Issue #8: Seekers

See Something: Conspicuity During Daylight

By Miles Cooper

Conspicuity: being clear, bright, conspicuous. Wise cyclists (or those simply concerned about legal compliance with lighting and reflector standards) worry about this at night, and take steps to make themselves visible. But what about daytime? As we find ourselves in Daylight Saving Time, there are far more daylight hours. Time to park those lights, right? Perhaps not. Before we get into this, let’s be clear: Cyclists have a fundamental right to use the roads, without strapping on protective armor, day-glo neon, or flashing lights. Yet we find that drivers are now more distracted than ever. Whether it is texting, social media scrolling, mind-bogglingly challenging vehicle control systems, or too-busy lives, drivers direct much of their attention toward matters other than driving.

Add to this the fact that humans perceive far less than what they see. Unless our minds are trained for it, when driving we pay attention to threats: other cars and trucks. This is why drivers frequently say, “I didn’t see the bicyclist/motorcyclist/pedestrian/child.” Their brain was not looking for it. How does one combat this? By creating visual stimulation that differs from the norm. High lumens (very bright) flashing lights — white for the front, red for the rear — are frequently already in a rider’s arsenal. Human factors — broadly the study of people’s perceptions and how people react — indicates that using your bright lights during the day is a very good way to draw drivers’ attention. Get noticed, don’t get hit. And that’s your conspicuous dose of conspicuity for today.

As cyclists, we shouldn’t have to be bright and conspicuous, but it helps.

E-bikes: get what you pay for

E-bikes are a fantastic way to get around. Unfortunately, for every well-made e-bike there are multitudes of cheap, dangerous pieces of crap. Crass language for a newsletter? Yes, and designed to get your attention. If you’ve got an e-bike and it did something odd — brakes felt weird, accelerated strangely, made odd noises, smelled funny while charging — it is time to dig a little to help make sure it is safe. It won’t take long.

1. Look up the make and model at the Consumer Product Safety Commission to see if any recalls have been issued.

2. Before the CPSC takes action, there are usually already bad things happening. A Google search for the make and model will frequently turn up chatter on message boards and places like Reddit. Failure trends frequently get identified here first. If there’s a lot of talk about your bike, take it into your local bike shop and check in with them about it.

3. You’re always free to check in with us at Bicycle Law to raise an issue and see if we’ve had any experience with it. We’re huge supporters of e-bikes, and huge supporters of safe e-bikes. If there’s a trend, we want to make sure the community knows about it before anyone gets hurt.

If you think you (or if you’re a lawyer, one of your clients) may have been hurt by a defective e-bike, reach out. We want to help.