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.
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” because he was always caught up with www.giannicriminallaw.com/dwi/ lawyers 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 site was “NotGuiltyAdams.com” and he had a book for sale there called “Practice Law Like An Ironman” –collage herunterladen
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!
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. Do you need a lawyer too? Festus area personal injury attorneys are the most recommended for the job.
We made that happen in my recent case.
During the month of March alone each party filed Motions for Summary Judgment, then responded to each other’s MSJs and filed replies. 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 herunterladen. 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.
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.
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 u boot simulator 2 world war full version for free.
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. 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 rockstar launcheren. 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…
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 spiele kostenlos herunterladen auf pc. 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!
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 herunterladen. 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! 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 Downloading windows 10 takes forever. 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.
I represented Matt’s family in the civil litigation nero brennprogramm download kostenlos chip. 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.
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…
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.
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.
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?
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!
I read this article about how San Antonio was added to a list of “The Most Deadly Cities for Cyclists.” These stories always grab my attention, mostly because I want to see how they made the list… what criteria did they use herunterladen? This article then mentions Dayton, Ohio as being on the list. As one who tracks EVERY fatal bike crash in Ohio I know that Ohio … by and large… is very safe compared to, say, Florida or other deadly cycling hotspots herunterladen. So I dug a bit deeper.
OH… I see… San Antonio, and Dayton, were both on a list developed “according to an analysis of federal data by the insurance-shopping site CarInsurance.org.”
Something tells me that “CarInsurance.org” has motives that may be inconsistent with riding a bicycle, but hey, who knows…
The CarInsurance story starts off with a very real key stat – after several decades of declining numbers, Cycling Fatalities are UP in the past decade songs kostenlos von youtubeen.
Remarkably, CarInsurance.org fails to see the connection between how people are driving cars and why more people NOT in cars are getting killed wie kann man filme aus der mediathek downloaden.
CarInsurance.org then makes the silly statement that “Increases in cyclist fatalities have occurred alongside increases in bike share programs and the number of cyclists commuting to work dvd player kostenlos downloaden. In 2017, there were nearly 800,000 commuters nationwide who rode their bicycles to work, representing 0.5 percent of all commuters. While the share of bike commuters has remained steady in recent years, the fatality rate per 100,000 bike commuters is at a ten-year high.”
So… the number of commuters has gone up and deaths are going up and bike share programs are increasing and… VOILA… “Therefore” … Ta Da… what microsoft edge browser herunterladen? There’s some magical connection between the numbers?
No… that’s not how this works…that’s not how ANY of this works…