Is it Legal for a Cyclist to Cross the Center Yellow Line to Pass a Car?

A few days ago we got this inquiry from a law enforcement friend who wanted our take on this issue:

“Hey Megan - quick ? if I may on something we were debating: If a motorist can cross a double-yellow (when safe) to pass a slower bicyclist, can a bicyclist cross a double-yellow to pass (when safe) a slower motorist? Example, Going down Lookout Mountain, and a car slows at the speedbump, and the bicyclist behind the car takes the opportunity to pass the car but crosses the double-yellow to do so.”

That’s a negative, ghost-rider.

A motorist is given the right to cross the center yellow line to overtake a cyclist in the context of the 3-foot law. C.R.S. 42-4-1005 describes limitations on overtaking on the left, and states that its mandates do NOT apply:

(d) To the driver of a vehicle passing a bicyclist moving the same direction and in the same lane when such movement can be made in safety and without interfering with, impeding, or endangering other traffic lawfully using the highway.

In other words… when read together with Colorado’s 3-foot law (C.R.S. 42-4-1003 , see more here or here), the law allows a driver to give a cyclist three feet when overtaking them to their left, which means they MAY cross the center yellow line - WHEN SAFE TO DO SO- in order to provide the cyclist a minimum of three feet.

This is not a speed issue, it is a safe-passing-buffer issue.

Compare that to a cyclist crossing a center yellow line to pass a vehicle on the left …. here, we do not have a 3-foot buffer concern…. and the rider is simply passing a motor vehicle as a result of speed, overtaking a slower-moving car, such as in the example cited above when a driver slows the vehicle down for a speed bump (or any other slowing reason, such as heavy traffic, wildlife, you name it).

In addition —the law reads that if your motor vehicle speed is such that it is impeding traffic, you are required to pull to the shoulder (or right lane) and let others pass you -C.R.S. 42-4-1103(3)(a)(b). However, we don’t see that a motor vehicle momentarily slowing down for a speed bump coming down the mountain constitutes "impeding traffic.”

As such, we conclude that cyclists are not legally permitted to overtake vehicles by crossing over the center yellow line.

It is also notable that on places like Lookout Mountain Road, Golden Gate Canyon road, or any other number of canyon or mountain roads where a cyclist can easily reach or exceed the posted speed limit, riders may be tempted to overtake vehicles doing the speed limit. This is a NO-GO. It is not only incredibly dangerous, it is illegal. At the speed limit, cyclists may take the lane and descend in the middle of the traffic lane. But if they come up on the back of a vehicle doing a slower speed, they need to wait behind the vehicle. This is safest, and it’s the legal maneuver. **Also-remember that you can be cited for speeding, and be subject to the same fines and penalties on your bike as in your car (except for driving points -you cannot be docked driving points when you’re operating a bicycle).

Please — don’t ever cross a center yellow line while you’re descending down a canyon or mountain road and don’t overtake motorists on their left by crossing the center line. Be safe. Ride in your traffic lane, at the speed limit, and arrive home safely.

Are Bike Helmets Required?

Answer: … it depends (says every lawyer, ever, about any question asked). ;)

This is a wonderful review of this topic thanks to our Content & Communications Manager, Maureen. We hope you find it helpful and that you’ll share it with any new(er) cyclists you may know!

Bike ridership across the country is up, as many people are looking for alternative ways to stay fit with many gyms and fitness centers closed due to COVID-19.  Biking has also become an acceptable social distancing activity and an alternative mode to public transportation. Many families are turning to the bike to get outdoors with their kids, as many pools are closed and playgrounds have been roped off.  People are dusting off their bikes, fixing them up, and heading outside. 

Bike shops can hardly keep up with the demand for new bikes. “Basic adult bicycles, known in the industry as ‘leisure’ bicycles, have seen double and triple-digit sales increases,” according to The NDP Group, a market research company in Port Washington, New York.  Adult leisure bike sales were up 121% in March. 

Denver has seen a significant increase in bicyclists on trails. South Platte Park reported a 93% increase in bikes on the South Platte River Trail.  It is incredible, truly a dream come true for cycling.  We are excited to see so many more bicyclists.

If you are new to biking or getting on the bike again after a long hiatus (welcome back!), it is important to know the bicycling laws in your state. Even if you are an experienced cyclist, you might need a refresher or learn about recently passed laws (SB20-061) that make biking safer.  Check out the Bicycling Manual - A Guide to Safe Bicycling from the Colorado Department of Transportation for rules of the road. You can also get more information on state and local laws for Colorado and Arizona on our website under Cycling Laws. If you live outside of Colorado, visit your motor vehicle department’s website. 

Recently, we got a question about helmet laws, specifically for children in Colorado:

“Could you tell me what the Colorado laws are for young children and bikes? In the Netherlands, they start biking with their children in trailers at six to eight weeks, but in the US the general consensus seems to be to wait until your child is a year old. I am wondering what the laws are around biking and helmets for young children.”

There is no federal law in the U.S. requiring bicycle helmets for any cyclist. Helmet laws vary by state and even local jurisdiction and are mostly limited to children, usually under the age of 18 in many states.  In 21 states and the District of Columbia, bicyclists are required to wear a helmet depending on their age. For example, in Pennsylvania, it is a state law that all cyclists under the age of 12 must wear a helmet, while in Delaware, the age requirement is 18. Twenty nine states do not have a statewide law regarding helmet use. Colorado is one of these states with one exception:

Bicycle Helmet Laws by State - www.iihs.org

Currently, the law in Colorado (C.R.S. § 42-4-1412(15)(b)) only requires bicycle helmets when a cyclist is operating a class 3 electric bike, which is defined as “an electric bike offering motor assistance only while the rider pedals, up to 28 miles per hour.” All riders or passengers on a class 3 electric bike under the age of 18 must wear a protective helmet specifically designed for bicyclists. The law goes on to say that the protective helmet must conform to the design and specifications set by the United States consumer product safety commission or the American Society for Testing and Materials and must be properly secured on the cyclist’s or passenger’s head with a chin strap while the class 3 electrical assisted bicycle is in motion.

If you are in the market for a bike helmet, consider some of the following advice from our Bike Ambassadors:

Fit and Budget -  Fit is definitely important to several of our Bike Ambassadors.  Ben says fit is greater than everything else.  “It's great to have a budget, but the $100 helmet might fit better than the $50 one, even though you were only planning on spending $50.  Vice versa. You might want the coolest, newest, $300 helmet, but the $100 one might fit you better, and that's what you should go with.  Go to a local shop, try a ton on, and pick whatever fits best.”

Marieke agrees and says a helmet that fits well is a helmet that you will wear. “I like to try my helmet on before I buy it, make sure that it doesn’t wobble too much or sits lopsided. What happens when you shake your head? It also should not be too tight because nobody wants a headache. I like a light helmet, so that I notice it as little as possible. There are many helmets out there, and everybody has a different head shape. Try something that works best for you. My experience is that the cheapest deal is not necessarily the best fit (unfortunately), but it is worth spending the extra money so that you will actually wear it.  Another note is that I always hang it on my handlebar, so that I don't forget to put it on when I go out for a ride.” 

Drew says, “Fit is most important. The helmet should be snug, and you should be able to see your skin move when you rotate the helmet - it should still be comfortable.  Make sure to try the helmet on with a cap as well if you wear one when riding.  Every company has a slightly different shape helmet, so give a few a try to find what's most comfortable for you - your local bike shop should be able to help with fitting as well!” Drew recommends splurging on a helmet because your head is the most valuable thing you take riding with you every single time. He says you can always save elsewhere. Finally, make sure you always buckle your helmet, and that the buckle is snug under your chin;  it should not be able to slip up and over your chin.

Safety standards -  Mel emphasizes to make sure your helmet meets safety standards. Many out there do not. The Consumer Product Safety Commission has guidelines.  “Fit is important, but matters not if it won’t protect you in a crash,” explains Mel.

1. MIPS - Multi-directional Impact Protection System -  Both Megan and Drew brought up this system, which is found inside the helmet, generally between the comfort padding and the EPS (a high-quality foam used to reduce energy). It is a brain protection system. Drew says, “MIPS technology (or Spin with Poc) are really cool and have been shown to have some benefit limiting rotational trauma (which can cause a lot of serious concussions) so it's worth checking out. These helmets are usually more expensive (and MIPS is licensed to a wide range of companies) and is absolutely not necessary, but is a nice feature.”

Learn more about MIPS and see some video demonstrations of this incredible technology, here: https://mipsprotection.com/

Helmet Light - Think about a helmet light if riding at night in addition to any lights on your bikes.  It will make riding more fun and make you more visible.

Helmet Replacement - Replace your helmet frequently. Drew says not to let your helmet languish in your garage for years. Technology improves and various foams break down in the elements. Also, replace your helmet after a crash, even if there are no visible signs of damage.

Consider buying the right helmet for your riding style/discipline. Helmets for mountain biking are different from helmets for road biking. If you’ll mainly be riding on roads, consider a high-visibility helmet.

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Check out this helmet fact sheet put together by the Center for Disease Control for information on what to look for and what to avoid when buying a helmet for your child or teenager.

 Cycling is on the rise and soaring in popularity. We hope it stays this way and encourage you to spend as much time on your bikes as possible. There are so many benefits:  biking helps boost mental health, keeps you active and fit, and gets you outdoors. Keep on biking!

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. 

Distracted Driving: Think Twice Before Picking Up Your Phone

Crash Turns Injured Cyclist’s Life Upside Down

Chris Farney is a cycling advocate who helps neighbors, local kids, and coworkers with bike mechanic work.  He advocates for safety and awareness of cyclists when talking to people day to day. Chris tries to educate everyone that he meets about the local laws. He attends city bicycle friendly planning meetings and participates on committees to help start a local free bike share in Saint Joseph, Missouri.  He races mountain and cyclocross for his local bike shop but enjoys MTB the most. Chris has a hand in building and planning the singletrack network.  

From 2005-2011, he was a part-time bike commuter, but started riding every day, anywhere he needed to go after starting his first job. After surviving a Colorado winter with his car never leaving the garage, he sold it to buy another bike.  Chris has been a car-free bike commuter since September of 2011. He owns eight bikes and rides seven of those regularly.

Chris’ six-year-old son is also a bike enthusiast. His fourth word was “bike” and his life has followed accordingly.  At 16 months, he was scooting around on a balance bike. Chris and his son spend most of their time together riding bikes in any weather, season, or terrain.  

Bikes are Chris’ life. Everyone knows this about him, but few understand how time off from the bike truly affected him.  

On June 7, 2017, a 19-year-old driver hit Chris with the left front end of her SUV when she was making a left turn.  Chris was on his way back to the office from a ride during his lunch hour. As he was coming down a hill, he noticed a white SUV sitting at a stop sign about three to four blocks ahead of him. 

As Chris was coming to pass the SUV on his right at the stop sign, the SUV pulled out into the intersection in front of him.  Chris was going about 30 mph. He remembers trying to swerve around the SUV and was almost out into the oncoming lane, but the car just kept coming.

He remembers thinking that if the driver would even just tap the brakes and slow down a little, he could get clear and swerve around the entire front of the car. In the moment before the driver hit Chris, the car only seemed to speed up like the driver never saw him at all. In his mind, Chris was thinking “How could they not see me? I’ve been coming down this hill, completely unobstructed view with no traffic in front of me, and I’ve seen them for at least the last 4-5 seconds!” 

As a daily cyclist, Chris is used to riding defensively and has avoided many crashes where people “didn’t see me” when he still had the right of way.  He has a bright green backpack with a Rando-style slow moving vehicle reflector on the back of it. This was not a situation where he did not expect to be seen.  

Chris is convinced that the driver was using her cell phone while waiting at the stop sign, then looked up, thought it was clear, and went.  He believes that she never saw him at all.  

What would Chris say to the driver or any other drivers about cyclists/safety? “Please understand the gravity of the situation of simply pushing your foot forward to propel a 6,000-pound-projectile of metal and glass forward, and how it could affect people around you if you aren’t being 100 percent attentive to where that 6,000-pound-projectile goes.”

The impact caused Chris to flip over the hood, landing down the street.  He flew 50 plus feet through the air. Chris was wearing a helmet, but luckily his head never hit the pavement. 

“The next thing I know I’m lying a ways down the street on my right side, and it’s like everything from my waist down hurts and is numb at the same time.  I instantly knew my cervical spine was intact, as I could move my head, and I was holding my head up off the street while lying on my side,” says Chris. At first, it was like the wind had been knocked out of him.  A witness called 911 and told him to lie still.  

Chris looked down at his legs and saw that his right foot was bent in, and he could not move it.  Initially, he could not really move anything, and it crossed his mind that his whole right leg was either broken or paralyzed.  Then, a paramedic ran Chris through tests, and he was able to slightly wiggle his toes. Paramedics put him in a neck brace and put him onto a stretcher.  

He realized that it was very painful to put any weight on both feet, but especially the right one, and it hurt a lot to put weight on his left hip/buttock.  Chris was then transported to the hospital by ambulance for multiple areas of road rash to his body, deep cuts to the top of his right foot, and a large patch of black tire marks from the car’s front tire impact. An EMT suspected that Chris had multiple broken bones and internal injuries due to the nature of the crash. 

In the ER, Chris had an ultrasound of his abdomen, then x-rays of his cervical spine, pelvis, left femur/knee, right and left foot and ankle. Chris also had a CT with contrast of his abdomen. He suffered seven broken bones between both feet (four on the right and three on the left).

His bike was totaled.

A police officer talked to Chris at the emergency room shortly after he arrived. Chris later found out that the driver was not ticketed, as she had followed all traffic regulations—she came to a full stop. The police officer told Chris that he could not give the driver a ticket just because she did not see him and went on to state that a ticket was not necessary to assign fault, as the police report clearly did that. 

No ticket. No legal consequences. No points or fines. No change in the driver’s behavior. 

Three months after the crash, Chris was finally able to get back on the bike.  “I was so thankful just to be back on the bike again, three months off it was an eternity for me, I think I actually cried a few tears of joy on the first bike ride.” It took him a few weeks of riding to get comfortable again on the bike.  He got very apprehensive when cars were at stop signs waiting for him to pass, wondering if they would remain stopped when he passed in front of them. “It certainly does mess with your head. Every time I’m cruising down a hill at 30 mph, my mind goes back to thinking about how it would feel to get launched through the air over the hood of a car again,” he says.

Chris missed out on a lot of time on his bike and could not attend bike events as a result of his injuries.  He missed approximately 60 days of riding, 60 days that he would have ridden his bike had it not been for injuries sustained in the crash.  He missed racing in an MTB race called the Meltdown, Gravel Worlds, which he had participated in the last three years, and a 100-mile MTB race in Missouri called the Ozark Trail 100 which he won last year.

He was not able to ride on a family vacation to Winter Park and had planned to do the Breck 100 MTB race in Breckenridge while he was there.  He could not participate in cyclocross season, as the doctor did not allow him to run. Chris has raced competitive cyclocross for the last six years, and this was the first year he was not able to race a season of cross.  

In addition, his injuries kept him from going on a bikepacking trip with his friends.  “Most importantly, I missed the camaraderie and social aspect of going to these events and meeting with people that I have formed friendships with over the last few years. I missed the camping and riding with my good friends,” says Chris.

The crash affected his home and work life, too.  For the 10 weeks that he was limited with his weight bearing status, his wife and co-workers had to drive him to/from work and anywhere else he needed to go.  He was unable to participate in daily parenting duties such as carrying his two-year old to bed or getting up at night to help the kids; duties that he and his wife typically share.  

While recovering, Chris missed out on a lot of fun with his kids and friends that summer. He typically rides around the neighborhood with his son in the evenings. Chris says that it was very difficult having to tell his son every evening that they could not do that or do their Saturday morning ride to the bike shop.  He was unable to swim with his kids in the pool or the lake for the first six weeks after the injury. He went to the playground down the street with his son a few times but was unable to play with him there. 

He could not go to an MLB game with his friends, because he could not walk or sit in a hot stadium as that would cause too much swelling in his foot. 

Going through all the doctors’ appointments and dealing with the extra trips and appointments caused Chris a great deal of stress, although he says it was more stressful not being able to exercise or move like he is used to. This affected his attitude, sleep, and mood. “Exercising is a big part of my life balance, and after the crash I was way out of balance,” says Chris.  

In order to make cycling safer, Chris believes that stiffer penalties for endangering or injuring bicyclists or pedestrians are needed. He would like to see the minimum driving age raised a year or two.  “Teenagers aren’t able to vote, but they can pilot a huge hunk of metal around people and cyclists/pedestrians willy nilly? Seems crazy. If kids didn’t have cars, they would bike/walk more, too. They would think about solving problems in our communities regarding transportation from a young age,” says Chris. 

According to a report by the National Highway Traffic Safety Administration, cyclist and pedestrian deaths rose in 2018 compared to 2017.  There were 51 more cyclist fatalities in 2018, which is a 6.3 percent increase.  This is the highest number since 1990. That is 859 too many cyclist fatalities. Experts say that distracted drivers and bigger vehicles could be the reasons.

Chris feels that distracted drivers are the number one issue and that we need to keep trying to fight that. Texting while driving means you are distracted.  “I see people scrolling through their newsfeed and driving all the time. That’s insane.  I don’t know how to solve the distracted driver issue.  I think that’s the biggest safety threat to cyclists that has come up big in the last 5 years.” 

For the latest on distracted driving legislation in Colorado, check out this blog post. 

Empowering Cyclists Through Education

Cyclist Takes Action for the Better and Safety of all Cyclists

If bike lanes are designed for use by cyclists to keep them safe from vehicles and other hazards, why do cyclists constantly have to deal with delivery trucks or ride-share vehicles parked in bike lanes, piles of snow shoveled into the bike lane, or trash bins blocking a cyclist’s path? Even traffic cones or construction signs are set up in bike lanes. What gives?!?

A campaign called Things in Bike Lanes, which was launched in Denver in 2018, encouraged the cycling community to take photos showing blocked bike lanes in an effort to raise awareness about safety issues and to help officials better understand, monitor, and begin to address these issues.

At one of our recent cycling law education classes, attendee Randy Limmer brought up a safety issue concerning blocked bike lanes on Lucent Boulevard in Highlands Ranch. Construction barrels and cones had been blocking the bike lane on Lucent between Town Center Drive and Plaza Road for approximately two years due to the construction of the UCHealth Highlands Ranch Hospital.

Lucent is a very heavily traveled road by motorists attempting to gain access to E-470. Randy says that the arrangement of the barrels and cones was typically quite random and caused different levels of blockage of the bike lane, which is one of the key feeders for cyclists from Highlands Ranch to the E-470 trail, Chatfield State Park, and Deer Creek Canyon.  

Randy has lived in Highlands Ranch since 2003 and commutes to work by bike and tries to complete 100 bicycle commutes annually. He also tries to put more miles on his bike every year than miles on his car.

On the Sunday after Thanksgiving in 2017, Randy was heading out for a ride and as usual traveling on Lucent Boulevard heading north to the E-470 bike trail. Being a Sunday, the motorist traffic was very low, and it was a beautiful day for a ride. As he approached the construction barrels and cones in the bike lane, Randy checked for vehicle traffic in the lane furthest to the right of three vehicle lanes noting that it was clear. He extended his left arm to let motorists know that he was moving left into the lane. As he continued in the right vehicle lane, a motorist came up behind him and honked the horn continuously. Randy looked back to see the driver who appeared to be very upset.

Based on his quick review of the situation, he decided to go right back into the bike lane and stop before the next construction barrel to let the motorist proceed. Unfortunately, based on his speed of 20-25 miles per hour (it’s downhill in this area) and the angle that he was able to accomplish around the barrels, his front tire and wheel got stuck in a very large expansion gap in the concrete road between the vehicle lane and bike lane.

His front wheel stopped, but his body kept going. Randy ended up in the right vehicle lane and the honking car swerved around his body on the ground. Fortunately, a young woman in the next vehicle stopped behind him and blocked additional vehicle traffic until he could gather his composure, stand up, and get out of the road.

He ended up in the ER and received many stitches, mostly in his left knee and others on the top of the knuckles on both hands. The front wheel of his bike was bent, and his saddle had a couple of tears.

Randy has recovered from his injuries and is back on his bike commuting to work, riding trails and recently participated in his twelfth MS150 ride with his company’s team at Johns Manville. Before the MS150, Megan spoke to the employees at Johns Manville about bike safety issues and laws.

From left to right: D. Marquez, R. Limmer and Megan

Following the class, Randy says he felt empowered. He contacted the construction superintendent at the hospital, and all the construction drums and cones were removed from the bike lane. “This is a big win for all Highlands Ranch bicyclists. Thanks for the encouragement,” says Randy.

 Randy has worked in a manufacturing environment his entire career and says this has made him quite a safety nerd. His friends and family call him ‘Safety Bob’. He loves the nickname and is very proud of the impact that he has had in both his work and personal life.

“The end result is good, but I am disappointed in myself for not acting sooner,” says Randy.  His advice is to act quickly when it comes to cyclist safety. “I waited too long to act and hundreds if not thousands of cyclists were impacted by this situation over the years.”

We say...better cycling starts with all of us. Well done, Randy!

Lumber Truck Driver Cited with Careless Driving As Result of Cyclist's Video

But -Plea Deal Results in Defective Vehicle Charge…

A missed opportunity for justice—that is how cyclist Jonathan Wirth feels about the plea deal offered to the driver of a tractor trailer who violated the three-foot rule. The initial charge of careless driving was dismissed in Lafayette Municipal Court. Instead, the prosecutor reached a plea deal with the defendant on the lesser charge of a defective vehicle, which is a two-point violation. “How was that justice?” asks Jonathan.

This is why our office advocates to district and city attorneys to stop offering plea deals. Both Boulder and Jefferson County DA Offices have shown their commitment to holding drivers accountable and have been getting positive results for cyclists. Find out more about how DAs in Boulder and Jefferson Counties are handling cycling cases.

Here’s what happened to Jonathan. On April 9, 2019, he was commuting to work in Boulder County when the truck driver buzzed him within twelve inches of his rear pannier, coming even closer to his left shoulder. The wind created by the truck pushed Jonathan to the left and right and eventually forced him off the road into the dirt. He was not injured but was fearful for his life and felt the driver completely disregarded his safety.

Jonathan is not new to cycling. It was not his first time on a bike or even riding this stretch of State Highway 7 (East Baseline Road) in Lafayette, CO. He used to race both road and mountain bikes and is currently a level 3 National Interscholastic Cycling Association mountain bike coach at the high school where he teaches. He understands the rules of the road and strategies to stay safe. Jonathan wears a neon yellow jacket while riding his bike and is very visible.

As Jonathan was going to work that day, the paved shoulder he was riding on ended. Before taking the lane, he looked over his shoulder and saw a tractor trailer approaching. With his left arm, Jonathan signaled a downward swinging arm motion indicating to the driver to move over into the empty left-turn lane. He even made eye contact with the driver. 

Jonathan thought that the truck would move over, out of the lane, to safely pass him as all others cars had done on past rides. He was wrong—the driver came dangerously close to him. Jonathan felt like he was being pulled under the truck and was blown off the paved road. After collecting himself, Jonathan followed the truck on his bike and saw it turn into a gas station.  He approached the truck while the driver was inside the station and took photos of the company logo and license plate number. He learned that the truck belonged to a wood supply transfer company located in Lafayette.

The close call was captured on Jonathan’s Cycliq6 HD tail light camera. He is very thankful that he had his camera on his bike and plans to install a front-mounted camera as well to capture traffic in front of him. Since Jonathan had video footage, he decided not to confront the driver.

Following the incident, Jonathan took action. He contacted the company and was informed that they would send the information “up the chain.” On April 10th, the next day, he went to the Lafayette Police Department and filed a police report as well.  Jonathan showed Officer C. Hayford the video footage. In the incident report, Officer Hayford noted her observation of the incident from the footage as a “large semi truck with a trailer driving at a high rate of speed past Wirth.” On April 11th, Officer Hayford spoke to the driver by phone. According to the report, the driver thought that Jonathan was signaling his intention to get into the left-turn lane by sticking his left arm straight out to the side. When it became apparent that this was not the case, the driver started pulling into the left-turn lane. He told Officer Hayford that he thought he had given Jonathan enough room but also stated that he was unable to start moving into the left turn lane until he was nearly next to Jonathan due to oncoming traffic. 

As the video shows, he clearly did not give Jonathan the required three feet when passing as mandated by Colorado law.

The law (C.R.S 42-4-1003 (1) (b)) states that motorists must give a bicyclist at least a three-foot separation between the right side of the driver’s vehicle, including all mirrors or other projections, and the left side of the bicyclist at all times when passing. 

It is important to remember that in states where there is a 3-foot law, there is likely to be a provision that allows motorists to cross a solid double yellow centerline when passing to give cyclists the minimum required distance—as long as it is safe and clear of oncoming traffic.

Actual signage in Boulder County thanks to Cyclists4Community and Boulder County Government

If there is oncoming traffic, drivers must slow down behind the cyclist and wait to pass. Do not attempt to shoot the gap between the cyclist and the oncoming car. You must give the cyclist three feet no matter what!

Following her conversation with the driver, Officer Hayford called Jonathan and informed him that the driver had a different version of what had happened. Jonathan asked for him to be cited anyhow. The driver was summoned to appear in court. 

Jonathan was willing to take a personal day from teaching to attend the court hearing and ask for his rights. As a result of the plea deal, he did not get that opportunity. 

He believes cyclists should be able to ride on all Colorado state roads. Jonathan has contacted the Colorado Department of Transportation the past four years about this section of road. They are currently in the planning stage of widening it.

If you are involved in a similar situation, we encourage you to file a report with local authorities and the Close Call Database. You can sign up for free via STRAVA. You will get notifications when other riders update the database concerning incidents in your area. The mission is also to gather information about repeat offenders in hopes that information can then be provided in comprehensive form to law enforcement.  You can also call the Colorado State Patrol Aggressive Driver hotline or your state’s equivalent. In Colorado, dial *277 (*CSP).  The hotline has been approved for use by motorists to report drunk or erratic drivers, and it has been approved for use by cyclists to report motorist aggression.

Check out our blog post for more information on crossing the centerline to pass a cyclist.

You can also get some of our 3-foot law stickers by sending a request with your address to connect@hottmanlawoffice.com.

Safer Roads Through Advocacy and Education

A collaborative blog post by Hottman Law Office and FC Bikes

We can all agree that education is key in making the roads safer for everyone. One of our missions at Hottman Law Office is to get more people on bikes through advocacy and education.

It is a mission that we share with the City of Fort Collins and FC Bikes. They are working hard to encourage bicycling as a viable and healthy means of transportation for Fort Collins' residents, employees and visitors of all ages and abilities. Jamie Gaskill, Program Specialist at FC Bikes, acknowledges the need for continuous education for all road users. One reason she gives is Colorado’s growing population which means more people riding and driving. Colorado has experienced rapid population growth throughout the past decade. The U.S. Census Bureau estimated Colorado’s population at 5.6 million in July 2017; that’s an 11.5 % increase from 2010.

Another reason Gaskill cites is the increased emphasis on Vision Zero - the goal of having zero traffic-related fatalities. Colorado’s statewide initiative, which began in 2015, is called Moving Towards Zero Deaths. Fort Collins was the first city in Colorado to adopt this initiative.

There is also an emphasis on making Colorado the best bicycling state in the nation. In September 2015, Governor Hickenlooper announced a four-year plan and slated 100 million dollars to help make Colorado the best state for biking in the nation. The objective is to make bikes more accessible and riding safer by adding bike lanes and improving driver education.

Hottman Law Office and FC Bikes are helping to make the state better for bicycling in a number of ways.

In 2016, Fort Collins launched a bike share program with 100 bikes. Since then, 23 bikes stations have been added around town, and the bike share fleet is now at 250 bikes.

FC Bikes is participating in a three-year initiative with PeopleforBikes called the Big Jump Project. The goal is to create a safe, connected, comfortable and vibrant environment for bicycling in northwest Fort Collins. FC Bikes is achieving this through infrastructure improvements such as the new Mulberry Protected bike lane pilot project that was recently installed. FC Bikes is also doing neighborhood-based outreach and engagement to bring residents what they need in order to get more people on bikes.

In addition, FC Bikes works to celebrate bicycling and encourage new ridership. Events such as Bike to Work Day and Winter Bike to Work Day are community-wide celebrations of bicycling in Fort Collins. FC Bikes organizes Open Streets events which allow community members to experience roadways with minimal motorized traffic and can encourage people to try bicycling or bicycle more often.

FC Bikes offers a great selection of educational classes, information and opportunities for both motorists and cyclists:

• Bicycle Ambassador Program – Become an ambassador of safe cycling in northern Colorado.

• Bicycling Education Classes and Presentations – Sign up for an adult or youth education class and learn about safe cycling practices.

• Rules of the Road – Learn the laws regarding safe passing, helmets, distracted driving, sidewalk riding and much more.

• Bicycle Friendly Driver Program – Get educated about the best and safest ways to share the road with people on bicycles. This 1 1/2 hour class discusses common crashes and how to avoid them, why bicyclists ‘take the lane’ and what motorists should do in response and how to navigate bicycle related infrastructure such as sharrows, bike boxes, and green lanes.

They are also partnering with Fort Collins Police Services in a program called Ride Smart Drive Smart which is designed to educate both cyclists and motorists on how to safely and lawfully share the roadways, encourage smart riding and driving behavior and enforce laws for safety. As part of this initiative, the Fort Collins Police Services staff received educational workshops from Hottman Law Office and will also attend the Bicycle Friendly Driver trainings starting in March 2019.

Megan presents to a full house of cyclists at Full Cycle Bike Shop in Boulder every June.

Hottman Law Office is committed to providing education and advocating to make the roads safer for everyone. It is why we offer classes about Colorado cycling laws to both motorists and cyclists at local bike clubs, driving schools as well as to law enforcement personnel. Most recently, we have been offering workshops to cyclists on how to handle their insurance claims in personal injury cases.

Our Bike Ambassadors and the Golden Police Dept.

This year, we partnered with the Golden Police Department and our Bike Ambassador team to put together informative safety videos on group riding, taking the lane, headphones, the right hook, and lots more. Visit the Golden Police Department’s Facebook page for more information.

Check out more of our educational videos here. The Let's Ride Safe // Let's Drive Safe video addresses ways that drivers and cyclists can ride and drive safely.

Hottman Law Office has hosted a Bike to Work Day station every year since 2012 and organizes a group ride in June to Lookout Mountain to bring together the cycling community:

Our website offers information on cycling laws, crash advice, commuting tips and how to handle aggressive drivers. Topics we have covered on our blog relevant for both motorists and cyclists include:

Megan presented her safe cycling talk to the PEDAL Racing and PEDAL bike shop team earlier this year.

• Colorado's New Stop-As-Yield Legislation

• When Cyclists Get Doored

• Understanding the Cycling 3 Foot Rule

• 3 feet - crossing the center line ok to pass a cyclist?

• The Dangers of Social Media to Your Personal Injury Case

If you have a question or topic you’d like for us to address in a blog post, send us an email to: connect@hottmanlawoffice.com.

A Close Call -The Importance of Bike Cameras

“Education and awareness are always the way to go and the results can be most rewarding for all. I hope this helps everyone become better bike ambassadors on the roads, paths and trails.”

Guest Post by Gerry Stephenson – Cyclist, Commuter, and Bike Ambassador

*Gerry uses the Cycliq front and back bike cameras.

Hi, my name is Gerry and I have been cycling since 2001. Presently, I commute to and from work about eight to nine months a year and have been doing so the last four to five years. My route varies from 10-12 miles and includes both road and bike paths. When I ride, I always try to be a safe rider and educate others when it makes sense.

While commuting home on June 29th, 2018, I was riding north on a neighborhood street approaching a T-intersection. It was late afternoon; traffic was very light. I noticed a car and a fire truck preparing to come on the road behind me. The car passed with plenty of room before the intersection and my impending right turn. However, to my surprise, the fire truck driver decided that they had enough room to pass me only to turn right in front of me with clearly not enough space. I had to brake hard to avoid being hit. It should be noted that the fire truck had no flashing lights or sirens on at the time.  

Footage captured from Gerry’s Cycliq bike camera.

I did not attempt to confront the driver or squeeze in to the right of the truck. I did swear and was very upset at this close call. Knowing that I had this entire incident recorded with my Cycliq bike cameras (front and rear mounted cameras), I chose to wait until I got home and review the video and decide what to do. Cooler heads always prevail, and my focus is always on educating others, be it drivers or cyclists, in times like these. After reviewing the video, it was very clear that the fireman was at fault for not allowing me the three-foot rule, and I felt that they did not realize the actual size of the vehicle they were driving.

I emailed the fire department and very politely explained what had happened and included the video of the close call. I never once mentioned that I wanted the driver of the fire truck reprimanded or charged. What I asked for was an apology, and that this video be used to show and teach the department to be mindful of cyclists. Later that evening or possibly the next day, I received an email from the fire department apologizing and promising to add this video footage to their department training. This incident was reported by the liaison to the fire department commander as well.

First response from the fire department’s liaison:

“Hi Gerry,

First let me send you my apologies for the incident with our department, I have notified the Lieutenant and Battalion Chief on duty the day of your incident and the Chief of Staff is aware and corrective actions will be taken.

I will make sure the Chief gets your video and we will be sure to use it as a training piece in our driver/operator program so this never happens again.”

 Second email from the liaison:

“I believe a lesson learned/corrective action is being written, then it will go to the whole Department, then I believe the Fire Chief will send it to you.”

My Email:

“Hi, I truly appreciate your timely response and apology. I try my best to be very viable and obey all the rules of the road while cycling and all I ask in return is that all drivers do the same. So that you know I have a great contact for training in the matters of cycling and traffic laws. Her name is Megan Hottman; she is a lawyer that helps educate everyone on the laws of Colorado. She has done many classes all over the state for law enforcement and the cycling community. If you are interested I can put you in contact with her. Thank you again.”

 A couple of weeks later, I received another email confirming that the fire department had in fact updated their training for the entire department and would be sharing this training with other towns.

“Here is the ‘Lessons Learned’ that was made from your incident. It has been made required training for all crews on our department and was reviewed by all the command staff.”

The following is an excerpt from ‘Lessons Learned’:

Background: In June, a fire truck was responding non-emergent to a commercial fire alarm in a neighboring district. While proceeding northbound on Main, fire truck passed a bicyclist as both were approaching a T intersection. Fire truck Engineer determined that, at the current speed, he could safely pass the bicyclist, and proceeded to do so. The pass and lane change were made into the right turn lane. Upon review of the video provided from the cyclist perspective, it appears that clearance was closer than intended.

Generic Corrective Actions:

1. A general review of the Colorado state laws regarding passing of a cyclist.

§ 42-4-1003. Overtaking a vehicle on the left

1. The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to the limitations, exceptions, and special rules stated in this section and sections 42-4-1004 to 42-4- 1008:

a. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left of the vehicle at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle

b. The driver of a motor vehicle overtaking a bicyclist proceeding in the same direction shall allow the bicyclist at least a three-foot separation between the right side of the driver's vehicle, including all mirrors or other projections, and the left side of the bicyclist at all times.

c. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of the driver's vehicle until completely passed by the overtaking vehicle.

2. Be diligent in making sure that the perspective and safety of the cyclist is given a greater regard.

·      Always be aware of the size of, and space needed for the engine to maneuver.

·      Be sure to maintain constant Situational Awareness (SA) while driving apparatus and avoid becoming complacent about driving responsibilities due to mental focus on the incident the apparatus has been dispatched to.

·      If there is any question as to the safety of a pass, yield to the cyclist, and do not pass.

Note: The name and city of the fire department in this incident have been omitted at their request as well as any public sharing of the video.

Colorado's New Stop-As-Yield Legislation

By Megan & Maureen: 

SB18-144

Bicycle Operation Approaching Intersection

Concerning the regulation of bicycles approaching intersections.

On May 3, 2018, Colorado Governor Hickenlooper signed into law SB144, or what’s commonly referred to as the Idaho stop, also known as a safety or rolling stop or “stop as yield.” In effect in Idaho since 1982, the law allows cyclists to treat a stop sign like a yield sign and a red light like a stop sign. In 2017, Delaware adopted a limited stop as yield law.

Interestingly, the new Colorado law isn’t actually a state law – it’s recommended language, which each individual city or county may now adopt at its option.

C.R.S § 42-4-1412.5 provides a statewide standard on the regulation of bicycles approaching intersections which local governments can choose to implement:  Idaho stops were already legal in Aspen, Breckenridge and Dillon, as well as Summit County, prior to the passage of this new law.

(1) At intersections with stop signs, a cyclist should slow “to a reasonable speed and yield the right-of-way to any traffic or pedestrian in or approaching the intersection.” The cyclist may then turn or go through the intersection without stopping.

A reasonable speed is considered 15 mph or less. Local governments may reduce or increase the reasonable speed but will be required to post signs at intersections stating the lower or higher speed limitations.

(2) At red traffic lights, cyclists are required to completely stop and yield to traffic and pedestrians. Once the cyclist has yielded, they may “cautiously proceed in the same direction through the intersection or make a right-hand turn. A cyclist may not go through the intersection at a red light if an oncoming vehicle is turning or preparing to turn left in front of the person.”

The law further states that a cyclist may only make a left-hand turn at a red traffic light if turning onto a one-way street. The cyclist must stop and then yield to traffic and pedestrians before turning left. NOTE: It is not legal for a cyclist to make a left-hand turn onto a two-lane road (one lane in each direction) at an intersection with a red traffic light.

This law does not give cyclists the right to blow through intersections: they still have to yield. 

Megan Hottman (@cyclist_lawyer) on Instagram: "Round 2 filming bike safety/motorist awareness #PSA videos today with the #bikeambassadors and..."

(Example see video at right: our friend Katie running a stop sign (part of a cycling video series the City of Golden is making-don't worry, this was a controlled intersection!)

At all other times, cyclists must comply with the rules set forth in CRS §42-4-1412 and 42-4-221 regarding the operation of bicycles and other human-powered vehicles.

The main argument for the Idaho stop appears to be that it increases safety for cyclists.  Senator Andy Kerr, who authored Senate Bill 18-144, is a cyclist himself. He maintains that the most dangerous time for a cyclist is when they are stopped at an intersection.  Colorado’s local bicycle advocacy group, Bicycle Colorado, was also strongly in favor of this new rule and was actively involved in its passage.

If a cyclist is not waiting at an intersection, they are less likely to be hit by a car. The faster they can get through the intersection and out of the way of motorists, the better. Additionally, when a cyclist can proceed through an intersection and get out in front of traffic, there is less chance of getting hit by a vehicle making a right-hand turn.

A study by Jason Meggs titled ‘Bicycle Safety and Choice: Compounded Public Cobenefits of the Idaho Law Relaxing Stop Requirements for Cycling’ found that a year after the Idaho stop law was implemented, cyclist injuries declined by 14.5 percent in Idaho. Meggs further stated that there is no evidence that fatalities increased as a result of the adoption of the law in Idaho.

“I'm an ‘Idaho Stopper’ who approves this change in traffic laws that favors cyclists. As a threatened road user group, cyclists need the added protection of bike-specific laws that promote safer cycling like the Idaho stop and 3-foot passing.” (Richard H.)

Another argument in favor of the law is that it legalizes what most people already do. A study by DePaul University’s Chaddick Institute for Metropolitan Development found that only about 1 in 25 cyclists come to a complete stop at stop signs. Two out of three cyclists go through red lights when there's no cross traffic. (See also- CU Study).

“The most prevalent response as to why cyclists break the rules of the road was “personal safety,” with more than 71 percent of respondents citing that as a reason. Saving energy came in second for bicyclists (56 percent) followed by saving time (50 percent). Increasing one’s visibility was the fourth-most-cited response (47 percent) for bicyclists breaking the law. The authors noted that an overwhelming majority of bicyclists break the rules, but suggested they did so in situations where little harm would come to themselves or others.”

— Aaron Johnson, a PhD student in sociology at CU Boulder : https://www.colorado.edu/asmagazine/2017/08/04/biking-bad

It has also been argued that it takes significant energy for a cyclist to start again after having to stop at stop signs/traffic signals.  The DePaul study suggests that “when cyclists sense there are no immediate safety risks, their desire to maintain forward momentum and conserve energy almost always exceeds their desire to strictly adhere to traffic laws.”

We solicited comments and feedback via our Facebook page and share below, some of the varying thoughts we received:

“I think it's a good thing for cyclists, codifying what a lot of people, frankly, were doing anyway. It doesn't absolve cyclists of a responsibility to ride safely, but just acknowledges the realities of bike riding.” (Brandon R.)

The new law could also improve the flow of traffic and reduce congestion by getting cyclists and motorists through intersections more quickly.

Another argument: traffic signs and signals were not created with cyclists in mind. Cyclists often have to wait at traffic lights until a motor vehicle triggers a sensor to change the light: 

“I approve of this, especially the red stop light law. So many times I come across stupid stop lights that won't change unless they detect a car. This will allow cyclists to proceed without fear of a ticket.” (Kerry N.)

Not everyone is in favor of the new law. Opponents argue that bicyclists should follow the same rules as motorists. They further maintain that bicyclist behavior will be even more unpredictable and dangerous:

“All users of the road have to abide by the same set of rules. Confusion will abound and accidents will occur.” (TJ R.)

Many worry that the new law should be implemented statewide and will lead to confusion for both drivers and cyclists since counties and municipalities can decide whether to adopt the law:

“The opt-in aspect is disappointing and will create significant confusion for motorists, cyclists, and law-enforcement. Imagine if Denver opts-in but Lakewood does not. So east of Sheridan you can use the Idaho stop, but west of Sheridan doing so will get you a ticket. Someone driving through Lakewood who sees a cyclist getting a ticket for rolling a stop sign will assume that behavior is not permitted anywhere. So when a cyclist does it in front of them in Denver, they're going to get angry and annoyed at the cyclist for (incorrectly) believing the cyclist is breaking the law. While I understand the need to add that piece in order to make the legislation palatable for the state legislature to pass it, the inability to have a uniform law that would improve cyclist safety is disappointing.” (Kathryn W.)

Some suggest that the law may create even more tension between motorists and cyclists:

“As a cyclist, I think it makes a lot of sense, but motorists aren't likely to see it that way. So, if widely used, I think it is going to inflame the notion that cyclists are an elite group who believe ‘the rules don't apply to them’ (because many motorists will be either unaware of the change or just dislike it). I also think you are safest on a bike on the road when you do predictable things - meaning that you act like a car. When you move in between being-like-a-car and following some pattern that drivers aren't used to, that is when people make mistakes because something happens they weren't expecting.” (Greg M.)

We ran an informal poll of Golden-area cyclists to ask them if they were in favor of this rule, or opposed to it.  While some who live out of city limits did accidentally vote, the overwhelming majority voted in favor.

Moving forward, the challenge will now be to educate motorists, cyclists and law enforcement about the new law – if, and when, cities and counties decide to adopt it.  As of now, cyclists must still stop at stop signs and red lights until this language is adopted in their jurisdictions. And of course a cyclist always has the option to remain stopped at the red light until it turns green.  

We'd love your feedback/comments- what do you think about your local city or county adopting this legislation?  If you have a strong opinion, we recommend you let your local city council members know -chances are, they are debating this very issue right now! 

Take the Pledge: April is Distracted Driving Awareness Month

By Maureen & Megan

Cyclist John Kirby was riding in the bike lane in Parker, Colorado in November 2017 when he was hit and killed by an alleged distracted driver.

(A special thanks to our friend Russell, for posing for this photo.  Don't worry, the car is not in motion!). 

According to the arrest affidavit, the driver became distracted when she “looked down to push the off button on the vehicle’s stereo,” to turn off an incoming call. That’s when she veered into the bike lane hitting Kirby.

Any activity that could divert a driver’s attention away from the primary task of driving is distracted driving. This includes the use of cell phones and electronics and eating or drinking. If, while driving, you are entering information into your navigation system, changing radio stations or typing a text message, you are distracted.

It’s negligent, unsafe and puts others at risk, especially cyclists on roadways.

Not surprisingly, distracted driving is on the rise nationwide, especially with more people using cell phones. According to The National Highway Traffic Safety Administration, 3,477 people were killed in motor vehicle crashes due to distracted driving in 2015.

The Colorado Department of Transportation reports that:

• Distracted drivers cause an average of 40 crashes every day in Colorado.
• Sixty seven deaths in 2016 involved Colorado distracted drivers.

Our office has handled numerous cases where distractions involving a cell phone were either strongly suspected or were absolutely involved in causing the collision. 

One of Megan’s most common practices is to check social media for photos the at-fault driver has taken on their phone while in the car (has anyone else noticed this bizarre trend of taking selfies of oneself sitting in the driver’s seat with the seatbelt on?).  Megan has used these photos to argue that the driver frequently used, touched, messed with, and operated a phone while in the vehicle. 

There is no question that juries punish this behavior with larger verdicts.  Interestingly though, there seems to be a trend where jurors, cyclists, society at large, “tsk-tsks” this behavior and yet, it seems so prolific that “everyone is doing it.”  Why do we shame others for the very conduct we ourselves do? 

One issue that seems to arise is the use of map apps or directions to get to a destination. 

There are two solutions to this that would remove the phone from a driver’s arm’s reach:  One, use the car’s built-in NAV system and don’t use the phone for directions.  Two, type the destination into the phone and set it to an audible turn-by-turn guidance format.  Then, stash the phone back in the backseat or trunk where you cannot reach it. 

Numerous studies and statistics show that once the phone is within eyesight of a driver or user, it is almost impossible to resist the urge to check it, touch it, use it ...  The phone is an addictive device for most users.  Therefore, to ensure you are never a distracted driver, it needs to be out of sight each time you operate your vehicle. 

Several laws in Colorado are aimed at distracted driving:

C.R.S. § 42-4-239 states:

A person under eighteen years of age shall not use a wireless telephone while operating a motor vehicle.
A person eighteen years of age or older shall not use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry while operating a motor vehicle.

Forty seven states make text messaging illegal while driving.

C.R.S. § 42-4-1411 addresses the use of earphones:

 It is against the law to operate a motor vehicle while wearing earphones that include a headset, radio, tape player, or other similar device which provides the listener with music, radio, or recorded information and which covers all or a portion of the ears.

Do these laws do enough to protect cyclists?

In January and February 2018, bills aimed at decreasing distracted driving throughout Colorado and protecting vulnerable road users did not make it out of committee or were voted down during the Colorado legislative session.

Senate Bills 18-140 and 18-049 would have made careless driving a class 1 misdemeanor and increased the penalties imposed for distracted driving.

““Keep pushing car companies to produce technology that makes steering and texting at the same time impossible.””

— Tim Blumenthal, People For Bikes

What we can do to make the roads safer for motorists, cyclists and pedestrians:

1. Take the pledge to drive free of distractions. Whether you do this online or privately, pledge to drive without texting, checking social media, changing the radio station, multi-tasking or any behavior that is going to take your eyes off the road.
2. All cyclists, while operating their motor vehicles, should be distraction-free.  If we want to set the example and make roads safer for us when we are riding, then our call to action when we are motorists is to put those phones in the backseat or truck (as many in Canada do, given the harsh penalties there for even touching one’s phone). 
3. Check out the National Safety Council pledge here or the “It Can Wait” campaign here if you want to make your pledge official.
4. Advocate for laws that will impose tougher penalties for distracted driving. Speak up for laws that will make cycling safer and provide better infrastructure for cyclists.
5. Get involved with a bike organization such as PeopleForBikes, whose aim is to make riding better for everyone. They represent all types of cyclists and work at city, state and national levels to improve bike infrastructure and provide support to bicycle advocacy groups on a local level.  Membership is free so SIGN UP! 
6. Pull off to the side of the road if you need to make a call or just turn your cell phone off while driving.
7. Be a role model. If you are a parent, put down your phone while driving when your kids are in the car. Don’t call or text your kids if they know you might be driving. Set a good example!
8. If you are interested in your state’s distracted driving laws, the Governor’s Highway Safety Association has put together a state-by-state chart here. 

Video: Let's Ride Safe // Let's Drive Safe.

Huge thanks to our friends at Golden Police Department, Oxotic, Panache, and Bionic Giant, for their help on this project! 

Enjoy ; ) 

Sensing a Shift: Bike Awareness

By Maureen

Call me a recreational cyclist. I enjoy getting out on my bike on the weekends in the summer to ride up to Georgetown, down to Chatfield or along the Cherry Creek bike path from Confluence Park to Cherry Creek Reservoir. Some days, I bike to school with my son or go out on a ride with my daughter to take in the scenery or explore new territory.

Living in Germany for eight years, I rode my bike everywhere. It was my main form of transportation, since I did not own a car. I used it to go to the grocery story, to commute to work or to ride to a beer garden to meet friends. It was good exercise and got me around the city quickly without having to take public transportation all the time.

I felt very safe as a bicyclist riding on bike trails and, even, on city streets. Drivers in Germany are definitely more aware, understanding and patient with cyclists. In part, I think that is because riding a bike is a much more common and accepted method of transportation than here in the US.

In 2014, to celebrate my dad’s 75th birthday, a group of family members rode about 255 miles from Lindau, Germany to Kufstein, Austria over the course of eight days. It was one of the most memorable trips I have ever been on. Being outside every day, riding through incredible scenery with my family and using my legs and strength to get from one place to the next was very gratifying. I really started enjoying cycling!

I have never given too much thought to bicycle safety other than making sure my kids and I always wear a helmet. I taught them to be aware of their surroundings, especially cars, when they are out riding. When I ride up to Georgetown, I am in the bike lane on the frontage road and feel safe for the most part.

As a driver, I am aware of cyclists and give them plenty of room when passing. I look over my shoulder when I make a turn so that I don’t cut them off.

Over the last few months, there has been a noticeable change to my “bicycling mentality” since I started working for The Cyclist Lawyer. I have transitioned from being largely unaware of issues bicyclists deal with, to becoming far more informed and sensitive to a bicyclist’s rights and obligations. Every day, I am learning what I can do to ride (and drive!) safely, skillfully and legally and how I can advocate for the cycling community.

That might mean putting a bumper sticker on my car to educate drivers about giving a bicyclist at least three feet of clearance when passing. It might mean talking to family members and friends about the rules of the road. It could even mean standing up for cyclists when angry drivers leave nasty comments on social media about a story of an injured cyclist. Yes, I felt compelled to respond to the haters online, and point out that it was a human being injured by a hit-and-run driver and to get upset with the driver who left a cyclist on the side of the road.

Why does it matter to me? Why have I become an advocate?

It might just save a life!

It might teach my kids not be distracted drivers.

It might help change the impression drivers have of cyclists.

It might make cycling safer for everyone…even a recreational cyclist like me.

There are just so many reasons. What are yours?