Bikes and the Law

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A presentation on Bikes and the Law for the state of Colorado

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Bikes and the Law

  1. 1. BIKES AND THE LAWFriday, September 23, 2011
  2. 2. Friday, September 23, 2011
  3. 3. Statutory Law  Definitions - ◦ C.R.S. 42-1-102 - Bicycle Defined ◦ C.R.S. 42-4-1412 - Rights and Duties ◦ C.R.S. 42-4-221 - Lights and Reflectors ◦ C.R.S. 42-4-1301 - DUI ◦ C.R.S. 42-4-127 - Suspension ofFriday, September 23, 2011
  4. 4. § 42-1-102. Definitions (8) “Automobile” means any motor vehicle. (10) “Bicycle” means a vehicle propelled by human power applied to pedals upon which a person may ride having two tandem wheels or two parallel wheels and one forward wheel, all of which are more than fourteen inches in diameter.Friday, September 23, 2011
  5. 5. Folding BicyclesFriday, September 23, 2011
  6. 6. Bicyclist Rights and Duties §42-4-1412. Operation of bicycles and other human-powered vehicles  (1) Every person riding a bicycle shall have all of the rights and duties applicable to the driver of any other vehicle under this article,  Said riders shall comply with the rules set forth in this section and section 42-4-221, and, when using streets and highways within incorporated cities and towns, shall be subject to local ordinances regulating the operation of bicycles;Friday, September 23, 2011
  7. 7. Operation and Interaction with Motor Vehicles  42-4-1214 A bicyclist shall ride far enough to the right as judged safe by the bicyclist;  A bicyclist shall not be expected or required to: (I)Ride over or through hazards at the edge of a roadway, including but not limited to fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or narrow lanes; or (II) Ride without a reasonable safety margin on the right- hand side of the roadway.Friday, September 23, 2011
  8. 8. Bicycle Operation  C.R.S. 42-4-1412 Persons riding bicycles two abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane.  A signal of intention to turn right or left when required shall be given continuously during for one hundred feet before turning and while waiting to turn. A signal by hand and arm need not be given continuously if the hand needed to control or operation the bicycle; A person riding or walking a bicycle upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk shall have all the rights and duties applicable to a pedestrian section 42-4-802; A person shall not ride a bicycle upon a sidewalk or pathway or across a crosswalk prohibited by traffic control devices or local ordinances. A person riding a bicycle shall dismount before entering any crosswalk as required by traffic control devices or local ordinances.Friday, September 23, 2011
  9. 9. § 42-4-1003. Overtaking a vehicle on the left (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 drivers vehicle, including all mirrors or other projections, and the left side of the bicyclist at all times. Friday, September 23, 2011
  10. 10. Bike Lights §42-4-221. Bicycle and personal mobility device equipment (2)Every bicycle shall be equipped with a lamp on the front emitting a white light visible from a distance of at least five hundred feet to the front. (3) Every bicycle shall be equipped with a red reflector which shall be visible for six hundred feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. (4) Every bicycle section 42-4-204 shall be equipped with reflective material of sufficient size and reflectivity to be visible from both sides for six hundred feet when directly in front of lawful lower beams of head lamps on a motor vehicle or, in lieu of such reflective material, with a lighted lamp visible from both sides from a distance of at least five hundred feet.Friday, September 23, 2011
  11. 11. Applicability of Bike Statutes to the Civil Case  Case Strength  Language for Jury Instructions  CJI 11:3 and 11:4  Rules of the Case/Experts  Negligence Per Se (1) the purpose of the statute was to protect against the type of injuries the cyclist sustained, and (2) the cyclist was a member of the group of persons the statute or ordinance wasFriday, September 23, 2011 intended to protect.
  12. 12. CJI 11:3 Duty of Care of Pedestrian or Bicycle Operator Having Right of Way Although a (pedestrian) (bicycle operator) may have the right of way, the (pedestrian) (bicycle operator) must exercise reasonable care considering the existing conditions. 11:4 Pedestrian in Crosswalk A pedestrian who is properly in a crosswalk has the right of way over vehicular traffic. 1. A pedestrian who is not properly in a crosswalk is not necessarily negligent. Such failure must also have been a cause of the pedestrians injuries. Radetsky v. Leonard, 145 Colo. 358, 358 P.2d 1014 (1961). The statutory provisions governing the rights of way between pedestrians and motor vehicles include §§ 42-4-801 to 42-4-803 and 42-4-805 to 42-4-808, C.R.S. See also Ridenour v. Diffee, 133 Colo. 467, 297 P.2d 280 (1956). Friday, September 23, 2011
  13. 13. Insurance Law  Medical Payments Coverage 10-4-635 ◦ Exclusion ◦ Stacking- single policy, single premium ◦ Premise liability ◦ Managing coverages  UIM ◦ 10-4-609 anti-stacking prohibited  Liability Coverage – homeowners policy  Premises Liability – on premises only  DUI – 42-2-1301 includes allFriday, September 23, 2011
  14. 14. § 10-4-635. Medical payments coverage (1)(a) no automobile liability or motor vehicle liability policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance, or use of a motor vehicle shall be delivered or issued for delivery in this state unless coverage is provided in the policy or in a supplemental policy for medical payments with benefits of five thousand dollars for bodily injury, sickness, or disease resulting from the ownership, maintenance, or use of the motor vehicle. This section shall not apply to: (4)(a) A person obtaining an automobile liability or motor vehicle policy insuring against loss resulting from the ownership, maintenance, or use of a motorcycle, low-power scooter, or toy vehicle, as defined in section 42-1-102, C.R.S., a snowmobile, as defined in section 33-14-101, C.R.S., or any vehicle designed primarily for use off the road or on rails; Friday, September 23, 2011
  15. 15. Bike Case Development  Discovery Overview  Rider Profile  Equipment  Computing Information  On Line InformationFriday, September 23, 2011
  16. 16. The Bicyclist  User type/profile ◦ Commuter, recreational rider, mountain biker, downhiller, free rider, triathlete, track rider, road racer, cross racer, and mountain racer.Friday, September 23, 2011
  17. 17. CommuterFriday, September 23, 2011
  18. 18. Recreational RiderFriday, September 23, 2011
  19. 19. Road RacerFriday, September 23, 2011
  20. 20. Mountain BikerFriday, September 23, 2011
  21. 21. Rider Profiles  Each rider profile is associated with behavioral characteristics consistent with pre-conceived notions of judges and jurors  Each bicycle has mechanical characteristics relevant to the profile and liability analysis.  Bikes are made to do certain things and affect perceptions regarding use and attitudes toward safety and riding habits. ◦ E.g., road bike, mountain bike (street, trail/x- country, downhill), commuter or utility bike, cruiser, single speed, fixed gear, bmx, cyclo- cross bike, time trial bike, track bike, and folding bikes. All affect speed, braking, acceleration, and control of the bicycle.  Each profile is perceived differently by jurorsFriday, September 23, 2011
  22. 22. The Bicyclist’s Equipment  Specialized equipment with strengths and weaknesses that affect liability and mitigation of damagesFriday, September 23, 2011
  23. 23. Road BicycleFriday, September 23, 2011
  24. 24. Mountain BicycleFriday, September 23, 2011
  25. 25. Cruiser BicycleFriday, September 23, 2011
  26. 26. The Bicyclists EquipmentFriday, September 23, 2011
  27. 27. The Bike and Components  You need to know basic bicycle mechanics to understand the capabilities and limitations of different bikes and bike equipment  E.g., brakes, gears, steering, lighting, and gadgetsFriday, September 23, 2011
  28. 28. Brakes and Braking Ability  Calipher Brakes (side and center pull)Friday, September 23, 2011
  29. 29. Brakes and Braking Ability  Cantilever BrakesFriday, September 23, 2011
  30. 30. Brakes and Braking Ability  V-BrakesFriday, September 23, 2011
  31. 31. Brakes and Braking Ability  Disc BrakesFriday, September 23, 2011
  32. 32. Brakes and Braking Ability  Drum BrakesFriday, September 23, 2011
  33. 33. Brakes and Braking Ability  Coaster BrakesFriday, September 23, 2011
  34. 34. Bike Lights  Filament LampFriday, September 23, 2011
  35. 35. Bike Lights  LED’s  HID  Filaments  FlashersFriday, September 23, 2011
  36. 36. Bike ComputingFriday, September 23, 2011
  37. 37. Training Logs andFriday, September 23, 2011
  38. 38. Training Log InformationFriday, September 23, 2011
  39. 39. Friday, September 23, 2011
  40. 40. Friday, September 23, 2011
  41. 41. Specific Ride Performance Damages InformationFriday, September 23, 2011
  42. 42. Investigation  On SceneFriday, September 23, 2011
  43. 43. Friday, September 23, 2011
  44. 44. Friday, September 23, 2011
  45. 45. Friday, September 23, 2011
  46. 46. Friday, September 23, 2011
  47. 47. Bike Case Considerations  Standard Discovery of PI Case  Bicycle Specific Information  Rider  Equipment  Bike Computers, GPS, Power Taps  On-System Data and On line Data  Admissibility of Information  Accuracy and reliability Proprietary InformationFriday, September 23, 2011
  48. 48. Friday, September 23, 2011
  49. 49. Friday, September 23, 2011
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  51. 51. Friday, September 23, 2011
  52. 52. Friday, September 23, 2011
  53. 53. Friday, September 23, 2011
  54. 54. BIKES AND THE LAW Stuart Mann, Esq. Thank you.Friday, September 23, 2011

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