Tuesday, August 12, 2008

Irritation With Cyclists is Creeping into Juries.

Strategies Regarding Public Irritation With Bicyclists.

Ray Thomas , a Portland bike lawyer, wrote the above article, which presents a good viewpoint on a growing trend in bicycle cases, juror bias against cyclists. Our bad reputation for being lawless, reckless and downright rude is growing quickly as throngs of inexperienced cyclists take to the street as the price of fuel rises. In the above article, Ray points out that a growing number of cyclists are losing cases that should be won. Ray attributes this growing trend to juror bias against cyclists.

When trial lawyers report that bicyclists are losing cases that should be won, we must respond or lose the hard won progress that got so many people on bikes in Oregon in the first place. There are many things we can do to improve our image in the minds of people. Not running stop signs, flipping people off, or yelling is a good start...

Bicycle advocates have a new dilemma. Bicycle advocacy must include a message which addresses the anger felt by many people toward bike riders. While it may be impossible to remove every bad image in people’s memories, there is the opportunity to dilute negative experiences involving bike riders by making positive behaviors greatly outnumber the negative experiences. Every bike rider contributes in his or her own way, and style, to these points of contact with motorists. Until we move beyond the present uneasy balance of power on the roadway, bicycle riders will continue to be viewed with suspicion, fear, and ignorance by some drivers.

Right-on, Ray. Right now it is imperative that we take action, starting on an individual level, to improve our image as cyclists. If we want to be taken seriously as a population of people utilizing a reasonable mode of conveyance we must conduct ourselves in a manner that demands respect. We must be civilized, especially in the face of incivility.

5 comments:

Eliezer said...

I agree with you here again, Jim. We should ask ourselves: Why do people get so irritated with cyclists? One reason, as you point out, is that cyclists sometimes (ok, often) break local and state laws while biking. And those breaches impact the smooth flow of traffic and pedestrians. That's got to stop.

Another reason drivers are irritated is that sometimes there simply is not enough room on the street for both bikes and other vehicles. Cyclists must leave room between themselves and parked cars to avoid being doored. Cars must leave an additional 3 feet of space between themselves and the cyclists. This often requires the car to either move into the lane of on-coming traffic in order to pass the bike or to stay behind the bike and move much more slowly than they would like to.

I'm not sure what the answer to this situation is. I tend to travel primarily on bike paths and in bike lanes on streets. But I can understand drivers' frustration when they're behind a bike going 10 mph in a 30 mph zone and can't get around him. Yes, cyclists have a right to be on the street, but it seems to me that that right shouldn't interfere with other vehicles' "right" to go faster than the speed of a bike.

Having to change lanes to pass one or two bikes is probably not a big deal for most drivers. But as more and more bikes get on the road, the situation becomes undesirable because most roads were not designed to be wide enough for both bikes and cars.

bmike said...

I wonder how those jurists would treat car drivers, as they never break the law. Cyclists often get blamed for rolling through stop signs - but when was the last time you saw a car come to a complete stop? I mean complete. If cyclists are required to put a foot down - then drivers should have to put it in park @ every red light and stop sign.

If our roads are to be truly a 'public right of way' - then mode choice should not affect access to the public infrastructure.

Yes, cyclists can and do break the law. Many are just uninformed / ignorant. Some are certainly belligerent. Some break the law much as a motorist does.

There will be a-holes on foot, in cars, and on bikes. A proper and intense training course on using our roadways would go a long way to alleviate these problems, and shifting our car head culture to a people centered culture would go a long way too...

Dick said...

I am inclined to disagree. I think that motorists may get annoyed at cyclists who behave badly or who are perceived as an obstruction. However, I don't think that that is any difference than the annoyance at pedestrians or drivers who do the same.

For the most part, the persistent rage that carries beyond the immediate situation is cause by a perception of cyclists being different. It is the same disdain that people think they have gotten beyond when it comes to ethnic, racial or religious minorities. Behaving better than average; not being an embarrassment before the motorists, won't cause them to like cyclists.

By all means, cyclists should behave in a safe, polite and legal manner on the road; because it is the right thing to do. Don't be fooled into thinking it will eliminate motorist rage against cyclists.

When on the road, we are "the other!"

AZ Law said...

Of course cyclists should behave in a safe, and law abiding manner. But, I think it is cyclists who should be more scared of pedestrians and drivers who don't obey right of ways nor street signs that cause cyclists to react in such a manner that is construed negatively by others.
I'm more scared of getting hit by a car then a car is of getting hit by me on my bike. They are the ones who don't watch where they are going.

Las Vegas Personal Injury Lawyers said...

Accidents involving cyclists are among the most serious in terms of injury and treatment. These cases can arise from a number of elements involving the actions of a negligent or careless driver, drivers who have chosen to drink and drive, "hit and run" drivers, commercial drivers deliberately or inadvertently failing to follow the rules meant to secure public safety, uninsured or underinsured motorists, accidental or intentional placement of road hazards and others. A lack of understanding by many drivers can result in life-altering injuries to even the most cautious cyclist.