It's about time . . .

[BumbleBeeDave]

$2.4 million award in Philly bicyclist's injuries 'sends message' to drivers

http://www.newsworks.org/index.php/homepage-feature/item/69183-24-million-award-in-philly-bicylists-injuries-sends-message-to-drivers?linktype=mse_share&utm_content=buffer03394&utm_medium=social&utm_source=facebook.com&utm_campaign=buffer

" . . . the driver of the van claimed that the cyclist should have been riding on the sidewalk, which is illegal, instead of the road."

BBD

[eippo1]

Good that both the door opener and the van driver were found liable.

[merlinmurph]

I'm not sure I understand the part where they say that the van was following too closely. If the van is following the cyclist and is going to pass it, at some point, the van is going to be even with the cyclist. "Even" is close, but what are the options? I would place all the blame on the party that doored the cyclist, not the van driver. Sure, the van driver is an idiot for the sidewalk comment, but I wonder how much at fault they really are.

For example, I picture myself riding down one of the many roads I ride on out in the boonies. No lines on the road, very little if any traffic, just me on my bike. I expect cars to pass me. If some force throws me 8 feet to the left into the path of a car passing me, are they really to blame?

I have no idea what the details are in this case, so there's a very good chance I'm missing something.

Enjoy your ride,
Murph

[shovelhd]

The comments are predictable. There's a lot of Chas R Tunas out there. I hope it sets a precedent but I have my doubts.

[Nooch]

I'm not sure I understand the part where they say that the van was following too closely. If the van is following the cyclist and is going to pass it, at some point, the van is going to be even with the cyclist. "Even" is close, but what are the options? I would place all the blame on the party that doored the cyclist, not the van driver. Sure, the van driver is an idiot for the sidewalk comment, but I wonder how much at fault they really are.

For example, I picture myself riding down one of the many roads I ride on out in the boonies. No lines on the road, very little if any traffic, just me on my bike. I expect cars to pass me. If some force throws me 8 feet to the left into the path of a car passing me, are they really to blame?

I have no idea what the details are in this case, so there's a very good chance I'm missing something.

Enjoy your ride,
Murph

I'd imagine following too close as in there wasn't enough time for him to stop. Just like driving -- if you're following too close and you rear end someone -- same thing at play here. If he was allowing adequate room (two car lengths?), then he should have had plenty of time to stop to avoid hitting her.

[merlinmurph]

I'd imagine following too close as in there wasn't enough time for him to stop. Just like driving -- if you're following too close and you rear end someone -- same thing at play here. If he was allowing adequate room (two car lengths?), then he should have had plenty of time to stop to avoid hitting her.

Well, it's a little different.

The van probably wasn't even directly behind the bike until the cyclist got doored and thrown to the left. We really don't know. Maybe he was right on the cyclist's tail and does deserve fault. This was in the city where things get a bit tight and everybody is fighting for space. I'm just saying it's a tough call. How does a car safely pass a bike if they're responsible even if the cyclist gets thrown into their path? Again, we don't know exactly what happened, who was where, etc.

Regardless, good for the cyclist getting the compensation, though it still sucks that she got doored in the first place.

[oldpotatoe]

$2.4 million award in Philly bicyclist's injuries 'sends message' to drivers

http://www.newsworks.org/index.php/homepage-feature/item/69183-24-million-award-in-philly-bicylists-injuries-sends-message-to-drivers?linktype=mse_share&utm_content=buffer03394&utm_medium=social&utm_source=facebook.com&utm_campaign=buffer

" . . . the driver of the van claimed that the cyclist should have been riding on the sidewalk, which is illegal, instead of the road."

BBD

But unless the van driver and car driver have very deep pockets, theirs or an employer, they declare bankruptcy and she'll see next to nothing.

[tiretrax]

But unless the van driver and car driver have very deep pockets, theirs or an employer, they declare bankruptcy and she'll see next to nothing.

Insurance?



I have a lot of empathy for the plaintiff,but if that had been two cars, I can't imagine the outcome would be the same.

[Dead Man]

Insurance?



I have a lot of empathy for the plaintiff,but if that had been two cars, I can't imagine the outcome would be the same.

Yep... I don't know what liability minimums are over there, but here I think it's around $150,000, and that's what probably 90% of drivers carry.

So if it's 150,000.... she'll get that times two, for two vehicles, minus lawyers' fees. Which will probably cover half of her medical bills.

[Dead Man]

She was probably being squeezed into the door-zone by the van trying to pass unsafely. I've been passed on the left and emotionally pushed into the door-zone a few times. I'll scream at 'em, but they don't care.

I can easily see a situation where you're being hounded by a pissy vehicle, trying to stay right so they can get around and leave you the hell alone- and Murphy strikes. Door opens, you go down, get squished by harassing vehicle.

This is just more weight on the take-the-lane scale. Don't be "courteous" when it's going to put yourself in danger. They'll just have to think you're "another self-entitled asshole biker"

[PaulE]

likely has a subrogation clause so if she is recovering anything for medical costs they will take it.

Yep... I don't know what liability minimums are over there, but here I think it's around $150,000, and that's what probably 90% of drivers carry.

So if it's 150,000.... she'll get that times two, for two vehicles, minus lawyers' fees. Which will probably cover half of her medical bills.

[MattTuck]

Who knows how much she will actually recover... I think this is a criticism that has been voiced before. This was a civil verdict, not a criminal verdict. I'm not sure if there was a criminal trial for the car and van drivers, and if there was, I'm not sure there was a finding of criminal wrong-doing.

I personally think that behavior change of drivers (ie. getting them to drive with more caution around cyclists) will be the result of multiple policy actions.

In order of decreasing effectiveness, I think they are:
Public campaigns (PSA type stuff, on the road reminders, etc.)
Stiffer criminal penalties
Large civil awards

[Dead Man]

Who knows how much she will actually recover... I think this is a criticism that has been voiced before. This was a civil verdict, not a criminal verdict. I'm not sure if there was a criminal trial for the car and van drivers, and if there was, I'm not sure there was a finding of criminal wrong-doing.

I personally think that behavior change of drivers (ie. getting them to drive with more caution around cyclists) will be the result of multiple policy actions.

In order of decreasing effectiveness, I think they are:
Public campaigns (PSA type stuff, on the road reminders, etc.)
Stiffer criminal penalties
Large civil awards

Most people are totally clueless as to what rights and responsibilities bicyclists have, or what theirs are toward bicyclists on the road. EDUCATION is what we need.

Just about every argument I've ever gotten in with anyone about bikes on the road has been the result of ignorance. Mostly the belief that bikes have no rights, that they're supposed to yield to any and all traffic and surely aren't even supposed to be on some roads, etc... completely baseless beliefs.

If people understood that bikes ARE "vehicles" as defined by most vehicle codes, having the exact same rights and duties as everyone else, the panic/rage/indignation eruption that causes most problems between motorists and bicyclists wouldn't bubble up the moment drivers get bikers in their sights.

OH GREAT! A fuqin biker in the road! Jeez, he's right in the middle of the lane... what the hell is he doing??? Get out of the road, you self-entitled moron!!!! OH CRAP I ALMOST HIT HIM TRYING TO GET AROUND HIM! Well dammit, it would have been his own damn fault! Does this guy have a death wish??? JEEZ!

The barest mandatory education could change that to:

Bah.. another stupid biker. I know what to do, though- slow down for 5 or so seconds, wait till it's safe to pass, then do so with at least a minimum clearance. Sigh.

[Dead Man]

I mean... I can't tell you how many fat asshats I've heard say some variation of "well if you hit 'em it's their own damn fault."

Uh, no... actually it's definitely your fault. Just that awareness alone would probably make a big difference.