NYTimes article on cycling accidents - The Chainlink2024-03-29T15:10:18Zhttps://thechainlink.org/forum/topics/nytimes-article-on-cycling-accidents?feed=yes&xn_auth=no The Dangers in Terms of Cycl…tag:thechainlink.org,2016-04-13:2211490:Comment:9810602016-04-13T06:52:10.897Zjohn89https://thechainlink.org/profile/john89
<h2> The Dangers in Terms of Cycling Safety?</h2>
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<li>Accident rates per kilometer are 26 to 48 times higher for bikes than for automobiles (13).</li>
<li>Nearly 44,000 cyclists have died in traffic crashes in the United States since 1932 (the first year in which estimates of cyclist fatalities were recorded) (14).</li>
<li>U.S. cyclists are three times more likely to be killed than German cyclists and six times more than Dutch cyclists, whether compared per-trip or…</li>
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<h2> The Dangers in Terms of Cycling Safety?</h2>
<ul class="article">
<li>Accident rates per kilometer are 26 to 48 times higher for bikes than for automobiles (13).</li>
<li>Nearly 44,000 cyclists have died in traffic crashes in the United States since 1932 (the first year in which estimates of cyclist fatalities were recorded) (14).</li>
<li>U.S. cyclists are three times more likely to be killed than German cyclists and six times more than Dutch cyclists, whether compared per-trip or per-distance traveled (7).</li>
<li>According the British Medical Journal, the most important deterrent to riding bikes expressed by non-cyclists is fear of motor traffic (15).</li>
<li>While motorists often accuse cyclists of being the cause of bike-car accidents, a Toronto analysis of 2572 police collision reports (Table 1) demonstrates that this is actually not the case. The most common type of crash in this study involved a motorist entering an intersection controlled by a stop sign or red light, and either failing to stop properly, or proceeding before it was safe to do so. The second most common crash type involved a motorist overtaking unsafely. The third most common type of crash is a motorist opening a door onto an oncoming cyclist. In fact, cyclists are the cause of less than 10% of bike-car accidents</li>
</ul> Dave's got it right. It is ab…tag:thechainlink.org,2013-10-23:2211490:Comment:7671402013-10-23T20:09:42.017ZAnne Althttps://thechainlink.org/profile/Anne91
<p>Dave's got it right. It is about balance. Near collisions may be more memorable than uneventful filtering, but the uneventful stuff is most of the traffic I see out there. The idiots are <em>not</em> the majority.<br></br> <br></br> <cite>Tricolor said:</cite></p>
<blockquote cite="http://www.thechainlink.org/forum/topics/nytimes-article-on-cycling-accidents?page=2&commentId=2211490%3AComment%3A767127&x=1#2211490Comment767127"><div><div class="xg_user_generated"><p>...Like Dave quotes, it's…</p>
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<p>Dave's got it right. It is about balance. Near collisions may be more memorable than uneventful filtering, but the uneventful stuff is most of the traffic I see out there. The idiots are <em>not</em> the majority.<br/> <br/> <cite>Tricolor said:</cite></p>
<blockquote cite="http://www.thechainlink.org/forum/topics/nytimes-article-on-cycling-accidents?page=2&commentId=2211490%3AComment%3A767127&x=1#2211490Comment767127"><div><div class="xg_user_generated"><p>...Like Dave quotes, it's all about balance. I tend to remember the idiots and their near collisions more than the uneventful 'filtering.'</p>
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</blockquote> I have indeed. I also see pe…tag:thechainlink.org,2013-10-23:2211490:Comment:7671272013-10-23T19:47:32.884ZTricolorhttps://thechainlink.org/profile/Tricolor
<p>I have indeed. I also see people 'filter' up to intersections on the far right and go straight through even though they're passing a line of traffic turning right (stopped or moving; it tends to bunch up since the way is also shared with pedestrians), often complete with turn signals. Maybe that's covered by the due care language.</p>
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<p>Like Dave quotes, it's all about balance. I tend to remember the idiots and their near collisions more than the uneventful…</p>
<p>I have indeed. I also see people 'filter' up to intersections on the far right and go straight through even though they're passing a line of traffic turning right (stopped or moving; it tends to bunch up since the way is also shared with pedestrians), often complete with turn signals. Maybe that's covered by the due care language.</p>
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<p>Like Dave quotes, it's all about balance. I tend to remember the idiots and their near collisions more than the uneventful 'filtering.'</p>
<p><cite>Jim Freeman said:</cite></p>
<blockquote cite="http://www.thechainlink.org/forum/topics/nytimes-article-on-cycling-accidents?id=2211490%3ATopic%3A766746&page=2#2211490Comment767102"><div><div class="xg_user_generated"><p>Ever filter up between a line of cars stopped for a light? Congratulations, you are the beneficiary of the hard fought battle to get the law clarified to allow cyclists to pass on the right. While it is true that cyclists should use caution when doing so, it makes sense that bicycles should be allowed to overtake cars on the right.</p>
<p>After years of seeing insurance companies denying bicycle claims for bicyclists who were either doored or struck while filtering forward in traffic, the new language is a much needed relief for urban cyclists. Insurance companies would always claim that the cyclist should have queued up in traffic, which defies logic, but as the law previously existed such arguments were entertained in Illinois courts.</p>
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</blockquote> Life is risky. Still, I get o…tag:thechainlink.org,2013-10-23:2211490:Comment:7670072013-10-23T19:25:57.045ZDavid Barishhttps://thechainlink.org/profile/DavidBarish
<p>Life is risky. Still, I get out of bed in the morning. How do we manage risk in our lives? I tend to be a chickenbleep and tend to minimize risk. My mother, of course, would tell you otherwise. After all, "you have to be crazy to ride...[in whatever conditions at the time the comment was made]" That is the way of the world. It can happen at any time and at any place. To some extent there is a randomness to risk. The safest rider in the world can meet up with a doofus in a BMW or another…</p>
<p>Life is risky. Still, I get out of bed in the morning. How do we manage risk in our lives? I tend to be a chickenbleep and tend to minimize risk. My mother, of course, would tell you otherwise. After all, "you have to be crazy to ride...[in whatever conditions at the time the comment was made]" That is the way of the world. It can happen at any time and at any place. To some extent there is a randomness to risk. The safest rider in the world can meet up with a doofus in a BMW or another rider who is taking more risk and endangering others on the road. Still, the way we ride helps us manage that risk. The lead of the story pretty much tells us where its going:</p>
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<p><em>Until his bike slid out of control while he was going 35 miles an hour downhill around a sharp turn, Dr. Harold Schwartz thought cycling accidents were something that happened to other people. Now, after recovering from a fractured pelvis, Dr. Schwartz, 65, the vice president for behavioral health at Hartford Hospital in Connecticut, has changed his mind.</em></p>
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<p><i>How often do you get to 35 mph? I think we can all agree that there is a greater chance that something can happen at that speed and when it does it may be bad. The more risk we take the more chance of bad stuff happening. Still, that is no guarantee of having an accident. Conversely, a chickenbleep rider like me who tends to ride cautiously has no guarantee of getting home in one piece. If we extrapolate over all the riders on this forum, or all the riders in the city we will see that managing risk helps minimize injury. That's the best we can do. I doubt a bike is any more dangerous than a car. However, there is not as much protection on a bike. We all know that when we start to peddle. </i></p>
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<p><i>If I get spooked and become too afraid to ride I will blow up to 400 lbs and die of a heart attack. I will have lived a miserable life and never got to enjoy the fun of riding a bicycle. I might as well ride. Its a better gamble.</i></p>
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<p><i>I will pass traffic on the right when the cars are just sitting on Lincoln Ave. However, I have my eyes open and am not going full throttle. Balance. </i></p>
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<p><i>If we ride with awareness most of us will avoid an accident. If we wear a helmet we are a bit more likely to be able to spell our name the day after an accident. Also, thanks to the Affordable Healthcare Act most of us will be able to obtain insurance to deal the cost of whatever may come our way. </i></p> Good article. globalguy said…tag:thechainlink.org,2013-10-23:2211490:Comment:7672012013-10-23T18:48:04.527ZAnne Althttps://thechainlink.org/profile/Anne91
<p>Good article.<br></br> <br></br> <cite>globalguy said:</cite></p>
<blockquote cite="http://www.thechainlink.org/forum/topics/nytimes-article-on-cycling-accidents?id=2211490%3ATopic%3A766746&page=2#2211490Comment766933"><div><div class="xg_user_generated"><p><a href="http://media.treehugger.com/assets/images/2013/10/The_Safety_Paradox.jpg.662x0_q100_crop-scale.jpg" target="_blank"><img class="align-center" height="230" src="http://media.treehugger.com/assets/images/2013/10/The_Safety_Paradox.jpg.662x0_q100_crop-scale.jpg" width="306"></img></a></p>
<p>Speaking of thinking,…</p>
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<p>Good article.<br/> <br/> <cite>globalguy said:</cite></p>
<blockquote cite="http://www.thechainlink.org/forum/topics/nytimes-article-on-cycling-accidents?id=2211490%3ATopic%3A766746&page=2#2211490Comment766933"><div><div class="xg_user_generated"><p><a href="http://media.treehugger.com/assets/images/2013/10/The_Safety_Paradox.jpg.662x0_q100_crop-scale.jpg" target="_blank"><img src="http://media.treehugger.com/assets/images/2013/10/The_Safety_Paradox.jpg.662x0_q100_crop-scale.jpg" class="align-center" height="230" width="306"/></a></p>
<p>Speaking of thinking, <a href="http://www.treehugger.com/bikes/bikes-postage-stamps-and-irrational-culture-fear.html" target="_blank">Treehugger</a> has an article discussing Canadian bike articles that highlight how the "Culture of Fear" is the single biggest barrier to the widespread uptake of utility cycling. </p>
<p>Best Bits:</p>
<blockquote><p><span>By implying that a blow to the head or chest is unavoidable, we suppress numbers to only those willing to armour up, and scare the vast majority of our risk averse citizens onto other, less active modes of transportation.</span></p>
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</blockquote> +1 Jim Freeman said:
Ever fi…tag:thechainlink.org,2013-10-23:2211490:Comment:7671152013-10-23T18:47:19.030ZAnne Althttps://thechainlink.org/profile/Anne91
<p>+1<br></br> <br></br> <cite>Jim Freeman said:</cite></p>
<blockquote cite="http://www.thechainlink.org/forum/topics/nytimes-article-on-cycling-accidents?id=2211490%3ATopic%3A766746&page=2#2211490Comment767102"><div><div class="xg_user_generated"><p>Ever filter up between a line of cars stopped for a light? Congratulations, you are the beneficiary of the hard fought battle to get the law clarified to allow cyclists to pass on the right. While it is true that cyclists should use caution when…</p>
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<p>+1<br/> <br/> <cite>Jim Freeman said:</cite></p>
<blockquote cite="http://www.thechainlink.org/forum/topics/nytimes-article-on-cycling-accidents?id=2211490%3ATopic%3A766746&page=2#2211490Comment767102"><div><div class="xg_user_generated"><p>Ever filter up between a line of cars stopped for a light? Congratulations, you are the beneficiary of the hard fought battle to get the law clarified to allow cyclists to pass on the right. While it is true that cyclists should use caution when doing so, it makes sense that bicycles should be allowed to overtake cars on the right.</p>
<p>After years of seeing insurance companies denying bicycle claims for bicyclists who were either doored or struck while filtering forward in traffic, the new language is a much needed relief for urban cyclists. Insurance companies would always claim that the cyclist should have queued up in traffic, which defies logic, but as the law previously existed such arguments were entertained in Illinois courts.<br/> <br/><br/></p>
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</blockquote> Speaking of thinking, Treehu…tag:thechainlink.org,2013-10-23:2211490:Comment:7669332013-10-23T18:14:47.282Zglobalguyhttps://thechainlink.org/profile/daSquareWheelman
<p><a href="http://media.treehugger.com/assets/images/2013/10/The_Safety_Paradox.jpg.662x0_q100_crop-scale.jpg" target="_blank"><img class="align-center" height="230" src="http://media.treehugger.com/assets/images/2013/10/The_Safety_Paradox.jpg.662x0_q100_crop-scale.jpg" width="306"></img></a></p>
<p>Speaking of thinking, <a href="http://www.treehugger.com/bikes/bikes-postage-stamps-and-irrational-culture-fear.html" target="_blank">Treehugger</a> has an article discussing Canadian bike articles that highlight how the "Culture of Fear" is the single biggest barrier to the widespread uptake of utility cycling. </p>
<p>Best…</p>
<p><a href="http://media.treehugger.com/assets/images/2013/10/The_Safety_Paradox.jpg.662x0_q100_crop-scale.jpg" target="_blank"><img src="http://media.treehugger.com/assets/images/2013/10/The_Safety_Paradox.jpg.662x0_q100_crop-scale.jpg" class="align-center" width="306" height="230"/></a></p>
<p>Speaking of thinking, <a href="http://www.treehugger.com/bikes/bikes-postage-stamps-and-irrational-culture-fear.html" target="_blank">Treehugger</a> has an article discussing Canadian bike articles that highlight how the "Culture of Fear" is the single biggest barrier to the widespread uptake of utility cycling. </p>
<p>Best Bits:</p>
<blockquote><p><span>By implying that a blow to the head or chest is unavoidable, we suppress numbers to only those willing to armour up, and scare the vast majority of our risk averse citizens onto other, less active modes of transportation.</span></p>
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<p><cite>yai danche said:</cite></p>
<blockquote cite="http://www.thechainlink.org/forum/topics/nytimes-article-on-cycling-accidents?id=2211490%3ATopic%3A766746&page=2#2211490Comment766930"><div><p>I can agree with the "it's a matter of time" line of thinking.</p>
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</blockquote> I can agree with the "it's a…tag:thechainlink.org,2013-10-23:2211490:Comment:7669302013-10-23T18:03:34.921Zyai danchehttps://thechainlink.org/profile/danche
<p>I can agree with the "it's a matter of time" line of thinking. Everyone who drives a car has been in at least one fender bender. I've never had an accident with a moving vehicle myself, but have fallen off after hitting a patch of gravel/slush. </p>
<p>I can agree with the "it's a matter of time" line of thinking. Everyone who drives a car has been in at least one fender bender. I've never had an accident with a moving vehicle myself, but have fallen off after hitting a patch of gravel/slush. </p> Here are the key definitions…tag:thechainlink.org,2013-10-23:2211490:Comment:7670042013-10-23T16:48:05.682ZMike Keatinghttps://thechainlink.org/profile/MikeKeating
<p>Here are the key definitions (taken from actual instructions by a judge to a jury in a bicycle vs. motor vehicle case I handled) regarding the idea of "due care" or "ordinary care." These are the definitions the jury is to use after hearing all of the evidence in a case and then apply the judge's instructions to the case.</p>
<p>Due care can change based on the multiple factors at play in given situations. For example what might be consistent with due care on an empty street on a weekend…</p>
<p>Here are the key definitions (taken from actual instructions by a judge to a jury in a bicycle vs. motor vehicle case I handled) regarding the idea of "due care" or "ordinary care." These are the definitions the jury is to use after hearing all of the evidence in a case and then apply the judge's instructions to the case.</p>
<p>Due care can change based on the multiple factors at play in given situations. For example what might be consistent with due care on an empty street on a weekend would maybe not be due care on the same street during rush hour on a weekday. The answer is "it all depends."<br/> </p>
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<p class="MsoNormal"><b style="mso-bidi-font-weight: normal;">10.01 Negligence--Adult—Definition</b></p>
<p class="MsoNormal"><b style="mso-bidi-font-weight: normal;"> </b></p>
<p class="MsoNormal"><span style="mso-tab-count: 1;"> </span> When I use the word “negligence” in these instructions, I mean the failure to do something which a reasonably careful person would do, or the doing of something which a reasonably careful person would not, under circumstances similar to those shown by the evidence. The law does not say how a reasonably careful person would act under those circumstances. That is for you to decide.</p>
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<p class="MsoNormal"><b style="mso-bidi-font-weight: normal;">10.02 Ordinary Care--Adult--Definition</b></p>
<p class="MsoNormal"><b style="mso-bidi-font-weight: normal;"> </b></p>
<p class="MsoNormal"><span style="mso-tab-count: 1;"> </span> When I use the words “ordinary care,” I mean the care a reasonably careful person would use under circumstances similar to those shown by the evidence. The law does not say how a reasonably careful person would act under those circumstances. That is for you to decide.</p>
<p class="MsoNormal"><b style="mso-bidi-font-weight: normal;"> </b></p>
<p><br/> <cite>Davis Moore said:</cite></p>
<blockquote cite="http://www.thechainlink.org/forum/topics/nytimes-article-on-cycling-accidents#2211490Comment766891"><div><div class="xg_user_generated"><p><br/>It's as if they already thought of that. As though thepeople involved in crafting legal language were actually professionals, with legal as well as real world knowledge and experience. Imagine that!</p>
<p><br/>9-52-040<br/><br/>(d) Any bicyclist upon a roadway is permitted to pass on the right side of a<br/>slower-moving or standing vehicle or bicycle, <strong>but must exercise due care when doing so.</strong><br/><strong>When approaching a vehicle discharging passengers from its right side, a bicyclist must</strong><br/><strong>either yield to the pedestrians or pass on the left.</strong></p>
<p><br/> <cite>Tricolor said:</cite></p>
<blockquote cite="http://www.thechainlink.org/forum/topics/nytimes-article-on-cycling-accidents#2211490Comment766862"><div><div class="xg_user_generated"><p>Law or no, it's the easiest way to get hit so I still wouldn't recommend it. Imagine the kerfuffle we'll see the first time someone tries this with a bus, runs into a senior and claims right of way.</p>
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</blockquote> Lawyers do "write" the law, m…tag:thechainlink.org,2013-10-23:2211490:Comment:7669212013-10-23T16:41:41.200ZMike Keatinghttps://thechainlink.org/profile/MikeKeating
<p>Lawyers do "write" the law, meaning that they literally write out the text of the bill that ultimately becomes law. This is done by the lawyers and staff at the Legislative Reference Bureau (LRB) in Springfield. However, the language is usually submitted in draft form by the legislator who is the sponsor of the bill. The sponsor typically gets that draft from the lobbyist for the group (Active Trans, League of IL Bicyclists, etc.).</p>
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<p>But if LRB makes substantive or even…</p>
<p>Lawyers do "write" the law, meaning that they literally write out the text of the bill that ultimately becomes law. This is done by the lawyers and staff at the Legislative Reference Bureau (LRB) in Springfield. However, the language is usually submitted in draft form by the legislator who is the sponsor of the bill. The sponsor typically gets that draft from the lobbyist for the group (Active Trans, League of IL Bicyclists, etc.).</p>
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<p>But if LRB makes substantive or even stylistic changes from the draft form the bill will "read" differently than intended. This happens all the time. Alternatively there can be disagreements on the language used in a bill at the committee level or even when the bill is heard in the House or Senate. (Think back to <a href="http://youtu.be/2nKyihoV9z8" target="_blank">School House Rock and how a bill becomes a law</a>). Things can get very tricky over the words and phrases chosen and the arguments over seemingly subtle points. One of the key rules of statutory interpretation is what is the "plain language" of the law. <br/> <br/> <cite>Tricolor said:</cite></p>
<blockquote cite="http://www.thechainlink.org/forum/topics/nytimes-article-on-cycling-accidents#2211490Comment766897"><div><div class="xg_user_generated"><p>'Due care' pretty much puts everything back into limbo when someone gets right-hooked or doored. I guess lawyers did write the law. Better than the arbitrary eight foot rule, though, but still no excuse for passing on the right in most situations.<br/> <br/> <cite>Davis Moore said:</cite></p>
<blockquote cite="http://www.thechainlink.org/forum/topics/nytimes-article-on-cycling-accidents#2211490Comment766891"><div><div class="xg_user_generated"><p><br/>It's as if they already thought of that. As though thepeople involved in crafting legal language were actually professionals, with legal as well as real world knowledge and experience. Imagine that!</p>
<p><br/>9-52-040<br/><br/>(d) Any bicyclist upon a roadway is permitted to pass on the right side of a<br/>slower-moving or standing vehicle or bicycle, <strong>but must exercise due care when doing so.</strong><br/><strong>When approaching a vehicle discharging passengers from its right side, a bicyclist must</strong><br/><strong>either yield to the pedestrians or pass on the left.</strong></p>
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