View Single Post
Old 12-07-20, 04:55 PM
  #7  
Vintage Schwinn
Senior Member
 
Join Date: Jun 2019
Posts: 641
Mentioned: 16 Post(s)
Tagged: 0 Thread(s)
Quoted: 346 Post(s)
Likes: 0
Liked 398 Times in 260 Posts
Riders need to use their common sense and be ultra-cautious and certainly not exceed 7 or 8 MPH ( YES!!! only maximum of 7 to 8 mph !!) when within 100 feet of pedestrian traffic. The reasons why are that should it come to that (court, lawsuit...), the presiding judge will have little to no sympathy for the person riding the bicycle who collided with pedestrians, joggers, or the pedestrian/jogger's wayward darting dog if still retained on a 20 ft leash. In nearly all jurisdictions, you will find heavy prejudice against bicyclists, such that even in the most extraordinary circumstance, it will be assumed that the reckless nature and aggressive riding of the bicyclist was the major contributing factor. Video evidence from multiple camera angles ( assuming surveilance cameras, and or spectators, or cyclist's own go-pro or "dash cam", or dash cam footage of park ranger vehicle or other persons' dash cam footage or phone, etc....) ....video evidence from multiple camera angles will not likely be worth a damn in your quest to show that the majority of fault was not yours(the cyclist's fault!!). It won't matter that BRUTUS the 85 pound dog and his house mate the 65 pound Black Lab named MILLIE decided to do some impromptu butt sniffing while the owners were walking them on 20 ft leashes. IT WILL BE ASSUMED THAT YOU WERE RIDING TOO FAST FOR THE GIVEN CONDITIONS AND THAT YOU LACKED GOOD JUDGEMENT AND BEHAVED IN A SELFISH AND RECKLESS MANNER WHEN YOU CONTINUED TO PROCEED TOWARDS THE PEDESTRIANS ON THAT PATH OR PARK ROADWAY!! They will assert that you should have stopped and then dismounted your bicycle at least some 15 ft before reaching any pedestrian traffic and then simply WALKED THE BICYCLE UNTIL SUCH TIME THAT YOU WERE WELL BEYOND ANY PEDESTRIAN TRAFFIC BEFORE AGAIN MOUNTING AND PROCEEDING ONWARD!

I'm not joking when I say that this is the "attitude" that you will most likely be facing during the legal/judicial process. Is it fair? maybe not, but you'd be extremely naive if you believe that all legal and judicial proceedings are equal/fair without any sort of bias. Your best bet as the old saying goes is to "keep your nose clean" and don't ever get into any legal scrapes because the outcome is never a certainty and you could come out of it, holding the short end of the stick. It is a messy process that you don't want to get into IF YOU CAN OTHERWISE AVOID, especially if you are seen as having "Deep Pockets"/significant assets and coverage policies that can be "tapped" for the "VICTIM" 's injuries/dimenished use-permanent physical disability, etc.

Hey, I am not a lawyer and I never played one on television but my neighbor is a retired lawyer that I sometimes play golf with and sometimes ride along with. We have discussed this before while amongst friends and fellow tennis pals and cyclists at a charity golf tournament's after tournament barbeque and beer fest. It seemed that somebody's son in law had the unfortunate luck of lightly coliding with a jogger who was running with 2 leashed dogs. The son-in-law was on his bike and supposedly the jogger unexpectedly went left because his dogs forced him left and the jogger impacted with the bicycle. It was scuttlebutt heresay among the after golf barbeque and beers that this kid on the bike ( a 36 year old radiologist and son in law of one of my tennis pals) got raked over the coals you might say by one of Atlanta's most well known billboard and television ad buying attorneys who got a substantial amount for his client the jogger with the two dogs.
Hey, I am not faulting the legal profession or the skill of these most experienced attorneys at "protecting their clients' rights" and securing a "reasonable" settlement given the "injury", etc..... THERE IS NO REASON TO FAULT THE ATTORNEYS BECAUSE GIVEN THE WAY THINGS ARE, YOU MAY AT ONE TIME OR ANOTHER IN THE FUTURE FIND YOURSELF NEEDING to protect your rights To The Full Extent That Current Law Provides, and such a skilled trial attorney can do as much as humanly possible given your circumstance. It is never a sure thing. You can bet your ass that in most situations that IF THERE IS DECENT POTENTIAL TO GET SOMETHING ( attorneys operating on contingency basis...) , THEY WILL DO EVERYTHING THEY CAN FOR THAT 1/3 SETTLEMENT. You know you see them on tv all of the time with their television ads.........."Call Us, It Costs You Absolutely Nothing Unless We Win Your Case, Let Us Protect Your Rights and Get You Everything That You Are Entitled To..........Call (xxx)@@@--%%%% The Dewey, Cheatham, and Howe, Law Group ..........the Warriors for Justice.....

Yep, you do not want to be in that cesspool circus of legal entanglement IF YOU CAN AT ALL AVOID GETTING INTO SUCH A SCRAPE................so just don't be the dumbass that even lightly brushes a pedestrian while riding on a multi-use path........................go super slow or walk the bike if necessary where there are people(pedestrians) congregating..............
It is likely gonna work out bad for you even with video evidence because the footage will likely show a cyclist wearing "Lance Armstrong gear" riding a bicycle with racing handlebars, racing seat, narrow tires, fancy racing bicycle shoes, and an aerodynamic helmet. Their assertion is that you were riding a purpose built racing bicycle in a manner that was too fast for the prevailing conditions with many pedestrians scattered about and further charge that you were impatient, and exhibited the worst judgement possible in your quest to speedily attempt to navigate through a sea of law minding pedestrians. There will be no sympathy as the public's point of view is seemingly: "Why The Heck Is That Adult Even Riding A Bicycle Here..".
They are gonna see the video if there is any video evidence and see that it wasn't Grandpa Walton of the Geritol Generation riding an upright 3 speed at a snails pace but some adult person looking like they are dressed to ride in the Tour de France and riding a bike that looks more like a Tour de France entrant's bicycle, than an old fashioned ordinary bicycle. Unless you're extremely lucky, chances are those are the prevailing attitudes that you as a "serious cyclist" will be up against should you find yourself in some scrape with pedestrian or jogger. Heck, in many instances where automobile drivers are at fault with minor collisions with bicycles, the cyclists are blamed for being where they do not belong and creating a nuisance and thus they should assume the risk of leisure-sport riding on a busy roadway that for all practical purposes was intended for motorvehicle traffic and not silly adults who want to ride bicycles wearing silly outlandish tight fitting spandex. Hey, we all know that there are too many folks and motorists who think that way. Until that changes significantly, you will have an Uphill battle in any disputed collision with a pedestrian. Avoid doing it, if it means riding extremely slow or walking the bike when near a custer of pedestrians...
Vintage Schwinn is offline  
Likes For Vintage Schwinn: