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.

NO PASSING –

No passing. What does that mean? In Ohio we have double yellow lines – these generally forbid passing but… in 2006 we were able to get an amendment to the law that allows motorists to across a double yellow if conditions are ripe lg gebrauchsanweisungen und benutzerhandbücher herunterladen. That change was meant to help motorists, and benefit cyclists, particularly on windy country roads with miles of double yellow. The 2006 changes codified what smart motorists did – they waited, made sure passing was safe and then passed quickly, without exceeding the speed limit play musicen.

While this change is not widely known, there’s another section of the Ohio Revised Code that is almost invisible – we have two cases pending now and, Monday night, another rider was hit…and killed… the same way… by a motorist choosing to pass a cyclist, illegally, within 100 feet of an intersection post from mediathek.

Ohio Revised Code Section 4511.30:

It’s the third rule that catches drivers – No vehicle may be driven “…upon the left side of the roadway… when approaching within one hundred feet of or traversing any intersection…”

In our two pending cases the insurance company for the motorist has chosen to fight – and ignore the law that bans their driver from passing within the intersection herunterladen. Both cases are in litigation. One has motions being argued Thursday, the other was filed late last week along with a motion for a temporary restraining order to prevent the insurer from “fixing” the car until we can download the “black box” data which may provide evidence of speed, braking and the like herunterladen.

In Monday’s crash a 70 yr old man was apparently operating an “electric bicycle” [according to one media report] southbound on Franklin-Madison Road and while he was making a left turn into his own driveway a motorist tried to pass him and slammed into him, killing him.

We don’t know details. We don’t precisely which driveway he was turning into or how far he was from the something unique intersections. As you proceed south on Franklin-Madison you encounter traffic entering from your left at Chamberlin and then some feet farther up there is traffic entering from your right at Keister

As with every fatal bike crash in Ohio we are going to be investigating this case thoroughly – obtaining all possible public records and putting our own review of what happened and why out there.

For now our thoughts and prayers are with the family of the still unnamed 70 yr old cyclist.


2021 – AN AWFUL YEAR ON THE ROAD – PART I

2021 was an absolutely awful year for cyclists riding on the road in Ohio and around the country. While riding in Ohio remains “safe,” especially when compared to other large states, the recent trend of increasing numbers of fatalities continued normen gratis downloaden.

I see article after article in the media stating the same fact in many jurisdictions… Speeds are UP… Crashes are UP… Deaths are UP

Deaths were UP in big states and small – Ohio, Kentucky, Florida, California… You can read about it here and here and here and here and here youtube auf desktop herunterladen.

In Ohio the DOT reports that 2021 was the deadliest year EVER on the roads

There were TWENTY-EIGHT cyclists killed on Ohio’s roads in 2021, making 2021 the deadliest year ever for cyclists as well film macbook.

Ohio has averaged 17-18 cycling deaths annually for many years. That started to tick up slowly around 2010, but that last few years have really been devastating google play store app herunterladen android.

In the 21 years from 1994 to 2015 Ohio had 366 cyclists killed – an average of 17.4 per year windows 10 mit product key herunterladen. In 2015 we saw a high of 26 and since 2015 we have seen a consistent rise in deaths with 22 cyclists killed in 2018, 23 in 2019 and an almost inexplicable 21 cycling deaths in 2020, when actual driving miles were down significantly!

The 28 CYCLIST deaths in 2021 represent the worst year we have seen.

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Dogs – Best Friend?

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Dogs-
Dogs are said to be Man’s Best Friend
I’ll grant you all that much
It’s just hard for me to call him “Pal”
While he has my calf for Lunch…


One of the very first “bike law” pieces I wrote, back in the 1980s [written by candlelight on parchment with quill pen as I recall] was about Ohio’s DOG laws fortnite bilder zum downloaden. A few things have changed since then… like this funky new-fangled FAX gizmo… but Ohio’s dog laws remain STRONG, especially when applied to situations in which a cyclist encounters a loose dog on the road – the cyclist WINS… period herunterladen.

Ohio’s Dog Laws
Ohio law has a “strict liability” standard… that means you only have to prove the dog was out, and caused injury, and you win super mario bros 3 kostenlosen.

You do NOT have to prove “negligence” by the owner- to the contrary, the owner could be completely NOT negligent… using the strongest chain, the best state-of-the-art containment system…doesn’t matter… if the dog gets out and causes Mayhem, the owner is liable download the complete homepage.

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Ignorance… Bliss?

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I posted an “Ad” on Facebook. It was about the new KY & OH Bike Law cards and was seen by a few hundred people… cost about $35 or so balloon font. One thing about a Facebook ad is that you are basically inviting people to come to your page and leave their thoughts…

This dude left this thought:

How do people message you if they are dead kostenlos musik itunes downloaden! It’s not a motorized vehicle, no drivers license or insurance needed to be on the road ways, and you don’t have registration?!? The spandex wearing pedo riders need to just stay off the roads, why would you chance riding up against a semi or 3/4 ton truck who might make an accident and just run you right tf over?! songr kostenlos downloaden? Wait but you have your go pro and your safe zones!

So yea… Dude… about that…

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In Ohio, The Hit/Run Epidemic Continues – 2 Cyclists Killed in One Weekend

Hit & Run crashes are an epidemic in the U.S. In 2016 there were 1980 fatal hit/skip crashes resulting in 2049 fatalities herunterladen windows media player. This was the highest number recorded since NHTSA began tracking the data in the 1970s. Of those, 1398 crashes involved NON-VEHICLE OCCUPANTS such as pedestrians & bicyclists herunterladen. The AAA Foundation for Traffic Safety released its “Research Brief” noting that while there were more hit/run crashes in larger states, when you looked at rates relative to population you find that New Mexico, Louisiana, and Florida lead the league herunterladen.

Pedestrians and bicycle operators obviously present the hit/run motorist with a slim likelihood that damage to the hit/run vehicle will be significant enough to avoid a getaway pixelmon herunterladen.

Last weekend in Ohio we had TWO cyclists killed by hit/run motorists.

In Richland County, the man alleged to be driving the truck that struck & killed 13 yr old Luke Newswanger has been arrested anchor podcast download. The crash happened at 9:30 am on Sunday morning. The truck allegedly driven by Bud Thornberry was going in the same direction and struck Luke from behind before driving off.

In College Hill, near Cincinnati, however, a hit/run killer is still on the loose.

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A 2006 Killer Set to be Released

I ran across this story in my daily search for bicycle/crash stories from around the country and the world herunterladen. A 5 year sentence for a driver who slammed into a cyclist with here Mercedes while driving at “three times over the drink-driving limit and 10 times over the limit for cocaine” – The woman smashed into, and killed, the cyclist and kept right on motoring along with her windshield in bits and her bumper left at the scene herunterladen.

The cyclist, a 61 year old fellow, was riding his e-bike to “… start a night shift at work when Moughan hit him… Wearing hi-visibility clothing and with front and rear lights visible on his bike, it is estimated that he would have been visible to the motorist for 600 metres, or 20 seconds…

The motorist was non-repentant…

“…Six weeks later, she was discovered passed out on the back seat of a Fiat Punto which had been damaged in a crash with another vehicle, and was found to be over the drink-drive limit on that occasion as well…”

She was charged, convicted and sentenced… the Judge gave her… ta da… Five Years and Two months in prison webseiten vollständig herunterladen.

Seems a bit… I dunno… low… for such a crime?

I am reminded by these daily stories about other cases – some I have worked on… some I participated in as an advocate… some I just read about …

I did a post way back in 2010 talking about sentencing in vehicular homicide cases and about how an E/R doc got 5 years in prison for a road rage incident in which two cyclists were seriously injured microsoft dictate deutsch download kostenlos. In 2016 I posted again on this topic, comparing some sentences issued in a variety of serious cases bau simulator 2015 free full version.

Today I’m looking backwards – and forwards. Back to 2006 – July 16, 2006 to be specific. And back to this man – Anthony Gerike – who’s been in prison since 2007 for causing the crash of July 16, 2006 that violently, horrifically took the lives of two local cyclists- Amy Gehring and Terry Walker – who were part of a Cincinnati Cycle Club Sunday morning ride…

Looking back at the horrific crime … and looking forward a few months to his anticipated release date…

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TRAIL/ROAD Intersections – More [Legal] Issues and BIG HAIRY MATH Problems!

In the most recent post I discussed how difficult it is for cyclists to recover damages for crashes that occur ON trails. This difficulty extends to cases where the cyclist is struck by a motorist while CROSSING a roadway while on a trail kostenlose kartenspieleen.

Here’s a typical crossing herunterladen. As the cyclist approaches the roadway crossing there is a Stop sign. This one is 50-75 feet ahead of the crossing. It’s also buried in the shadows and difficult to see teamspeak kostenlos android download. This crossing is signed like a Road/Road intersection even though it’s not that at all. Rather, these trail crossings should be treated as CROSSWALKS because they are designated crossings for pedestrians, cyclists, skateboarders, wheelchair users, horseback riders and whoever else might be using the MUP…

What’s a MUP, you ask fifa 20 mit ea accessen?

A MUP is a Multi-Use Path… it’s not a “bike road” and it’s not a “bike trail” but ALL “trails” in Ohio that I am aware of are MUP’s… they can be used by anyone, not just cyclists jahresplaner 2019 herunterladen. They’re basically sidewalks in the woods…

What’s the impact of this MUP thing?

Well, by turning the “crossing” into a “crosswalk” we can look to the Pedestrian Laws in Ohio for guidance when someone is hit by a car while crossing the road in a crosswalk – even though the “crossing” involves a “bike trail…”

Hmmmm… it’s getting confusing already…

Read On!

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THE TBSS RULE ON OHIO BIKE TRAILS

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Bike Trail Crashes in Ohio are … weird…and difficult from a legal perspective.

There is case law that says “a cyclist on the bike trail is a ‘recreational user'” – the LEGAL impact of that simple sentence is HUGE… it basically ELIMINATES virtually every claim you, the cyclist, may have against someone who carelessly causes you to crash on the Bike Trail…

Why wie kann man bei youtube musik herunterladen? Read on…

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One For The Good Guys

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Our Bike Law practice involves cases throughout Ohio… I don’t know if Ohio has 4 or 5 or more corners, but we travel to ALL corners of Ohio…

I picked up this cutting board recently and I realized that I’ve been to courts in MANY of the cities listed… I have handled cases in Courts from Cincinnati to Cleveland, Bellefontaine to Marietta, Toledo to Ironton, Columbus, Marysville, Clyde, Sidney, Georgetown, Newark, Zanesville, Kenton, Bowling Green, Springfield, Jackson, Gallipolis, Portsmouth, Hillsboro, Mansfield, Canton, Brecksville, Oberlin, Lima, Findlay…

and now… Tiffin kinder hörspieleen.

Today’s case invovled a 3.5 hour drive up to beautiful downtown Tiffin, Ohio, county seat of Seneca County in northwest Ohio herunterladen. I had to go to Probate Court today to open up a new matter.

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ARE YOU COVERED? DOES YOUR UMBRELLA HAVE A HOLE IN IT?

ARE YOU COVERED? DO YOU HAVE THE RIGHT INSURANCE?
DOES YOUR UMBRELLA HAVE A HOLE IN IT?

OK… right now… I want you to get up from your computer… go over to your files… open your “INSURANCE” file… pull out your AUTO policy and your HOMEOWNER’S policy and your UMBRELLA policy.  

            … it’s OK… I’ll wait… 

            … How bout this weather… dropbox mehrer dateien herunterladen.

            OK… got ‘em? Check out the coverages you have.

Do you have an AUTO policy?  Homeowner’s herunterladen? Umbrella? Health? Disability?  Life? 

Check the numbers on the “dec sheets” – declarations pages – to see what your policy limits are. 

Now think about the worst case bicycle scenario – you are killed or maimed by being hit by a car while riding your bike on the roadway kindle unlimited herunterladen. Does the insurance you are looking at provide sufficient coverage? I’m not going to talk about Life insurance or Disability coverage today. Rather, the focus is on the three policies most often needed & used by injured cyclists – your Homeowner’s Auto & the Umbrella sprüche app herunterladen.

My practice today is roughly 85+% representing CYCLISTS who are injured, or the families of those killed, while riding on the roads wo kann man minecraft kostenlosen. As you might expect, most of my clients ride bikes – most ride NICE bikes & spend $1000s on their rides.  However, whether you ride every day or every so often – and whether your bike is worth $250 or $12,500 – I tell ALL riders the same thing – PROTECT YOURSELF!

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