The Chainlink

Talking on the cell phone while riding?

This is a pretty high bar for a member of the bar to set!

“There’s a huge difference between distracted driving that kills someone and distracted biking that doesn’t,” said Peter Wilborn, founder of Bike Law, a network of personal injury lawyers that focuses on cycling issues. “I don’t think we need laws specifically for this.”

from:

http://api.viglink.com/api/click?format=go&jsonp=vglnk_14480328...

A writer on the blog founded by the quoted attorney discusses this, but makes a Straw Man argument pitting the issue against distracted car drivers. http://www.bikelaw.com/2015/11/19/distracted-biking-focusing-on-the.... 

Personally, when I see a rider talking on their cell phone I'm amazed. 

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Permalink Reply by Irvin Steinert on November 24, 2015 at 9:40am

Chicago. Don't ask me how I pronounce that ;-)

Yasmeen, perhaps you could fix the e-mails so they are sent after the edit time period is completed?

Permalink Reply by V W on November 23, 2015 at 9:54am
Eh- I agree with the attorney although I know it's an unpopular opinion.
Permalink Reply by Steve G on November 23, 2015 at 9:55am

Is that because you think riders should not be prohibited from texting/phoning while riding, or on a more general principle?

Permalink Reply by V W on November 23, 2015 at 10:11am
I guess more of a general principal- there's value in not having laws to address every little thing, civil liberties and all that. There's already plenty of law to fault and penalize a cyclist who injures someone. If the cyclist is blabbing on their phone and hits a pedestrian, the pedestrian can already sue, the cyclist can already get ticketed for riding recklessly- the court could already infer negligence from the fact the cyclist was on their cellphone and distracted. If the cyclist only injures themself- why pile on? Also the more something is regulated the more it tends to be disincentivized- I think cycling and cyclists shouldn't be burdened by government so much as cars are because of the relative societal costs/benefits of cycling vs driving.
Permalink Reply by Steve G on November 23, 2015 at 10:32am

Yeah, the propagation of laws has that effect, I'd agree. As Andrew B pointed out above, there is a law about it and the penalty is milder for cyclists than for motorists. 

Also this kind of law is like seatbelt laws- it's prophylactic, not curative. 

Permalink Reply by Yasmeen on November 23, 2015 at 10:54am

The issue I have with more laws to "crack down" on cyclists is that there seems to be distorted blame placed on cyclists. As has been said well already, there are laws that already cover cyclists talking on the phone, etc. 

Distracted motorists (texting, talking on their phone) and drunk driving should be the focus of a crack-down.

Permalink Reply by David Barish on November 23, 2015 at 11:30am

Maybe the hangup has to do with the concept of making something illegal vs. the concept of behaviors that should be strongly discouraged or done in very limited situations.  I know  we don't like the idea of having our actions on the bike inviting police action. Me neither. Still, I have a hard time seeing much of a difference between  bikes and cars in this regard. Even  if  a bike is allegedly less likely to cause damage it can be argued that a bike takes more skill and attention to control and distractions are an even  bigger problem.

Since the advent of mobile communication distraction has become a real issue. For years many drivers were distracted and this was having catastrophic results. I admit that I was often one of the offenders but have modified my behavior before anybody got killed.  All the distracted behaviors are problems regardless of whether you are on a bike or car.  Using a GPS can  be a distraction in a car but we hope users can  be more vigilant. I think we see the tool as important enough that we do not want to prohibit it. The same goes on the bike. Can't you plow into a pedestrian or fellow cyclist when looking at a cue sheet? I admit that will at times  eat in a car or  on a bike. When I do so I damn well better be careful because I am putting  myself and  others at risk. I will only speak in the car using technology that  putts the call through the speakers in the car as I talk to my mirror. I have tried to use a headset while on the bike but haven't bothered with that in  a long  time. The phone is buried in  a bag and I will not even hear it ring. I have better things to do than talk to anybody. 

Years ago I saw my brother fall off his bike while attempting  to drink a cup of coffee at a very slow speed. I am not sure whether the coffee or the other bad behavior from that long night (for which the coffee was an attempted remedy) was the reason for his sudden failure to handle.

As for dancing on a bike, I am all for it. The problem is the most memorable person who was known for "dancing on  his  pedals" has a lifetime ban from competitive cycling. Of course, distraction wasn't his issue. 

Permalink Reply by Anne Alt on November 23, 2015 at 1:15pm

Yeah, Dave! +1

Permalink Reply by Yasmeen on November 23, 2015 at 5:07pm

Completely agree, distracted cyclists and motorists are dangerous. Maybe I am naive in thinking this isn't as much of an issue with cyclists? I can't talk on my phone and ride at the same time. I pull over and use my phone to talk or text or post a pic even if I am on an empty farm road. I can manage a Gu and drink from my bottle but I don't think you'll ever see me drinking a cup of coffee or eating a sandwich on my bike.

Not meaning to shame people here, just curious - are there people that talk on their phone while riding that are willing to admit it here?

This discussion reminds me of one of my favorite videos (the pizza coordination is pretty great). 

Permalink Reply by Irvin Steinert on November 23, 2015 at 11:57pm

I think illegal sounds like "criminal" but it's different. If someone is obviously doing something that is really endangering himself or others, I feel the police need the tools to be able to stop them and give them a reminder that they will actually remember and hopefully think twice in the future.

Hopefully no law is passed to simply target a transportational minority because they are different than the majority.

BTW: I meant more like "mealing" than eating. I occasionally will eat in the car but I have seen some real doosies like this whole family with food all over the dashboard, driver has sandwich in one hand and drink in the other barely able to grasp the wheel and focusing more on the food than driving; all this as they were merging onto the expressway!

God Bless America!

Permalink Reply by Irvin Steinert on November 24, 2015 at 12:07am

bonus points to whoever guesses what type of vehicle they were driving!

Permalink Reply by Irvin Steinert on November 24, 2015 at 12:05am

I walked into a brick column outside a store once while looking at a beautiful girl inside the store....(I was young then and cell phones hadn't been invented yet).

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