Bike Ambassador Team Blog: Commuting Delivers Daily Joy

Guest Blog post by I-Ling Thompson, Bike Ambassador

More than Miles, Bike Commuting Delivers a Daily Dose of Joy

Just shy of two years ago, we decided to move from the trail mecca of Golden, Colo. (complete with across-the-street trail access) to Denver. While I loved having trail access out my front door, I found climbing in a car to go anywhere exhausting and tough on my carbon consciousness. We found a darling, yet woefully dated bungalow in West Highland that offered a #ridemoredriveless daily lifestyle, shaved my daily commute to 15 minutes by bicycle, and served up plenty of renovation projects to keep us busy.

Our first year was hard – city life was dramatically different than rural Golden. The parking hassles, the noise, pavement everywhere…despite my best intentions to ride everywhere, I found the adjustment to city life difficult and old car habits were hard to break. Add to that my work and travel schedule kept me off the saddle and behind a desk more than ever…the days of carefree riding, simply opening my garage door to roll out on canyon roads or dirt felt foreign and beyond distant.

Interestingly, I found a daily dose of sanity by reaching for my bike to make that 15-minute commute to work. I chose between bikes lanes, bike paths and neighborhoods roads to pedal out the day before and behind me. And despite traveling upwards of three weeks a month, I strapped on my helmet to commute 96 times. The simplicity of grabbing my bike to go to work, dinner or the grocery store is indescribable. My commute became my joy and the system of bike paths around Denver, my new stomping grounds. I finally invested in a cruiser bike, complete with rechargeable lights, a rear wheel lock, fenders, a basket and a grocery getter pannier. The neighborhood was an old friend now, and I knew it’s streets. It wasn’t the foothills of Golden, but it was pretty awesome.

When my second spring rolled around, the quiet streets of West Highland blossomed into an entirely new neighborhood. My morning commutes were fragrant with spring flowers, and train of commuters on my route home brought familiar comfort when my days ran into darkness. I was now going days without moving my car. I added Lyft, walking and begging rides from hubby to my commute mix.

Even bigger this year, my hubby and I took our first cycling vacation. Rather than rent a car, we explored Norway by bike for eight days. The experience of riding our bikes in a foreign country, along quiet roads and boarding ferries to cross a fjord was indescribable. Sitting in a fruit stand to have lunch before pedaling to the next town...pure joy.  

I also found peace with merging my professional job + commuting. I don’t have a shower at work, so the struggle with hair + sweat management + outfit selection is real. I embraced the side ponytail to make my new post-helmet hair manageable and slowed my pace to avoid glistening. I tested my “professional” wardrobe and found that most everything was bike-friendliness for the time/distance required for my commute.  Despite my crazy travel schedule, I managed 92 commutes and 331 rather stylish miles by bike, if I do say so!  

If 2017 taught me anything, it’s that a commuter mindset happens in small, every day actions, not just the bold ones. I'm so grateful for my commuter team..this team is comprised of women from all backgrounds...medical, executives, lawyers, nonprofit leaders, small business owners and mathematicians. Despite their full schedules, these ladies stay committed to the bike commuter lifestyles they want to lead and remind me of the possibilities, joy and experiences to be had by bike. It would be very hard to trade in this lifestyle, given the freedom and hours of car-free life I’ve taken back. 

So here's to 2018! I'm ready for the adventures you have in store!

Sensing a Shift: Bike Awareness

By Maureen

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

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

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

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

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

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

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

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

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

It might just save a life!

It might teach my kids not be distracted drivers.

It might help change the impression drivers have of cyclists.

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

There are just so many reasons. What are yours?

Handling My Own Claim - Lessons Learned

A guest blog by Joee Reyes 

Handling My Own Claim - Lessons Learned

I thought I was 'doing the right thing' when I attempted to handle an insurance claim on my own after being struck by a car. Call it being socially and ethically responsible. Maybe it was pride. I grew up with the stigma that you only need a lawyer if you go to court and that if something life changing, like a workplace injury, transpired.  Truth be told, I should have placed the machismo in the back seat, done the right thing and asked for help.

In the spring of 2016, I was stopped at an intersection, resting on the white painted line. Since drivers tend to miss seeing cyclists, I placed myself in front of the car so the driver would see me. After looking at the driver, I proceeded through the intersection once the light turned green. I was 'greeted' from behind by the same driver with whom I had just made eye contact. The car clipped my rear tire. This caused me to bounce off the right fender and sent me sliding into the curb.

I quickly popped up to get out of the road so I would not get injured any further.  Adrenaline works when you need it the most! I walked over to the sidewalk to lie down and figure out what had just happened. The driver of the car that hit me came over to see how I was. He did not seem too concerned about my well being. I asked him to stay while I called police so I could get a report written. That was the extent of my general knowledge about what to do if involved in an accident; call the police and file a report.

After police arrived and EMS conducted a basic physical field assessment, they gave me the go-ahead to go home. Since I was struck two blocks from my apartment, I opted to walk home and drag my broken bike with me. I had gotten it less than a week before the accident.

Thinking that this would be a straightforward claim, since there were no trips to the hospital and I had not been seriously injured, I was hoping for a quick turnaround to this whole ordeal. The faster I could put this behind me, the better. Irony and hindsight are the key takeaways from this whole ordeal. Nothing was quick and the gaps in getting everything resolved were about as painful as being hit.

Here's a 'not so quick' timeline of handling my claim:

April 2016 - Struck by a car:

○      I called the driver's insurance company the same day.

○      Two weeks later the police completed their report citing the driver at fault.

○      Insurance company confirmed receipt of my email regarding the claim on April 25.

May - Some progress on the claim is being made:

o   Multiple adjusters working on various parts of the claim. Communication is not ideal.

o   Requested to speak to adjuster handling property damage portion of the claim as I felt it was not being handled properly. Submitted documentation in April for damaged property but still had not heard back from adjuster.

o   Was advised that the adjuster was actively working on the claim for a resolution.

June – Going on month two now:

o   The bike was dropped off at a local shop so the insurance adjuster could make an assessment.

o   Sent adjuster a copy of the sales invoice for my bike. Also sent the cost of aftermarket brakes that were purchased and installed. Cost was $99.00 for the parts and $90.00 to install.

o    Nothing really out of the norm. All actions seem to be moving at a 'normal' speed.

○      On June 6, I requested to keep the damaged bike or have the ability to buy it back at the totaled cost after the wreck. There were the aftermarket fenders and a handful of parts that were not destroyed, e.g. the seat, that I wanted to keep.

○      The adjuster was not very professional in his response towards me. He informed me that I could not recover the value of the bike and keep it.

○      At this point, I was less than excited about handling my own claim.

○      Still had not heard back from the second adjuster handling the property damage portion of the claim even though I had been assured that it was being worked on. None of my calls were returned.

○      The adjuster changed his mind one day later and offered me the full value of the bike plus I was able to keep it. So all in all, this experience was not the worst, yet.

Mind you this is only month two of the claim. The settlement for the bike went relatively quickly, which was the most expensive part of this accident, but I still needed the issue regarding the damaged personal items to be resolved.

Never give up! That is what I was taught from my parents and from being in the military. Do not be bullied. Ask a lot of questions. But seriously, this is when having a lawyer would have been more ideal.

o   On June 13, I sent another follow-up email asking about a settlement.

I would call once a month all summer long and leave a voicemail to the agent handling my claim. I was ignored repeatedly to the point I quit calling. I know, I know. I failed to live up to my own rhetoric about never giving up but screaming into the void was becoming pointless. At this time, I gave myself a break from the constant rejection. I’m human too. This whole insurance act was getting old. The runaround was beyond frustrating to say the least. I sent another email on September 12 with the receipts for the destroyed items as well as my medical bill. I followed up again in December.

Finally, six months later, on December 14, I received an email from the adjuster handling the PD portion and medical bill. Awesome!

○      Resolution………… almost. Finally, the last of my items were getting covered from the event. Taking a step back to analyze this whole scenario. I knew that I undervalued my medical costs but I was quick to settle to try move along the whole process. Sorting through the myriad of time and emotional effort this event took, I should have called a lawyer to handle it.

If you are ever in a similar situation, I highly recommend getting professional legal help. In my case, I met Megan a year later and wish that I had gotten to know her earlier to help me tackle the headaches that come with such a process. 

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10 Things I wish I Knew: a Guest Post

10 Things I Wish I Knew When I Started Cycling

Guest Blog by Tim McAndrew

1.     A good bike fit is worth every penny. Having the wrong set up, even if it’s only off by a few millimeters, can make riding a misery, particularly on longer rides, and can lead to chronic injury and pain. So do yourself a favor: spend the $150-200 to get a proper bike fitting from a reputable bike shop -- your body will thank you later.

2.     Unclip early. Until you master unclipping from your pedals thoughtlessly, a tip that will serve you well is to unclip a foot before you even apply the brakes. This simple exercise will train your brain appropriately and will hopefully keep you from falling straight over at a crowded intersection (and bruising both your body and your dignity).

3.     Bonking sucks. If you’re heading out for a 1-2 hour ride, typically you won’t need to bring any food -- a 16-20oz bottle of water will do you right. However, go out for any longer and you’re going to need to bring along some fuel. This is a lesson you don’t want to learn the hard way because bonking sucks! A good rule for new riders is 100 calories for each 20 mins on the bike. And get into the habit of always bringing a little more than you think you’ll need -- sometimes your body just demands a little more fuel than normal. Worst case is you’ll be the Eagle Scout of your group ride and be able to feed the one dude who forgot to pack enough fuel that day. 

4.     Speaking of Eagle Scouts. Unless you live in a climate where any type/amount of rain will bring utter joy and relief, pack yourself a rain jacket or vest. This is especially true if you’re riding in the mountains or in a damp environment like the UK or the Northwest US. Being able to cover your chest when the rain/temperature falls will protect you from losing critically valuable heat and energy. It will also make the ride significantly less stressful and more enjoyable.

5.     Spend $40 on a chain every 1500 miles. The last thing you want to hear your local wrench say is: “dude, you're gonna need a new chain ring and cassette.” Typically this happens because you’ve ridden with the same chain for so long that it’s stretched and carved shark teeth into those components. By swapping out your chain every 1500 miles or so, you’ll extend the life of your drivetrain by years, save yourself a lot of money, and save a lot of unnecessary time your bike needs to spend in the shop.

6.     Rinse. Lube. Repeat. Like looking after your drivetrain, get in the habit of always wiping down your bike, and especially your chain, after a ride -- it will extend the life of your bike and its parts. For your chain, wipe it down with a lint-free cloth, apply fresh lube, and then wipe off the excess. This will keep your chain shifting smoothly and keep you from being the annoying squeaky wheel on your next group ride.

7.     Group ride etiquette part I: Steady as she goes. When you’re out for a ride with more than yourself, there are some generally accepted group riding rules to follow. The first of these (you can read more here) is that everyone is expected to take a turn at the front, even if it's for a short "pull." When it is your turn, fight back the urge to show everyone how strong you are. Instead, do your best to ride at the same tempo / speed you were riding when you were in the pack. This is especially true if your turn at the front starts at the base of a climb – dropping your friends like this will put you in the doghouse. So, pay attention to your speedometer while you're in the pack and then try to hold that speed steady when it's your turn at the front. Master this skill and you’ll be looked at as a seasoned rider and avoid the bitter scorn and curses of your riding buddies.

8.     Group ride etiquette part II: Point out the shit. Another responsibility when you’re on the front is to point out the hazards in the road to those behind you. This includes rocks, potholes, sticks, debris, gravel, etc.  The way to be a pro at this is by concentrating on what’s ahead of you so you see it early, can gracefully maneuver your bike away from it, and simultaneously use the hand that’s closest to the obstacle to point it out. If you ride alone a lot and only do group rides occasionally you’re going to have to concentrate to remember your role here. And remember, if someone ahead points something out, you too should repeat the gesture so those behind you can avoid the obstacle.

9.     Know Thine Categories. Even if you don't race, understanding the very basics of racing categories helps understanding when others are talking about racing. Someone who races Men's Cat5 or Women's Cat4 is a beginner. This is where ALL racers start. Typically you cannot race at any higher category, regardless of how talented or gifted you are as a racer, without having earned your stripes in the beginner's ranks. Here’s where you learn how to ride in very close proximity to others, get a feel for how a group ebbs and flows, learn the importance of holding a line, and hopefully how to avoid the inevitable crashes that occur. Once you’ve done your time and/or start crushing the field, you’ll be upgrade to Cat4 (Cat3 for women). And from there you begin the march up the ranks until you reach your maximum potential. Who knows, maybe you’re a Cat1 Pro and you don't even know it.

10.  Turn off the Computer. Bike computers are great. They're very useful tools for gauging speed, distance, output, etc. But it's easy to get sucked into becoming a slave to the output from your bike computer, especially with apps like Strava and Training Peaks egging you on. Do yourself a favor, and occasionally turn off the computer and just get on your bike and go for a ride. This can be harder than it sounds when you’ve become a “slave to the device” but when you make the effort to do it, you’ll be rewarded with the joys of why you probably started riding a bike in the first place. So soak it up. Enjoy the scenery. Stop and take a picture. Do whatever it is that makes you one with the bike and revel in it!

... Speaking of pictures, here are some shots of our Century + Triple Bypass (replacement) Ride last Saturday - seriously, you CANNOT argue with the scenery, fun, friendship and memories that long rides with friends provide! (Photo Credit: Megan Hottman, Austin Sholly, Tim McAndrew).

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

A friendly bike educator sent us the following inquiry:

"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.

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! 

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

Guest Blog: The Sacred Charge of the Commute

We've been following along with our friend Kris and he's been posting more and more amazing stories and photos of his commuting adventures - he recently shared that he commuted 2 straight weeks and doesn't show signs of stopping... So I asked him to share some of his insight and inspiration with us: 

Guest Blog: The Sacred Charge of the Commute by Kris Simons

The alarm goes off at 4:00 AM and I hit the snooze button for 5 minutes. I groggily drag myself out of bed and trip over my dog in the process. He rustles but goes back to sleep. He is off the clock and could care less as long as the bowl of food is full when it’s time for him to wake up. It’s dark in Denver except for the streetlights and glow of the fire exit sign at the elementary school adjacent to my house. I don’t hassle with making coffee but a few frozen Ego waffles and pumpkin bread in the belly and I am on my way to getting dressed to ride my bicycle to work. This has been my routine for close to seventy days this year. (With the exception of the pumpkin bread)  The route is roughly a 26 mile roundtrip commute mostly on a mix of roads and bike path. Some months, I commute every day, other times once every other week. I have pedaled every month of the year though, at times in snow, through bugs, fog, rain, broken glass, and over fallen trees.

Under the cover of darkness, I begin my 13 mile trek to work as my lamp illuminates the road ahead. Sometimes the app which tracks my journey says its 11 miles, sometimes 14. Either way, the morning ride has become something sacred amidst the restlessness and curiosity of what the day will bring. I started commuting by bike three years ago as a personal challenge, just to see if I could do it. Biking was no longer the necessity of the broke college student I once was years ago. Now, my bike actually shifted well and I had some nicer equipment to make the journey more enjoyable. The route mostly sticks to the bike path with minimal exposure to groggy people driving cars amidst checking text messages and Facebook updates this time of the morning. Sitting up higher on my bike and looking down, I often see the glow of the blue screen and try to be extra cautious. It’s amazing how addicted we have become to technology. I struggle with it myself. The bike doesn’t let me surf Facebook for the one thousandth kitten meme or rant from a person mad about god knows what. My hands stay planted on the bars, affording time to pedal and watch the world go by. When I used to ride the streets of Pittsburgh ten years ago on a 7 speed Huffy, I felt this gave me a chance to listen to the heartbeat of the city and surroundings. The responsibilities and bike may have changed, but the sacred commute makes me keep this thought present and listen to the beat, not rants or kittens.

In the dark, I pedal through the drying leaves of fall which litter the path as an occasional reflection of light is bounced off the eyes of a house cat in the grass. For an hour, I pedal and weave with the turns and twists of the path. I ride technical singletrack and race bikes as a hobby, yet this commute never bores me as it is just a time to pedal, wake up, and think. It’s my metaphorical chance to plug the battery in and recharge as the rest of the day will draw down those power reserves. Deadlines to meet, boxes to check, and things to do are all on the horizon with the rising sun. But right now, I can’t do any of those things, except think about them against the methodical pedal strokes in the darkness.

I arrive at work, park my bike, change, and make coffee ahead of everyone. I arrive refreshed and ready for the day. The early arrival always feels like a head start in a race. As other people arrive in the process of waking up from the drive in, I am already sharp, alert, and charging forward. It’s a good feeling.

As the work day wanes, so does my inner battery. Hours spent on a computer, in meetings, and troubleshooting have left me drained. Though the work has been stimulating, I feel like a hollow, tired shell. More things lie ahead on the home front. I change, jet out of the office, and am soon beginning my trek home. It’s slightly downhill most of the way so I ramp up the speed with my tired legs and coast, occasionally pedaling. There is some singletrack scattered along the way that I make sure to hit. Each twist and turn is recharging me. Charging time doubles on the singletrack sections. I leave the path and hit the road, riding the last two miles to home. People are beginning to get off work and head home. I pass by the traffic jams and smile as my commute time by bike is almost as long as it would take me to drive home anymore. The infrastructure in Denver isn’t keeping up with the population growth. Yet, people forget that with a little work, the bike paths and routes through Denver are years ahead of most cities and almost as fast for my daily needs. The commute is a chance to utilize a resource that so many people write off. Meanwhile my truck sits parked at home, not a part of the idling traffic that seems to have become so pervasive here with the identity of Colorado. Need to go to work? Sit in traffic. Need to go run errands? Traffic. Want to go skiing on a weekend? Good luck even getting there in the Colorado traffic.

I arrive home refreshed, slightly tired, yet ready for more of what the world can dish out, thanks to the commute. Maybe in the end, that’s why I do it. It’s a time to collect my thoughts, think, and be ready to be present when needed. Life may tax the inner reserves of my introverted self, but the bike path counteracts those motions. Out on my commute, the battery is at 75% and rising, and the road is wide open. Perhaps that’s the sacred charge of the commute.

Guest Blog: How getting rid of my car made me an Ironman

We love Eric's story and wanted to share with you (with his permission to repost, of course) - Click the link above to read the full story and be ready to be INSPIRED! 

Had I driven to work everyday for a year, I would have spent 154 hours driving a car. Aint nobody got time for that. In training for Ironman Boulder, I trained for 421 hours over a seven month period. The time would equal almost a third of the training required for an ironman event.

Injured Cyclists’ Impressions of the Criminal Justice System in Their Cycling Cases

As a follow-up to my last posting about the criminal justice system in cycling cases, I asked three of my current cyclist-clients to answer questions about their thoughts and perceptions regarding how their case was handled in the criminal justice system.  Before I ask them their impressions, here are brief summaries of each incident that caused their injuries.

Client 1:   The collision which caused my injuries occurred as I rode through an intersection.  I was hit broadside by a motorist driving a pickup truck who entered the intersection after failing to yield the right of way.  The motorist (approximately 44 years of age) claimed he did not see me until just before colliding with me.  The collision took place in broad daylight and there were no obstructions to visibility such as other traffic, landscaping, or short sight lines.  I sustained multiple serious injuries including:

  • fractured right femur (thigh bone) near the hip joint,
  • severe contusion (bone bruise) to the right femur,
  • impingement of the right shoulder, and
  • extensive, severe road rash on my right side.

The location and nature of the femur fracture necessitated complete hip joint replacement surgery.

Client 2:  The bicycle, motor-vehicle collision that caused my injuries occurred near an intersection on a main thoroughfare in Highlands Ranch.  I was riding in the bike lane as I approached the intersection.  A pickup truck driven by a 16-year old girl came alongside me in the right hand turn lane with the right turn signal blinking.  Because there was not a traffic signal or stop sign, I assumed that the motorist would allow me to continue straight on through the intersection in the bike lane before she turned right.  Instead, the motorist turned to the right when she was abreast of me and hit me. 

As the result the collision, I sustained a fractured acromion (shoulder), rib contusions, and severe road rash.  My helmet was cracked and my bicycle was severely damaged. 

Client 3:  The bicycle, motor-vehicle collision that caused my injuries occurred at the intersection of the C-470 bicycle path and Santa Fe road.  I was in the crosswalk when I was struck by a motorist who failed to yield the right of way.  The estimated speed of the truck at the point of impact was in excess of 20 m.p.h.  The force of the impact threw me clear of my bicycle and instantly knocked me unconscious. 

I sustained serious injuries to my head (including a concussion and short-term memory loss), my left ear, my left shoulder, my right hand, and both of my legs.  My bicycle was totally destroyed.

 

MMH: What impressions did you have of the criminal justice system prior to your collision?

Client 1: Until my recent bicycle, motor-vehicle collision, I had never had any traffic related interaction with the criminal justice system. Therefore, I didn’t really have any specific impressions or expectations of the criminal justice system or how it worked other than a somewhat vague notion that it provides a way to recompense the victim (cyclist) who was injured in a collision and punish the Defendant (motorist) who was at fault.  Because I was unfamiliar with the system, I decided that it would be in my best interest to hire an experienced attorney who also had a cycling background.

Client 2: My pre-accident impression of the criminal justice system was that the system was overwhelmed and they (the DA's office) would do everything to expedite a settlement to keep it from going to trial. I also had the impression that whoever could afford the best lawyer had the best chance of avoiding punishment. In my particular case, it appeared that the Defendant’s (motorist’s) insurance company was not going to admit fault and I was concerned that the Defendant might fight the charges and end up going unpunished. I felt reassured that I had a very good attorney. I can't imagine trying to go through the process without legal representation.

Client 3:  My impression was that the criminal justice system was slow, complex, and that it takes a long time for cases to be adjudicated. Also, it seems that the system is focused on the Defendant without much regard to the victim’s circumstances and input. 

 

MMH: What expectations did you have of the DA’s office and the system in “meting out” justice in the criminal case against the driver? Were you surprised at the delay in court, any re-settings of the case, and the perceived delay associated with the process?

Client 1: As the victim of a criminal act, I expected that the DA’s office would have had a fair degree of personal concern and a close communication with me regarding the case.  However, I found it to be more like going to the Department of Motor Vehicles; bureaucratic and fairly efficient but distant and mostly impersonal. I understand that they are chronically overloaded with cases and under pressure to move as many cases as possible through the system as fast as possible, but I found it less than satisfying to be treated as just another case. However, my expectations of the system in meting out justice in the criminal case against the Defendant (motorist) were, for the most part, met. I was pleasantly surprised that there were no long delays in court, no resetting of the case, and no unexpected delays in the process.

Client 2: I did not expect the DA's office to be interested in what I wanted. I assumed that they were mainly interested in clearing this case off their docket as quickly as possible. I was pleasantly surprised when the DA and the Victim's Advocate met with Megan and me prior to meeting with the Defendant and her attorney. The DA explained the law to us and what she would be able to offer to the Defendant. She also asked what our expectations were and what kind of punishment might be appropriate. Since the Defendant was an inexperienced 16-year old driver, we were not interested so much in punishment but more in an admission of guilt and educating the Defendant to be a safer driver. 

 

We were pleased that the DA listened to us and that she was able to reach a mutually acceptable agreement with the Defendant and us. We were also pleasantly surprised that the DA was able to put the case in front of the Judge that day and we were able to resolve the case in one trip to the court house.


Client 3:  My expectations were that the wheels of justice would turn faster.  The long wait to obtain a police report and information concerning the insurance status of the Defendant was frustrating.  I was surprised that it took two months for my case to be heard because it seemed to me that it was fairly unambiguous and straight forward.  During this time, the Defendant sat in jail waiting for sentencing, and I as the victim was not able to proceed with claims until the criminal case was closed. 

MMH: Were you surprised to learn that a police report citing a negligent driver at fault in a cycling case is not necessarily indicative of whether their insurance company will accept liability?

Client 1: This was the first time I have been party to a case where a police report cited a negligent motorist at fault in a bicycle-motor vehicle case. Therefore, I was surprised to learn that a police citation may not be enough to convince the Defendant’s insurance company to accept liability for the property damages and medical costs.

Client 2: Since everyone in this country is innocent until proven guilty, I was not surprised at the insurance company's refusal to accept liability. However, I was surprised that we could not get the eye-witness report before we went to court. I later learned that this was because the case was still under investigation and could have altered my recollection of the accident had I been called on to testify. Eye witnesses are critical in these cases and if you ever witness an accident please take the time to stop and give a report to the authorities.

Client 3:  Yes, because in my experience with motor-vehicle to motor-vehicle accidents a police report is all that insurance companies depend on to litigate their responsibility and coverage.  I originally thought that my case was a civil case rather than a criminal case.  I’m still not clear about that distinction but there doesn’t seem to be much difference from a victim’s perspective.

MMH: What were the impressions of the way the criminal process unfolded in your particular case?  Were you satisfied?  What emotions did you experience when you saw the Defendant in court?  What feelings did you experience as you observed the Judge consider the case and render the sentence?  What sentence was rendered?  Were you satisfied with it?

Client 1:  Overall, I was satisfied with the way the criminal justice process worked in my case. To a large degree I think this outcome was the result of my attorney and I being actively involved in the case early on. 

Seeing the Defendant (motorist) in the courtroom was somewhat traumatic although less so than I had imagined it would be. However, it helped defuse the chaotic emotions that I had felt since I was injured in the collision nearly three months earlier. The Defendant appeared to be genuinely remorseful and pled guilty to the charges against him. He unequivocally accepted blame for the collision and then apologized to the court and to me for his careless and negligent behavior.

As I observed the Judge consider the case and render the sentence I felt relieved that I had been heard. The sentence consisted of a fine and jail time.  However, the jail time would be suspended if the Defendant attended driver’s safety education classes.  If he did not fulfill this requirement, a warrant would be issued for his arrest and he would serve the jail time. I felt that the sentence was fair and just because it held the Defendant accountable and also gave him the opportunity to lessen the severity of the sentence by attending the driver’s safety education classes which might help him become a more mindful and safer motorist.  

I was particularly moved by the Judge’s comments before sentencing. He said that he “could not imagine the pain and suffering that both parties have experienced as the result of the Defendant’s negligent behavior”.

Client 2:  I was very satisfied that in my case, the criminal process was effective and the outcome of the court process was acceptable. I was satisfied with both the verdict and the punishment that was handed out to the Defendant.  

I was very nervous about being in court and seeing the Defendant and her parents. I was glad to have my attorney there to be my guide and spokesperson. In court, the Judge seemed to be very professional, however, very personable and understanding. My attorney was able to make a statement on my behalf prior to the handing down of the verdict. I was very surprised when the Defendant asked to make a statement. The Judge allowed her to speak and then she turned to me and said, "…I want to apologize for what I did to you. I'm sorry". I accepted her apology and forgave her. Justice was served! The system worked!

Client 3:  Prior to engaging an attorney, I was confused and frustrated because I did not understand the process and I was overwhelmed by uncertainty.  After the process was in the hands of an attorney, I was able to stop worrying. The court process was re-assuring because it allowed me and my attorney to provide input to the Judge and DA.  I felt that it gave me some semblance of recovering control over my life and made it easier for me to move on.  I was interested in seeing that justice was done. However, I did not feel that seeing the Defendant in court made any difference because the Defendant, while responsible, did not hit me intentionally or with malice. I was only seeking justice in the sense that the Defendant be held accountable in light of his previous driving record.

I am satisfied with the sentence the Defendant received.  However, I am skeptical that this sentence will prevent the Defendant from driving again without a license, in an uninsured motor-vehicle and perhaps committing another offense.

It was particularly frustrating that the system does not allow for the verification of the Defendant’s residence status in this country.  Therefore, I suspect that this may just produce a series of offenses and sentences.  It seems to me this is a waste of time and resources, not to mention the potential human misery and damage caused along the way.

MMH: What are your post-court observations?  What advice would you give other cyclists facing similar circumstances?  Was it a waste of your time?

Client 1: In my opinion, the court process was valuable on several levels and was, therefore, time well spent. Participating in the court process:

  • defused my pent-up chaotic emotions about the motorist and the incident,
  • gave me an opportunity to voice my concerns to the court and the Defendant,
  • gave me an opportunity to offer input to the Judge before sentencing, and
  • allowed me to see the Defendant as a fellow human being who had tragically made the mistake of behaving in a negligent and careless manner, rather than a mean-spirited enemy of human kind.

I strongly encourage any cyclist who finds themselves in a similar circumstance to participate in the criminal justice system. For me, it was an important part of the complex physical, emotional, mental, and spiritual healing process.

Client 2:  I am thankful that I am back on my bike training for the spring race season and that I was not injured more seriously. I do tend to look over my shoulder more and I am less trusting of motorists. I encourage all cyclists who are involved in an accident to file a police report, obtain names of witnesses, and get a lawyer that has experience with bicycle-related cases.  Not only will an attorney guide you through the criminal justice system, but also through the bureaucracy of insurance companies. I would have been lost without my attorney and greatly appreciated her direction through this process.

Client 3:  My advice is to get an attorney to represent you because it is almost a full-time job just dealing with the injuries.  Trying to navigate the criminal justice system and deal with insurance companies on your own is overwhelming.  I tried to do it until I realized that it was way over my head and was more stress than I could manage.  In my opinion, the entire process is an inefficient use of time because it takes time from leading a normal life.  However, it is not a waste of time in the sense of meting out and receiving justice. 

By Megan M. Hottman – edited by Michael P. Colchin

A Quick Review of Important Auto Insurance Coverage For Cyclists

Right now, go get your auto policy “DEC” page(s).  Seriously.  I’ll wait.  Go get it.  This is the page that comes on the front of your policy; it line items your coverage and premiums page per item.  Grab the DEC page for each vehicle/scooter/motorcycle you own, as well as those for any “resident-relatives” with whom you share your residence (typically defined as related by blood or marriage).

            We are looking for two specific types of coverage that come up in almost every case involving a cyclist injured by a motorist (i.e. there is at least one motor vehicle involved).  We are looking for MPC (med pay coverage) and UM/UIM (uninsured/underinsured coverage). 

            I hope you find that on each policy, you do in fact have MPC and UM/UIM coverage.  If you do not, please call your agent to discuss your options.  Here’s why: 

            MEDPAY coverage –provides medical benefits coverage in any accident involving a motor vehicle, regardless of fault.  It usually costs $2-4 per month, and it provides you $5,000 (typically, though it can be more) in medical benefits.  This can cover copays or health insurance deductibles, as well as medical bills from the ambulance or emergency room.  Your massage, chiropractor, acupuncture, dry needling bills can all be covered too.  Any medical expense you incur from the accident is covered, so long as it is medically necessary and reasonable, up to the policy limits. 

            UM/UIM coverage – if you are hit by a car while riding your bike and the car drives off (aka, a hit-and-run), your Uninsured motorist coverage kicks in.  If you are hit by a motorist with minimal insurance coverage (i.e. $25,000, the minimum coverage required in Colorado) and your damages far exceed those limits, you would first recover policy limits from the driver’s insurance company and then you would pursue a UIM (under-insured) claim with your own auto insurer.  This can be critical, as often in cyclist-motorist collisions, the cyclist suffers extensive bodily injury and incurs very high medical bills.  As a result of their injuries they may also miss a lot of work.  UM/UIM coverage will pay for things like medical bills, lost wages, pain and suffering, and more. 

            In addition, if you want to increase possible coverage, for these or any other claims you may be filing, you can add an “umbrella” policy to all of your existing policies.  To add an additional $1 million in insurance protection will run around $300 per year.  This will stack on top of any automobile or homeowner coverage you have on your existing policies.  In the event of a catastrophic accident involving a cyclist who incurs permanent and life-altering injuries, these umbrellas can be the difference between getting back on one’s feet financially, and filing bankruptcy resulting from the medical bills. 

            Call your agent to review your policies and discuss options.  Keep in mind it is up to the cyclist (or policyholder) to initiate the above claims with the auto insurer.  These claims should be opened as soon after the accident as possible, to prevent any possible denial from the insurer due to delay or failure to provide adequate notice of the accident.  If you plan to hire an attorney, let them initiate these claims on your behalf.

            One final note: If each vehicle is listed on a separate policy and you pay a separate premium, your policies can be “stacked” pursuant to Colorado law.  This means that if you have 3 cars, each with a separate policy and premium, your $5000 MPC coverage may triple to $15,000, for example.  Often, insurance companies will include anti-stacking language in their policy.  It may or may not valid under Colorado law.   A thorough review of your entire policy is often needed to determine coverage applicable to the circumstances.

 

For more insurance coverage information, please refer back to an earlier article I posted: http://303cycling.com/what-cyclists-should-know-about-insurance