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Steve Magas, Ohio's Bike Lawyer

Don't let a bicycle crash turn your life Upside Down! Lost wages and medical bills pile up while you are in pain. The last thing you need is to be taken advantage of by an insurance company.

Steve Magas, The Bike Lawyer, has been protecting the rights of riders for more than 25 years. Steve has handled more than 200 "bike cases" including wrongful death and brain damage cases, and accidents causing riders to suffer major injuries, fractures, disk injuries, back injuries, neck injuries, surgeries, road burns, clavicle and scapula fractures, rotator cuff injuries and more. Steve provides a FREE CONSULTATION to discuss your claim. Call him at 513-484-BIKE [2453] or write to him at bike lawyer [at] aol dot com to discuss your crash TODAY!

The BIKE LAWYER Will Be Speaking at the COLUMBUS RIDE OF SILENCE

On Wednesday May 16 I will be speaking at the Columbus, Ohio Ride of Silence.  This ride usually draws BIG crowds –  700+ riders – at the State Capital.

In thinking about what to talk about … there are so many topics it’s hard to know where to start for a brief 10-15 minute presentation.

 

Certainly the Hit/Run Epidemic should be a topic.  Columbus, and Ohio, has had its share of hit/run fatalities in the cycling world over the past couple years:

- Jeff Stevenson –        5/21/2010 [Columbus]

- Trent Music               11/16/2010 [Columbus]

- James Trammel       9/20/10 [Clermont]

- Kristina Godinez –   6/10/11 [Columbus]

- Martha Miller           12/23/11 – [Logan County]

A quick google search of “hit/run epidemic” reveals stories about such things in Chicago [blaming illegal aliens], LA, Houston, and Miami

As I pointed out in a prior piece - the question of WHY is easy – because a) You Don’t Get Caught or b) You Don’t Get Caught While You’re Still Drunk or c) You Don’t Have Insurance or d) You Have Outstanding Warrants or, the BIG one, e) Even if they DO catch you, you’re not likely to do much time for killing someone… 30 days is apparently the going rate in Columbus…

Another topic is What Cyclists Do Wrong - 

- Run Stop Signs – in 2010 two of the 11 cyclists killed were experienced riders who were struck when they attempted to cross from a bike trail to a road

- Night Riding – This is an ongoing problem – riding at night without appropriate gear. In 2010, the 3 hit/run deaths each involved riders who were unlit.  In 2011 there were four fatal crashes in the dark.  In three the riders were unlit – in one, Martha Miller had full lighting AND a reflective vest as she rode home from her job as an Amish school teacher two days before Christmas…

What Can Help?

To me, CLEARLY, UNEQUIVOCALLY we need to EDUCATE MOTORISTS that Cyclists have the right to use the roads – virtually ANY road in Ohio-  at any time day or night, in any traffic conditions… Until cyclists are simply accepted as one bright thread in the multi-colored “fabric of traffic” we will continue to be seen, and treated, as second class citizens by motorists, and even police officers in many jurisdictions…

In addition to educating motorists, we CLEARLY & UNEQUIVOCALLY need to EDUCATE CYCLISTS – Riders need to understand that once you cross the line – the line that separates the world into two parts – the parts ON the roadway and the parts NOT ON the roadway – once you cross that line and go ON the roadway, you have to take this driving business very seriously.  This means riding LEGALLY – obeying traffic control devices, NOT running red lights and stop signs, NOT weaving through traffic, lane splitting and otherwise behaving as a kid on a toy, not a serious vehicle operator.

Motorcycle training is excellent for this, as I have written many times… the “SEE” approach has the rider looking several seconds up the road for potential problems, developing a plan to deal with those problems and implementing that plan early enough so as to AVOID the potential problems – for cyclists this means SEEING the “door zone ahead and moving out early enough that you are not likely to get zinged by an unseen door opener – or plotting a line through traffic early enough to make an effective, NON-scary left turn… In the motorcycle world, you are taught that this is a constant, ongoing dymanic process which can change second by second… for the cyclist, it’s more foot by foot -

The Ride of Silence is an outstanding event – not a race, just a slow, quiet casual ride which allows riders to MAKE a POINT – we are HERE and we’re NOT GOING AWAY – while quietly remembering, and honoring, those who lost their lives on the roads….

Let’s be careful out there…

Steve Magas

 

Why Do Motorists Hit Cyclists & Run? Because 30 days is better than 4-8 YEARS!~

In Columbus, the end comes to a criminal case two years in the making. Amber Fernandez was sentenced in the hit/run death of Jeff Stevenson and received a very severe wrist slap – instead of being punished for 4-8 years for killing Jeff Stevenson, or even 1-3 years for the 3rd Degree Felony of Leaving the Scene, the judge gave her a whopping THIRTY DAYS for running away from the scene of what her lawyer called a “freak accident…”

  
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HOW TO WIN AN AFRAP CASE

HOW TO WIN AN AFRAP CASE –
A Close Look at Doug Morgan’s Columbus, Ohio Slam Dunk Victory

By Steven M. Magas, Ohio’s Bike Lawyer[1]

Early in 2010, my friend, and one of the smartest lawyers I know, Doug Morgan, defended a young cyclist in Franklin County Municipal Court.  The cyclist was cited for “taking the lane” on High Street – i.e. riding towards the center of the lane rather than hugging the white line. The officer cited him for a violation of Ohio’s “AFRAP” law, as adopted in the Columbus, Ohio, City Code.  Doug’s trial strategy should serve as a model for lawyers and cyclists alike in these cases.

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What To Do If You Crash?

WHAT TO DO IF YOU ARE IN A BIKE/CAR CRASH
By Steven M. Magas, Ohio’s Bike Lawyer

Is Cycling “Safe?”

Statistically, we know that riding a bike on the roadway is a VERY safe thing.  While there are 30-40,000 motorists who die on our roadways each year, the number of cyclist fatalities has dropped considerably from a high of 1000 or so in the mid-1970s to below 700 in 2008.  While motorcycle and pedestrian deaths are UP, cycling deaths are DOWN despite millions of new riders in this latest “Bike Boom!”

One reason for this decrease in cyclist deaths nationwide, I’m sure, is that the demographics of the “typical” cyclist involved in a fatal crash have totally flip-flopped since 1975.  Back in the 1970′s, MOST cycling fatalities involved kids – people under the age of 16 – which meant that riders were somewhat unpredictable.  There were a lot of “Dart Out” cases where children on bikes would suddenly appear on the roadway after darting out from a driveway.

Today, virtually all cycling deaths involved adults – indeed, adult men.   In 2009, almost 90%, 9 out of 10, of all cycling fatalities nationwide involved people OVER the age of 16, and 87% of those were men. The average age of a rider killed on the road today if over 40.Today’s adult riders are more likely to treat operating a bicycle on the roadway the same as driving a car.  They stay in their lane, know the rules of the road and don’t act in stupid or unpredictable ways – most of the time, anyway.

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MAGAS MAKES THE WALL STREET JOURNAL!

I wrote an essay a few years ago called “The BLS - Boring Legal Sh….er… Stuff – For Cyclists,” in which I described how your homeowner’s insurance, auto coverage, health insurance and more intersect when you are whacked by a car.  I also suggested that cyclists need to make sure their Estate Planning was in order by updating their will and having Powers of Attorney in place for financial and health care matters.  Fast forward a few years and this piece was mentioned on a hotsy-totsy financial planning website. A writer from The Wall Street Journal saw it -and suddenly I’m on the phone with Arden Dale, a regular WSJ contributor!  On March 13, 2012 Ms. Dale’s Wall Street Journal story about Estate Planning for Sports Enthusiasts hits the web, and there, in a 43 word paragraph, Ms. Dale describes our 30 minute conversation for all WSJ readers to take in.

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Darke County – Dark Case

Darke County, Ohio is a small rural county, about 600 square miles, that sits north of Dayton.  With one “city” in the county, Greenville, and a lot of smaller villages and townships, the total county population of 53,000-ish doesn’t seem surprising.  Like all of Ohio’s 88 counties, it has a courthouse, court system and judges, along with an elected prosecutor and sheriff.  Oddly, the Probate/Juvenile Court is online, but not the Common Pleas Court. It’s also the home court for a rather dark case…

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THE LATEST ATTACK ON CYCLING ADVOCACY

Jerry Walling and Roger Brislawn do what many, many cyclists around the country do – they sit on the Bicycle Advisory Committee of their community.  They never dreamed that accepting this role, and reviewing bike crashes, would lead them to the brink of “large fines and imprisonment...”

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Kelly Cox Gets 9.5 Years for Killing Cyclist

On May 23, 2012, Kelly Cox was driving her Chrysler Pacifica along Rapids Road near Chardon, Ohio… while drunk… very drunk…with kids in the car…  She ran into, and killed, Geauga County Judge Chip Henry.  Regular readers here know that I’ve written a good bit about this case already – and won’t reiterate what I’ve written here, here and here.

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Reps BOEHNER, SCHMIDT & GIBBS Tick Off Millions of Ohio Cyclists!

On February 2, 2012, Speaker of the House John Boehner,  Jean Schmidt  & Bob Gibbs, two Ohio members of the House of Representatives, ticked off MILLIONS of Ohio cyclists – how? By voting to KILL funding for bike and pedestrian projects.

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UPDATE – KELLY COX PLEADS GUILTY TO KILLING JUDGE CHIP HENRY

The case against Kelly Cox, the motorist accused of driving drunk, with an amazing 0.28%BAC, and killing cyclist Chip Henry, was set for trial today, January 23, 2012.  Numerous subpoenas had issued and the Henry family assembled for the ordeal that criminal trials are for the families of those killed.  Instead of starting trial, though, they discovered that last minute plea deal negotiations were underway.  Today, a few hours later, Kelly Cox plead guilty to the key crime – Aggravated Vehicular Homicide – and other crimes.

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