Advocacy

Justice for Cyclists: Boulder County DAs Push for Results in Cycling Cases

By Maureen & Megan

Vehicular assault - Leaving the scene of a crash involving serious bodily injury - Failure to notify police of a crash. These are some of the initial charges brought against two drivers in collisions with cyclists in Boulder County. In both cases, the cyclists were seriously injured and required surgery.

Travis_2.jpg

Boulder cyclist Travis Lechner was on a group training ride in Longmont, CO in December 2017 when he was struck by a pick-up truck going at least 45 mph. Travis was making a left-hand turn when the driver attempted to pass him on the left, crossing a double yellow line.

A witness told police that Travis had signaled before turning left.

The collision sent Travis flipping up over the truck, landing in a ditch approximately 50 feet down the road. He was transported by ambulance with multiple injuries including a broken clavicle and wrist, a concussion, fractured ribs and multiple abrasions.

His left shoulder was completely shattered.

 Travis shown with DA Adrian VanNice, fellow cyclist (L), and Megan (R)

Travis shown with DA Adrian VanNice, fellow cyclist (L), and Megan (R)

An off-duty police officer riding in the group of cyclists canvassed the area following the crash. He happened to find the truck that met a witness’ description and called police. The driver, who was drunk at 10 am, neither had a valid driver’s license nor insurance. He was arrested and taken to jail. This was his second DUI.

Travis’ injuries required surgery to his wrist and shoulder. Unable to care for himself following surgery, he stayed at his coach’s house for over a month. His wrist was in a cast and he had to wear a sling, which completely immobilized him. The first night following surgery to his shoulder, Travis woke up in the middle of the night in the worst pain he had ever experienced. “It hurt about 10,000 times worse than getting hit by a car. I have never been in so much pain my whole life.”

He missed almost two months of work due to his injuries and suffered financial damages. He was not able to drive, lost fitness and training time on his bike, and could not sleep most nights due to the sling he had to wear as well as sleeping upright at a 45-degree angle. He needed help doing everyday tasks such as showering, getting dressed and cooking.

Riley_2.jpg

Like Travis, 17 year-old Riley Sheehan was also struck by a driver in Boulder County who then fled the scene. It was March 7, 2018. Riley, an elite junior cyclist who rides for LUX Cycling Team and USA Cycling, was training in preparation for three international races in Europe at the end of March.

He was riding on the far right of the shoulder on U.S. 36 when he heard the sound of an engine. It was a truck going 45-50 mph. The driver tried to get around two lanes of traffic by passing on the right using the shoulder. That’s when he crashed into Riley, launching him into the air.

The driver then ran over the bike and left the scene of the crash.

Riley hit the ground so hard that his clavicle broke, causing a section of the bone to penetrate into his chest muscle. His helmet broke in five different places when his head slammed into the ground. He suffered a concussion, enduring a headache and nausea and had scrapes and bruises all over his body. “I felt so angry that someone would hit me and then leave me by the roadside.”

Witnesses reported that a red truck had been driving aggressively prior to the crash. One witness followed the driver and attempted to get him to return to the scene. The witness told the driver that he had his license plate number and that police had been called. The driver yelled at the witness and sped away, leaving the scene again.

The license plate traced back to a red Ford F-150 owned by a Greeley resident.  Officers observed damage to the front right side of the truck when they arrived at the driver’s house. He was arrested by Colorado State Patrol on suspicion of vehicular assault, leaving the scene of a crash involving serious bodily injury, failure to notify police of the crash, reckless driving, passing on a shoulder, failure to obtain a valid CO registration within 90 days of becoming a resident and driving with expired plates. The driver had moved from Texas to Colorado in 2014 but still had Texas plates.

Too often these collisions are treated as ‘just accidents,’ but that diminishes what my family and I have been through.
— Riley Sheehan addressing the Court, at the driver's sentencing hearing

Riley had to undergo surgery to repair his broken clavicle. In the days leading up to the surgery, he was in extreme pain and could not sleep. Further surgery will be required to remove the stainless steel plate and screws. Riley still does not have full range of motion and can feel the metal plate every time he moves his right shoulder.

The experience has been painful, frustrating, depressing and draining both physically and emotionally. Riley missed school, training and racing opportunities.

His life and physical body are forever altered, leaving him to question his bike racing future.

 Riley’s family with Fred Johnson, Chief Trial Deputy, 20th Judicial District Attorney’s Office

Riley’s family with Fred Johnson, Chief Trial Deputy, 20th Judicial District Attorney’s Office

When it came time for the drivers’ criminal case sentencing hearings, both Travis and Riley, along with his family, attended and addressed the court. They took part in the process, and it made a difference. Travis and Riley wanted to emphasize to the court, the district attorneys and to the defendants that what happens in these cases matters very much to the victims as well as to the cycling community as a whole.

Riley’s mom spent well over 100 hours filling out paperwork, documentation, getting medical referrals and going to appointments with Riley. His dad had to miss work as well.

Travis felt that it was important to attend, so that people see there is more going on. It is not just a bike that got hit on the road. “I think it’s important we show up and people know that we’re paying attention. We want to be seen and heard,” said Travis.

Fred Johnson, the DA in Riley’s case, believes that community members are an integral part of the criminal justice system:

One of our most important functions is making sure their voices are heard.  Victims at a sentencing hearing are the persons most affected by the crimes committed, and their input is extremely important to us as prosecutors and to the judge deciding the sentence.  When the crime implicates a specific community’s interest and safety such as the cycling community, it’s important for members of that community to attend sentencing hearings so the court can hear their perspective directly and consider it in reaching a just result.
— Fred Johnson, Boulder DA

The Boulder DA’s Office took these cases seriously and made very severe punishment recommendations to the judge.

Boulder County is a unique community and a great place to ride with an avid cycling community. The safety of the cycling community is very important to us as an office and we strive to enforce the laws in a way that maximizes the effectiveness of those laws in ensuring safety on the roads.  We take violations of the law that hurt cyclists extremely seriously, especially when a driver flees the scene in an effort to avoid responsibility. This disregard for the safety and well-being of the victim is especially egregious because it puts the victim’s life and physical safety in further jeopardy,” said Johnson.

The driver in Travis’ case pled guilty to driving under the influence and reckless vehicular assault. He received a suspended sentence of one year in the Boulder County Jail and must complete 200 hours of community service and three years of probation as well as serve nine months of jail-work release.

In Riley’s case, the driver pled guilty to both felony counts - leaving the scene of an accident causing serious bodily injury and vehicular assault. He was sentenced to three years of probation, with 90 days of jail, 120 more days of jail on work release, and 200 hours of community service work.  Conditions of probation included no driving until probation is completed and the court approves it, substance abuse and mental health evaluations with any recommended treatment, and completion of a bicycle driver’s course.

Our office plans to keep showing up at sentencing hearings. It matters. It makes a difference. It counts! #ShowUP. #CrashNOTaccident

#10000milesin2018: Month 10 update

#10000milesin2018: Month 10 update!

Total Miles to Date: Target: 8333 miles…My mileage: 7889

Total Number of Strava Group Members: 390

Bruno_1.jpg

This month, we would like to introduce you to Bruno Echegoyen-Chirinos from Denver, CO.

Bruno has been a cyclist for three years and decided to join the challenge because he wanted to bike at least 200 miles a week to work. He also was curious to find out what it would be like to acquire the level of fitness needed over a year.

In order to get the miles in for the challenge, Bruno commutes by bike anytime he needs to go somewhere, whether it’s getting groceries, going to concerts, meeting friends or shopping. Instead of transporting his bike by car when he goes mountain biking, Bruno rides his bike to the trail. Riding on weekends has helped get ahead on the miles some weeks, but it can also be very tiring at times.

The goal of riding 10,000 miles in one year has been harder than he expected and continues to be very challenging. Bruno gets in about 120 miles for the week by the end of Wednesday. Sometimes, the third day after riding to work is still very difficult due to soreness. By the time the new year comes, he will try to ride to work every day and use his car much more rarely.

Bruno_2.jpg

Bruno is motivated to meet his goal by remembering that it's a privilege to be able to bike to work and that he can make a small difference in air quality in his local area while he’s building fitness and setting an example for how people could choose to commute. “The way I see it, it would be to many people's convenience to have an active lifestyle.”

Last year, Bruno rode around 5,000 miles. His current mileage is 6,204 miles. We wish you all the best in hitting 10,000 in 2018!

Congratulations to our members who have reached 10,000 miles!

Cam Candelaria from South Jordan, UT – “I’m at 12,300 going for 14K.”

Dan Dwyer from Syracuse, NY - “At 11,472 going 4 13K!”

Tom Adams of Longmont, CO - “Just completed 10,000 miles for 2018!”

Sidney Holzer from Sicklerville, New Jersey - “I’m at 10,562 miles for the year, goal is 12,000 miles. All my miles are outside miles. In 2016 I had my best year of 18,110 miles.”

DJ Juano Rivera Ortiz of Lakeland, Florida - “I Made it!. 10k plus miles today.completed with 10 Century Rides. Thank you for the support :) .”

#10000milesin2018: Month 9 update

Total Miles to Date: Target: 7,497 miles…My mileage: 7,096

Total Number of Strava Group Members: 398

Some of our members have already reached -or are close to reaching- their goal of riding 10,000 Miles in 2018:

-Cam Candelaria from South Jordan, UT – “I’m at 10,900!!”

-Aaron "Rambo" Harrison of Hillsboro, Oregon – “8755 miles as of this morning! Shouldn’t have any trouble hitting 10,000!”

-DJ Juano Rivera in Highland City, Florida – “9,350 on last Sunday. Will complete it with just Centuries rides :). Keep on Pedaling :)”

Julian Thomas from Leeds, West Yorkshire, United Kingdom – “Just gone thru 10k today.”

Dave Watkins.jpeg

This month, we are featuring Dave Watkins, 82, from Polk City, Florida. As of Sept. 25, he had ridden 10,000 miles and is still going strong.  Dave, a former USA Cycling CAT II cyclist, ran the Boston Marathon four years.

How long have you been a cyclist?

I began serious cycling in the early 70s when a faculty member at a small college in PA. It began with a Schwinn Paramount and a collegian race on the bike at Penn State University. Crashed in that race but recovered to continue racing and became a Cat.II cyclist and qualified for three years to ride in the Masters National Championships. Each year, for personal reasons, I was unable to compete in the championships. Very disappointing to this day because I had competed well against each of the winners in numerous races.

Why did you decide to join the challenge?

I ride every day and decided to take on a challenge beyond simply riding to be able to be ride with cyclists 40/50 years younger than me.

How have you incorporated commuting by bike/getting in the miles for the challenge into your daily life?

I am retired and no longer have to head to an office or workplace. My schedule every day includes a 25/30 mile ride beginning at midnight. After daylight, there is a leisurely ride with my wife who now rides an e-bike and can ride at 20 mph. Late afternoon, I’ll hop on the bike for a 7/10 mile ride before a glass of wine and an IPA beer.

You have reached 10,000 miles. Congratulations! That’s quite an accomplishment. What’s behind the drive to keep on going?

Meeting a personal goal is important. Staying healthy is so important at my age. Being a competitor is a driving force. I played baseball during college at Penn State where we played in the finals of the College World Series.  

How did you feel when you reached the goal of riding 10,000 miles? Were you excited/relieved/surprised?

This is not the first year I have met the goal of 10,000 miles. I love looking at my Strava data each day to see how many miles I have for the day, week and year. Love to see how well my Strava friends are doing with their rides. The kudos I receive help motivate me.

Dave Watkins 2.jpeg

What kind of feedback have you gotten from friends or other cyclists?

The feedback from fellow Strava cyclists has been incredible. Also, I rarely post on Facebook but whenever I reach the 10,000 mile goal I make a post on Facebook thanking all who have contributed to meeting the challenge possible - my wife, Strava friends and cyclists with whom I ride in group rides.

A Close Call -The Importance of Bike Cameras

Gerry.jpg

“Education and awareness are always the way to go and the results can be most rewarding for all. I hope this helps everyone become better bike ambassadors on the roads, paths and trails.”

Guest Post by Gerry Stephenson – Cyclist, Commuter, and Bike Ambassador

*Gerry uses the Cycliq front and back bike cameras.

Hi, my name is Gerry and I have been cycling since 2001. Presently, I commute to and from work about eight to nine months a year and have been doing so the last four to five years. My route varies from 10-12 miles and includes both road and bike paths. When I ride, I always try to be a safe rider and educate others when it makes sense.

While commuting home on June 29th, 2018, I was riding north on a neighborhood street approaching a T-intersection. It was late afternoon; traffic was very light. I noticed a car and a fire truck preparing to come on the road behind me. The car passed with plenty of room before the intersection and my impending right turn. However, to my surprise, the fire truck driver decided that they had enough room to pass me only to turn right in front of me with clearly not enough space. I had to brake hard to avoid being hit. It should be noted that the fire truck had no flashing lights or sirens on at the time.  

  Footage captured from Gerry’s Cycliq bike camera.

Footage captured from Gerry’s Cycliq bike camera.

I did not attempt to confront the driver or squeeze in to the right of the truck. I did swear and was very upset at this close call. Knowing that I had this entire incident recorded with my Cycliq bike cameras (front and rear mounted cameras), I chose to wait until I got home and review the video and decide what to do. Cooler heads always prevail, and my focus is always on educating others, be it drivers or cyclists, in times like these. After reviewing the video, it was very clear that the fireman was at fault for not allowing me the three-foot rule, and I felt that they did not realize the actual size of the vehicle they were driving.

I emailed the fire department and very politely explained what had happened and included the video of the close call. I never once mentioned that I wanted the driver of the fire truck reprimanded or charged. What I asked for was an apology, and that this video be used to show and teach the department to be mindful of cyclists. Later that evening or possibly the next day, I received an email from the fire department apologizing and promising to add this video footage to their department training. This incident was reported by the liaison to the fire department commander as well.

First response from the fire department’s liaison:

“Hi Gerry,

First let me send you my apologies for the incident with our department, I have notified the Lieutenant and Battalion Chief on duty the day of your incident and the Chief of Staff is aware and corrective actions will be taken.

I will make sure the Chief gets your video and we will be sure to use it as a training piece in our driver/operator program so this never happens again.”

 Second email from the liaison:

“I believe a lesson learned/corrective action is being written, then it will go to the whole Department, then I believe the Fire Chief will send it to you.”

My Email:

“Hi, I truly appreciate your timely response and apology. I try my best to be very viable and obey all the rules of the road while cycling and all I ask in return is that all drivers do the same. So that you know I have a great contact for training in the matters of cycling and traffic laws. Her name is Megan Hottman; she is a lawyer that helps educate everyone on the laws of Colorado. She has done many classes all over the state for law enforcement and the cycling community. If you are interested I can put you in contact with her. Thank you again.”

 A couple of weeks later, I received another email confirming that the fire department had in fact updated their training for the entire department and would be sharing this training with other towns.

“Here is the ‘Lessons Learned’ that was made from your incident. It has been made required training for all crews on our department and was reviewed by all the command staff.”

The following is an excerpt from ‘Lessons Learned’:

Background: In June, a fire truck was responding non-emergent to a commercial fire alarm in a neighboring district. While proceeding northbound on Main, fire truck passed a bicyclist as both were approaching a T intersection. Fire truck Engineer determined that, at the current speed, he could safely pass the bicyclist, and proceeded to do so. The pass and lane change were made into the right turn lane. Upon review of the video provided from the cyclist perspective, it appears that clearance was closer than intended.

Generic Corrective Actions:

1. A general review of the Colorado state laws regarding passing of a cyclist.

§ 42-4-1003. Overtaking a vehicle on the left

1. The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to the limitations, exceptions, and special rules stated in this section and sections 42-4-1004 to 42-4- 1008:

a. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left of the vehicle at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle

b. The driver of a motor vehicle overtaking a bicyclist proceeding in the same direction shall allow the bicyclist at least a three-foot separation between the right side of the driver's vehicle, including all mirrors or other projections, and the left side of the bicyclist at all times.

c. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of the driver's vehicle until completely passed by the overtaking vehicle.

2. Be diligent in making sure that the perspective and safety of the cyclist is given a greater regard.

·      Always be aware of the size of, and space needed for the engine to maneuver.

·      Be sure to maintain constant Situational Awareness (SA) while driving apparatus and avoid becoming complacent about driving responsibilities due to mental focus on the incident the apparatus has been dispatched to.

·      If there is any question as to the safety of a pass, yield to the cyclist, and do not pass.

Note: The name and city of the fire department in this incident have been omitted at their request as well as any public sharing of the video.

Is Lane Splitting Unlawful?

Is Lane Splitting Unlawful?

By Maureen & Megan

No matter who you ask, it’s a controversial practice! Motorcyclists say it’s safer than sitting in traffic and eases traffic congestion. Cyclists maintain that it gets them ahead of traffic at intersections so they can be more visible to cars. Motorists argue that it’s dangerous and risky.

Lane splitting, also referred to as stripe riding or white lining, is the practice of riding a bicycle, motorcycle or any other two-wheeled vehicle between rows of slow-moving traffic driving in the same direction. Lane filtering refers to riding between lanes going in the same direction in stopped traffic. 

California is currently the only state that allows motorcycle lane splitting. 

So, what does this mean for cyclists? We received the following inquiry from a cyclist about lane splitting/filtering:

‘Is any part of the CO Law applicable to lane filtering or splitting? 

For example, is it legal for a cyclist to ride between stopped traffic in their lane and parked cars on the right or to ride between two lanes of stopped traffic?”

There is no statute in Colorado that specifically prohibits cyclists from lane splitting or lane filtering; however, the conclusion has always been that since it’s not legal for motorcyclists, cyclists should not do it either.

Furthermore, a cyclist has the same rights and duties as the driver of any other vehicle, so they should follow the same rules when it comes to overtaking and passing another vehicle on the left or right.

"The law says you cannot overtake a vehicle traveling in the same lane and direction, with certain exceptions.  Lane splitting has two major concerns.  #1) as cyclists, the law requires you be given 3-feet when being passed.  Should it not be the same for a cyclist passing a motor vehicle?  #2) we already have a problem in Colorado with motorists not expecting cyclists to be where they have the right to be (think right-hook turns). The concern is if lane splitting is permitted, how many accidents and incidents of road rage will we have until the motoring public comes to terms with this mentally and in their driving behavior?" says Frank Barr, Police Officer for the City of Golden.  

Chances are, if a cyclist chooses to pass between lanes of cars, or pass up the right side (where there is no bike lane), if a collision occurred- for example, if a car in the right lane suddenly decided to make a right turn having no idea a cyclist has pulled up alongside them, the cyclist will be found at fault, or half-at-fault.  Anytime a cyclist does something to deprive themselves of the 3-foot buffer- like pulling alongside the right side of stopped cars, between the car and a curb, if a collision occurs, the cyclist is going to share some blame.  

Consider the following scenarios that could cause a cyclist serious injury or death if lane splitting or filtering forward:

  • Cyclist is riding between two lanes of moving traffic when a motorist switches lanes unexpectedly and crashes into the cyclist
  • Cyclist gets doored when riding between traffic lanes when a passenger opens car door to exit vehicle
  • Cyclist stops on the passenger side of the vehicle in the driver’s blind spot and is right-hooked by a turning vehicle at an intersection after filtering forward

When approaching an intersection, it is recommended that a cyclist takes the lane instead of lane splitting or filtering forward. League Certified Instructor Gary Harty prefers to take the lane and wait his turn at stop lights especially if there are only two or three cars ahead of him. “I don’t like to go ahead of the first car because I may not be visible and would be setting myself up for being right hooked,” he says. 

Harty prefers to control his lane when turning left. If he is going straight, he will position himself next to the white line, either left or right of the line, the side with the least amount of traffic. “I understand both sides are legal and defend against right hooks. If traffic is slow I would like to control the thru lane.”

Cutting through traffic with rows of cars on both sides doesn’t give a cyclist adequate space either, especially considering that motorists have to give cyclists three-feet when passing. 

  Denver has 130 miles of bike lanes

Denver has 130 miles of bike lanes

“In a perfect world, you would have a minimum of four feet between you and parked cars on your right to prevent being doored and another three feet on your left between you and the projections of the moving vehicles on your left.  If you give yourself three feet in which you occupy space, this is a total of ten feet minimum between parked cars and the moving traffic lane.  I can’t think of any place in this area where that space exists.  Our bicycle infrastructure has not reached that level yet. Therefore, if a cyclist is going to ride into that space that is much less than ten feet, there is a great deal of risk involved and potentially a conflict with CRS that states you should pass slower vehicles on the left,” says Harty.

As bicycling becomes more of an accepted form of transportation across the country, cities are working to make improvements to bicycling infrastructure. According to its website , the City of Denver has:

  • more than 100 miles of multi-use trails.
  • 130 miles of bike lanes.
  • 39 miles of sharrows, and almost 400 miles of signed bike routes. 

Denver’s Bicycle Program is improving on-street facilities and creating connections between Denver's neighborhoods and destinations. Bicycle traffic signals, green pavement marking, designated bike lanes, bikeways, buffered lanes and green bike boxes are being installed around the city.

  Green pavement markings in Denver notifying motorists of the presence of bicyclists

Green pavement markings in Denver notifying motorists of the presence of bicyclists

Bike boxes and bike lanes make it possible for cyclists to avoid lane splitting/filtering to get ahead of vehicles at intersections. Cyclists position themselves ahead of cars in the bike box and have priority to move into the intersection when the light turns green. Motorists must wait behind the green bike box at the white stop line. This gives cyclists priority to move through the intersection.

  Bike box at 11  th   and Speer in Denver

Bike box at 11th and Speer in Denver

People for Bikes has been working hard to add these green lanes and boxes with their “green lane” projects- which provide funding to cities to make it possible for the addition of this infrastructure.  These lanes and the bright green paint make it much safer for cyclists and allow them to move to the front of an intersection legally.  (Read more here: https://peopleforbikes.org/green-lane-project/).

 

Expanding and improving bicycling infrastructure to make bicycling more accessible and safe will take time. In the meantime, use caution when you are cycling and don’t put yourself in a situation where splitting the lane or filtering forward could result in injury.

#10000milesin2018: Month Five Update!

Total Miles to Date: Target: 4166 miles. . . My mileage: 4204  (WOOHOO!!)

Goal by end of June/halfway through 2018 = 5,000!

Total Number of Strava Group Members: 295

This month we would like to feature Tom A. from Longmont, CO, one of the #10kin2018 members. I ran into Tom, a former client, and his wife while out on a ride over the weekend.

Current Mileage: 4,202

How long have you been a cyclist?

I have enjoyed cycling in one form or another most of my life.  My wife, Nanette, and I started using cycling for fitness about 10 years ago.  At the urging of friends, I purchased a modern road bike in 2012. 

The road bikes have opened up so many new opportunities to ride and meet new people.

How did you find out about the challenge?

Megan_Nanette_Tom.jpg

I believe I first heard about Megan's 10,000 mile challenge from her Twitter feed.  It sounded crazy. I hesitated, but then decided I would go for it in order to get in shape for summer.

Good weather and good health this spring allowed me to get a good jumpstart on the goal.

Why did you decide to join the challenge?

The Strava 10K mile in 2018 challenge came at a good time for me.  It provided additional incentive to get our there and get in shape for the Ride the Rockies this June. 

How have you incorporated commuting by bike/getting in the miles for the challenge into your daily life?

Nanette and I have worked the bike rides into our daily lives.  We ride for short errands, shopping and to meet ups with our daughters & grandsons. 

I end up with a lot of short mileage rides.  I commute to work when the roads are dry. I take a lunch ride with friends whenever I can.

What are the benefits to riding your bike/joining the challenge?

I find starting the day with a bike ride to work kick starts my brain activity! I really miss it when I am unable to get my morning ride.

Colorado's New Stop-As-Yield Legislation

By Megan & Maureen: 

SB18-144

Bicycle Operation Approaching Intersection

Concerning the regulation of bicycles approaching intersections.

On May 3, 2018, Colorado Governor Hickenlooper signed into law SB144, or what’s commonly referred to as the Idaho stop, also known as a safety or rolling stop or “stop as yield.” In effect in Idaho since 1982, the law allows cyclists to treat a stop sign like a yield sign and a red light like a stop sign. In 2017, Delaware adopted a limited stop as yield law.

Interestingly, the new Colorado law isn’t actually a state law – it’s recommended language, which each individual city or county may now adopt at its option.

C.R.S § 42-4-1412.5 provides a statewide standard on the regulation of bicycles approaching intersections which local governments can choose to implement:  Idaho stops were already legal in Aspen, Breckenridge and Dillon, as well as Summit County, prior to the passage of this new law.

(1) At intersections with stop signs, a cyclist should slow “to a reasonable speed and yield the right-of-way to any traffic or pedestrian in or approaching the intersection.” The cyclist may then turn or go through the intersection without stopping.

A reasonable speed is considered 15 mph or less. Local governments may reduce or increase the reasonable speed but will be required to post signs at intersections stating the lower or higher speed limitations.

(2) At red traffic lights, cyclists are required to completely stop and yield to traffic and pedestrians. Once the cyclist has yielded, they may “cautiously proceed in the same direction through the intersection or make a right-hand turn. A cyclist may not go through the intersection at a red light if an oncoming vehicle is turning or preparing to turn left in front of the person.”

The law further states that a cyclist may only make a left-hand turn at a red traffic light if turning onto a one-way street. The cyclist must stop and then yield to traffic and pedestrians before turning left. NOTE: It is not legal for a cyclist to make a left-hand turn onto a two-lane road (one lane in each direction) at an intersection with a red traffic light.

This law does not give cyclists the right to blow through intersections: they still have to yield. 

Megan Hottman (@cyclist_lawyer) on Instagram: "Round 2 filming bike safety/motorist awareness #PSA videos today with the #bikeambassadors and..."

(Example see video at right: our friend Katie running a stop sign (part of a cycling video series the City of Golden is making-don't worry, this was a controlled intersection!)

At all other times, cyclists must comply with the rules set forth in CRS §42-4-1412 and 42-4-221 regarding the operation of bicycles and other human-powered vehicles.

The main argument for the Idaho stop appears to be that it increases safety for cyclists.  Senator Andy Kerr, who authored Senate Bill 18-144, is a cyclist himself. He maintains that the most dangerous time for a cyclist is when they are stopped at an intersection.  Colorado’s local bicycle advocacy group, Bicycle Colorado, was also strongly in favor of this new rule and was actively involved in its passage.

If a cyclist is not waiting at an intersection, they are less likely to be hit by a car. The faster they can get through the intersection and out of the way of motorists, the better. Additionally, when a cyclist can proceed through an intersection and get out in front of traffic, there is less chance of getting hit by a vehicle making a right-hand turn.

A study by Jason Meggs titled ‘Bicycle Safety and Choice: Compounded Public Cobenefits of the Idaho Law Relaxing Stop Requirements for Cycling’ found that a year after the Idaho stop law was implemented, cyclist injuries declined by 14.5 percent in Idaho. Meggs further stated that there is no evidence that fatalities increased as a result of the adoption of the law in Idaho.

“I'm an ‘Idaho Stopper’ who approves this change in traffic laws that favors cyclists. As a threatened road user group, cyclists need the added protection of bike-specific laws that promote safer cycling like the Idaho stop and 3-foot passing.” (Richard H.)

Another argument in favor of the law is that it legalizes what most people already do. A study by DePaul University’s Chaddick Institute for Metropolitan Development found that only about 1 in 25 cyclists come to a complete stop at stop signs. Two out of three cyclists go through red lights when there's no cross traffic. (See also- CU Study).

The most prevalent response as to why cyclists break the rules of the road was “personal safety,” with more than 71 percent of respondents citing that as a reason. Saving energy came in second for bicyclists (56 percent) followed by saving time (50 percent). Increasing one’s visibility was the fourth-most-cited response (47 percent) for bicyclists breaking the law. The authors noted that an overwhelming majority of bicyclists break the rules, but suggested they did so in situations where little harm would come to themselves or others.
— Aaron Johnson, a PhD student in sociology at CU Boulder : https://www.colorado.edu/asmagazine/2017/08/04/biking-bad

It has also been argued that it takes significant energy for a cyclist to start again after having to stop at stop signs/traffic signals.  The DePaul study suggests that “when cyclists sense there are no immediate safety risks, their desire to maintain forward momentum and conserve energy almost always exceeds their desire to strictly adhere to traffic laws.”

We solicited comments and feedback via our Facebook page and share below, some of the varying thoughts we received:

“I think it's a good thing for cyclists, codifying what a lot of people, frankly, were doing anyway. It doesn't absolve cyclists of a responsibility to ride safely, but just acknowledges the realities of bike riding.” (Brandon R.)

The new law could also improve the flow of traffic and reduce congestion by getting cyclists and motorists through intersections more quickly.

Another argument: traffic signs and signals were not created with cyclists in mind. Cyclists often have to wait at traffic lights until a motor vehicle triggers a sensor to change the light: 

“I approve of this, especially the red stop light law. So many times I come across stupid stop lights that won't change unless they detect a car. This will allow cyclists to proceed without fear of a ticket.” (Kerry N.)

Not everyone is in favor of the new law. Opponents argue that bicyclists should follow the same rules as motorists. They further maintain that bicyclist behavior will be even more unpredictable and dangerous:

“All users of the road have to abide by the same set of rules. Confusion will abound and accidents will occur.” (TJ R.)

Many worry that the new law should be implemented statewide and will lead to confusion for both drivers and cyclists since counties and municipalities can decide whether to adopt the law:

“The opt-in aspect is disappointing and will create significant confusion for motorists, cyclists, and law-enforcement. Imagine if Denver opts-in but Lakewood does not. So east of Sheridan you can use the Idaho stop, but west of Sheridan doing so will get you a ticket. Someone driving through Lakewood who sees a cyclist getting a ticket for rolling a stop sign will assume that behavior is not permitted anywhere. So when a cyclist does it in front of them in Denver, they're going to get angry and annoyed at the cyclist for (incorrectly) believing the cyclist is breaking the law. While I understand the need to add that piece in order to make the legislation palatable for the state legislature to pass it, the inability to have a uniform law that would improve cyclist safety is disappointing.” (Kathryn W.)

Some suggest that the law may create even more tension between motorists and cyclists:

“As a cyclist, I think it makes a lot of sense, but motorists aren't likely to see it that way. So, if widely used, I think it is going to inflame the notion that cyclists are an elite group who believe ‘the rules don't apply to them’ (because many motorists will be either unaware of the change or just dislike it). I also think you are safest on a bike on the road when you do predictable things - meaning that you act like a car. When you move in between being-like-a-car and following some pattern that drivers aren't used to, that is when people make mistakes because something happens they weren't expecting.” (Greg M.)

IMG_2695.jpg

We ran an informal poll of Golden-area cyclists to ask them if they were in favor of this rule, or opposed to it.  While some who live out of city limits did accidentally vote, the overwhelming majority voted in favor.

 

 

 

 

 

Moving forward, the challenge will now be to educate motorists, cyclists and law enforcement about the new law – if, and when, cities and counties decide to adopt it.  As of now, cyclists must still stop at stop signs and red lights until this language is adopted in their jurisdictions. And of course a cyclist always has the option to remain stopped at the red light until it turns green.  

We'd love your feedback/comments- what do you think about your local city or county adopting this legislation?  If you have a strong opinion, we recommend you let your local city council members know -chances are, they are debating this very issue right now! 

Police Unity Tour- recap in photos

What a week, riding bikes alongside our Colorado (and nation's) law enforcement officers!  It was a WONDERFUL way to celebrate my birthday, but more importantly, to honor those who've made the ultimate sacrifice.  I cannot say enough about how positive this experience was! 

#10000milesin2018: Month four

#10000milesin2018: Month Four Update!

Total Miles to Date: Target: 3288 miles. Current mileage: 3122. 

How is your mileage goal coming along so far?

Here’s how some of our 10,000 Miles in 2018 members are doing:

-Phil I. (Sutton Coldfield, England): Currently slightly behind, just over 2,500 miles ridden; however, mileage will start to increase now, as weather (hopefully) improves & ‘Chase the Sun’ training kicks up several levels...

-Carl A. (Wilmington, North Carolina): Ahead of schedule by 872 miles

-Marcus C. (Aurora, Colorado): 5 miles ahead of schedule

Total Number of Strava Group Members: 290


Challenges: I am happy to say that April was a pretty smooth month overall.  The weather is improving and I am getting better at fitting in the 27 mile/day average with my training schedule as I start to ramp up towards some races.  

One ride was particularly frustrating - about a week ago I set out for a nice long Sunday solo ride-  the sun was out, I had an open day and the wind for once was not howling like crazy.  About the time I was as far away from my house as I could possibly be, I clipped out of my pedal at a stop light and felt my cleat break.  I continued on attempting to rest my shoe on my pedal, and tried to take a "short cut" through Chatfield to the closest bike shop that would likely sell the cleats.  Sadly, Chatfield is all torn up and I found myself facing a giant field of dirt where the road once was.  I had to reverse those miles back to a logical place (Waterton Canyon) where I realized I had no choice but to call an Uber to get home.  After 20 miles of resting the shoe on my Speedplay pedal I knew I wouldn't be able to do that another 30 miles home to Golden.  Calling an uber to get bailed out on a ride was a first! 

Another interesting "challenge" was finding a yelp review someone left about my law firm online.  It appeared to be from insurance defense counsel (i.e. opposing counsel in our cases).  The post made a point to criticize my #10000milesin2018 goal -actually suggesting readers find my group on Strava and shaming me for attempting such a goal ...  I found the commentary really interesting- apparently it is acceptable to spend 2 hours a day car commuting, but not 2 hours a day bike riding and commuting?  All that post did was fire me up even more to hit this goal! 

Highlights: April was also #30daysofbiking ! 

Last weekend I enjoyed 2 back-to-back sunny days of miles with a friend and we didn't have a single motorist issue, a single flat, or mechanical- nothing but those enjoyable, blissful miles in the sun.  Those make me so happy -they charge my battery for days and days.  

THIS MONTH’S QUESTION:  Is this goal easier or harder than expected?

I found it getting pretty tough in February and March but now I'm finding a groove and heading into summer and some events ahead, I am hoping I can enter the fall and winter with some banked miles to get me through the cold months ;) 

Take the Pledge: April is Distracted Driving Awareness Month

By Maureen & Megan

Cyclist John Kirby was riding in the bike lane in Parker, Colorado in November 2017 when he was hit and killed by an alleged distracted driver.

  (A special thanks to our friend Russell, for posing for this photo.  Don't worry, the car is not in motion!). 

(A special thanks to our friend Russell, for posing for this photo.  Don't worry, the car is not in motion!). 

According to the arrest affidavit, the driver became distracted when she “looked down to push the off button on the vehicle’s stereo,” to turn off an incoming call. That’s when she veered into the bike lane hitting Kirby.

Any activity that could divert a driver’s attention away from the primary task of driving is distracted driving. This includes the use of cell phones and electronics and eating or drinking. If, while driving, you are entering information into your navigation system, changing radio stations or typing a text message, you are distracted.

It’s negligent, unsafe and puts others at risk, especially cyclists on roadways.

Not surprisingly, distracted driving is on the rise nationwide, especially with more people using cell phones. According to The National Highway Traffic Safety Administration, 3,477 people were killed in motor vehicle crashes due to distracted driving in 2015.

The Colorado Department of Transportation reports that:

  • Distracted drivers cause an average of 40 crashes every day in Colorado.
  • Sixty seven deaths in 2016 involved Colorado distracted drivers.

Our office has handled numerous cases where distractions involving a cell phone were either strongly suspected or were absolutely involved in causing the collision. 

One of Megan’s most common practices is to check social media for photos the at-fault driver has taken on their phone while in the car (has anyone else noticed this bizarre trend of taking selfies of oneself sitting in the driver’s seat with the seatbelt on?).  Megan has used these photos to argue that the driver frequently used, touched, messed with, and operated a phone while in the vehicle. 

Photo 2.jpg

There is no question that juries punish this behavior with larger verdicts.  Interestingly though, there seems to be a trend where jurors, cyclists, society at large, “tsk-tsks” this behavior and yet, it seems so prolific that “everyone is doing it.”  Why do we shame others for the very conduct we ourselves do? 

One issue that seems to arise is the use of map apps or directions to get to a destination. 

There are two solutions to this that would remove the phone from a driver’s arm’s reach:  One, use the car’s built-in NAV system and don’t use the phone for directions.  Two, type the destination into the phone and set it to an audible turn-by-turn guidance format.  Then, stash the phone back in the backseat or trunk where you cannot reach it. 

Numerous studies and statistics show that once the phone is within eyesight of a driver or user, it is almost impossible to resist the urge to check it, touch it, use it ...  The phone is an addictive device for most users.  Therefore, to ensure you are never a distracted driver, it needs to be out of sight each time you operate your vehicle. 

Several laws in Colorado are aimed at distracted driving:

C.R.S. § 42-4-239 states:

Photo 3.jpg

A person under eighteen years of age shall not use a wireless telephone while operating a motor vehicle.
A person eighteen years of age or older shall not use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry while operating a motor vehicle.

Forty seven states make text messaging illegal while driving.

C.R.S. § 42-4-1411 addresses the use of earphones:

 It is against the law to operate a motor vehicle while wearing earphones that include a headset, radio, tape player, or other similar device which provides the listener with music, radio, or recorded information and which covers all or a portion of the ears.

Do these laws do enough to protect cyclists?

In January and February 2018, bills aimed at decreasing distracted driving throughout Colorado and protecting vulnerable road users did not make it out of committee or were voted down during the Colorado legislative session.

Senate Bills 18-140 and 18-049 would have made careless driving a class 1 misdemeanor and increased the penalties imposed for distracted driving.

“Keep pushing car companies to produce technology that makes steering and texting at the same time impossible.”
— Tim Blumenthal, People For Bikes

What we can do to make the roads safer for motorists, cyclists and pedestrians:

  1. Take the pledge to drive free of distractions. Whether you do this online or privately, pledge to drive without texting, checking social media, changing the radio station, multi-tasking or any behavior that is going to take your eyes off the road.
  2. All cyclists, while operating their motor vehicles, should be distraction-free.  If we want to set the example and make roads safer for us when we are riding, then our call to action when we are motorists is to put those phones in the backseat or truck (as many in Canada do, given the harsh penalties there for even touching one’s phone). 
  3. Check out the National Safety Council pledge here or the “It Can Wait” campaign here if you want to make your pledge official.
  4. Advocate for laws that will impose tougher penalties for distracted driving. Speak up for laws that will make cycling safer and provide better infrastructure for cyclists.
  5. Get involved with a bike organization such as PeopleForBikes, whose aim is to make riding better for everyone. They represent all types of cyclists and work at city, state and national levels to improve bike infrastructure and provide support to bicycle advocacy groups on a local level.  Membership is free so SIGN UP! 
  6. Pull off to the side of the road if you need to make a call or just turn your cell phone off while driving.
  7. Be a role model. If you are a parent, put down your phone while driving when your kids are in the car. Don’t call or text your kids if they know you might be driving. Set a good example!
  8. If you are interested in your state’s distracted driving laws, the Governor’s Highway Safety Association has put together a state-by-state chart here