<HTML><FONT FACE=arial,helvetica><HTML><FONT SIZE=2 PTSIZE=10 FAMILY="SANSSERIF" FACE="Arial" LANG="0">In a message dated 11/3/07 8:20:38 PM Pacific Standard Time, hollenbeck2001@yahoo.com writes:<BR>
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<BLOCKQUOTE TYPE=CITE style="BORDER-LEFT: #0000ff 2px solid; MARGIN-LEFT: 5px; MARGIN-RIGHT: 0px; PADDING-LEFT: 5px">So if a tree fell in the bike lane and a rider crashed into it, who would be liable? <BR>
And would anyone hear it? ;-)</BLOCKQUOTE><BR>
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Hello to all:<BR>
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My personal attitude is that this is not a laughing matter. We are discussing a tragic situation that resulted in someone dying, a young life is gone and a family is most certainly grieving.<BR>
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People have pointed out that the cyclist could have avoided this fate had he been more aware and understood that the bike lane is not often not the safest place to ride. I agree with that.<BR>
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However, the fact remains that apparently there was truck parked illegally in the bicycle lane and that truck was an unnecessary hazard. I see this on a regular basis and I make an effort to address the issue, either with the driver or if that fails, with someone at the local police station. As we have seen in other threads, if given some effort, cars and trucks parked in the bike lane will be ticketed by the city. And too, a camera can do wonders, the right photos to the right person can achieve immediate action. <BR>
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If I had ridden in the area on a regular basis and had seen trucks regularly parked in the bike lane, I would be asking myself if maybe further vigilance on my part might have avoided this tragedy. I believe education gives riders their single most important safety tool but that does not prevent me or you from asking that laws be obeyed and Bike Lanes be respected.<BR>
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When those laws are ignored and as a direct result someone is injured, I think it is reasonable to hold the violator accountable. For better or for worse, that is the theory behind our justice system.<BR>
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Jon Isaacs<BR>
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