Article Archive:

2010 (17)

2009 (24)

ROAD RIGHTS 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.



Road Rights- Listen Up

Tuesday, August 24, 2010

Can you legally wear headphones while riding? The answer might surprise you. By Bob Mionske One of the more common negative cycling stereotypes is that of a tuned-out rider blissfully unaw...



Road Rights- The Messages We Send

Wednesday, August 18, 2010

If you ride near pedestrians, you may be doing the rest of us a disservice. By Bob Mionske I was returning from a ride, but one of my main routes home was closed for bridge repairs, so I ...



Road Rights- Keep Your Cool

Monday, August 02, 2010

How to handle an encounter when you’re unjustly pulled over By Bob Mionske Most people don’t follow traffic laws. Motorists speed. Cyclists roll stops. Pedestrians jaywalk. And...



Road Rights- Adding Bicycle Infrastructure Creates More Riders

Wednesday, July 07, 2010

By Bob Mionske “I was riding in Chinatown the other morning,” my law clerk explained. “It was a one-way street, two lanes, cars parked at the left and right curbs. They were n...



Road Rights- Buzz Kill

Thursday, July 01, 2010

Three foot passing laws aim to give cyclists space on the road- but do they work? By Bob Mionske One of the most contentious issues cyclists have with motorists is what many call the buzz&...



Road Rights- When Nature Calls

Friday, June 25, 2010

By Bob Mionske What to do when you’re out in public–and feel the urge Unlike most other sports, bicycling often takes place on the public commons of roadways, recreational pat...



Road Rights- An Illegal Bike Ban- And The Fight Against It

Thursday, June 24, 2010

By Bob Mionske 43,000. Each year, that’s how many Americans are killed by motorists. For obvious reasons (size, speed, weight) automobiles carry an extremely high potential for caus...



Road Rights: This is Justice?

Thursday, June 03, 2010

When a cyclist is killed by a driver, justice is nearly always stacked toward the driver. And in this case in Toronto, the scales were tilted even more than usual. By Bob Mionske On August...



Road Rights- Doggone It!

Monday, May 17, 2010

When chased, crashed or bitten by a charging canine, here’s where you stand By Bob Mionske EVERY CYCLIST HAS HAD A PIECE OF A DOG’S MIND AT ONE time or another. To a dog, you ...



Road Rights- When A Bigger Brother Is Better

Wednesday, May 12, 2010

State and Federal laws often have the cyclist’s back—especially when local laws don’t. By Bob Mionske Most cyclists, it seems, know more about traffic laws, and about th...



Road Rights- Kornheiser

Thursday, April 15, 2010

By Bob Mionske Imagine you’re listening to the radio one day, as you always do, and the radio personality is on a tear about how annoying the local softball league is. Those ridiculous j...



Road Rights- Two By Two

Thursday, April 15, 2010

How and when to ride side by side, legally By Bob Mionske For many cyclists, riding with others, whether on an outing with a friend or an organized ride, is one of the fundamental pleasur...



Road Rights- Airlines and Bikes

Tuesday, March 16, 2010

By Bob Mionske From time to time I get requests from cyclists who have reached the point of exasperation with an airline. The problem? An airline has accepted a passenger’s bike for trans...



Road Rights- Your City Versus My City

Wednesday, February 24, 2010

Suppose you were running a city, and you had the option to spend 5 percent of your transportation budget on transportation projects that would support 25 percent of all trips made. That’s an ...



Road Rights- Traffic Injustice, Part II

Monday, February 01, 2010

By Bob Mionske In November, I wrote the first of what I promised would be a two-part column on traffic injustice. Since then, breaking news on the situation in Philadelphia and the Los Angeles road r...



Road Rights- Cell Drunk

Tuesday, January 19, 2010

Drivers are increasingly impaired by phone calls and texts, and cyclists will pay the price until laws change Last July, Bradley Walck was reading a text message behind the wheel of his pickup when h...



Road Rights- Road Rage Doctor Going to Jail

Saturday, January 09, 2010

Dr. Christoper T. Thompson, a.k.a. “The Road Rage Doctor,” is sentenced to five years in prison for seriously injuring two cyclists in Los Angeles. By Bob Mionske Too often, cyclists rec...



Road Rights- Philly's Pushback

Monday, December 21, 2009

In October, two pedestrians died in Philadelphia after being hit by errant cyclists. Now, anti-cyclist sentiment is on the rise. A NOTE: Part Two of Traffic Injustice will be the next post on the Roa...



Road Rights- Crunch!

Tuesday, December 15, 2009

There is—or was—a bike on your roof rack. Will your insurance cover it? By Bob Mionske You enter your driveway and hit the garage-door remote, then hear the crash. After a nanosecond of ...



Road Rights- Traffic Injustice

Wednesday, November 18, 2009

This is the First of a Two Part Story By Bob Mionske Susanne Kibler-Hacker, 42, a highly-experienced cyclist, is the coordinator for New Hampshire’s ride-to-work days at her office. The mornin...



Road Rights- Justice Served?

Thursday, November 05, 2009

A road-raging doctor in Los Angeles received a guilty conviction this week, but will that effect cyclists in the long run? By Bob Mionske It was the road rage incident heard ‘round the cycling...



Road Rights- See and Be Seen

Friday, October 30, 2009

Light and reflector laws—and why you may want to do more than the law requires With night falling earlier and the sun rising later, many of us will do at least some riding in the dark. In Cali...



Road Rights- License to Ride

Monday, October 12, 2009

By Bob Mionske The transition from summer to autumn has been a tough time for Toronto cyclists this year. On August 31, bike courier Darcy Allan Sheppard was run down by a driver in what was apparent...



Road Rights- Turning Points

Monday, October 05, 2009

Cyclists are required to signal turns just as drivers are—or, rather, should. Specific turn laws vary by state, but the Uniform Vehicle Code (the UVC is a suggested set of traffic laws for state...



Road Rights- When Worlds Collide

Wednesday, September 16, 2009

A swift public relations campaign couldn’t save a successful Canadian lawyer from the fact that he ran down and killed a bike messenger. By Bob Mionske He was Metis, one of the officially reco...



Road Rights- Making Better Laws

Tuesday, September 01, 2009

Laws that don’t help anyone usually go unheeded. But a smart one, in Idaho, could provide a nationwide model. By Bob Mionske In the polarized world of cyclist-motorist interactions, one sore p...



Road Rights- Where You Belong

Monday, August 31, 2009

Cyclists have a right to the road, but where we should be on that road depends on state law and conditions. Generally there are bicycle-specific statutes requiring us to ride as close to the right as ...



Road Rights- More On Stop as Yield

Friday, July 31, 2009

We talked with the experts on the front lines of bicycle advocacy. Here’s what they have to say about getting an Idaho-style stop as yield law passed in your state. By Bob Mionske Andy Clarke,...



Road Rights- How Should You Respond to Road Rage?

Thursday, July 30, 2009

This is the second of a two-part post about Road Rage. In the first part Bob Mionske explained road rage from a legal perspective. In Part II, below, Bob suggests how to handle it. By Bob Mionske So...



Road Rights- A Stop-Sign Solution?

Tuesday, July 28, 2009

Idaho’s stop-as-yield statute lets you ride safely and efficiently—without breaking the law. For 26 years, cyclists in Idaho have rolled through stop signs—legally. According to tha...



Road Rights- What is Road Rage?

Thursday, July 23, 2009

This is the first of a two-part section on Road Rage. In this first part Bob Mionske explains road rage from a legal perspective - what it is, legally as well as psychologically, and how it affects cy...



Road Rights- When Tempers Flare

Tuesday, July 14, 2009

Five cyclists were on a country road when an SUV approached from behind. The driver blasted his horn as he buzzed the group. After he passed, one of the cyclists motioned for the driver to come back; ...



Road Rights- Yielding To Life

Friday, July 10, 2009

By Bob Mionske There are a lot of good reasons to ride a bike—among them, it’s good for your health, it’s good for your pocketbook and it’s good for the environment. In fact, ...



Road Rights- False Protection

Thursday, July 02, 2009

Is a law to protect cyclists rendered useless when it’s not enforced? By Bob Mionske In July of 2000, Brian Brown, then the director of the Campus Recreation Program at the University of Tenne...



Road Rights- Why We Need Cycling insurance

Monday, June 22, 2009

By Bob Mionske In 1898, Dr. Truman J. Martin of Buffalo, New York paid $11.25 for an insurance policy that provided him with up to $10,000 of liability coverage (about $250,000 in inflation-adjusted ...



Road Rights- Are You Covered?

Wednesday, June 17, 2009

Most cyclists’ greatest fear is colliding with a car. The danger is not as common as we might believe: Only 28.7 percent of cycling accidents involve an automobile, according to a Federal Highwa...



Road Rights- Cycling: A rIght, or a privilege?

Tuesday, June 02, 2009

By Bob Mionske Before I jump into this column, I’d like you to hear from a concerned fellow attorney, Jeffrey Lynne, who recently wrote to me and Loren Mooney, editor-in-chief of Bicycling. Lyn...



Road Rights- First, There was the Bicycle

Monday, May 11, 2009

Even before there were cars, traffic laws applied to cyclists. In most states, a bicycle is legally defined as a vehicle, and the law specifies that cyclists have the same rights and responsibilities...



Road Rights- When the Cop Says Stop

Wednesday, April 22, 2009

Yes, even the police are wrong sometimes. By Bob Mionske A few months ago, I received a phone call from a cyclist with an incredible story about an incident in Lawrence County, Ohio. Because the cyc...



Road Rights- Mixed Signals

Thursday, April 09, 2009

So many cyclists seem to think that it’s not worth the effort to come to a stop at signs and signals. I’m tired of seeing it, but they all say that it’s safer and easier to ride thro...



Road Rights- The Commuter Tax Benefit

Thursday, March 19, 2009

By Bob Mionske Eight years ago, representative Earl Blumenauer had an idea—if the law allows employers to offer tax-free fringe benefits to subsidize their employees who commute by car, or by t...



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News

Cyclists lobby Malibu for safety on highway

September 8, 2010

The Malibu Times: Cyclists lobby Malibu for safety on highway Wednesday, September 8, 2010 11:04 AM PDT The ...

Joyride: Bicycling Our Way to Safe and Splendid Communities

September 2, 2010

The Huffngton Post: Joyride: Bicycling Our Way to Safe and Splendid Communities My friend Mia Birk bicycled to m...

Gaining momentum

September 1, 2010

The Denton Record-Chronicle: Gaining momentum More than 2,000 people sign petition against Bartonville ordinan...

Porter: Confessions of an ex-warrior cyclist

August 31, 2010

The Toronto Star: Porter: Confessions of an ex-warrior cyclist Published On Tue Aug 31 2010 You probab...