Cyclist Urges Others to Ride With All Available Technology

Cameras, computers, and crash alerts necessary to keep cyclists safe

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Not only does cyclist Anthony Hardwick recommend riding with cameras, computers, and crash alerts to keep cyclists safe, he also wants to emphasize the importance of technology to document motorists when they are not being safe.

The driver who hit Anthony tried to wiggle her way out of accepting responsibility for the crash and even tried to pin blame on him by saying that Anthony was speeding in a school zone. In court, Anthony was able to point to his Garmin data and prove that he was not traveling above the speed limit. “The computer holds them accountable,” said Anthony. He has also invested in cameras that cost him $60 total which he runs front and rear facing now, just in case.  Anthony strongly encourages any bicycle rider to get a cycling computer that sends an alert via your cell phone in the event of a crash, or find a cell phone app that does the same. “Having loved ones at the scene to help you make decisions when you’re concussed is so invaluable.  I was a groggy mess and my wife’s help was so wonderful.”  Traffic camera footage, if available, can also be useful in holding drivers accountable. 

Anthony, a Bicycle Service Department Manager, has been riding bikes since he was in college back in 2006. He enjoys group rides and competition but mostly rides for transportation purposes. On January 22, 2020, Anthony had been riding the bike path that runs from the South Platte Trail west out to Lakewood. Anthony had gotten off the path and was riding in a bike lane down 10th Avenue.

He had chosen to ride 10th Avenue because there is a wide, demarcated section of the road, a bike and parking lane, that is used by motorists and cyclists who are trying to avoid being in/slowing down traffic.  Anthony had just advanced east from the stop light at 10th Ave and Sheridan.  

The bike and parking lane begins just past Zenobia Street.  As Anthony got closer to Cowell Elementary School, more and more parked cars were in the lane, and he was forced out into the car traffic section of the road. In addition,  he was trying to be mindful of the school zone speed limit and had slowed to middling speed as denoted by this graphic from his Garmin:

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Anthony returned to the parking/bike lane past Utica Street. Right then and there, an SUV that had just passed him seconds earlier turned right into the alley just in front of Anthony.  The driver did not signal the turn or yield to him. Anthony crashed into the back passenger corner of the Acura RDX and was thrown from his bicycle. 

Anthony was terrified as he smashed into the back of the car.  “I thought I might break my neck and die. I literally thought ‘My neck is breaking’ as the impact was made.  As I lay on the pavement, I wiggled my toes in my shoes and realized I wasn’t paralyzed and I could still breathe, so then I was just really really mad,” explained Anthony.

He lay in the street for several minutes because he didn’t want to move knowing that this could cause paralysis after an impact. However, bystanders moved him out of the road to the sidewalk.  Anthony was  disoriented, and a person asked if he wanted to have 911 called. He nodded his head “yes” because he was feeling very shaken up and was worried that he was hurt worse than he could tell.  Anthony called his wife. Fire and EMS responded as well as Denver PD. EMS determined that he was not in critical danger and could ride to Denver Health Urgent Care with his wife who was on the way to the scene.

The driver claimed that she did not see Anthony, that he came out of nowhere, and that he was faster than she thought. The Denver Police Department cited the driver with careless driving. 

Anthony was diagnosed with a concussion, back muscle strains, neck muscle strain, and a sprained left ring finger.  “I am extremely blessed that I didn’t break any bones.  My muscles did suffer massive strains and I felt like I had been hit by a truck the next day, mostly because I had been hit by a tiny truck,” said Anthony. He was on bed rest for a week due to the concussion. Anthony missed work from January 22 - February 2, 2020, as he was unable to perform tasks needed to manage the service department. “I felt stressed that I was missing work right after getting promoted to a manager’s position.”

His wife has had to deal with the majority of the insurance issues as they have coverage through her work.  Anytime the health insurance company had a question or conflict with something, they did not call me, they called her, because she is the primary contact on the policy. “This stressed the hell out of her,” said Anthony. She also missed work when he was concussed because Anthony needed to be monitored just in case he had brain bleeds.

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Anthony appeared in court on June 29th, 2020 to testify at the driver’s hearing. She represented herself and was trying to dodge being at fault. Anthony said that she tried to insinuate that he was not paying attention because he was wearing headphones.  “Imagine her surprise when I said that was impossible because I always pull off the ear bud silicon cover on my left ear so that I don’t ride with an ear bud in the ear that is closest to traffic.  That is a little trick a police officer in Omaha, NE told me about. This way the driver can’t even play like you had an ear bud in because it won’t stay in your ear!”

The driver was found guilty of careless driving and was assessed four points to her license. She paid $135.00 in fines and fees.  “It was only four points on her license and she got to keep her driving privileges.  I was surprised … but that is the state of affairs until those who write the laws start taking road cycling seriously as a means of transport.” 

Once again, we have a situation here where we have adequate laws on the books- the VRU law, among others - but we have city attorneys and DAs unwilling to use those laws fully. Anytime a plea deal is offered like it was here, the laws we fight so hard for, go unused, un-utilized. Driving behavior will not change until DAs and City Attorneys start taking away drivers’ licenses... until the PRIVILEGE of driving is suspended for a period of time.
— Megan Hottman

Anthony feels that the outcome of the civil case was fair, and that he was compensated well for his injuries and his bicycle. However, he said it is hard to feel like the justice system is taking cyclists being hit seriously when the drivers who hit cyclists are allowed to keep their licenses. He is reminded of something an EMT professor said in class once: “Don’t call car crashes accidents. It’s not an accident when someone is being careless, distracted, or an a-hole. That’s just someone causing a car crash.”

Until the justice system feels the same way, cyclists need to be diligent in everything they do on the roads.

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The crash has affected how Anthony feels about riding his bike in general. “I can’t ride in traffic because I fear getting cut off again.”  He frequently discusses moving from Denver, because he wants to live in a smaller town with fewer people and, thus, fewer cars on the roads. Anthony is seriously considering uprooting his family and moving to Grand Junction, CO, because people tell him that GJ is what Denver and Boulder were like “in the good ole days.” 

While not afraid to ride his bike, Anthony is much more hesitant to proceed on his course when cars pass him now.  “I find myself instinctively using the brakes when a car passes me.  I do not trust drivers to have common sense anymore.” Anthony has greatly altered his route to work. He tries to only use Denver bike lanes as that is a clear lane of travel with solid white lines meant to deter drivers from entering his lane of travel.  However, he still sees drivers ignore this paint and drive wherever they please.  This has led him to do most of his training rides in more rural areas, like the Eastern Plains, or beyond the front range mountains deeper into the Rockies.  This means that Anthony drives his car more just to get to a place where he feels safe riding.  

If Anthony could speak to the driver directly, he would say the following:

“How much time did you save now? You were trying to fly past me in a school zone and bank a hard right turn at just under 30 mph, with your baby in the car! For what? To shave fifteen seconds off your afternoon commute time? You told me you were just trying to drop your baby off and then go back to the school to pick up your kid or something. The exponential growth of your poor time management is astounding.  You didn’t give yourself enough time to do the things you felt you needed to do as a parent, and rushed around in a car trying to make up for lost time. How much time did you lose after you hit me? You lost the time of giving a statement to the police officer that day. You lost the time trying to find a lawyer to defend your indefensible case. You lost the time acting as your own defense in court. You lost the time making a statement to your insurance company for the settlement.  You lost hours of your life trying to get back 15 seconds.  Next time, just wait for me to pass and those lost 15 seconds will save you hours of lost life.”

Anthony wants all cyclists to know to carry underinsured motorist coverage on their own insurance policies and to get their insurance ducks in a row. He also recommends contacting a lawyer right away as the process can be long. “The sooner a lawyer is calling people on your behalf the quicker it will be finished.”

More Protection for Cyclists in Bike Lanes

Lawmaker Proposes Legislation - Cyclists Advocate for Protected Bike Lanes

On Monday, February 3, 2020, Senator Mike Foote will address the Senate Judiciary Committee about legislation he is sponsoring to require drivers to yield to bicyclists in bike lanes. Senate Bill 20-061 will make it possible for law enforcement to cite drivers who fail to yield to a bicyclist in a bike lane. Failure to yield would result in a class A traffic offense and would be punishable with a $70 fine. The law would take effect on July 1, 2020, if passed.

If the driver fails to yield to a bicyclist in a bike lane, and this results in a crash or in bodily injury, then this is considered careless driving and punished under the careless driving offense.

Senator Foote also sponsored SB19-175 (Serious Bodily Injury Vulnerable Road User Penalties) in March 2019 which was then signed into law by Governor Polis on May 29, 2019. That same day, Megan was seriously injured when a 19-year old driver crashed into her while she was riding in a bike lane in Arvada. (More HERE).

After handling bike cases for ten years, as well as having a personal interest as the result of her crash and her investment in bike advocacy/activism, Megan saw a need for a law to protect cyclists in bike lanes and to give law enforcement something to work with when it comes time to cite a driver who hits a cyclist riding in a bike lane: “It has always been my belief that a motorist must yield to a cyclist in a bike lane before turning into the bike lane or crossing through it,” says Megan. 

Last year, Megan reached out to Senator Mike Foote and expressed what she saw as a really big hole in the law, not just in Colorado but in most states, where we have the addition of bike lanes for cyclists to use but no laws to protect them.  

Senator Foote agreed, so he and Megan partnered to draft SB20-061. She will be at the Capitol to speak to the Senate Judiciary Committee about the need for this bill to be passed into law to protect cyclists. Alongside her will be Ali Clerkin, who was hit by a driver on May 9, 2016, while biking in the bike lane on Marion Street at E. Bayaud Avenue. It was around 8:00 am, and Ali was wearing a helmet, normal street clothes, and white athletic jacket, making her clearly visible. The street curves to intersect with Downing Street and the bike lane follows this curvature. 

Ali was following this curve of the road in the bike lane; there is also a dotted line where cars can cross over to continue straight to a smaller intersection.

It was at this point that a pick-up truck went through the dotted bike lane line to cross over to the other side and hit Ali on her left-hand side.

“I was just beginning to ride with the curve when a green truck came barreling through the bike lane to move straight through to the smaller intersection (Marion and Bayaud). The truck hit me around the front passenger side. I felt my head and left side of my body hit the car. I fell to my left and hit the ground, where I immediately felt the pain in my left arm,” explains Ali. Since she landed on her left side, most of the ‘blow’ was to that side only.

An ambulance transported Ali to the hospital where doctors told her that she would need surgery. Her shoulder was dislocated, and her upper left arm, elbow, and hand were broken:

  • Humerus fracture (in at least 2 places) - x-ray, CT scan, surgery

  • Elbow fracture - x-ray, CT scan, sling and brace for isolation

  • Wrist (carpal) fracture - x-ray, CT scan, stint for isolation.

According to the police report, the driver was not cited due to conflicting statements and no witnesses. The driver stated that he saw Ali in the bike lane but that she swerved over into the side of the truck all of a sudden. However, the driver indicated to police that he “was probably crowding the bike lane a little bit” and saw Ali in the bike lane and “probably should have moved over a bit.” 

Ali was very disappointed to learn that although she had been severely injured, the driver would not be punished. “There essentially was no accountability placed on him,” she says. “This is mostly because there was no further investigation completed by the Denver Police Department. When the police officer got to the scene, the driver already had his story fabricated that I swerved into his truck and that I only had a dislocated shoulder.” Ali firmly believes that a follow-up investigation should always be done as mental/psychological injury cannot be seen right away regardless if there is serious bodily injury or not.

When Ali followed up with the officer, he asserted that he could not undeniably prove what occurred in the crash in a court but believed the driver to be at fault and thus assigned the driver as Traffic Unit #1 in the report and cited other incriminating comments that the driver told him.

Since the driver did not have to appear in court, Ali was deprived of the chance to seek justice in a traffic case and never had a chance to see the driver punished. Ali was clearly in the right and the driver at fault. Our firm obtained the driver's full policy limits and then also made a substantial recovery from Ali’s own auto insurer as well—all indicative that the insurers accepted fault on behalf of the driver and did not apportion fault to Ali.

As a result of her injuries, Ali had to take sick time, go on short-term disability at 70 percent pay, and was not able to return at a full time capacity immediately. Her husband became her caretaker and accompanied her to all doctors’ visits and the surgery. He woke her up every four hours throughout the day and night to administer pain medication for the first two weeks, ran errands, did all the cooking and cleaning, and drove her to her appointments. He also did physical therapy with her two to three times a day. 

Beyond the physical injuries, the crash took an emotional toll on Ali. The missed work and specifically the timing inhibited her career growth; the position above her was vacated, and she was filling the role and attempting to prove herself worthy of the promotion when this crash happened. 

It has also been difficult for Ali to get back on a bike again. The first time riding her bike was on the two-year anniversary of the crash. “I truly have lost my appetite to ride because overcoming the anxiety does not outweigh the joy I once felt when riding,” she says.  She has only ridden a handful of times, more as a mental health initiative. She rode on dedicated paths without cars or on the sidewalk. (Read more HERE).

Ali is also more afraid to drive in a car. Since the car hit her from behind/in her blindspot, she is constantly afraid that she will miss seeing someone and hit a person, biker, or car. 

One of the main things that Ali learned is that simply riding in the bike lane does not provide an impermeable shield from cars to bicyclists. She believes that in order to make cycling safer, physically separated bike lanes are necessary to make it harder for cars to impede the bike lane.

Community volunteer and bike advocate Amy Kenreich agrees. She has been involved with the Mayor’s Bicycle Advisory Committee (MBAC) since 2017 and has been speaking to both residents and cyclists in support of the S. Marion Street Parkway Improvements project. The city is currently finalizing designs, and construction of a protected bike lane is planned for 2020. Although Amy heard a lot of positive feedback from part of the population, there are many people, especially residents, who oppose adding a protected bike lane. Amy says that most of the arguments against the protected bike lane stemmed from one theme: “Not In My Back Yard.” “Sometimes people are simply opposed to change,” she says.

“I had a really difficult time understanding why anyone would oppose a protected bike lane in front of an elementary school. I live four blocks away from this project. I take my kids to the playground at Steele Elementary often, and I also ride this street to reach the Cherry Creek Trail. When Alexis Bounds was struck and killed, it made me mad and terrified me. Because I have been on the MBAC and because I know about Vision Zero, I just couldn’t sit by and do nothing,” says Amy. 

Amy encourages people in Denver to follow the Bicycling in Denver page and to check out “News and Updates” for a list of upcoming public meetings.

One of the best things you can do is attend these meetings and make your voice heard.  Another way you can help is to submit feedback on the same site. DOTI (Department of Transportation and Infrastructure) really does read and tally up all comments that come in on a project. For the Marion project, the city showed a slide of all the types of feedback that came in, and it clearly showed that the #1 priority was the safety of bicyclists and pedestrians. Your voice matters, and it doesn’t take much time to make sure it’s heard,” emphasizes Amy.

Another site to watch is the Denver Bicycle Lobby. They post the Denver bike lane public meeting dates on their site and also host meet-ups and organize efforts to support bicycle advocacy in Denver. 

Please advocate for safer cycling with us on February 3rd at the State Capitol in supporting this bill. Here are the details:

State Capitol

200 E. Colfax

Denver, CO 80203 

The hearing will be on the third floor in room 352 - Senate Judiciary.  

Time: 1:30 pm.