Bike photos by Steve Magas, a race in Walnut Hills, a bike rack at Ride Cincinnati, A ghost bike dedication ceremony and a beautiful bike bell

Protecting The Rights Of Those Who Ride

Steve Magas is Ohio's Bike Lawyer. He has written about Ohio Bike Laws, bike crashes, bicycle advocacy and court cases for some 30 years. Soon we'll be adding a series of features about your favorite Ohio bike shops.

Sausage Making in Action! A New Definition of “Bicycle” Is Signed Into Law

On April 1, 2013 Ohio’s not-so-Bike-Friendly Gov., John Kasich, signed HB51 into law.  This is the big “Transportation Bill” that has been in the news featuring New Improved FASTER Speed Limits. Buried in the bill, at line 2500 or so is a few lines added at the request of the Ohio Bicycle Federation – a new definition of “Bicycle.”

Why is this important?  Where did it come from?

It all started a traffic ticket given by police in Lakewood, Ohio to Vinnie Latessa, who was giving his 10-year old autistic son a ride in his “Rhodes Car…”

 

 

 

 

 

 

 

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THE BIKELAWYER’S OHIO BIKE CRASH APP RELEASED!

Yes, friends, it’s true.  After several months of development, my brand new BIKE CRASH APP is now available for downloading.

For Iphones – Download from Itunes

For Droids – Download from…er… um… Droidland – or wherever Droid users go…

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2013 OBF Law Proposal Includes Three Foot Law

The Ohio Bicycle Federation, Ohio’s only statewide bicycle advocacy group, has passed a set of three short, powerful law proposals to present to the Ohio Legislature.  These include:

A.  Three Foot Passing Law – a one sentence add-on to current law.

B.  Modification of the Definition of “Bicycle” – Designed to capture a broader set of pedal cycles, including the 4-wheel “Rhodes Car” that Vinnie Latessa uses to take his 10 year old autistic son for a ride in Lakewood, Ohio.

C.  Revise 4511.132- Malfunctioning Traffic Signal – This will cover situations where bicyclists and motorcyclists are stuck at a Red light because the “vehicle detector” doesn’t detect our vehicles!

MUCH more on this later – but for now, know that we will be pushing hard to get these issues before the legislature, through committee and brought to a vote.  These are, I believe, bi-partisan issues which “should” be no-brainers for both sides of the aisle in a divisive house and senate!

The proposed Three Foot Law will be a one sentence addition to 4511.27, Ohio’s passing law.  Current law mandates that a passing maneuver be accomplished at a “safe distance.”  The new proposal will add a sentence which states: “When a motor vehicle overtakes a bicycle, the safe passing distance shall be not less than three feet.

Not only will this law create a zone of safety around a cyclist but it will give police another ticketing option in those situations where a cyclist is “buzzed” at close proximity by an irritated or careless motorist, even if the “buzz” doesn’t result in a crash.

Anyone who rides on the road at all has, undoubtedly, been the victim of a “buzz.”  These motorist attacks are extremely dangerous – the slightest miscalculation by the motorist can lead to a deadly or serious crash.  More frequently, though, they result in either terrifying the cyclist, or causing a sense of rage against the motorist that can escalate into an unfortunate encounter.

I’ve been urging cyclists for many years to get the license number and report these incidents to police.  Demand that a police report be prepared.  Even if nothing further happens, that report is available to the NEXT cyclist this motorist “buzzes” – you KNOW they will do it again, eh?  In today’s riding climate, Helmet Cam’s are all the “rage” – and the next few years should provide us with quite a library of video footage to use to make these arguments effectively…

In the California “Road Rage” case involving Dr. Thompson, police were able to refer to several prior complaints cyclists lodged against Dr. Thompson to show that his actions were NOT “careless” or “negligent” but were the intentional actions of a “road rage”
perpetrator.   Dr. Thompson is currently serving a 5 year sentence, and will likely lose his medical license due to a felony conviction.

So, keep an eye on this page, my Facebook page, and the Ohio Bicycle Federation page for details on how YOU, yes, YOU, can become an active participant in state government and help us get these important points written into Ohio law.


BIKE BAN OVERTURNED IN COLORADO – What About OHIO?

In Colorado, something to cheer about – in a 29 page, complex decision the Colorado Supreme Court unanimously holds that Black Hawk’s bike ban conflicts with state law and cannot stand. I would love to see a similar ruling from the Ohio Supreme Court.

OHIO’S BAN on BIKE BANS

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HOW “RISKY” IS RIDING A BIKE IN OHIO? Not very…

Three in a week – that was last week’s post…

Now it’s FIVE in TWO weeks…  Five cyclists killed from August 27 – September 12, 2012.  Just how “risky” is riding a bike in Ohio?

Five Cycling Deaths in 2 Weeks

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Three Dead in One Week

As we were reeling from the violent death of Andy Gast near Lunken Airport last Tuesday, my inbox lit up a few more times.  On Monday a 46 year old cyclist, Thomas Leonard, had been struck and killed  in the Columbus, Ohio area.  Later in the week, a young cyclist, 18 year old Nathan Smith, was killed in Marion, Ohio.  Ohio’s ninth, tenth and eleventh cycling fatalities of 2012 came in one lousy week…

More than 550 riders showed up on Tuesday night for a Ghost Bike Memorial Ride  thus, again, reinforcing the power of social media.  I was in Columbus all day meeting a cyclist who had his collarbone fractured into 5 pieces by a careless motorist and dropping off a bicycle for an engineer’s inspection – a bike which “failed” catastrophically on the first ride.  My phone was blowing up with emails between the leaders of Cincinnati two biggest cycling advocacy organizations, ride leaders, and others trying to figure out how to get all these people from Point A. to Andrew Gast’s home, and back in a timely, efficient and, most of all, safe manner.

Given the large number of riders, and hte need for help, I decided to ride the Big BIke [BMW r1150RT] and try to provide some support through traffic control while documenting the ride through the camera lens.

The ride was an unparalleled “success” on so many levels.  First, I was able to meet Andrew’s family at Lunken Airport – we were all a bit confused about where the starting point was, but I was able to show them where the crash occurred, and what my “take” was from what I had seen the day of the crash.  The family subsequently was able to be driven along the route with the riders – and participate throughout the evening.

Two of our four TV stations had crews covering the event.  Channel 12 has been on it since Day 1 – Channel 19 had a crew there as well.  The Ride set out in smaller groups of 30 or so – teh “fast” folks leaving for a 14 mph ride first followed by slower groups… black armbands and the presence of the grieving family set a very somber tone… however, the stories about Andy Gast from his family and friends made it clear that he was a man who cherished life- and lived life large – the mood of the ride was outstanding…

I got a call around midnight following the ride from Tommy Broderick.  Tommy is a pretty tough 55 year old racer who had been whacked by a DRUNK DRIVER while riding home from the ride!  Tommy was knocked unconscious in Newport, KY, and taken to teh University Hospital Trauma Center where he was kept overnight and released this morning!

Channel 19 wanted to do a follow up story on Tommy’s crash this evening. I was able to meet the reporter on short notice at the ghost bike site, where we spoke on camera a few minutes while some rather ominous clouds formed all around us… we finished quickly and as he was clearing his gear I snapped some quick photos – I have been learning to use Photomatix HDR software and shot 3 bracketed photos of the Ghost Bike from the ground looking up… I loaded the photos into the software earlier this evening… I thought the final product turned out pretty impressive… below is a low res [<1MB] version of Andy Gast’s Ghost Bike as it looked before tonight’s storms…

I never knew Mr. Gast, but he has had a profound impact on my life…

Andrew’ Gast’s Ghost Bike


Andrew Gast – Ohio’s 11th Cycling Death of 2012 Hits Close To Home

I got a text early Tuesday morning- there was a serious crash near Lunken Airport and a cyclist was Air Cared out… a few minutes later I learned news that the cyclist, Andrew Gast, had passed away.  I live a few miles from Lunken and am very familiar with the 5 mile trail around the airport.  I climbed on the motorcycle with a full camera bag and hustled down… what I saw was, sadly, all too typical of the violent deadly crashes I have been reviewing…

Andrew Gast’s Specialized bike was still stuck in the front end of the car that killed him.

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WORST Crash Report… Ever? YOU Be The Judge

Istvan Takacs was 76 years old when he was struck by a Silverado while riding his bicycle on September 29, 2010 on Rockside Road in the little village of Valley View, Ohio.  There was  very little written in the media about the crash – as I write this I cannot find a single article today.

So what happened?   Well, according to what could take the gold medal as the WORST POLICE REPORT EVER FILED IN A DEATH CASE, the crash happened around 4:00 pm on a clear Wednesday afternoon.  Little else is known. A man was KILLED and the Valley View Police Department issued a three-page “crash report” which contains NO witness statements, NO photographs, NO measurements, NO toxicology reports and NO real “evidence” about what happened.

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2010 Bike Crash Stats – 2010 Bike PEOPLE Killed!

I was a math major many moons ago – got my degree and everything and then made a right angle turn into law school.  Today, my math mind still wraps itself against numbers and stats and such… I also like the physics and mathematical analysis that goes into accident reconstruction analysis.  As many many hardcore gear-head riders know, the math of cycling can also be very intriguing… some would say obsessive… but I digress… what follows will be the first of several upcoming articles looking in great detail at every fatal bicycle crash in Ohio in 2010, 2011 and, eventually 2012…and beyond!

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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