Article Archive:

2009 (3)

2008 (32)

2007 (4)

2006 (5)

2005 (2)

2004 (2)

2003 (9)

2002 (6)

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 luck

Thursday, 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 Yield

Thursday, January 22, 2009

Ask 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 eye

Thursday, January 08, 2009

Ghost 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 Solution

Wednesday, December 31, 2008

What 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 Rights

Wednesday, 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, 2008

Benjamin 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, 2008

If 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 distraction

Friday, December 05, 2008

A 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 thanks

Thursday, November 27, 2008

As 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, 2008

Two 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 collision

Thursday, November 06, 2008

Dr. 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 aftermath

Thursday, October 30, 2008

I 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 buzz

Thursday, October 23, 2008

I’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 law

Thursday, October 16, 2008

One 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 ... and

Friday, October 03, 2008

Linda 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 rage

Friday, September 19, 2008

Dear 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 Rage

Friday, September 12, 2008

Dear 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 Rage

Friday, August 29, 2008

In 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. Cars

Friday, August 15, 2008

 To 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, 2008

Bob, 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 fails

Friday, July 25, 2008

Nineteen-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 liability

Thursday, July 10, 2008

Bob, 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-two

Friday, June 27, 2008

Dear 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, please

Thursday, June 19, 2008

Dear 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 Dodge

Thursday, June 12, 2008

Dear 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 Dodge

Tuesday, June 03, 2008

Dear 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 nations

Thursday, May 22, 2008

Bob, 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 responsibilities

Thursday, May 08, 2008

Bob, 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 Corral

Thursday, April 24, 2008

Dear 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 Victim

Thursday, April 10, 2008

By 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- The Birdman Letters

Thursday, April 03, 2008

By Bob Mionske Bob, After reading your most recent “Legally Speaking with Bob Mionske – Mo’ Birdman Fo’ Y’all” and the earlier “birdman case,&rdqu...



Legally Speaking - Mo' Birdman Fo' Y'all

Thursday, March 27, 2008

Bob, I was talking to a cycling friend today and telling him how my riding had been going and happened to mention an incident I was in while riding a couple of weeks ago. He laughed and said he...



Legally Speaking- Questions about the Cupertino crash

Wednesday, March 19, 2008

By 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 light

Saturday, January 12, 2008

Dear 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' responsibilities

Friday, January 04, 2008

Dear 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, 2007

Dear 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 (?) order

Thursday, October 25, 2007

Dear 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 man

Thursday, September 13, 2007

Dear 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 handleba...



Legally Speaking- Too Close For Comfort

Thursday, January 18, 2007

By Bob Mionske Dear Bob, I am getting ready for the new season of racing and am planning out my training schedule in preparation for the spring races. My teammate and I want to work on our...



Legally Speaking- Crossing Guard

Thursday, September 07, 2006

Dear 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 impede

Thursday, April 20, 2006

By 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 III

Thursday, February 09, 2006

By 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 II

Tuesday, January 31, 2006

By 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, 2006

By 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 Circumstance

Thursday, December 22, 2005

Published 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 Stone

Thursday, October 06, 2005

Published 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, 2004

By 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 down

Friday, January 30, 2004

By 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 hands

Thursday, December 04, 2003

By 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 Bicycle

Thursday, September 25, 2003

By 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, 2003

By 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-Busted

Thursday, May 15, 2003

By 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- Close Ecounters of the Drafting Kind

Thursday, April 24, 2003

Legally Speaking – with Bob Mionske By VeloNews.com Published Apr. 24, 2003 Close encounters of the drafting kind By Bob Mionske Hey Bob, Can I get in any legal troub...



Legally Speaking- Applying For A P-1 Visa

Thursday, January 09, 2003

By 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 Strips

Thursday, January 09, 2003

By 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 Down

Thursday, January 02, 2003

By 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-Endorsement

Thursday, January 02, 2003

By 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, 2002

By 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 Depreciated

Thursday, December 26, 2002

  By 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 Fringe

Thursday, December 19, 2002

By 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- Contracts

Thursday, December 19, 2002

By 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 Coverage

Thursday, December 12, 2002

By 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 Encounter

Thursday, December 12, 2002

By 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...



News

Big Ideas: Idaho stop is one hot potato

June 13, 2014

The Toronto Star: Big Ideas: ‘Idaho stop’ is one hot potato A law to let cyclists treat stop signs a...

Police Use High-Tech Lures to Reel in Bike Thieves

May 27, 2014

The New York Times: Police Use High-Tech Lures to Reel in Bike Thieves By MATT RICHTEL MAY 27, 2014 SAN...

Hawaii Driver Allegedly Hits Bikers On Purpose At Bike Safety Ev

April 28, 2014

The Huffington Post: Hawaii Driver Allegedly Hits Bikers On Purpose At Bike Safety Event by James Cave Post...

Violent incident disrupts ride to promote bicycle safety

April 27, 2014

Hawaii News Now: Violent incident disrupts ride to promote bicycle safety Posted: Apr 27, 2014  Updated: Ap...


Announcements

Announcing The Bike Law Network!

March 19, 2014

By Bob Mionske When I wrapped up my cycling career in 1994, I knew I wanted to stay involved with cycling in som...

Welcome Bob Mionske to the Bike Law team!

January 28, 2014

Welcome Bob Mionske to the Bike Law team! We (Ann and Peter) are thrilled to welcome Bob Mionske to the Bike Law...