Distracted Driving is 100% Preventable

Make the Pledge to End Distracted Driving

“Driving is not a multitasking activity. It takes visual, physical and cognitive awareness.The visual is your eyes on the road, the physical is your hands on the wheel, and the cognitive is your awareness of what’s going on around you, and if you’re messing with an electronic device while you’re driving, probably all three of those are off the table.” (CDOT Victim Testimonials)

Let’s face it; we have all been distracted drivers at some point in our driving careers. Recognizing the behaviors that lead to distracted driving are the beginning of putting an end to it, and hopefully, a decline in collisions and injuries to vulnerable road users. Distracted driving is 100% preventable. 

While distracted driving is most often associated with cell phone use such as texting, reading messages or talking on a hand-held phone while driving, distracted driving behavior is also looking down from the road while changing radio stations, eating or drinking, having a conversation with a passenger, or even admiring the landscape. When you take your focus away from the road and your attention is diverted away from other cars, bicycles, or pedestrians, you are distracted. It just takes a second for a distracted driver to change someone’s life permanently.  Sadly, distracted drivers have struck far too many of our clients.      

Whatever it is, the way you tell your story online can make all the difference.

In Colorado, forty two crashes per day involve distracted driving according to the Colorado Department of Transportation (CDOT). Despite a rising number in injuries and crashes, a survey of Colorado drivers in 2020 revealed that 92% admitted to driving distracted on a weekly basis, which is an increase from the 90% reported in 2019. CDOT also reported that drivers ages 21-30 make up the largest category for at-fault distracted drivers in Colorado.

We joined/are joining CDOT as well as other safety partners in conjunction with April Distracted Driving Awareness Month (and beyond!) to help raise awareness of the dangers of distracted driving and to share CDOT’s messages..  

As part of its Distraction Reactions campaign, CDOT is asking drivers to reconsider their behavior behind the wheel. Forty eight coffee shops throughout the state will serve coffee in cups warning about the dangers of distracted driving.

CDOT’s distracted driving safety messages on social media are urging Coloradans to #DropTheDistraction and #JustDrive. When you are behind the wheel, all other tasks can wait. It’s not worth the risk. 

As a reminder, the laws in Colorado are:

• No text messaging while driving for any age group.

• Only adults are allowed to make voice calls.

• Anyone under the age of 18 is not allowed to use a cell phone while driving.

There are, of course, exceptions to the law under certain circumstances. Drivers, regardless of age, are allowed to use a cell phone to either call or send/receive text messages to a public safety entity or during an emergency. 

Current penalties for the misuse of a wireless device are as follows:

According to CDOT, deterrents to distracted driving include:

Whatever it is, the way you tell your story online can make all the difference.

• Hands-free features,

• Safety concerns,

• Expectation of getting a ticket, and

• Blocking calls and messages.

However, in a recent survey from CDOT, a majority of respondents reported having a “Do Not Disturb While Driving” feature on their phone, but half had never used it.  If you would like to learn how to activate the “Do Not Disturb” option on your phone, please visit DISTRACTED.CODOT.GOV.

Here's our Call to Action for Cyclists:

If cyclists driving cars cannot put down their own phones, how can we ask motorists who ARE NOT cyclists to do so?  We cannot lambaste "those motorists" for driving distracted while exhibiting the same behaviors. It always helps our causes and battles when we can say cyclists are doing everything we can as a group to improve our own conduct.

We have more information on distracted driving and what you can do to make the roads safer for all users in our blog post Take the Pledge:  April is Distracted Driving Awareness Month. Don’t put others at risk. Put your mobile electronic devices down while driving or just turn them off.

Visit CDOT's distracted driving page for more information about the campaign and to view testimonials given by victims of distracted driving.

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!

Riding 2-abreast: when and where it is permitted?

A friendly bike educator sent us the following inquiry:

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"Hi, Megan:

We have been teaching the Bicycle Friendly Driver course to hundreds of people in Northern Colorado and it has been really well received.  A student in a class the other day brought up a point about side-by-side riding.  He went away and did some research and then wrote the following to me.  I’m hopingyou might be able to provide some clarification so that we are providing accurate information.

 Here’s what the person wrote:

-One of the behaviors cyclists do that upsets car drivers the most is riding side-by-side.  I felt the way this was conveyed in the class was a bit confusing, and might fuel the contention. 

    -What I heard you say was that if cyclists are being overtaken by faster traffic, they need to ride single-file.

    - What I had learned was that if cyclists were impeding the flow of traffic from behind by riding side-by-side, they needed to merge into single-file.  In other words, if there is a clear view ahead to allow cars to stray out of their lane to give a pair of cyclists a minimum of 3 feet, then it was Ok to ride side-by-side.

    -In reading the Statute [ ] it says:

        “Persons riding bicycles or electrical assisted bicycles two abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane.” 

I’m not sure what that means.  If one cyclist is on the shoulder and their buddy riding next to them is just inside the traffic lane, are they riding within a single lane?  When is it Ok to ride side-by-side?I appreciate any info you can provide!  Thanks, Megan.

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First let's start with an analysis of the statute and its actual language.  We don't get to question why the legislature does what it does, we have to live with the actual words contained in the law.  Often times, a strict reading of the law can provide answers, but not always.  

C.R.S. 42-4-1412(6) addresses when cyclists may ride two abreast:

(6)(a) Persons riding bicycles or electrical assisted bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

(b) Persons riding bicycles or electrical assisted bicycles two abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane.

Reading the two sections together, I conclude the following:

-Cyclists may not ride MORE than 2 abreast, unless they are somewhere exclusively for bikes (which would really only be a bike lane).  Anywhere else, 2-wide is the absolute legal max. 

-Cyclists may only ride 2 abreast IF they are not impeding the normal/reasonable movement of traffic. If the cyclists riding 2 abreast ARE impeding traffic, the implication here is that they ride single file!

What does "impede" mean for purposes of this section?  I'll share some thoughts i've learned from law enforcement:

a) I know it when I see it.  Impeding = cyclists 2 abreast are causing traffic congestion, cars are backed up, there is a traffic jam/chaos; or

b) many sheriffs offices have a loose standard of 5 or more cars backed up behind the cyclists riding 2 abreast = impeding traffic.

Next- The Statute Definition section defines roadway:

(89) "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk, berm, or shoulder even though such sidewalk, berm, or shoulder is used by persons riding bicycles or other human-powered vehicles and exclusive of that portion of a highway designated for exclusive use as a bicycle path or reserved for the exclusive use of bicycles, human-powered vehicles, or pedestrians. In the event that a highway includes two or more separate roadways, "roadway" refers to any such roadway separately but not to all such roadways collectively.

Now - to address the questions asked above:

-Being overtaken by faster traffic does not, by itself, mean riders need to go single file.  Riders need to single up if their riding side-by-side is impeding traffic. 

-If an overtaking car is able to pass the 2-abreast cyclists safely with the 3-foot passing distance, this is not impeding traffic.  If the riders become aware of vehicles behind them unable to pass, then the cyclists would be well-advised to single up. 

-What about one cyclist on the shoulder and one in the roadway? Well -let's reference the definition above.  Roadway EXCLUDES shoulder.  The statute governing 2-abreast riding refers to roadway.  Therefore reading the two together, if one cyclist is on the shoulder and one is in the roadway, this legally = one cyclist on the roadway (as the law would disregard the cyclist on the shoulder for purposes of the 2-abreast analysis).  The same would be true if one rider is in the bike lane and one is in the roadway.  Though legal, this is not always advised- it is preferable for the 2 riders to ride side-by-side in the bike lane, since that is an established place created for them to ride, and it therefore frees up the traffic lane for cars.  NOTE however: there is no legal requirement that mandates cyclists MUST ride in a bike lane where it exists.  

My suggestion: If a rider is so new or inexperienced as to be uncomfortable riding closely to a cyclist next to them, it is advisable to simply ride single file.  We are looking for a pretty tight two-by-two formation in application of this concept to make it possible for cars to pass (and to give 3 feet!).  Practice riding close side-by-side with your mates in parks or quiet streets or bike paths, to develop this skill.  Most bike lanes and shoulders are wide enough for two cyclists to ride next to one another and then you can remain social with your riding partners without needing to be in the roadway at all! 

Vulnerable Road User Laws

The citation most commonly issued against the motorist in our clients' cases, is "careless driving causing injury."  

This is a fairly broad, and vague, citation.  Which is great, because it can function as a "catch-all," but it's also a challenging charge for District Attorneys and City Attorneys to prosecute and specifically, to take to a jury in a criminal trial.  DAs report that Juries often struggle with a conviction in a careless driving case, because the jury can't find "fault" or "intent."  They become dismissive of the incident as "just an accident," and will often return a not-guilty verdict.  (I will note, that one DA I spoke with took just the opposite approach -he tried these cases all the time and in his words, won every single one where the police officer had done a thorough investigation.  So some of this does come down to the individual DA's perspective/attitudes).

This is a concerning issue.  For one thing -if a DA has uncertainty related to taking these charges to trial, they will likely offer a lesser charge/plea agreement to the driver.  I've seen these offers range from a 1-point defective headlamp to a 2-point defective vehicle charge.  Keep in mind -the careless charge is only a 4-point violation to begin with!  

The reality is that even when the police officer does a fine job with the crash scene investigation and cites the driver with the best possible charge, (often left with no other choice but the careless causing injury charge), the DAs have no incentive NOT to offer a lesser charge plea AND this then limits the possible sentences the judge can impose.  

Moral of the story: weak charge + DAs feeling apprehensive about taking the weak charge to trial = motorists cited for hitting a cyclist usually get a mere slap on the wrist, and may pay a minimal fine or be sentenced to minimal community service.  

We need a new law.  And -we are seeing the increased adoption of Vulnerable Road user laws by several states.  I hope to see this happen in CO, and soon. 

As summarized by the League of American Bicyclists, "Vulnerable Road User (VRU) Laws provide important legal protection to bicyclists and other persons who are not protected by steel cages. VRU laws operate on the principal of general deterrence - by providing an increased penalty for certain road behaviors that lead to the serious injury or death of certain road users people will be deterred from doing those behaviors around those users. The model law includes very strong punishments for people who seriously injure or kill bicyclists and other vulnerable road users."

This removes the problem I note above, of a jury struggling with "fault" or lack of a crime.   It removes those issues entirely by defining cyclists as group of people in need of extra/special protection.  It automatically increases the penalties if someone injures or kills a member of this protected class! 

The League's website includes model VRU for states to follow:

INFLICTION OF SERIOUS INJURY OR DEATH TO VULNERABLE ROAD USERS

Section 1: As used herein, the term “vulnerable road user” includes:

(a) a pedestrian, including those persons actually engaged in work upon a highway, or in work upon utility facilities along a highway, or engaged in the provision of emergency services within the right-of-way; or
(b) a person riding or leading an animal; or
(c) a person lawfully operating or riding any of the following on a public right-of-way, crosswalk, or shoulder of the highway:

1. A bicycle, tricycle, or other pedal-powered vehicles;
2. A farm tractor or similar vehicle designed primarily for farm use;
3. A skateboard;
4. Roller skates;
5. In-line skates;
6. A scooter;
7. A moped;
8. A motorcycle;
9. An animal-drawn wheeled vehicle, or farm equipment, or sled;
10. An electric personal assistive mobility device; or
11. A wheelchair.

Section 2:

A person who operates a motor vehicle in a careless or distracted manner or [commits an existing violation under state law] and causes serious physical injury or death to a vulnerable road user shall be guilty of infliction of serious physical injury or death to a vulnerable road user.

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Connecticut, Delaware, Florida, Hawaii, Maine, Oregon, Utah, Vermont, and Washington have VRU laws that define vulnerable road users, and provide specific processes/penalties for harm done to those users.  The League has done a great job detailing those efforts in a chart here.  

This gets us just a bit closer to the incredible strict liability laws that countries like Copenhagen have-where a motorist is presumed at fault anytime there is a car -bike collision.  It shifts the perspectives of drivers, which in turn influences their driving behavior.  If motorists in the US knew that, upon hitting a cyclist regardless of the facts, they the DRIVER would be presumed at fault, imagine how differently people would drive!  Check it out here.

Guest Blog: Sam's Experience and Lessons

We are reposting this Facebook post by former client Sam Doniach (with his permission) because it includes several great lessons and suggestions - and we hope you can benefit from his experience and his advice! 

"With racing season right around the corner, I figured now would be a good time to share my cautionary tale. This is very long, so if you don't want to read the whole thing the main points are: 

1. Get (and wear) a RoadID or something similar.

2. Tell somebody where and when you are riding and when you expect to be home.

3. If something happens, get a lawyer!

The date: April 4, 2014. Also known as the Rockies' home opener. My wife was working and I had the day off, so I decided to go out for a ride and enjoy the nice spring weather. I was heading home, coming out of Cheeseman Park and heading north on Franklin, crossing 14th. A van (not a minivan, but something like a Ford E-150) was coming south on Franklin and turning left onto 14th. Apparently they either didn't see me or they underestimated how fast I was going, Either way, they turned left right in front of me, and I ran straight into the side of the van. I'm not sure how fast I was going but I imagine between 20 and 25 mph.

Somehow my helmet didn't crack, but I was knocked out cold, and got a couple of pretty big lacerations on my cheek and eyebrow. A bystander called 911, the police and paramedics came, and I was taken to Denver Health. Up to this point, I had always kept my driver's license in my jersey pocket when I was out riding, because in my morbid imagination, I figured that if I was hit and killed, they'd be able to identify the body.

When the paramedics got to me, they cut my whole kit off. I know now that this is standard procedure, because they have to be able to see one's whole body to find out the extent of the injuries. The problem was, my clothes (and ID) were all left with the police on scene, and I was rushed to the hospital completely naked. I was in pretty bad shape - I had a GCS of 8, which means I had some pretty serious brain trauma - and they got me to Denver Health as fast as they could. When I got to the hospital, they had no idea who I was. I was a John Doe.

On almost any other day of the year, this mystery probably would have been solved fairly quickly. But remember what day it was: the Rockies' home opener. Denver Health was on divert, which means they weren't accepting any ambulances except for serious traumas, which my accident certainly qualified as. The paramedics and police were spread thin dealing with all the craziness that goes on downtown on opening day. So a John Doe I remained.

I got hit probably around 6 or 6:30pm. My wife got home from work about 7:30pm. I hadn't told her that I was going for a ride, but when she got home and I wasn't there, she saw that my bike wasn't there either and figured it out pretty quickly. It was already starting to get dark when she got home, but she figured that I'd be home soon. I had my cell phone with me, but when she called it I didn't answer, which isn't unusual when I'm out riding. As it got darker and later, she got more and more worried. She kept calling my phone, but it kept ringing and ringing and never got picked up. At some point, PD brought my belongings to the hospital, but it must have been in a bag and nobody answered it. Eventually the battery must have died because it went straight to voicemail.

She called the police, but they said that she couldn't file a missing persons report until I had been missing for 24 hours. So she started calling hospitals. She didn't know I was a John Doe; in fact, she knew I always took my driver's license with me, so she was asking for me by name, and never found me. She called Denver Health at least 3 or 4 times, but they told her to stop calling because they were on divert. Nobody made the connection. I also hadn't told her where I was going, so she had no idea where I could be, or what area I would have been in if something happened.

Eventually, around 11pm or so, she called the police again, and an officer came to our house. She told him what I looked like, showed him a couple pictures, and said that I had been out for a bike ride and hadn't come home. He went out to his cruiser and was on his phone for about 15 minutes; finally he called her from his cruiser and said that I was at Denver Health. She rushed to the hospital, not knowing what she would find - would I be brain dead? Paralyzed? When she finally found me, I was covered in blood, and all doped up on painkillers. She asked if I knew who she was, and I said "my wife".

I still have no memory of the accident, or of anything for about a week after. All of this story comes from what my wife told me and from what I could piece together from the police and ambulance report. I had 2 subdural hematomas, which means my brain was bleeding under my skull. They kept me in the hospital overnight for observation, and discharged me the next day. I give thanks every day that I wasn't more seriously injured, and I consider myself incredibly lucky that I have no long-term deficits (as far as I can tell) from the accident.

There was good and bad luck (or fate, or karma, or the work of God, or whatever it may be) involved that day. I was hit by a car, it was the Rockies' home opener, and my wife had the worst, scariest day of her life - all bad. But it wasn't a hit and run - the driver stayed on scene. And even though it was a very serious accident, I really wasn't injured that badly. I tried dealing with the driver's insurance company, but I was way out of my depth, so I decided to hire a lawyer. We are lucky to live in a place with so many cyclists, and there are lawyers that deal with exactly this type of accident. I think that I hired the best - Megan Hottman, who sponsors the Cyclist Lawyer cycling team. She worked incredibly hard for me and my wife, and things worked out better than I ever could have imagined.

I'm sharing this story not to get sympathy, or to make people feel bad for me. I consider myself incredibly lucky. But cycling on the road is very, very dangerous, and we need to do everything we can to protect not only ourselves, but the people we love and who love us. I failed to do so that day, and I feel terrible for the fear and pain I caused my wife. So there's a few things I want to pass on:

1. Get a RoadID or something similar! If something happens, you want the hospital to know who you are and who to contact. Especially if you have any serious medical problems or drug allergies - they are incredibly important for the doctors to know about.

2. Tell somebody where and when you are riding and when you expect to be home. If my wife had known where I was going and when I was expecting to be home, she might have had a better idea of where to look for me.

3. If something happens, get a lawyer! I can't emphasize enough how helpful this was. Insurance companies are hard to deal with for a reason - they only want to look out for their bottom line, and they're counting on the fact that the average person doesn't know as much as they do.

Thanks for reading my (long!) story. I hope that nobody has to go through what my wife and I did, and hopefully you can all learn from what happened to me without having to go through something like that."

View his original post here

Share the Road: Public Service Announcement

The Bike League and AAA released this GREAT video in conjunction with the upcoming month of May, which is BIKE MONTH - 

Understanding The Cycling 3 Foot Rule

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

…

(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… (emphasis added)

 How much is 3 feet, really?  Approximately the length of your arm (for those who wondered, this is why our cycling team jackes have rulers on the backs of our sleeves!):

In my opinion, the law really should include the words “when safe to do so.”  In other words, if a motorist cannot safely give a cyclist three feet when passing, without interfering with oncoming traffic, the motorist should slow down and wait BEHIND the cyclist, while oncoming traffic passes, and THEN proceed to pass the cyclist with the 3 foot buffer. 

I experienced this myself firsthand a few years ago, when a large F-350 truck passed me from behind, giving me in excess of 3 feet.  Unfortunately for him, the same make and model truck was approaching from the opposite direction.  The truck passing me crossed the centerline to give me space, but in doing so, he crossed the center line and went into oncoming traffic’s lane.  The result is that they sheared one another’s side mirrors off.  The oncoming truck was driven by an off-duty police officer; he informed the truck passing me in no uncertain terms, that he needed to WAIT BEHIND ME before attempting to pass with three feet.  The driver attempting to pass me was obligated to pay for the damage to both trucks and was cited as the at-fault party.  I felt terrible because I was so grateful he had given me so much passing room.

But the reality is –the 3-foot law does not override or supersede a driver’s obligation to ensure it is safe to pass or cross the center line. The driver must check for oncoming traffic first.  If oncoming traffic prevents passing a cyclist with three feet, the motorist must wait behind the cyclist.  Not crowd into them in the lane.  Not swerve back over into the lane and knock the cyclist off the road.  Wait.  Safety first.  Then, 3 feet.  Many motorists do not realize this is the proper analysis.

As luck would have it, as I was writing this article Jerry N., an avid cyclist and cycling advocate, contacted me.  He informed me that very recently, he called Colorado State Patrol (CSP) to report a motorist who passed him too closely and CSP pursued the motorist and issued a 3-foot law violation citation.  Jerry asked me not to share his full name, or the complaint and report, since the case is currently pending, but he did offer some advice to cyclists who want to report this type of encounter:

[Megan] Jerry, this is great news that you took the time to place the call and complete a traffic complaint report - and that CSP took it seriously and pursued it!  What advice would you give other cyclists who wish to do the same when a motorist passes them too closely or "buzzes" them?  What number did you call to submit your complaint?  

[Jerry] Well, it takes a moment to collect yourself after suddenly feeling as though you are dazed and confused.  Make sure that you are first able to safely maintain your line and resume your presence of mind to operate the bike within your comfort zone.  Then, as you do so, look up, gain a visual on the license plate.  Recite the number to yourself.  Then repeat the number internally or aloud.  Then associate a date, a month and a calendar day to the numerical portion of the license number.  Use words beginning with the letters that appear on the plate.  Keep repeating these to yourself in order that you can remember it.  Commit the vehicle type, make, model, color and approximate year and try somehow to ascertain a visual on the driver.  Commit the driver's physical features to memory so that you may describe and or visually identify the driver at a later time.

Stop when it is safe to do so and call *CSP or *277.  Tell the Colorado State Patrol dispatcher where you are and why you are calling.  He or she will then patch you through to the local jurisdictional authority.  Be prepared to provide a detailed description of the sequence of events and depending on the severity of the alleged transgression you may request an officer or agent respond in person or you may ask, otherwise to create a case file.

If you are unable to physically identify the driver law enforcement may not respond in person but are likely to accept your request to record a driver in the registered vehicle you describe on file as having failed to yield a three foot berth or as having presumably driven intentionally close to you or whatever may be the case in your circumstance.

[Megan] Jerry, as you are probably aware, law enforcement officers do not often cite motorists with a 3-foot violation -- even where a motorist hits a cyclist.  What steps would you like to see us as cyclists taking, to encourage law enforcement to use this statute more often, and to enforce it?  

[Jerry] Call it in whenever the situation arises and as often as you fall victim to the menace, threat, discourtesy, ill will or pure negligence, apathy, disregard or complete ignorance of the law.  A deluge of ongoing reports of this nature will trigger flag words in dispatch recordings being monitored and lead to heightened awareness within agencies which share volumes and frequencies of calls received on specific matters or common subjects.

The officer I most recently spoke with (who issued the summons I requested against a driver), told me over the phone that he believed the law was limited in its purview only to roads in rural locations such as winding mountain roads.  I asked him to go and review and read the statute.  When I spoke with him the following day he begged my pardon and admitted that he was unaware of the breadth of the law and that is does, in fact, apply to all circumstances of a cyclist being overtaken or passed by a motor vehicle.  This means on all roadways, streets and highways inside the state of Colorado.

So, with this being said, we as cyclists ought to concern ourselves with increasing awareness of the law and its application in as many ways as we can. 

  **Many thanks to Jerry for sharing his success story in this instance! 

Below see an article printed in the AAA Encompass Magazine about this very topic!