This Was Not an “Accident” - It Was a Crime

Hit-and-Run Driver Gets Maximum Sentence

Chuck Vogel was a well-respected leader and volunteer in his community. He was always looking out for others and working to make a difference. Chuck helped raise money to fight breast cancer, was a rotary member, and a mentor to many. He volunteered with the Parker Task Force, his local food bank, and served as President of his Metro District Board.  “That’s who he was,” said his wife, Teri Vogel. “He did not do any of these things to receive accolades, to be in the limelight, or for recognition.  It was the satisfaction of knowing he had somehow made a difference.” 

He had been retired for six years, and was relishing the additional time he had for biking, golfing, hiking, and spending time with family and friends. Teri had retired more recently and was looking forward to joining Chuck more frequently in these pursuits.

Chuck had a huge passion for life and his family.  He was Teri’s best friend and the love of her life. In addition, Chuck was going to be a grandfather for the first time, as his son, Bryan, and daughter-in-law, Lisa, were expecting their first child. Baby Charlie was due in just two short months.  

On July 4, 2019, Chuck headed out on a ride just as he did several times each week.  Teri believes that Chuck made a conscious decision that day to ride his bike on a holiday and early in the morning in unincorporated Douglas County. There would be fewer drivers rushing to work, less traffic, and not as many distracted drivers on the road. Chuck was two minutes into his bike ride, riding on Pine Drive near Parker Core Knowledge when a driver in a Kia Spectra hit Chuck from behind at 6:25 a.m. The driver fled the scene and Chuck was left to be found by a Good Samaritan who thought there was trash on the side of the road. This is something that Teri lives with every day. 

Teri was still asleep when she got a call from the Emergency Room at Parker Adventist Hospital asking her if Chuck was on a bike ride that morning and notifying her that Chuck was in the emergency room.  When she arrived at the hospital, he was being brought back from a CT scan and was already on life support. As an experienced ER nurse, Teri knew that the situation was dire when she met with doctors. Teri had to make the difficult call to her son, Bryan, who was living in Utah. Teri stated that Chuck and Bryan had a relationship like none other. They spoke to each other multiple times a week and both shared a love of bicycling. Bryan and Lisa, who was 32 weeks pregnant, drove to Colorado knowing that they were coming to say goodbye to Chuck.  

Chuck passed away the next day on July 5, 2019 as a result of his injuries. 

Police found the Kia in Parker on July 5, 2019, abandoned in the parking lot of nearby townhomes.  After a tireless investigation that involved multiple arms of the Douglas County Sheriff's Office, Preston Dorris was identified as a lead suspect.

Dorris had come to Colorado to buy drugs and was no stranger to law enforcement. He had led a life of crime in his 36 years and, at the time of the crash, had been convicted of 22 misdemeanors since 2003. His crimes included third-degree assault, theft, and two felonies including forgery and unauthorized use of a financial device.  He was found and arrested outside Alliance, Nebraska, on July 13 and was transported back to Colorado on July 16th. At the time of his arrest, Dorris was making plans to leave the country.   

Collaborative efforts between law enforcement in both Colorado and Nebraska, and the Douglas County District Attorney’s Office had a major impact on the outcome of this case. Thanks to their tremendous efforts, justice was served. “From the very moment they got the call and came to the hospital, the Douglas County Sheriff’s Office was committed,” said Teri. This case was not only about bringing the driver to justice, it was about finding justice for a husband, father, friend and valued community member.

The Deputy Patrol Officer, who responded to the original 911 call and was on the scene the morning of July 4th, told Teri that he would not rest until he found the driver.  Crime Stoppers offered a reward for anyone with information about the case. Additional manpower was brought in to help with the case, as it was considered a major crime. “This was not an accident. It was a crime,” says Teri. “He had a blatant disregard for life. Dorris made a conscious choice that day, and continued to make the same choice day after day after day after day until he was found and arrested.” Teri expressed that everyone involved in law enforcement from the officers to the victim advocates did an exemplary job. “They were dedicated, committed, professional, and very responsive.” Throughout the investigation, Douglas County Sheriff Tony Spurlock, along with other detectives, personally visited Teri to give her and her family status updates.

Bryan contacted Hottman Law Office on the recommendation of a fellow cyclist who had met Megan in Albuquerque at a bike race. Our office took the case and worked quickly and diligently to support the Vogel family in the criminal case and to represent their interests in the civil matter. HLO staff stayed in the office late working with Teri in Colorado and Lisa in Utah via phone signing and sending documents back and forth on July 16, 2019, the day Dorris was transported back to Colorado. The next day, Megan met Teri in Douglas County at 8:30 a.m. to support her during the bail hearing. “The expertise, support, guidance, and counsel for maneuvering this process started then and continues to this day. It has been more than we ever could have anticipated,” said Teri.

Dorris pled guilty on February 25 to three charges. They included: 

1.    Leaving the scene of an accident involving death, a Class 3 felony

2.    Vehicular Homicide – Reckless driving A Class 4 felony

3.    Careless Driving – Vulnerable Road User, Serious Bodily Injury.

The sentencing hearing for Dorris took place on August 28, 2020 in Douglas County District Court. Due to COVID-19 restrictions, the total number of people in the courtroom was limited, however, Teri, Bryan, Lisa, and baby Charlie were in attendance. In addition, numerous friends, community members, and mentees testified both in person and virtually to show how Chuck’s death had impacted their lives. At one point, over 100 people were present online to watch the hearing. Teri believes that the turnout made an impression on Judge Theresa Slade.

Chief Deputy District Attorney John Kellner asked for the maximum sentence of 18 years stating that Dorris never braked, slowed down, swerved, or turned back. He went on to say that Dorris was not speeding and could see 310 feet ahead.  “He stole the life from Chuck Vogel and deprived Mr. Vogel’s family and his community of many years of his contributions,” said Kellner.

“So much was taken from our family. We get no second chances.  The driver needed to be made accountable,” said Teri.

Judge Slade sentenced Dorris to the maximum of 18 years.  Surprisingly, this was the first time in Colorado history that a driver received the maximum sentence for hitting and killing a cyclist.

“The prison sentence of 18 years is the maximum sentence allowed by law for his offenses, so this was the best possible ruling,” wrote Teri in an email sent out after the sentencing hearing. “We are very fortunate to have had DAs that prosecuted for the highest sentence term and a Judge who actually sentenced him to the maximum term. Sadly, this has not been the case here in Colorado when it comes to hit and runs and cyclist injuries caused by motorists.  It is great that the Judge saw this for the crime it was, not an accident.  This sends a huge message and hopefully it not only sets a standard in the legal community, but lets motorists know that crimes against vulnerable road users will be taken seriously. If a motorist leaves the scene, they will be prosecuted fully for the crime.”

As part of his conviction, Dorris will be required to serve three years of parole after serving his sentence.  Typically, he would be eligible for parole when he has served half his sentence, but that is highly unlikely according to the Judge considering his extensive criminal history. 

“This sentence sends a message to everyone who drives — Motorists watching the news may see this (story) in passing and may hear that this gentleman just received the maximum...and that’s impactful. No one wants to do 18 years in the DOC... ”

— Megan Hottman

The Vogel family feels that there has been some resolution in knowing that the best possible outcome was achieved for the worst circumstances. 

Since Chuck’s death, Teri has been a champion of making cycling safer and increasing motorist awareness. “There has to be a greater good that comes from this. We have to move beyond this tragedy,” she said. At her husband’s ghost bike dedication in August of 2019, Teri reminded drivers that they need to look out for cyclists and pedestrians, and to stop driving distracted. Teri is determined to send a message to motorists that they will be held accountable and responsible for injuring or killing cyclists. She wants to see Colorado laws changed and has been a strong voice for those changes to take place. 

This year, Teri testified in favor of SB-061, the bike lane bill, in front of both the Colorado Senate and House Judiciary Committees. She has been advocating for “Share The Road” and “3-Foot Law” signs to be placed in Douglas County. Teri emphasized that she and her family will work with any organization to get the word out that changes have to take place to make cycling safer and increase motorist awareness.

Bicycle Colorado has set up a fund in Chuck’s memory. Funds will go towards making Colorado a safer place to ride. Bicycle Colorado works to improve road infrastructure, educating both cyclists and motorists and working on legislation to make cycling safer for all Colorado residents.

For media coverage about this case, please visit the following links: 

Cyclist's family reflects after driver who killed him got maximum sentence

Man charged in hit-and-run that killed cyclist

Judge Sentences Man Who Killed Cyclist Chuck Vogel In Hit & Run To Maximum 18 Years 

Driver in hit-and-run crash that killed Parker cyclist sentenced to 18 years

Man sentenced to 18-year prison term for striking, killing Parker cyclist, then fleeing

‘Stop & Think’: Ghost Bike Dedicated For Parker Man Killed

Arrest made in hit-and-run death of Edward 'Chuck' Vogel

Cyclist Shares Valuable Insight Following Collision

“Bikes for me bring unfettered joy and energy to my life. Over the last three months during my surgery and radiation treatment, if I can even only get out for 30 minutes I find myself renewed and optimistic. If I was a doctor I would write you a script to get out and ride every day.” — Jay

It has been more than two years since Jay Middleton was seriously injured in a collision while riding his bike in Morrison, CO, but he is still recovering from his injuries. Jay is dealing with chronic knee pain and recently received a three-week course of injections to treat the pain. Cyclists who have been injured in collisions often deal with the after effects of their injuries long after their case is settled, the driver is sentenced, or their medical treatment ends. If Jay wants to continue to lead a healthy, active, outdoor lifestyle, he will probably have to get injections the rest of his life.

Riding bikes has been a huge part of Jay’s life and identity for the last 25 years. He has raced on the road, mountain bikes, and cyclocross. He is an avid bikepacker, bike commuter, mountain biker, and has recently been using his bike to raise money for cancer and COVID research. This year, Jay was diagnosed with neck and oral cancer and continued to ride his bike throughout radiation treatment.

On July 13, 2018, Jay was traveling eastbound through downtown Morrison on his road bike. It was late morning, around 10:00 am, sunny, and there were blue skies. Jay was running both front and rear flashing lights on his bike and wearing a fluorescent yellow helmet. Nervous about riding too far to the right, Jay had taken the lane, as dooring is a risk by drivers who are parallel parked along that section of road. He was traveling at the same rate of traffic which was 20-25 mph.

A driver in a Honda CRV facing eastbound was leaving a parallel parking spot and made an illegal U-turn out of the parking spot. The driver’s U-turn cut Jay off causing him to collide with the front left side of the vehicle. Jay and his bike were catapulted over the hood of the car and into oncoming traffic in the left lane. 

Fortunately, the driver coming in the opposite direction was attentive and traveling at a safe speed. She was able to stop and avoided hitting Jay. She then called 911.

Paramedics tended to Jay at the scene. He had lacerations on his knees, hands, and elbows as well as bruising. An MRI later revealed that Jay had a torn meniscus in his right knee. He underwent several months of physical therapy for his knee before he and his orthopedist decided that surgery would be the best way to correct the damage. 

The Colorado State Patrol cited the driver, who admitted fault at the scene, with Failing to Yield Right-of-Way When Turning Left in Front of Approaching Traffic. Since this crash happened before May 29, 2019, it was not yet possible for law enforcement to cite the driver with Colorado Revised Statute 42-4-1402.5, which makes careless driving causing serious bodily injury to a vulnerable road user a class 1 traffic misdemeanor. Since the passing of the law in early 2019, we are slowly seeing law enforcement cite drivers with this traffic violation more often and district attorney offices elevating charges against drivers.  Find out here how to get a serious bodily injury charge filed. 

Jay does not feel that the outcome of the criminal case against the driver was just and fair. The driver had numerous traffic violations and got away with a slap on the wrist.  “Cars can be lethal weapons and using one comes with great responsibility.  When misused by drivers, they should be treated and punished as such,” says Jay.

Here’s what Jay wants every cyclist to know if involved in a crash. He actually made the list shortly after his collision of things he wish he had known:

1. If possible get out of the flow of traffic. Nothing worse than getting hit by a car and then getting run over by one.

2. Call the police.

3. Take lots of photos (your bike, the car that hit you, license plate of the car that hit you).

4. Do not admit fault.

5. Get a copy of the police report, the driver’s insurance information, and the name and phone numbers of any witnesses.

6. Get in touch with a lawyer to discuss your case. I live in the Denver area and reached out to Megan Hottman, aka The Cyclist Lawyer. Before COVID, she provided free monthly seminars for cyclists involved in collisions. Before she became my lawyer, that seminar alone armed me with information that allowed me to rightfully collect full value for my damaged property as well as alert me to several other rights I did not know I had.

7. When claiming property damage, do not forget to include sales tax. That alone netted me several hundred extra dollars because I was on a pretty pricey bike.

8. Seek medical treatment and document your injuries as well as all costs (e.g. medical, travel to and from the doctor, time taken off of work, etc.).

9. Just because you feel better, does not mean you are. I did several months of physical therapy and thought I was good to go. Snowboard season, increased miles on the bike and excessive kneeling at work revealed that my right knee wasn’t healed. So the lesson is, do not sign anything from the auto insurance company until you are 100% sure you are done with your medical treatment. You have three years to settle your case, and this is where a lawyer may prove to be very helpful.

10. Do not post anything about your wreck, your recovery, or anything that deals with your wreck on social media. Ask your friends and family to do the same. Social media content can be used in court. This means if you post something you cannot take it down, because that is just like destroying evidence.

11. Report it to your auto insurance. You often can get reimbursed for some of your medical costs from your own auto insurance even if you are not at fault.

Jay was surprised how hard the driver’s insurance company was willing to work to avoid paying out damages for medical and pain and suffering. At the end of the day, they refused to negotiate in what he felt was a reasonable manner, even though the driver admitted fault. In the end, they paid out more than double what he had asked for on his own. “Megan was able to negotiate a much higher settlement. I think the insurance company was counting on me backing down,” explains Jay.

He was back riding after just a couple of days but with great trepidation. Every car that passed too fast or too close caused anxiety and anger to flare up.  Since the collision, Jay has invested in more brightly colored cycle clothing.  He still runs front and rear flashing lights on his bike. Jay actively participates in People for Bikes email writing campaigns and is a long-time member of the International Mountain Bicycling Association.

We hope that you are never injured in a crash or need to contact an attorney, but feel it is important to share the lessons that our clients have learned following their crash and during recovery. Hopefully, recent laws that provide more protection to vulnerable road users and stiffer penalties will cause motorists to drive more carefully around cyclists! 

-Written by Maureen

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.

---

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!

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!

The inconvenience of cycling

Slow down, indeed.

This morning, I rolled out of my house around 7:10am to make it to my chiropractor appointment at 7:30am.  Of all the steeds in my stable, I chose the E-Bike to get there, and wore “normal” clothes, (as in, regular pants and jacket, not a cycling kit).  I had a bright red jacket on, my bike is bright red, and this time of year it’s full-on daylight at this time of the morning. 

I chose (fairly) lightly-traveled, low-speed limit roads plus a large portion of bike path to get from home to my destination.  It was, however, still rush-hour.  (Insert typical cyclist rant about a motorist buzzing or side-swiping…)

Today is day 4 of my #carfreeweek … I committed to riding and not driving this week, Tuesday through Sunday. (Monday was raining so I went for 6/7).  This means my car is locked in the garage for 6 days, no matter what. Between weather and schedule, this week presented the perfect opportunity to ditch the car keys for a week.

Keep in mind, I own a perfectly lovely vehicle.  I absolutely love my Toyota 4runner.  LOVE IT.  I can throw the bikes, dogs and anything else in the back, it drives through any kind of snow or conditions, I feel safe it in, it has a wonderful sound system and sunroof.  She’s black and looks totally badass when she’s all cleaned up.  (She’s nicknamed Black Mamba (you Kill Bill fans will get it)).  I like my car a lot. 

So …it occurred to me this morning, after several large trucks and SUVs (all carrying just one person, the driver, by the way) buzzed me closely, giving me far less than three feet, (and one hothead Cadillac-guy took a curve super hot, nearly side-swiping me), that it’s ironic how motorists view me on my E-bike doing 20mph, as inconvenient.  That I should have the audacity to force them to slow their roll for a moment, to pause behind me when there is an oncoming car, and to give me the three-feet I am allowed by law… that these gestures (also known as safe and courteous driving techniques) would be so inconvenient to passing motorists that they choose instead to risk my health and bodily safety so that they can maintain their over-the-posted-speed-limit-speed … is ironic. 

Because- I am the one inconvenienced.  I left my wonderful 4runner home in the garage – the vehicle that would have carried me most safely, and most expeditiously, to my destinations today. The 4Runner would have provided me heated seats this morning, A/C later today, and commercial-free bass-bumping beats via satellite radio.  The 4runner would’ve ensured my hair was unfussed (unmussed? whatever you know what I mean) and I was sweat-free when I got to where I was going.  Make-up perfect, clothing unwrinkled.  I mean, clearly, the car is THE convenient way for me to transport myself. 

And yet.  I chose to sweat, rock helmet-hair, take longer to get where I was going, be cold this morning and hot later today, tunes-free with chilly air blowing in my ears.  I am the one inconvenienced by my decision to ride instead of drive. 

In so choosing, I made a few other choices, too:

I decided to reward my body and brain with restorative movement – to get my blood pumping, to burn some calories, to absorb some Vitamin D and move my body.  That means I am decreasing the odds I will be a burden to our health care system; the chances are lower that I’ll need pills to sleep, pills to wake up, pills to feel happier, pills to lose weight, or expensive hospital stays to combat the ill effects of being overweight, under-exercised, and to cope with deteriorating health.  My ride means I am investing in my health in a way that does not contribute to our burdened healthcare providers, hospitals, and insurers.   

“Countries around the world are only starting to tabulate health care savings due to bicycling. Denmark, which plans to expand its bicycle highway network after such a project in Copenhagen’s suburbs was judged a success, estimates the country saves €40 million annually ($53.3 million) on health care costs. That is ... an impressive sum in a nation of 5.6 million people. ”

— https://www.triplepundit.com/story/2013/how-bicycling-cuts-health-care-costs-businesses/59121

I decided not to impose any wear and tear on our roadways.  A human on her bicycle inflicts approximately ZERO negative influence on our roadways.  Whereas, my 4runner and any other vehicle beats up our streets and leads to them, over time, needing expensive repairs and upgrades- today, I did not beat up on any concrete or asphalt.  The streets did not suffer as a result of my need to transport myself. 

“It would take 700 trips by bicycle to equal the damage caused by one Smart Car.”

— https://streets.mn/2016/07/07/chart-of-the-day-vehicle-weight-vs-road-damage-levels/

I decided to exhale Co2 – aka, produce substantially less CO2 than driving:

“Traveling 2 miles (3.2 kilometers):
By car: 0.88 kg CO2
Walking: 0.039 kg CO2
Riding a bike: 0.017 kg CO2
Walking or riding a bicycle does reduce the production of CO2 relative to driving.”

— https://www.globe.gov/explore-science/scientists-blog/archived-posts/sciblog/index.html_p=186.html

I decided to burn fat and not fuel.  Stating the obvious here. (And, yes, it’s an E-bike, so it was charged, which does use electricity, so alright there’s that). 

I decided to spend $0 – I didn’t have to pay for fuel, or a car wash, or vehicle maintenance to ride my bike today.  I simply rode. For free.  On a bicycle that does not depreciate or require of me the upkeep that my vehicle does.  (Wanna be a millionaire? Check this out).

I chose happiness over convenience.  Even with the close calls, riding my bike still makes me –and leaves me –happier than when I drive.  Road rage inside a vehicle is a thing.  I don’t experience that on my bike.  (Perhaps I should, since I am far more vulnerable and I experience far more close calls which would really have serious implications for me than close calls in my car).  But –as it stands, the bike makes me happy. 

I see something cool every single time I ride.  Birds.  Grass.  Flowers.  Dogs with their heads hanging out the back window of the car they are riding in. A motorist with their window down, waving at me. A horse, donkey, you name it. 

“This state of hyper-stress has contributed immensely to the staggering growth of serious health issues we face today. Many turn to medications for stress and anxiety and mindlessly consume large amounts of caffeine, sugar and refined junk just to get through another day.

Mindfully taking the opposite approach, slowing down when we can, becoming unhurried can benefit and enhance our lives physically, spiritually and mentally. And we just might accomplish more.”

— https://www.mindbodygreen.com/0-11668/why-you-need-to-slow-down-for-better-health.html

So, motorists perceive me on my bike as an inconvenience.  But instead, I did drivers a favor today; I didn’t contribute to traffic mayhem.  That massive I-70 closure this morning that forced traffic into alternate routes?  Yeah … I wasn’t a participant in that.  I actually removed a car from the traffic jam.  I got sweaty and my hair was messed up.  I showed up to work engaged, awake, alert, friendly, happy, and motivated.  I burned calories, I thought about things (this article, for one), I processed some stress. 

My ride made me a better human, a better member of your community, and a better employer/lawyer/friend/daughter/dog-momma.  I asked a runner to take my photo and I got to talk to a stranger for a minute.  Not bad, inconvenient bicycle, not bad.

I chose inconvenience today (and every day) when I pick my bike over my car.  I don’t expect thanks or appreciation from motorists, but I do demand and deserve respect as an equal road user.  Instead of seeing cyclists as inconveniences, motorists, I’d appreciate it if you kept these things in mind next time you see me on the roadway. 

Want to Change Your Commuting Habits? How about an E-Bike?

A Change of Heart

GUEST BLOG BY HUDSON LINDENBERGER

Hudson Lindenberger is an award-winning writer and editor based in Boulder, Colorado. He believes that life is full of interesting stories, and his goal is to tell as many of them as possible. As a full-time freelance writer, he is always searching out and following interesting paths while maintaining a smile on his face. Hudson is the father of two adult daughters, an active outdoorsman, and an avid traveller. You can learn more by visiting http://hudsonlindenberger.com.

“You bought an electric bike?” My buddy cried out incredulously. “What’s next? You going to start wearing a beret and smoking cigarettes?” He sat back snickering over his beer looking dubiously at me. I can’t say that I blamed his attitude, just a little while ago I was him, I was the guy mocking people on electric assist bikes.

When I moved to Colorado two decades ago, I was like most new residents, the chance to get outside and into adventures was intoxicating. I first moved to Nederland—that funky, flaky town perched above Boulder. During my three years there, my closet swelled with day packs and hiking shoes as I explored the Front Range. Upon moving into Arvada, I found myself going on bigger trips. The tops of high peaks called, and overnight trips beckoned. Very quickly, I had a full array of camping gear. Like most Coloradans, my gear addiction had started.

My move into Boulder a decade ago really allowed me to dive deep into the outdoors. I started climbing, skiing, and trail running whenever possible, but my true passion became cycling. I became a spandex wearer and started to shave my legs. My garage became cluttered with bikes of all sizes for my family. There were cruiser bikes, mountain bikes, cyclocross bikes, and road bikes. Whenever possible, my wife and I would jump on our road bikes and roam the hillsides and flats surrounding my town.

I had become an avid cyclist, and I loved it. The effort of climbing hills and blasting down their backsides was wonderful. I could easily spend a few hours out with friends working up a sweat and having fun. But when I saw people zipping by on electric bikes, I would turn my nose up at them. “Fake riders, cheaters, earn your miles,” were just a few of the phrases that came out of my mouth.

When the chance for my wife and I to relocate to France popped up three years ago, we decided to go for it. It had been a dream of ours to live abroad, and we figured Lyon, France sounded like a great spot to try it. Pretty soon we boarded a plane with two large bags each, two road bikes in travelling cases, a dog, and a cat. There was no way we were going to the land of Le Tour without bringing our bikes.

Within days of our arriving, we were out exploring our new home on our road bikes. Living in the hilltop village of St Cyr au Mont D’Or just outside of Lyon proper, we had plenty of places to explore. The French cyclists embraced the crazy Americans and the drivers were courteous—not like here in the States. While we got used to the more relaxed lifestyle in France, we also started to notice that there were a lot of electric bikes around. The mailmen rode them to deliver the mail, old ladies rode them into town, commuters used them to get into and out of the city, and large groups of older men ripped through the trails on them.

Gradually, my attitude started to soften. My interest was piqued. When we took a trip to Copenhagen in the summer, my wife and I decided to rent ones while we were there. They actually have an electric bike share program throughout the city. It only took one day of exploring the city for me to be hooked, it was a blast. I remember thinking what was my problem with electric bikes? All around me I saw people commuting throughout the busy metropolis on bikes of all shapes and sizes, both electric and not. Instead of streets packed bumper to bumper with stinky smelly cars, there were bikes zipping up bike lanes, down alleyways, and on streets.

When we left to head back home, I decided that I wanted to get an electric bike when we got back to Boulder. Sure, I had a good cruiser bike waiting here, but truth be told, I rarely rode it. In the summer it made me a sweaty mess, and in the winter I did not want to deal with the hassle of it. Instead, I did most of my commuting in town in my car. I had good intentions of riding it more, but just could not find the motivation to do it.

… Instead, I was another car clogging up the streets of Boulder.

As most residents of our state know a lot of people are moving here. In fact, only four states have had a higher percentage of growth since 2010. There are currently 5.7 million people living inside our borders with roughly another 75,000 arriving each year. It is phenomenal growth and one that is taxing our infrastructure. Roads are getting more crowded and are falling apart quicker. I used to be able to drive across Boulder at rush hour in 10-15 minutes when I moved here, now I am lucky to make it in 30 minutes. More cars lead to higher pollution levels, angrier people, and more accidents. Regardless of what our elected officials do, the reality is the system is slowly getting swamped.

But imagine if we could get more people riding bikes. Instead of adding to the congestion of heading to work, the gym, or grocery in their car, they hop on their bike. The latest statistics show that biking is growing. Last year, 47.5 million Americans said they rode a bike at least once a month, that is 12.4% of our population. Of those riders, almost 25% of them are adults between the ages of 30-49.

One way to encourage more people to bike is to improve the infrastructure and incentivize people to ride more. Electric bikes are perfectly poised to draw more people out of their cars and onto a bike. Look at China for example. In 2000, there were 300,000 electric bikes sold, by 2016 that number was up to 33 million a year. Across Asia, electric bike sales are soaring, and they are starting to quickly infiltrate Western Europe, the number two market for them. In America, they are just starting to appear in cities and towns, especially areas with high densities of young working adults looking for a way to break free of their cars.

Within days of buying my electric bike, I quickly changed my habits. I started jumping on it for any errands in town. Meeting people for a cup of coffee was a breeze and shopping for groceries became simple once I added on pannier bags. Best of all, whenever I arrived anywhere, I was not a sweaty mess that had to sit down and cool off before meeting anyone. My wife (she bought one too) would go out to dinner on them. If I wanted to have one more glass of wine, I might have it since I was not crawling behind the wheel of a car.

When winter arrived, I would just toss on my windproof jacket and gloves and head out, provided the roads were clear of snow. I actually found myself monitoring the weather forecast to know if I could leave the car parked. My weight dropped, I felt great, and best of all, I could zip to anywhere in town often faster than I ever would have in a car. After six months, my bike’s odometer showed that I had logged almost 500 miles and close to 36 hours of ride time. That’s all entirely inside the city, time I would have been in my car. Plus, I still get out on my road and mountain bikes when the weather cooperates.

So, it’s safe to say that my attitude about electric bikes has changed. I have become an advocate of them. They could be one of the solutions to the problems that our state, country, and planet are dealing with. Transportation overcrowding and the subsequent issues that that causes. Electric bikes won’t solve everything, but they could help.

An additional note from Megan:

Last December I too joined the #ebike revolution and invested in a Stromer from my local bike shop (C3 Bike Shop in Golden). I LOVE riding this bike -I can run legitimate errands averaging over 15mph and not be exhausted or fatigued for my cycling training/intervals. I can ride in nice dress clothes and not break a sweat, arriving at my destination “put-together” instead of a hot sweaty mess.

In addition the extra “oomph” will make it possible for me to hook up my doggie-specific Burley (once the snow melts) and tow my 55# dog, Phoenix, in the back, while my other dog Ramsey runs alongside (or rides with her sister). This combined weight would not be feasible for me on a regular bike, but with an E-bike, #allthingsarepossible.

Comment below if you’ve got an ebike, tell us which one you got, and what you love about it!

The Cycling Community Can Move Mountains!

A Positive Blog Post - By Maureen 

The Cycling Community Can Move Mountains!

Bike advocacy is everyone’s job, and sometimes it takes a village to move a mountain. Our incredible cycling community came together to support a fellow cyclist involved in a close call with a driver. The community pushed for change to make the roads safer for everyone and got results!

Here’s what happened.

What was supposed to be a fun group training ride turned into a frightening experience that left cyclists demanding action.

Helen Gardner, Manager of Big Ring Cycles, was training for a charity ride in Golden, CO this past July when a vehicle came within inches of the group of cyclists, which included a child on a tandem bike with her father and a disabled man in a trailer being pulled by Helen.

The group was riding single file on a two-lane road with Helen second in line. There was an oncoming car approaching in the opposite lane. Helen heard some of the cyclists behind her calling out to a driver who had just passed them.

As Helen passed through an intersection, she looked over to her left and saw a vehicle directly next to her, a vehicle being driven by a student driver. It was just about four inches from her. The vehicle was so close that Helen could have reached into the window and easily touched the driving instructor in the passenger seat.

The teenage driver looked terrified and was white knuckling the steering wheel.

Helen raised her hand to the instructor, pointed behind her at the trailer and said “This is not how this works!” At that point, the driving instructor started banging on the window and yelling at Helen.

“I was speechless. I couldn’t believe that just happened,” said Helen. “Was that really a driver’s ed teacher who yelled at me through his window with somebody else’s child in the car?”

As soon as the oncoming car in the opposite lane drove by, the student driver sped up and pulled away.

One of the cyclists in Helen’s group followed the car to get the vehicle information and take a picture of the license plate. Luckily, no one was injured, just a little shaken.

What should the driver have done? Waited…waited behind the cyclists until the oncoming car had passed. Then, the driver could have passed the cyclists safely giving them the required three-foot separation according to Colorado law. See C.R.S. 42-4-1003 (1) (b) for more information.

If a driver drives his or her vehicle unnecessarily close to, toward, or near a bicyclist, he/she is committing careless driving, which is a class 2 misdemeanor traffic offense.

The day after the incident, some of the cyclists on the ride posted about the incident on social media and contacted the driving school. When Helen contacted our office to discuss her options, our advice was to call the Jeffco Sheriff’s Department to report the incident.

Helen did just that and was told that if she filed a complaint, the driver would be issued a ticket. Helen felt bad for the student driver and didn’t feel it was his fault.

The sheriff’s department told her that another course of action would be to use social media to voice her concern, so she posted an account of what had happened on Facebook. Helen wanted to address the incident and make sure that it wouldn’t happen again. It didn’t sit well with her knowing that students were being taught that it’s OK to buzz by a group of cyclists.

“My next concern became this guy who is out in public teaching future drivers, teaching young people to drive. He clearly does not know the laws. He clearly doesn’t know the rules of the road, especially when it comes to keeping cyclists and his drivers safe,” Helen said.

The cycling community took to social media. Her story was shared over and over by the cycling community, she received support and encouragement, and many people took the time to review the driving school following her post. “The cycling community here was really impressive,” said Helen.

She eventually contacted Ben Pyatt, owner of the Arvada Driving School, by email and expressed her concern. She wanted him to know that a slap on the wrist was not sufficient.

Ben emailed her back the next day. He acknowledged that he was aware of the incident, apologized to her and was very sorry that it had happened. He informed her that the driving instructor had resigned his position after being with the school for over 14 years.

“We do take our business seriously, and learning to share the road with cyclists is a very important part of what we teach our students.   My oldest son is a professor at Regis University and rides to work 2 -3 times per week from Arvada to Regis University.  He often shares the negative interactions that he has with some motorists. His safety while cycling is always on my mind,” said Ben.

Overall, Helen was happy with the result and felt like the situation had been resolved. “I really just wanted an acknowledgement of what happened and I wanted an action for what happened. I felt relieved and like a resolution had been made.”

Our office contacted Ben and offered to provide a safe cycling/driving class to the driving instructors.

“We had Megan give her presentation on cyclists’ rights to reinforce how to expect to interact with cyclists as a refresher to our instructors. All of our instructors said that it was very worthwhile, ‘time well spent’.  Megan did a great job,” said Ben.

He also donated $900.00 to support Helen’s upcoming charity ride which supports inclusion for athletes with disabilities. Find out more about Helen and Noah's Big Adventure ride.

“Megan is one of those people that you love to know, love to have a connection with and hope that you never have to use as a cyclist,” said Helen. “I was so thankful for her guidance and support and her gentleness for handling the situation but for also taking the time to go and to educate these people on my behalf using her own time. I am forever grateful because I think we made a difference and I am happy about that.”