Cycling in Seattle – a new home

May 18, 2009 by Mimy A. Bailey, Attorney

new.site

After weeks of developing, designing, writing, and tweaking, my new site is live!

The new site is a firm website that is dedicated to bicycle cases.  The blog is now integrated into the new site, so add the new location to your favorites.

Two URLs, www.yourbikeattorney.com and www.skwcbikelaw.com, will direct to the same site and content.

Creating a website is no small task.  I am pleased with the product and hope that you find the content useful and the look visually pleasing.  I have analyzed each revision, but could always use a fresh set of eyes – feel free to offer your feedback on the look or content via email (mimyb@yourbikeattorney.com).

Newsletter – I will eventually get a newsletter going, so please add your name and email to my list.

Breaking News in Washington!

May 2, 2009 by Mimy A. Bailey, Attorney

Tired of waiting at lights, wondering if the sensor picks up bicycles?  Sometimes we must push the pedestrian button to get a signal or even run a red light if there is no button.  The Washington State Legislature passed a bill that will require intersections to have the capability to sense bicycles.

traffic lightA brief excerpt:  “All existing vehicle-activated traffic control signals that do not currently routinely and reliably detect motorcycles and bicycles must be adjusted to do so to the extent that the existing equipment is capable consistent with safe traffic control. Priority must be given to existing vehicle-activated traffic control signals for which complaints relating to motorcycle or bicycle detection have been received and existing vehicle-activated traffic control signals that are otherwise identified as a detection problem for motorcyclists or bicyclists, or both.”  SENATE BILL 5482

How do intersection signals work for cyclists?  Oftentimes you need to put your bike over a certain section of the pavement to trigger a signal – lookbicycle detector for a small white “T” or a small bicycle logo near the stop line or crosswalk.  Keep your bike over this area – if you move, then the signal no longer senses that a bicycle is waiting and the light will not turn.

If you are waiting and you don’t think there is a bicycle detector, allow the cars behind you to scoot up over the vehicle sensors (oftentimes you can see large circular cuts in the pavement from when the loops were installed).

“LOOP DETECTORS tell the signal when a motor vehicle or bicycle is waiting for the light to turn green. Bike-specific pavement markings indicate where to position the front wheel in order to change the signal.”

May is Bike Month

April 11, 2009 by Mimy A. Bailey, Attorney
Bike Month

Bike Month

Commuting by bicycle is efficient, economical, and enjoyable.  A segment on NBC’s Today Show covered the actual  cost of driving a car (see also AAA’s report) and sparked an MSNBC.com blog posting from a bicycle commuter.  While it is easy to compare dollars to dollars when weighing the financial benefits of bike commuting, the comparison does not do it justice.  The health benefits alone – priceless!  The clarity of mind that comes after a post-work bike ride – a way to wash away the stress of a long day.

Bike commuting is a commitment of time, money, and effort.  An investment that many Seattleites see as well worth it – evidenced by the throngs of Ortlieb panniers, yellow jackets, and blinking red lights that make their way across the Fremont Bridge to Dexter on the way to downtown Seattle every weekday morning.

May is bike month!  May is an excellent time to begin your bike commuting career.  Check out the Bike Month Calendar, rally a group to compete in the Group Health Commute Challenge, and get your bike commute ready.

Knee jerk reactions

March 20, 2009 by Mimy A. Bailey, Attorney

The Oregonian

The Oregonian

What are your first thoughts?  What is your gut reaction?  The first comment posted recites the same old cliche “frivolous lawsuit.”  That phrase pisses me off.

People feel justified making a snap judgment about this family, the victim, the facts of what happened, and the American justice system.  The reporter’s choice of words invites this type of ignorant reaction.  It is amazing how much a word or a phrase can say.  What if the headline read “Family of cyclist seeks justice after daughter’s death?”  Would the reaction be different?

Does it matter how much money the family put in the complaint?  That fact tells the uninformed nothing about what the $2 million represents.

Beyond the bias against plaintiffs, many of the comments are aimed directly at the cyclist.  She was in the bike lane, next to the truck, stopped.  A bike is a vehicle and no driver has the obligation to prevent the negligence of another.  If this truck has a blind spot that big, then something should be done about it.

It is fine to have an opinion, but it is important to recognize the limit of your knowledge of the facts, the law, and the unimaginable pain of losing a child (the statistics on depression and divorce is not good for the parents).

Despite the calculated attack by the insurance industry and the media (which has poisoned the public), I am proud to be a trial lawyer.

Snell Certified Helmets

February 26, 2009 by Mimy A. Bailey, Attorney
Giro Atmos

Giro Atmos

All helmets are the same, right?  Apparently not.  The Consumer Product Safety Commission sets standards.  The American National Standards Institute sets standards.  Finally, The Snell Memorial Foundation sets standards.

“Today, Snell is known for its ongoing work in setting, maintaining and continually upgrading the most authoritative helmet standards in the U.S. and throughout the world. Snell tests thousands of helmets each year and maintains its objectivity by remaining independent of helmet manufacturers, as well as local and national governments.”

Snell performs independent and rigorous testing.

Searching on the CPSC and ANSI websites it’s difficult to find specific information about helmets.  Snell is dedicated to helmets and it’s easy to learn about their testing and which products they certify.

I have ridden with Giro helmets for 7 years and I was not happy to see that NONE of their helmets meet Snell’s standards.  I am currently in the market for a new helmet.  It looks like Specialized is the best brand for Snell helmets and includes even their most expensive S-Works models.

“Please don’t squeeze”

February 23, 2009 by Mimy A. Bailey, Attorney
Toronto public campaign

Toronto public campaign

Love it!  Canadians have some great public relations campaigns to bring awareness to drivers of how to safely navigate with cyclists on the road.  I think, for some drivers, the issue is not a conscious disregard for bikes, but rather a lack of knowledge of what it’s like to be a cyclist surrounding by cars.  The “please don’t squeeze” campaign asks trucks to position themselves between cyclists instead of putting them in a blind spot.

When is Seattle going to get serious about educating the public?

Tips for drivers of large vehicles

Cyclists play an important role in urban transportation.

  1. Do not squeeze a cyclist between your vehicle and the curb.
  2. Change lanes, or straddle the lane at low speed, to pass a cyclist.
  3. Cyclists may travel faster than you think. Watch for bikes.
  4. Beware that off-tracking on right turns creates large blind areas to the right.
  5. Monitor your side mirrors on turns.
  6. Respect the cyclist’s right to the road. Drive cooperatively.


Tips for cyclists

Large vehicles play an important role in the transportation of people and goods.

  1. Stay out of blind spots. Do not ride beside or close behind and never cut in front.
  2. Never pass a right-turning vehicle. Stop behind it and wait, or pass in the next lane if it is safe to do so.
  3. Do not leap-frog (continually pass and be passed by) a large vehicle. Wait a moment to create distance between the two vehicles.
  4. If you can’t see the driver’s eyes, the driver can’t see you.
  5. Do not hold on to, lean on, or attach to any vehicle.
  6. Respect that large vehicles are different than cars. Cycle cooperatively.”

Comic relief

February 17, 2009 by Mimy A. Bailey, Attorney

SKWC Victory for Injured Cyclist

February 5, 2009 by Mimy A. Bailey, Attorney

gendlerruling1One victory.

My law firm, Stritmatter Kessler Whelan Coluccio, has fought the State of Washington for many years to obtain incident records under the State’s public disclosure laws.  Most recently, the State refused to give our client records of prior incidents occurring on the Montlake Bridge unless our client agreed never to use those records against the State.  We won that battle this week!  Judge Wickham of Thurston County ruled that the State must produce the requested records.  The State has tried to hide behind a federal law that applies to the Dept of Transportation.  A defect exists on the Montlake Bridge and that defect swallowed our client’s front tire.

Today’s news1

February 5, 2009 by Mimy A. Bailey, Attorney

kevinblack

One tragic loss.

The family and friends of Kevin Black, along with the cycling community, are in mourning over the tragic motor vehicle-bicycle collision that occurred yesterday on the streets of Ballard.  A story like this makes me go mute as a lump forms in my throat.  This morning, on NPR, I heard that Kevin is a father of two young daughters.  Candles and flowers line the street near the scene.  It’s hard to know what to say about this – his family is in the thoughts and prayers of many.

UPDATE:  Informal ride, tonight – “we are meeting at 5:30 at 24th and 65th for an unofficial ride. We don’t know yet where we will go, but will start with just meeting up and being together during a difficult time and then go from there. All are welcome, whether on bikes or foot or whatever.”

Wear your helmet!

January 6, 2009 by Mimy A. Bailey, Attorney

Crashed Helmet

It amazes me when I see people riding without helmets.  While no statewide law requires cyclists to wear helmets, it is as common sense as wearing a seatbelt.  A helmet is the only form of protection available to cyclists and the brain is the most important piece of the body to guard against injury.

More than half of Americans admit they never use a bicycle helmet while cycling.  I am shocked at how often I see people riding with no helmet, a helmet with an unclipped chin strap, or a helmet clipped to a backpack.

Proper fit is key to reaping the benefits of a helmet.  The Bicycle Helmet Safety Institute offers a simple pamphlet that summarizes how to ensure proper fit.

It’s important to check your helmet often.  First, check for cracks or other signs of wear or fatigue.  Second, make sure the fit is right.  If you wore a hat under your helmet last time you rode, you may need to tighten the fit.  Personally, I often find that the chinstrap has loosened on its own and I need to tighten it.  A quick check is to put the helmet on, clip the strap, and then try to lift the helmet and push it back – if I can push it back to expose my forehead then I will tighten it where I can.

Consumer Reports does bicycle helmet testing periodically and in the past has identified helmets that are substandard.