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Bicycle & Skate Law


AVOIDING TYPICAL ACCIDENTS

by Ray Thomas
Ray Thomas is a Portland bike lawyer.

Bicyclists seeking to avoid accidents are obliged to become highly experienced riders, or to become extremely well informed by taking a bicycle riding course such as one sponsored by bicycling organizations such as The League of American Bicyclists or Oregon’s Bicycle Transportation Alliance. There are a number of clear accident patterns to learn and prepare to avoid so as to reduce the chance of an injury accident.

Collisions With Motorists

Motorists all too frequently do not recognize bicycle riders as vehicles; not because they seek to avoid recognizing us (indeed, most motorists are made nervous by bicycle riders and because arguably more alert than they are for other types of non-motorized road users such as joggers and bladers) but because the bicycle is recognized as being somewhat “vehicle-like.” While there is definitely a love/hate relationship between motorists and bicyclists, any pathology in the relationship is not a factor in the great majority of accidents.

Left Turning Motorists

Most left-turn accident cases involve a bicyclist not in a bicycle lane who is hit by a motorist coming from the opposite direction who fails to see the bicyclist until it is too late. These are often serious accidents because of the closing forces from traveling in opposite directions. Accidents occurring where the bicyclist is riding at night without lights or was passing on the right of a line of stopped or slower cars without being in a bike lane provide the most frequently encountered liability problems from the bicyclists’ perspective. However, in the typical case, the failure to yield by the motorist is sufficient to establish liability. When these accidents result in lawsuits and go to court the usual legal problem relates to medical causation and damages rather than fault.

Survival Skills for Close Traffic

Riding in close traffic requires heightened awareness in anticipating potential vehicle paths of travel. At some point, every experienced bicyclist learns to accept the fact that in approaching any intersection with cars, there is a point of no return after which the rider is so far into the intersection that there is little room for evasive bike handling. Up to this point, the rider is only committed to a path of travel within certain broad parameters and if a motorist suddenly decides to squeeze off a quick left turn, it is possible that there is still enough room in the intersection for a good bike handler to evade the car (unlike a collision between two cars where the sheer bulk of the car bodies fills all available escape routes between the curbs in the intersection). Thinking about the potential paths of travel of other vehicles while approaching intersections is a lot of work. However, advanced riding technique requires development of this level of attention in order to entirely eliminate manageable risks. Ultimately, however, (whether we are traveling as bicyclists, pedestrians, or motorists) we place ourselves at a point of no return, past that point if someone fails to recognize our superior right of way or maintain their vehicle under proper control, there is little we can do to change course to avoid an accident.

Other Survival Skills

Other non-riding factors are also involved in avoiding accidents. Conspicuity, (the safety concept responsible for color selection on highway signs and the clothes of flaggers and roadway workers) plays a role in forcing the attention of drivers onto approaching bicyclists. The usual hazard colors are best. You don’t have to worry about being confused with a car, motorcyclist, or any other larger object than yourself; choose colors associated with an emergency and you will be safest, albeit dressed somewhat like a fishing lure.

The Law Requires Front Lights at Night

Recognition that even a medium-performance lighting system (the law only requires that the front light be visible for 600 feet; good enough for a small flashlight beam) raises the chances of being seen at night or at twilight.

Other Types of Common Accidents

Collisions between bicycles and motor vehicles also occur in other scenarios, such as collisions at transition points where bicyclists are entering or crossing regular traffic lanes from sidewalks or bicycle lanes, crossing intersections in crosswalks, or intersections where a driver fails to yield to the bike rider. Again, the majority of these accidents involve situations where the motorist has failed to recognize the bicyclist as a vehicle and either turns into or directly in front of the bicycle rider.

Accident Avoidance Riding Skills

Defensive driving awareness coupled with knowledge of emergency accident avoidance techniques may decrease the chances of an injury accident. However, an old statistical rule of thumb is that the average rider will be involved in an accident about once in every seven years of riding. Knowledge of emergency avoidance techniques can go a long way toward avoiding accidents because there is so much room in which to maneuver in a typical intersection for a narrow bicycle. The League of American Bicyclist’s (LAB) Effective Cycling course has taught riders these types of maneuvers for three decades or more.

It is a little difficult to practice emergency maneuvers which necessarily involve taking the bike to the limit of its performance. Mountain bike riders usually learn how much front brake to apply without performing an “endo” over the handle bars, but on a road bike few riders know where the line is between maximum braking and a front flip.

Car drivers have classes available at Portland International Raceway (PIR) which teach emergency avoidance maneuvers. For these classes, regular street cars are outfitted with adjustable wheeled outriggers. The outriggers can be raised or lowered, taking weight off of the tires of the car. The car is then driven in dry and wet pavement simulations, allowing the driver to experience tire and suspension performance at and beyond the point of loss of traction. Emergency braking and steering maneuvers require practice and some technique, such as turning into the direction of a skid, which may be counter intuitive, so these classes provide a safe “laboratory” for practice.

While bicyclists do not have outriggers or specialized “training wheels” available, some people practice emergency maneuvers on a soft mowed grassy area. Since the front wheel provides over twice as much braking potential as the rear wheel, it is important to learn how to shift weight during emergency braking back behind the saddle and low on the bike without going over the handle bars. Many riders become complacent and fail to use their front brakes sufficiently; and, the rear brake, particularly with a narrow high pressure tire, provides very little braking power before the rear tire breaks loose from the pavement and skids.

Another technique that can be practiced and mastered is used by bicycle police officers to come to a sudden controlled stop and involves skidding the bike sideways, a maneuver many of us practiced with our coaster brakes when we were kids, causing great loss of rear tire life.

A grassy area can also provide a good place to practice emergency turning maneuvers and explore how far the bicycle will turn before it begins to skid or flop over. The usual complement of hazard warnings must accompany any practice session since any accident, even on a grassy knoll can produce serious injury.

Wear A Helmet

It may go without saying that one of the few things we can do to improve our chances of avoiding serious injury in the event of an accident is to wear a good helmet. Many serious accidents include large force impacts to the head. Dented and cracked helmets are frequently found at the scene of high energy accidents. Yet, many riders, including a number of elite level racers, object to wearing a helmet for reasons of aesthetics.

Conclusion

Defensive riding techniques allow bicyclists to avoid some accidents. Knowledge of most common scenarios that result in injuries combined with learning the basics about emergency avoidance maneuvers may make a critical difference in whether or not an accident happens. Maximize your chances of avoiding an accident by using lights at night, wearing bright colors, and always wear a helmet.

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