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.

7 Year Old Cyclist Killed – Manslaughter Charges Filed In Hudson, Ohio

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On Saturday, November 7,  7 year old Vincent Baran was riding his bicycle in the quaint northeast Ohio town of Hudson, Ohio spotify lieder herunterladen kostenlos.  It was around 3:30pm. No weather issues. No visibility issues… just a great day to take a bike ride. Unfortunately, Vincent Baran didn’t make it home… as he was riding along on the sidewalk a 60 year old motorist, Denise Ahlstrom, was pulling out of a driveway dmax series.  Ms. Ahlstrom struck Vince with her car, killing him. 

As we do in EVERY fatal crash in which a cyclist is killed in Ohio we have ordered the entire public file… the crash report, witness statements, photos/video, measurements, “Total Station” data, BodyCam & CruiserCam, any Forensic Reports, any Toxicology data, any crash reconstruction data, and any autopsy report windows xp mode herunterladen.  Eventually, we’ll report on what happened and why…

For now, though, we grieve with the family and friends of Vincent Baran vlaanderen fietsland routeen. Writing an obituary for a child is something no parent should ever have to do…here, Vincent’s story is briefly told …

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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A New Non-Profit for Bicycle Research & Safety

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2019 was a lousy year for car/bike crashes in Ohio adobe connect aufnahme herunterladen. WAY too many cyclists killed on the roads… You can read what I wrote about 2019 here – we had 23 cyclists killed in Ohio dji video herunterladen.
 
The last fatal crash of 2020 in Ohio occurred on September 27… a drunk driver slammed into the back of a cyclist – Peter Paul Brown – in Columbus and then kept going hörbuch downloaden gratis. The motorist, Dashawn Finroy, drove along and slammed into two more vehicles before getting out & trying to run off. He was captured by police & charged with Aggravated Vehicular Homicide, among other things rammstein new album for free.
 

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Ohio’s Latest Cycling Fatality Hits Home

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It was really cold on Sunday November 1, 2020. It was the first morning of the new “clock” as we had set our clocks back an hour. So it was light an hour earlier than Saturday tom. Local trial attorney & Ironman Steve Adams decided to take an early bike ride that day. He was killed around 6:30 am by a hit & run driver.

I didn’t know Steve personally but I knew of him free youtube to mp3 converter for free 2013. Pretty much anyone in the courthouse loop did. He was a former assistant county prosecutor who had left for private practice. He was well known as a “DUI Guy”  and criminal defense lawyer need for speed most wanted kostenlos download android. I understand that he was a swimmer in college who got into the Triathlon lane and was a 4x Ironman. His website was “NotGuiltyAdams.com” and he had a book for sale there called “Practice Law Like An Ironman” –

 

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THE BLS – BORING LEGAL SHIIIII…er… STUFF – REVISITED… AGAIN

Some years ago I wrote a piece about The BLS – The Boring Legal Shiiii…er… Stuff – that regular road cyclists ought to think about. Adventure Cycling picked up it… One day I got a call  someone at the Wall Street Journal to talk about it herunterladen! What a thing.

I updated this piece in early 2020, but … stuff happened in 2020 – in fact, I spent much of 2020 in litigation with insurance companies, over the terms of insurance policies… and I spent a considerable amount of time reading the longe run-on sentences that you find in insurance policies and trying to figure out how to make insurance polices apply to crashes involving cyclists…

sooo… since I had to suffer… [er…no… that’s the wrong approach …]

In light of my 2020 Experience in the exciting new adventure series Alice in Insurance Land, I think it’s actually a pretty good time to update this piece again microsoft word 2006 kostenlosen. So let’s re-visit the BLS and make sure folks really GET It – or at least Get how freaking COMPLICATED and troublesome this can be mp3 player for pc for free!

WHAT IS THE BLS?

What is the BLS? The BLS is the Boring Legal Stuff you need to think about BEFORE you hop on the bike and ride whatsapp without playstore. Basically boring stuff like INSURANCE and even Estate Planning. In  this piece we’ll talk about … YAWWWWWWNNNNN…. INSURANCE.

What happens if you crash mario kart tour herunterladen? What if someone runs you over? What if YOU clobber a pedestrian and get sued –  or more likely – what if you crash with a car or motorcycle & they blame YOU for causing the crash while  you think the other driver was at fault? adobe cc client herunterladen?

When you are loading your panniers and lubing your chain in preparation for your multi-state tour what data should you take with you?   The failure to think about the BLS NOW can end up costing you time, money, safety and peace of mind linux mint download nederlands.

So what insurance do you have in place?

Do you even know what your policy limits are?

What SHOULD you have in place to protect YOU if you get WHACKED netflix serieen windows 10?

Let’s do a Deep Dive into The BLS!

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The Emotional Costs of a Claim/Case Can Be High, Too…

I always tell clients that while your case or injury claim may have legal fees, court costs, deposition expenses, travel costs, and other expenses there is also an “emotional cost” to carrying a case, a claim, some litigation in your head, around your neck or on your shoulders. It can take a huge toll on folks- people always tend to stress significantly over their “case.”
When you are involved in a particularly aggressive, nasty bit of litigation your credibility is challenged, a snarky defense lawyer challenges everything you say, they call you a liar or sometimes it seems that the other party just makes stuff up. The defense tactics may seem extreme, and they are – they are calculated to make you uncomfortable- to make you regret your involvement in the claim videos von youtube macen. The tactic may be to beat you down – to take a quick, cheap settlement and go away quietly. Sometimes you feel that while you are the victim of someone else’s negligence or attack it seems like YOU are the one being attacked. The insurance company or defense counsel can pile on the paper & add hoops for us to jump over that nobody saw coming…  The Judge issues rulings that seem to make no sense.  In such a case the emotional cost of litigation that you are carrying is not even measurable until the case is over.

 

My job as your trial lawyer, your counselor, your attorney is to guide you through this process, to protect you and to make sure we put your claim or case in the best possible position for the best possible result herunterladen.

When you get a case like that RESOLVED- as we did recently – it is particularly rewarding … especially when you feel like you had a good case but one with some risks you identified immediately -a case in which you fought hard – a case in which you put the case into the best possible position for a successful/cost effective resolution – and a case in which you were able to bring a recalcitrant party/insurer to the negotiating table and get the thing done.

We made that happen in my recent case.  

–> MANY THANKS to my co-counsel Chris Carville for carrying the ball on some of the more recent aggressive defense motions and tactics! Chris did a tremendous job researching the complex coverage issues, preparing extensive briefs, and working with me in the Mediation.

During the month of March alone each party filed Motions for Summary Judgment, then responded to each other’s MSJs and filed replies titan quest android download for free. Following that flurry of filings in March, I think the parties filed an ADDITIONAL 1000+ pages or so of additional motions, depositions, case law and such for the Court to review…

With no trial date in sight due to Covid, we received a court ruling in our favor a few weeks ago. Unfortunately, the afternoon before the Mediation the Judge granted a defense request and added the “magic words” of Ohio Civil Rule 54(B) to the decision… which made the decision immediately appealable.  While we were happy for the victory, this last minute change could have had the case tied up in the court of appeals for 12-18 months. Accordingly, we were VERY happy to get the case resolved fairly in Mediation the next day herunterladen.

Some cases are easy… there’s a crash- the cyclist gets hurt – they call us &  we get involved right away – we investigate the crash- we notify the insurer- we monitor the rider’s recovery – we get the factual case together – we get the medical case together – we negotiate a successful ending without ever even filing a lawsuit. 

My recent case was NOT that… at all…  Rather, it involved a VERY aggressive factual situation and a defendant who, we felt, was lying about what happened… it involved a cyclist with  severe injuries – many complex legal questions – a detailed lawsuit – aggressive litigation tactics – a 2nd lawsuit filed by the motorist’s insurance carrier arguing there was no coverage – & extensive motion practice in both cases…

As someone who has tried many cases to verdict in big and small counties all over Ohio, I enjoy the litigation process… In more recent times, though, I’ve come to view litigation as a last resort – it’s usually too risky, too expensive, too time consuming and extremely unsatisfying.

In some areas of law, you HAVE to litigate… every time… malpractice cases are like that – you almost NEVER settle one without extensive litigation. Likewise, sometimes in the cases I take on you HAVE to litigate…such as when the other side says our client was to blame and refuses to negotiate fairly u boot simulator 2 world war full version for free. Sometimes you get the the sense that the insurer on the other side isn’t being straight with you… that happened in a “dog v. motorcycle” case once where we were told that the policy limits were $50,000.00 on a homeowner’s policy… that seemed odd. We sued & found out that yes, the policy on the “house” were $50,000.00 but… the policy limits on the surrounding “farmland” [where the dog escaped from] were $500,000.00!  Sometimes the injuries do not resolve and the client is still being treated as the Statute of Limitations approaches so we have to file suit to protect the Statute…

Typically, though, despite my long history as a “trial” lawyer, in most cases I advise the client, the injured victim, that they are better off with a fair settlement than with 2+ years of litigation, $1000s in mostly unrecoverable litigation expenses and the “emotional costs” of litigation rockstar launcheren.

Thankfully, in my practice I am able to get 80+% of the cases I take in resolved without litigation. The other 20% that end up in litigation tend to resolve during the process. Sometimes, like yesterday, that process involves 1000s of pages of motions and filings… but usually not.

To some…OK maybe a BIG… degree I think my success in getting cases resolved is because I am MUCH better at “picking the winners on Day 1” than I was a young, inexperienced lawyer. After 38 years of practice I’ve now handled 1000s of injury and death cases, and some 450+ “bike cases!” I’ve handled them from start to finish – from 1st phone call all the way through to settlement- trial – Verdict – appeal spiele kostenlos herunterladen auf pc!

Having had experience managing 100s of cases in a “back-of-the-Yellow Pages” law firm as well as handling 100s of cases as in-house trial counsel for an insurance company I think I bring a unique skill set and background to the table. I can provide a very real view into both worlds for my client. As a result, I’m also very blunt with clients about what I think about their case where, as a I young lawyer, I was probably less so.

I also find that cyclists make EXCELLENT clients – my clients tend to be highly motivated folks who work hard to GET BETTER… they WANT to get better – they EXPECT to get out and ride again herunterladen! As a group they do MUCH better than the average injured person in recovery if from even severe injuries!

So, bottom line- we were successful recently in getting a very difficult case resolved in a satisfactory way. Hopefully, getting to a satisfactory result should bring an end to the emotional cost the clients have been carrying for the years since the crash.

Sometimes, though, those emotional costs are never released… they are carried forever…

The day of my Mediation – September 17 – was also the anniversary of the death of Matt Billings. I thought about Matt and his family a lot as we worked through our Mediation.

Matt was one of the 5 riders involved in an absolutely horrific crash in Brecksville, Ohio five years ago – 9/17/2015 Downloading windows 10 takes forever. He was the lead rider of the group and died at the scene when he was struck by huge front end of the driver’s F-350 pickup. He died on his wife’s birthday and a month or so before his young daughter’s first birthday…

I represented Matt’s family in the civil litigation. As you can see from the photo, the driver “cut the corner” on the turn. He made the illegal left turn directly into the path of the oncoming group of riders. He said he “couldn’t see” the riders because he was blinded by the sun.

Having gotten involved in that case very early, we lived with the family’s pain and grief almost from Day 1 … We spent a week in Cleveland watching the criminal trial, and sharing the family’s shock and grief when the jury returned a Not Guilty verdict after 5 days of devastating testimony nero brennprogramm download kostenlos chip. I worked on the civil case for next few years – getting the astounding revelation from the motorist during his deposition that he had lied to the police about his use of alcohol. We finally reached a financial resolution to end the case, but money is never the right answer in a case like that.

Matt’s family will carry the scars and the pain and the grief of September 17, 2015 for the rest of their lives. Every year, the anniversary of his death will fall on his widow’s birthday with the birthday of his daughter following shortly thereafter. The best we can do as lawyers in a case like that is get the best possible result for the family… but we will always carry some of that grief with us as well -sometimes the emotional costs just never leave you… 

Stay Safe My Friends!

INSURANCE ISSUES FOR CYCLISTS

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BIKE INSURANCE” – is an interesting topic wie von youtube videos herunterladen. I’m doing some research now. It’s a relatively new thing in the insurance world – a world in which things do not change very often… basically it’s a type of coverage to fill in for cyclists who don’t own cars fotos aus instagram herunterladen.
 
Unfortunately the “Bike Insurance” policies I’ve seen do not begin to replace good Auto coverage skype business herunterladen. They don’t offer big enough policy limits. You can easily get $100,000 or $250,000 of Auto Uninsured/Underinsured Motorist Coverage. You typically cannot coverage that high on Bike Insurance policies…
 
Cyclists often don’t understand how their AUTO policy can help them if they get whacked by a motorist herunterladen. There are 2 coverages that often come into play:
– “Medical Payments” coverage [“MedPay] and
– Uninsured/Underinsured Motorist Coverage [“UM/UIM”]

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AFRAP? IMPEDING TRAFFIC? How To Beat A Ticket & A New Approach

I initially wrote this piece in 2010. I tweaked it around 2013 but am giving it a big re-write today because AFRAP and “Impeding Traffic” continue to be topics of discussion and continue to be tossed about by Police Officers when dealing with cyclists on the road how can I download games.

I got a call some years back from a fellow, Brent Nimmo, who is an AVID cyclist in the Columbus, Ohio… well… “avid” probably isn’t a strong enough adjective – passionate bordering on fanatical maybe contribution from orf tvthek?  Part of this piece tells the story of how this 54 year old diabetic talked his way out of an “impeding traffic” ticket by proclaiming “I AM Traffic,” and maybe, just maybe, educated an Ohio State Highway Patrol trooper in the process herunterladen.

 

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AFRAP – What does “PRACTICABLE” even mean? Void for Vagueness Much?

I initially wrote this piece in 2010. I tweaked it around 2013 but am giving it a big re-write today because AFRAP and “Impeding Traffic” continue to be topics of discussion and continue to be tossed about by Police Officers when dealing with cyclists on the road 4 adventsbilder kostenlos herunterladen.

I got a call some years back from a fellow, Brent Nimmo, who is an AVID cyclist in the Columbus, Ohio… well… “avid” probably isn’t a strong enough adjective – passionate bordering on fanatical maybe amazon purchased music as mp3?  Part of this piece tells the story of how this 54 year old diabetic talked his way out of an “impeding traffic” ticket by proclaiming “I AM Traffic,” and maybe, just maybe, educated an Ohio State Highway Patrol trooper in the process windows 7 with product key.

 

Read the rest of this entry »


THE BLS [BORING LEGAL SHIIIII…ER…STUFF…] REVISITED

Some years ago I wrote a piece about The BLS – The Boring Legal Shiiii…er… Stuff – that regular road cyclists ought to think about. Adventure Cycling picked up it… One day I got a call  someone at the Wall Street Journal to talk about it kostenlose flash player herunterladen! What a thing.

It’s been a while now, so I thought I’d re-visit the BLS and make sure folks out there really Got It!

What is the BLS hay day für pc herunterladen? The BLS is the Boring Legal Stuff you need to think about BEFORE you hop on the bike and ride. Basically boring stuff like INSURANCE and even Estate Planning herunterladen. In  this piece we’ll talk about … YAWWWWWWNNNNN…. INSURANCE.

What happens if you crash windows 10 datenträgerbild herunterladen? What if someone runs you over? What if YOU clobber a pedestrian and get sued? What if you die?

 

When you are loading your panniers and lubing your chain in preparation for your multi-state tour what data should you take with you learn to play the piano for free?   The failure to think about the BLS NOW can end up costing you time, money, safety and peace of mind.

So what insurance do you have in place youtube video gratis herunterladen? Do you even know what your policy limits are? What SHOULD you have in place to protect YOU if you get WHACKED?

Read the rest of this entry »


2019 – An UGLY Year on Ohio’s Roads

2019 was an ugly year on Ohio’s roads. We have documented some 23 fatal bicycle crashes…23 cyclists killed on the roadway. There was one in February- one in May – four in June – eight in July – three in August and six in September. The cyclists killed range in age from 12 year old Lynette Shirk, who was killed in Richland County on sunny Sunday morning in June just outside Mansfield as she rode her bike home from church, to 88 year-old Clyde Ernsberger, who may or may not have ridden through a red light on Morse Road in Columbus on a cloudy September afternoon herunterladen.

Ohio’s 23 fatal crashes included riders riding at night with no lights or reflectors, riders inexplicably hit from behind, riders who ran stop signs, riders struck by motorists who ran stop signs, riders riding the wrong way at night, riders struck by hit & run criminals and a rider who was racing in an Ironman event.

Of the 23 riders killed, 20 were men electronic books free of charge. The average age was 48.6. In this regard Ohio is statistically in line with the rest of the country. The IIHS [Insurance Institute for Highway Safety]  reports that 85+% of cyclists killed nationally are male.

In 1975, the worst year for cycling fatalities, there were 1003 cyclists killed around the country. However, the demographics were completely different adblock for free. In 1975 the majority of the bicyclists killed were… KIDS!  Folks under the age of 18. As as the kids of the 60s and 70s grew into adulthood they kept riding… they are STILL riding. The number of riders killed started to drop. In the 1980s the average number of cyclists killed each year was less than the 70s. The average killed in the 1990s was less than the 1980s and the average number of cyclists killed in the 2000’s was less than in the 1990s netflix app android downloaden.

As I’ve written before, though, this changed around 2009 – the numbers are coming UP again. Ohio, for years, averaged around 16 cyclists killed annually. However, from 2015-2019 Ohio has averaged 21 cyclists killed by motorists… a significant jump. Nationally, while the fatality numbers are still down from 1970s and 1980s, they are UP 38% since 2010 autodesk desktop app downloaden.

Meanwhile, motorists are killing each other at slightly LOWER rates. Data from FARS tells us that starting in 2009, the total number of traffic fatalities has been LOWER during the past 10 years than in previous decades, despite increases in the number of cyclists [and pedestrians] killed.

What ELSE came about in the 2008-2009 time frame that could be contributing the crashes killing cyclists and pedestrians but not motorists?

As I’ve said before, to ME the logical/obvious thing to look at is pretty simple – SMART/INTERNET PHONES + FASTER INTERNET SPEEDS + SOCIAL MEDIA = MORE DRIVERS NOT PAYING ATTENTION – 

I suspect that just about EVERYBODY thinks they are a “good driver” – certainly “better than average” – as Lake Woebegone Syndrome runs rampant icloud fotos favoriten herunterladen. Everybody thinks they can handle their phone safely while driving. Phones/Internet/Social Media of Today didn’t exist in 2008. Phones were not that fast – they didn’t take great photos or video. In 2008 very few people were posting photos or video to the internet, or “following” people on Instagram or using any of the apps like SnapChat etc as they hadn’t been invented yet herunterladen. Faster phones with better camera combined with 4G/5G internet speeds and very cool social media apps allowed folks to access EVERYTHING from the “safety & comfort” of their seat behind the wheel of their moving vehicle.

In fact, people looking at their cell phones may even slow down a bit,  making them less of a fatal risk to other road users who are encased in 2 tons of steel sims 3 städte kostenlos herunterladen.  However, when it comes to pedestrians and cyclists, a “speed” that KILLS is much lower … A 45 mph car/car crash may not kill anyone in the cars, but a 45 mph car/bike or car/pedestrian crash is likely to be unsurvivable. A motorist who spends 5 seconds reading a text or looking at a cute kitten video travels 330 feet – 110 yards – more than a FOOTBALL FIELD at 45 mph einladungskarten kostenlos herunterladen. They are basically driving with a paper bag over their heads- incredibly UNSAFE behavior that is likely to result in the death or maiming of any pedestrian or cyclist in their path.

Each of Ohio’s 23 fatal bike crashes in 2019 was unique – each left a family shattered – each is a tragedy, regardless of fault amazon seller rechnungen herunterladen. We owe it to our cycling community to figure out WHY the numbers are going up… and to do something about it…

One step that is being taken in Ohio is the recent introduction of House Bill 468 which would alter current Ohio law and make texting while driving a PRIMARY offense. This means that if an officer sees you checking out your phone you can be pulled over. Whether this is a good idea or not may be debated in the Ohio legislature if the bill works its way to the floor. Right now, it is in the very first stage- it is introduced. You’ll be hearing more about it as time goes on.

Let’s be careful out there!