Sep 20, 2014 at 03:35 AM
But I just finished sharpening my lance for bike jousting
On Sep 19, 2014 11:11 PM, "Jules" <
On Sep 19, 2014 11:11 PM, "Jules" <
Close Encounters of the #%&*@! Kind (Legal too)
Sep 20, 2014 at 07:50 PM
Code of conduct, yield to pedestrians (as well as anything else), and personally, when I'm in any park, but especially Central Park, and it's after 7am on any day, I've resolved myself to a recovery ride and possibly hill repeats, but CP gets too crowded to do any kind of fast training, for me. CP is a tourist destination, and I keep that in mind when I'm there. Also, I'm in team kit, so I'm representing.
So, legal advice?
If a cyclist is ever in an accident, no matter with whom or what, what does that cyclist need to keep in mind for legal purposes?
I recall from car insurance, you're not supposed to apologize, as that admits guilt. You're supposed to stay at the scene, and attempt to help, if at all possible.
Is this still valid?
I believe the rider uploaded that ride to Strava - I'm not following him but saw he set PRs in the park that day. Should this be avoided?
I hope no one ever has to go through this, but there are serious legal considerations in any kind of accident. Can someone offer guidelines or mild suggestions to keep in mind that either confirm, or go beyond what we can find on an internet search?
Sep 20, 2014 at 07:53 PM
http://lucarelliandcastaldi.com/areas-of-practice/bicycle-accidents/
The experts.
I find it hard to believe apologizing is an admission of guilt, especially since it isn't done under oath.
Sep 20, 2014 at 09:45 PM
In terms of developing a nice fact pattern for your future litigation (as opposed to being a nice person)...Apologizing is an admission that would come in at a trial if the person sued you and it went to trial, usable against you even if you don't testify. Unfortunately for most moral people, the long term legal strategy is if you hit someone, don't apologize. Try to get them to admit they're not hurt (often people don't realize they're hurt until later) and that they did something wrong to cause the accident. Never ever admit you did anything wrong, especially if you did. If asked to make statements admitting fault, don't be silent ("adoptive admissions" can occur by failing to disagree), but instead ask lots of accusatory questions hoping the other person will admit fault in some way. "Why didn't you stop? Why were you speeding? Why didn't you look?"
The section of NY law that requires drivers to stick around after accidents and exchange insurance only applies to motor vehicles, it seems. Don't quote me on that. I would definitely stick around. But Vehicle and Traffic Law sec. 600, the crime of leaving the scene (only a crime if there's physical injury, a traffic infraction if there's only property damage), refers only to "motor vehicles" which are defined specifically as non-muscle-powered vehicles. You could maybe be charged with reckless assault, which is a crime, but that's unlikely.
Sep 21, 2014 at 02:11 AM
Yikes. Further evidence that modern law is completely at odds with basic moral hygiene... or Canadianness.... sigh.
Sep 21, 2014 at 04:12 AM
Yeah you amuricans sort of.....suck. Apologies are admissions of guilt...
Jesus Jules can you imagine what that would be like????????
As for strava...as I pointed out dude was out setting PRs. There's that
whole contest of speed thing
On Sep 20, 2014 10:11 PM, "Jules" <
Jesus Jules can you imagine what that would be like????????
As for strava...as I pointed out dude was out setting PRs. There's that
whole contest of speed thing
On Sep 20, 2014 10:11 PM, "Jules" <
Sep 22, 2014 at 07:07 PM
Uh, this guy had TWO sets of brakes on his TT bike...
Sep 22, 2014 at 07:30 PM
Nothing says fred like extra brake levers
On Sep 22, 2014 3:07 PM, "Jules" <
On Sep 22, 2014 3:07 PM, "Jules" <
Sep 22, 2014 at 07:45 PM
The characterization of him as a "Fred" is being used as part of his general character assassination, btw.Myles said:Nothing says fred like extra brake levers On Sep 22, 2014 3:07 PM, "Jules" <
Sep 22, 2014 at 07:49 PM
Who is doing the assassinating? Social media?
Sep 22, 2014 at 07:52 PM
Interesting (but also inaccurate) article on it hereJoaquin said:Who is doing the assassinating? Social media?
I think the terrifying truth is that we're all just a mistake away from tragedy when we ride.
Sep 22, 2014 at 07:54 PM
Ain't that the truth.
Sep 22, 2014 at 07:54 PM
"In midst of strava segment collides with pedestrian".
Sorry it writes itself
(Side notes.
I haven't seen an aero bar mounted brake lever in many years. Wow did they
suck. No way in hell I would trust one.
Well aware of his character being assassinated. The comment was
sarcastic.
Morally conflicted. Are we as cyclists supposed to unconditionally support
one of our own even in the face of great stupidity? What will this mean
when the dust settles?)
Those were not rhetorical
On Sep 22, 2014 3:46 PM, "Jules" <
Sorry it writes itself
(Side notes.
I haven't seen an aero bar mounted brake lever in many years. Wow did they
suck. No way in hell I would trust one.
Well aware of his character being assassinated. The comment was
sarcastic.
Morally conflicted. Are we as cyclists supposed to unconditionally support
one of our own even in the face of great stupidity? What will this mean
when the dust settles?)
Those were not rhetorical
On Sep 22, 2014 3:46 PM, "Jules" <
Sep 22, 2014 at 07:57 PM
Joaquin's statement underlines the need to understand myles rule of life #7
Sep 22, 2014 at 08:05 PM
Myles said:"In midst of strava segment collides with pedestrian". Sorry it writes itself (Side notes. I haven't seen an aero bar mounted brake lever in many years. Wow did they suck. No way in hell I would trust one. Well aware of his character being assassinated. The comment was sarcastic. Morally conflicted. Are we as cyclists supposed to unconditionally support one of our own even in the face of great stupidity? What will this mean when the dust settles?) Those were not rhetorical On Sep 22, 2014 3:46 PM, "Jules" <
Myles,
No. We are not.
THat written, in no way should we join the lynch mob when there is next to nothing in the way of facts available. For all we know, the guy was the one person in the universe who got his aero bar brakes to work, he was moving out of the bike lane because a police car was parked there, a dog off a leash was trying to bite him, and the woman he hit was on an acid trip, taking a selfie in the middle of the road, nowhere near an intersection, the light was red for pedestrians, and when she realized a cyclist was moving at her at 15mph, she decided to run into him, not away.
I'm not going to defend or vilify either the cyclist or the pedestrian. I'm telling everyone there's no reason to rush to judgement. This is not the McLaughlin Group,none of us are paid by Fox News to pontificate, there's no award for being the first bloviator on the subject.
Sep 22, 2014 at 08:07 PM
Yeah, I have no idea about his fred-ness or his lack of caution - but two sets of brakes says "concerned about stopping" to me.Myles said:Are we as cyclists supposed to unconditionally support one of our own even in the face of great stupidity? What will this mean when the dust settles?) Those were not rhetorical On Sep 22, 2014 3:46 PM, "Jules" <
I don't know what to think either. I guess we'll find out when the civil suit gets underway.
Sep 22, 2014 at 08:08 PM
Sep 22, 2014 at 08:08 PM
Agreed. Likewise I feel hoisting this dude up as well without knowing the
facts is equally un wise.
Civil suit?? This country frightens me
On Sep 22, 2014 4:05 PM, "mugwump" <
facts is equally un wise.
Civil suit?? This country frightens me
On Sep 22, 2014 4:05 PM, "mugwump" <
Sep 23, 2014 at 02:49 PM
So this is happening:
http://nypost.com/2014/09/23/cops-continue-crack-down-on-cyclists-after-mom-dies/
http://nypost.com/2014/09/23/cops-continue-crack-down-on-cyclists-after-mom-dies/
Sep 23, 2014 at 02:53 PM
Well, it wouldn't be America if we didn't spend massive resources on reactionary preventive police action in response to things that basically never happen!
Sep 23, 2014 at 02:54 PM
But we feel safer at night......
?
On Sep 23, 2014 10:53 AM, "Ryan J" <
?
On Sep 23, 2014 10:53 AM, "Ryan J" <
Sep 23, 2014 at 03:23 PM
To be fair, maybe the officer is checking for speeding drivers.Ryan J said:Well, it wouldn't America if we didn't spend massive resources on reactionary preventive police action in response to things that basically never happen!
...
...
...
...
Just kidding!
Sep 23, 2014 at 04:14 PM
I don't think it's any coincidence that Jason Marshall was out on his TT bike at 430 in the afternoon on Thursday, the same day Jens set his record. I've unfriended him on FB so i can't go back and look. But dude was always posting things from Velo News, Cycling News etc and commenting on them e.g. hard man this and that, yada, yada.. News of Jens' record hit the wire at 2 that afternoon. I think he was trying to be like Jens
Sep 23, 2014 at 04:15 PM
Is Jens on strava?
On Sep 23, 2014 12:14 PM, "Rick Perner" <
On Sep 23, 2014 12:14 PM, "Rick Perner" <
Sep 23, 2014 at 04:41 PM
What happens when someone looks at strava and sees the top fifty guys are doing the posted speed limit or faster going up the Harlem Hill?
Sep 23, 2014 at 05:42 PM
I'm tied for 29th!Jules said:What happens when someone looks at strava and sees the top fifty guys are doing the posted speed limit or faster going up the Harlem Hill?
In some respects, it's even more dramatic if you look for full laps of central park--the fastest times clocked in races are at or over 30mph.
Context matters. Those times were all performed during races. It's like seeing people standing on a street. Are they jaywalking or marching in a parade?
Sep 23, 2014 at 06:00 PM
Many of the high speed segments will be during races, granted but many will not - which is really my point.
At some point not too far from now these records will start to be admitted as evidence.
At some point not too far from now these records will start to be admitted as evidence.
Sep 23, 2014 at 06:01 PM
Already are. Google "downhill strava deaths"
Sep 23, 2014 at 06:02 PM
^as I ruminate I could see someone's private files being supoena'd either from their home or whatever service (Strava, training peaks, garmin, etc) they use
Sep 23, 2014 at 06:41 PM
@Jules --- this is the reality for absolutely anything you store on the cloud. A company, not you, has your data, and can be subpoena'd.
Your training. Your FB posts. Your google photos. This forum. etc, etc.