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Legally Speaking BY BOB MIONSKE
The information provided on this site is not legal advice. The information provided on this public web site is provided solely for the general interest of the visitors to this web site. The information contained in the column applies to general principles of American jurisprudence and may not reflect current legal developments or statutory changes in the various jurisdictions and therefore should not be relied upon or interpreted as legal advice. Understand that reading the information contained here does not mean you have established an attorney-client relationship with attorney Bob Mionske. Readers of this information should not act upon any information contained in the web site without first seeking the advice of legal counsel. Legally Speaking- Good night and good luckThursday, February 05, 2009’The first time I saw a copy of VeloNews, it was still a newspaper. It was the early 80’s and I had just ’discovered’ the sport. A friend had an extensive collection of VeloNe...Legally Speaking- Stop As YieldThursday, January 22, 2009Ask any motorist what irritates them most about cyclists, and you’re likely to get an earful about cyclists who behave as if stop signs and red lights don’t apply to them. It’s a so...Legally Speaking- Turning with a blind eyeThursday, January 08, 2009Ghost bike: A memorial in honor of Tracey Sparling. Tracey Sparling, a 19-year old student at the Pacific Northwest College of Art, was returning to campus after a lunch-break trip to her apartme...Legally Speaking- The 1-Mile SolutionWednesday, December 31, 2008What if there was something you could do to improve your health and fitness, save money, reduce our dependence on foreign oil, improve air quality, and reduce your carbon footprint, all at the same...Legally Speaking-- A cyclists' Bill of RightsWednesday, December 24, 2008“Gaining the right to the road was the cycling cause of the late nineteenth century; securing that right will be the cycling cause of the early twenty-first century.” Those were my ...Legally Speaking-- Death, taxes and...free riders?Friday, December 19, 2008Benjamin Franklin once observed that there is nothing certain in this world but death and taxes. In our own time, we’ve observed that when it comes to the subject of cyclists, it’s all but...Legally Speaking - Can't we all just get along?Thursday, December 11, 2008If you’re one of those readers who reads a book from cover to cover, you may have noticed that in the acknowledgements for Bicycling & the Law, I thanked Cronometro, the Madison, Wisconsin s...Legally Speaking - The real daily distractionFriday, December 05, 2008A few weeks ago (see Can’t we do better?), I posed the question “What do you think can be done about cyclist safety?” in response to a question from C.S., who asked We as a club a...Legally Speaking - A time for thanksThursday, November 27, 2008As Americans pause to give thanks at the beginning of this holiday season, it’s a good time for us to look past some of the outrages we’ve experienced this past year and reflect on what we...Legally Speaking - Can't we do better?Thursday, November 20, 2008Two weeks ago, I wrote about the collision that hospitalized Dr. Ed Farrar (see Yet another collision). Since then, I’ve received a letter I’d like to share. First, C.S. wrote in to say: ...Legally Speaking - Yet another collisionThursday, November 06, 2008Dr. Ed Farrar Last week, I wrote “we all feel the pain when one of our own is injured.” As I wrote those words, one of our own, Dr. Ed Farrar, lay in critical condition at Central Washing...Legally Speaking - The aftermathThursday, October 30, 2008I had just arrived in New York to visit Diana and we were finishing up a beautiful ride. I remember asking Diana how much further because the hunger pains were beginning to set in. It was only going t...Legally Speaking - The brutality of the buzzThursday, October 23, 2008I’ve often written in this column with my perspective on the aftermath of bike-on-car collisions. This week, I’ve got a different perspective to share - the perspective of a cyclist who wa...Legally Speaking - Choice of lawThursday, October 16, 2008One of the important skills lawyers-in-training (a.k.a. "law students") learn in law school is the ability to argue either side of a case. That can be tough for the average non-lawyer to wra...Legally Speaking - A Tale of two cities ... andFriday, October 03, 2008Linda Willsey distinctly remembers the moment: She was on her bike, riding home from work, when the car door was flung open directly into her path. There was barely time to yell “No!” befo...Legally Speaking - Readers thoughts on road rageFriday, September 19, 2008Dear Readers, This week, I’ll be sharing some reader responses to my recent columns on road rage (See Bikes vs. cars, Summer of rage and More rage). But first, as noted last wee...Legally Speaking- More RageFriday, September 12, 2008Dear Readers, I’m going to take the unusual step of starting with the subject with which I usually close my columns. I would like to invite those of you can attend to visit with me at my n...Legally Speaking - Summer of RageFriday, August 29, 2008In my last Legally Speaking column, Bikes vs. Cars, I recounted some of this summer’s more egregious road rage incidents between motorists and cyclists, all of which happened in rapid-fire succe...Legally Speaking - Bikes v. CarsFriday, August 15, 2008To the casual observer, it may seem as though tempers have been rising along with the temperatures this summer, but as we’ll see, we know that the summer heat has nothing to do with it. Ne...Legally Speaking - Where's The Justice?Friday, August 08, 2008Bob, It is difficult to express my outrage after verifying the facts of the Autumn Growhowski story. I find the collision (it should never be called an "accident") terrifying, and the resul...Legally Speaking - When justice failsFriday, July 25, 2008Nineteen-year-old Autumn Grohowski was on her cell phone with her dad, just letting him know she would be home soon. It was June, a summer night in Lebanon, Pennsylvania, and Autumn was approaching th...Legally Speaking - A question of liabilityThursday, July 10, 2008Bob, We have a little ride in Iowa called RAGBRAI (Register’s Annual Great Bike Ride Across Iowa). A few years ago a cyclist hit a centerline crack and died. The widow sued the county, and a se...Legally Speaking - Two-by-twoFriday, June 27, 2008Dear Bob, In Eau Claire, Wisconsin, during a ride on the last Friday of last month, 17 cyclists were ticketed for violating the two abreast statue by claims that they were impeding traffic. The ticket...Legally Speaking - Your papers, pleaseThursday, June 19, 2008Dear Readers, ( Two weeks ago, in From Dodge to Tombstone, we had a letter from a reader in Fort Collins, Colorado, who wrote to ask about the interpretation of Colorado’s two abreast law being...Legally Speaking - Talking in DodgeThursday, June 12, 2008Dear Readers,( The response to From Tombstone to Dodge has been tremendous, some favorable, some not-so-favorable. So although I intended to discuss two more issues this week that were raised by Lari...Legally Speaking - From Tombstone to DodgeTuesday, June 03, 2008Dear Readers, This past week, I received several emails from cyclists in Colorado regarding enforcement of the two-abreast law by the sheriff of Larimer County. This is the first time in recent memor...Legally Speaking - Nations within nationsThursday, May 22, 2008Bob, My question about the Shootout is that while the Tohono O’Odham deputy loves to enforce some tribal statute that I have never been able to find that requires single file riding, shouldn&rs...Legally Speaking - Rights and responsibilitiesThursday, May 08, 2008Bob, I just got done reading your April 24th column on the Arizona Shootout Bike Ride . Let me say right off, that the Pima County Sheriff’s deputy’s actions were completely wrong. It&rsq...Legally Speaking - Shootout at the UA CorralThursday, April 24, 2008Dear Readers,( Wyatt Earp tried his hand at many things in his long and colorful life; at various times he worked as a farmer, teamster, buffalo hunter, saloon-keeper, gambler, and miner, among his m...Legally Speaking- Blaming The VictimThursday, April 10, 2008By Bob Mionke Legally Speaking with Bob Mionske – Blaming the victim Published Apr. 10, 2008 on VeloNews Bob, Thank you for an outstanding article on the facts and media bi...Legally Speaking - Mo' Birdman Fo' Y'allThursday, March 27, 2008Bob, I was talking to a cycling friend today and telling him how my riding had been going and happened to mention an accident I was in while riding a couple of weeks ago. He laughed and said he was j...Legally Speaking- Questions about the Cupertino crashWednesday, March 19, 2008By Bob Mionske Legally Speaking with Bob Mionske- Questions about the Cupertino crash … Published Mar. 19, 2008 Dear Readers; Tragedy struck the San Francisco...Legally Speaking - Red light, green lightSaturday, January 12, 2008Dear Readers, The subject of group rides and traffic signals just keeps rolling along. Several weeks ago, we had a letter concerning a group ride that always seems to get caught in the inters...Legally Speaking - Riders' responsibilitiesFriday, January 04, 2008Dear Readers, A few weeks back, we had a letter from E.W. concerning a group ride that consistently gets caught in the intersection on a short-cycle traffic light (See "One single (group...Legally Speaking - A fatal bias?Thursday, November 08, 2007Dear Bob, Thank you for penning the column. I read with interest your notes on cycling deaths. You raise an interesting point: many cycling deaths result in no criminal legal accountability. I think ...Legally Speaking - The lawful (?) orderThursday, October 25, 2007Dear Readers; It’s been a beautiful autumn here lately; blue skies, sunny days, the leaves turning beautiful hues of yellow, orange, and red before falling. The leaves haven’t been alone ...Legally Speaking- Deliverance of the bird manThursday, September 13, 2007Dear Bob, I thought you might like to address this in your column. We were on a group ride in deepest darkest West Virginia and a car passed with oncoming traffic, mere inches from our handlebars.Thi...Legally Speaking- Crossing GuardThursday, September 07, 2006Dear Bob, I don't remember if you've covered this question. This has come up a number of times in our club lately. Is it legal to ride across an intersection in the crosswalk? Are you c...Legally Speaking- To impede or not to impedeThursday, April 20, 2006By Bob Mionske Legally Speaking – with Bob Mionske: To impede or not to impede, that is the question Published Apr. 20, 2006 on VeloNews Dear Bob: I have the good fortu...Legally Speaking- Attack of the killer garage door- Part IIIThursday, February 09, 2006By Bob Mionske Legally Speaking – with Bob Mionske: Attack of the killer garage door – Part III Published Feb. 9, 2006 on Velonews Dear Readers; Recently, S.S., an attor...Legally Speaking- Garage v. Roof Rack, Part IITuesday, January 31, 2006By Bob Mionske Legally Speaking – with Bob Mionske: Garage v. Roof Rack, Part II Published Jan. 31, 2006 by VeloNews Dear Readers; In my most recent column, S.S., a Ten...Legally Speaking- Is it my garage or my car thats at fault?Thursday, January 19, 2006By Bob Mionske Legally Speaking – with Bob Mionske: Is it my garage or my car that’s at fault? Published Jan. 19, 2006 on VeloNews Dear Bob, I am an attorney and...Legally Speaking- A Victim of CircumstanceThursday, December 22, 2005Published Dec. 22, 2005 By Bob Mionske for VeloNews Dear Bob; I was involved in an accident on my bike. I swerved to avoid a crazy cab driver and ran into a pedestrian and knocked...Legally Speaking- The Perfect StoneThursday, October 06, 2005Published Oct. 6, 2005 By Bob Mionske for VeloNews Hi Bob, Occasionally while riding on the road, a rock will go sailing from the sidewall of my tires to a car driving next to me....Legally Speaking- The right to go from point 'A' to point 'B'Thursday, September 02, 2004By Bob Mionske Posted Sep. 2, 2004 Dear Bob,( I am curious what you think of the recent Toronto court decision thatthe City of Toronto owed cyclists a duty of care to maintain a safe...Legally Speaking- You gotta fight for your right to sloooow downFriday, January 30, 2004By Bob Mionske Legally Speaking – with Bob Mionske: You gotta fight for your right to slooooow down Published Jan. 30, 2004 on Veloews Dear Readers, In this weeks colum...Legally Speaking- Taking the law into your own handsThursday, December 04, 2003By Bob Mionske Posted Dec. 4, 2003 A while back I answered an inquiry posed by a New York reader who saw someone riding a bicycle that had been stolen from him earlier (see "Legally...Legally Speaking- My Stolen BicycleThursday, September 25, 2003By Bob Mionske Posted Sep. 25, 2003 Legally Speaking - with Bob Mionske: My stolen bicycle Dear Bob;( A year or so ago, my apartment was broken into, and my bicycle wasstolen. ...Legally Speaking- Is There A Right To Bike?Thursday, September 18, 2003By Bob Mionske Posted Sep. 18, 2003 Dear Bob,( Last week, a city commissioner in our town was quoted as saying that “there is no constitutional right for bicycles to use the st...Legally Speaking - Drunk Cyclist-dot-BustedThursday, May 15, 2003By Bob Mionske Posted May. 15, 2003 Dear Bob;( Here’s an odd one for ya: Can someone get their driver’s license revoked for cycling while drunk? Is it illegal and, if so, wh...Legally Speaking- Applying For A P-1 VisaThursday, January 09, 2003By Bob Mionske Posted Jan. 9, 2003 Legally Speaking - with Bob Mionske Greetings Mr. Mionske,(I am a professional triathlete here in the U.S. I am Brazilian and moved here about two ye...Legally Speaking- Rumble Over Rumble StripsThursday, January 09, 2003By Bob Mionske Posted Jan. 9, 2003 Legally Speaking - with Bob Mionske Hi Bob;( You may have followed the controversy in Colorado over center-line milling for rumble strips in ...Legally Speaking- Quicksilver DownThursday, January 02, 2003By Bob Mionske Posted Jan. 2, 2003 Legally Speaking - with Bob Mionske Dear Bob,(I am a bicycle messenger in Chicago. Last year I was injured while making a delivery (I fell while ...Legally Speaking- Implied-But Unauthorized-EndorsementThursday, January 02, 2003By Bob Mionske Posted Jan. 2, 2003 Legally Speaking - with Bob Mionske (Dear Mr. Mionske( I am a professional triathlete and have a question about a company using my picture in...Legally Speaking- Too Late To Settle Up?Thursday, December 26, 2002By Bob Mionske Posted Dec. 26, 2002 Legally Speaking - with Bob Mionske Too late to settle up?( Hi Bob( I was injured when a car pulled out in front of me while I was ridin...Legally Speaking- Not DepreciatedThursday, December 26, 2002By Bob Mionske Posted Dec. 26, 2002 Legally Speaking - with Bob Mionske Dear Mr. Mionske, My bicycle was totaled when it was run over by a truck. I was ...Legally Speaking- The Lunatic FringeThursday, December 19, 2002By Bob Mionske Posted Dec. 19, 2002 Legally Speaking - with Bob Mionske Attorney Bob Mionske handles sports-related legal issues. Mionske invitesreaders to submit legal questions f...Legally Speaking- ContractsThursday, December 19, 2002By Bob Mionske Posted Dec. 19, 2002 Legally Speaking - with Bob Mionske Attorney Bob Mionske handles sports-related legal issues. Mionske invitesreaders to submit legal questions f...Legally Speaking- Less-Than-Adequate CoverageThursday, December 12, 2002By Bob Mionske Posted Dec. 12, 2002 Legally Speaking - with Bob Mionske This is part two in the first of what will become a regular column on VeloNews.com from attorney Bob Mionske...Legally Speaking- K-9 EncounterThursday, December 12, 2002By Bob Mionske Posted Dec. 12, 2002 Legally Speaking - with Bob Mionske This is part one of the first in what will become a regular column on VeloNews.com from attorney Bob Mionske... |
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