simply have signs that say 'bike lane closed ahead' and 'watch
for bicyclists in roadway'

I hope the legal system would recognize the bicyclist's right to use any
road, regardless of the construction status of the road. The counter
argument has been made in the engineering/construction community that
selective restrictions are used quite often (no trucks over 2 tons, local
traffic only, etc) and that they should have the option to restrict
bicyclists from using a road under construction 'for your own safety." As
far as I know, the legal ability to restrict bicycle traffic from a road
under construction has not been tested in the courts, but if I'm wrong on
that I'd sure like to know so I can use that as ammunition!

Kathy

 

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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