Tuesday, January 15, 2013

Bike Path Liability

...so typical of governments to not consider Cause and Effect.

And Coldstream has its own poorly-thought-out Bike Paths.
With plans for more.

But first, this compelling Letter to the Editor, about Vernon's bike paths, from January 13, 2013 in The Morning Star.

"I've had three occasions in the last year that could have in all likelihood ruined my life.  the most recent was travelling on Alexis Park Drive, heading north towards 43rd Avenue.  I apologize for sounding selfish in this regard because it could also, and more so, (have) ruined the lives of people I don't even know.  Actually, I'm still shaken from it.

"...a bike path that pretty much encourages kids to come out and play in high-density traffic."  G.Thomas

Two kids were riding their bikes on a bike path to the left of the parked cars.  Check it out yourself.  The sidewalk, of course, is where these kids should be on their bikes.  However, I passed one.  The one in front inadvertently nipped the mirror of a parked car, overreacted and was in my traffic lane.

I was fortunate for no oncoming traffic.  I veered to the left and missed hitting this child.  If there was oncoming traffic, there would be a collision to avoid hitting this kid.

Not myself or anyone else could prognosticate the potential horror of this, all because of a bike path that pretty much encourages kids to come out and play in high-density traffic.

The next incident involved an adult biker close to a turning lane off 20th Street and 46th Avenue.  The actual bike lane here moved to a ramp toward a part of the sidewalk.  Instead, this person turned left next to a jut-out curb and right in front of me.  I was forced to jam my brakes.

I hope this city gets rid of bike paths, especially those to the left of parked cars.  The other hope is my conscience for at least trying to forestall the eventuality of a tragic accident given my close calls."
Gordon Thomas

Bike paths ARE dangerous, especially when constructed to the left of parking lanes, as shown in this photo from the U.S.A. 

Mr. Thomas explained the problem, and intersections pose danger too: 

The danger of right turns...

 And whatever happened to the tenet--learned many years ago from our parents when we were youngsters--to ride facing traffic, as in this example:



Ride facing traffic
Both the District of Coldstream and the City of Vernon, in their mad rush for bike paths to comply to the wish lists of senior bureaucrats in Victoria, have built--and are planning more--paths that carelessly place cyclists among traffic on poorly placed and haphazardly designed paths.


What if--in Mr. Thomas' case--there had been oncoming traffic and a collision had occurred?

Is the builder of the bike path liable for poor construction?
Is the child on the bike liable for the collision of Mr. Thomas and the oncoming car?
Is Mr. Thomas liable?  Consider that a court might argue Mr. Thomas could have--in a split-second decision of the "lesser of two evils"--opted to strike an oncoming car instead of hitting the child?


At a minimum...all bikes using bike lanes must be equipped with handlebar rear-view mirrors (on both handlebars), front and rear lights (LED-activated by pedal), AND that all bicycles using bike lanes must have liability insurance.

These are all factors that put our communities--and its residents who pay the bills--in jeopardy because of their planning deficiencies.

Cause and effect...entirely lost on consultants and bureaucrats.

The solution?
Better design with cause and effect in mind.

Don't build bike paths where cars are parked at the right (and DON'T try to fix that by eliminating curb-side parking!).   Bureaucrats in Victoria need to add "requirements" to the bike helmet rule:  that all bikes using bike lanes MUST be equipped with handlebar rear-view mirrors (on both handlebars), front and rear lights (LED-activated by pedal), AND that all bicycles using bike lanes MUST HAVE LIABILITY INSURANCE.  Quite the money-grab for ICBC, but it is necessary.

A couple of the most dangerous "designs" are:  the exit lane (from 25th Avenue onto Hwy 6 where cars have the non-stop merge lane, yet is crossed by a green-painted bike path...green naturally gives cyclists the "false assurance" they need not stop and look behind them for traffic turning right.  Another is at 25th Avenue and 34th Street, where cars and cyclists heading west "meet" if a car were to turn right.  Neither of these bicycle paths face traffic...which sadly resulted in a bicylist's death this year at the 37th Street intersection with 25th Avenue.

Coldstream's next bike path is its Phase II extension on Kidston Road.

Are planners looking ahead to preventing liability risks?  

"They can't see beyond their noses, so it's doubtful," offers Kia.

A sad case indeed...local governments heeding big government's wishes without sufficient forethought.
And sadder stories will come.

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