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Archive for Tuesday, January 17, 2012

Lawrence man ticketed after clipping elbow of bicyclist

January 17, 2012

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A rural Lawrence man was ticketed Monday afternoon after he clipped the elbow of a bicyclist while trying to pass a group of riders south of Lawrence.

Sgt. Steve Lewis, a Douglas County Sheriff’s spokesman, said the cyclist, Michelle Jensen, 36, of Lawrence, had a possible injury but was not taken to the hospital from the scene.

The incident occurred at 2:50 p.m. Monday in the 900 block of County Road 458 southwest of Lawrence. Ronald Wilson, 63, the driver of a 1987 Chevrolet pickup truck, was attempting to pass a group of four cyclists while headed east, but the truck’s side mirror struck Jensen’s left elbow.

Lewis said Wilson was cited for passing on the left with insufficient clearance.

Comments

earlphoto 2 years, 3 months ago

It makes no sense to allow cycles to ride two abreast in one breath and then take that away by stating that if a cycle is on a road in which it is moving slower than other traffic, cyclists shall ride single file. I can't think of many situations in which bikes wouldn't be moving slower than other vehicular traffic. If it were interpreted and enforced this way, it would render K.S.A. 8-1590 (1)(c) a nullity.

Earl Richardson

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earlphoto 2 years, 3 months ago

jafs:

Here's what the legislature has to say on the issue:

Kansas Statute 8-1590:

Riding on bicycles or mopeds; riding on roadways and bicycle paths. (a) Every person operating a bicycle or a moped upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as near to the right side of the roadway as practicable, except under any of the following situations when:

(1) Overtaking and passing another bicycle or vehicle proceeding in the same direction; (2) preparing for a left turn at an intersection or into a private road or driveway; or (3) reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving bicycles, bicycles, pedestrians, animals, surface hazards or narrow width lanes that make it unsafe to continue along the right-hand edge of the roadway.

  (b)   Any person operating a bicycle or a moped upon a one-way highway with two or more marked traffic lanes may ride as near to the left side of the roadway as practicable.

  (c)   Persons riding bicycles upon a roadway shall not ride more than two abreast, except on paths or parts of roadways set aside for the exclusive use of bicycles.

  (d)   Wherever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.

  (e)   For purposes of this section, "narrow width lane" means a lane that is too narrow for a bicycle and a vehicle to travel safely side-by-side within the lane.

  History:   L. 1974, ch. 33, § 8-1590; L. 1995, ch. 188, § 7; July 1.

If you're riding two abreast, as near as practicable does not mean single file. It would mean that if you're riding two abreast, you should really tighten up your group. I don't have any case citations to support either the single file or two abreast argument. I'll look for them. Think about it, the statute allows riding two abreast. If the legislature had meant single file, they would have likely specifically stated it. It makes no sense to allow cycles to ride two abreast in one breath and then take that away by stating that if a cycle is on a road in which it is moving slower than other traffic, cyclists shall ride single file. They're just contradictory if read it in that fashion. Just a reading of the statute and experience and training with statutory interpretation in a previous career leads me to the logical conclusion that the person at the DL is wrong. A an aside, I practiced law for several years before returning to my previous vocation. I'm guessing that the DL person is only repeating what a supervisor has told them, which seems to be directly at odds with the statute.

Look around DgCo. I know of at least one location (just north of Vinland) where single file riding on bikes and motorcycles is required. If single file was the law, there would be no need to post such sign.

Earl Richardson

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jafs 2 years, 3 months ago

For anybody that's stayed with this conversation, according to someone at the DL bureau, I am correct.

When riding on a highway slower than the speed of traffic, cyclists are supposed to ride single file as far to the right as practicable - riding 2 abreast in that situation is incorrect.

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geoismeo 2 years, 3 months ago

I hate bicycle riders over the age of 16.

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earlphoto 2 years, 3 months ago

Juma, I'm a cyclist and I pay taxes on my business, three cars and two pieces of real estate (houses). Is that enough in the way of taxes to satisfy you? Your argument is not a winner. Most everyone I ride with payes plenty of taxes. So, most of cyclists are not guests on the road.

Earl Richardson

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juma 2 years, 3 months ago

I am not against the cyclists and believe that all should have to right to travel as he/she pleases. But, do remember that roads are paid by taxes and a big part of that tax comes from the fossil fuels that cars burn; not bicycles. So who is the guest?

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FalseHopeNoChange 2 years, 3 months ago

People shouldn't ride bikes around speeding cars. They could get hurt.

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FalseHopeNoChange 2 years, 3 months ago

People shouldn't ride bikes around speeding cars. They could get hurt.

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earlphoto 2 years, 3 months ago

I meant to say I sure hope me or my family never meets you on the road. On a bike or in a car.

Earl Richardson

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Pastor_Bedtime 2 years, 3 months ago

The good ole' boys often view themselves as guardians and enforcers of "their" roads and lifetstyle. They are threatened by the mere sight of a cyclist, who represents a lifestyle and priorities far different than what they can achieve from their pickup trucks. Through road rage and intimidation they wish to act as gatekeepers and to dominate those around them. The victim here should pursue punitive damages from this twit, and his license should be permanently revoked.

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Kaibab 2 years, 3 months ago

Yeah, welcome to the LJW forums, home to some of the most self-centered, oblivious posters online.

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earlphoto 2 years, 3 months ago

Wow. Some of you have an amazing disregard for your fellow man and the law (as well as no knowledge of Kansas Statutes). It leaves me gobsmacked. I sure hope me or my family ever meets you on the road. On a bike or in a car. Earl Richardson

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KELVISA 2 years, 3 months ago

Don't get me wrong. I treat them with respect as do a lot of drivers. But you have those drivers that don't treat bikers or other vehicle drivers with respect. I am just saying that we all should be aware of others on the road no matter what you drive. If you are on a bike you don't have that protection around you like a vehicle. And no I'm not dense just wanted to put some thoughts out there. If you have ever come up to an accident on the highway where the biker, rather motorcycle or cyclist has been hit you look at things differently. I ride a motorcycle and I am always watching out for the fool on the road that thinks he is bigger and bader expecially if he is honking at me. Doesn't make it right, just makes me aware.

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bd 2 years, 3 months ago

jUST FRICKIN GET IN SINGLE FILE WHEN YOU ARE APPROACHED FROM THE REAR BY A FASTER VEHICLE! tHAT IS ALL WE ASK!

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KELVISA 2 years, 3 months ago

I think this was tragic and could have been avoided by just driving on the other lane. But I do come accross riders that are not two and will not move. If bikers want to be treated like vehicle drivers then they should follow the rules like drivers. I think you should get license for your bikes and start paying for some of the road repairs like the vehicle do. Also think if you are going to be out highways and roads over 45 you should get insurance. We used to have to get bike license when I was a kid. If the state would get $5 for each bike a year on the highway then maybe they could put in a bike lane.

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Horace 2 years, 3 months ago

By and large, cyclists are a public nuisance. A bunch of grown men wearing jester outfits who think they're Lance Armstrong and own the road.

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earlphoto 2 years, 3 months ago

For at least 15 seconds as he approached he honked his horn continuously. We were riding in a tight group and we waved him around. As he approached us he moved ever so slightly to pass us. When he passed us he was merely inches away from the rear cyclist in the 4-person group. He moved close as he neared the front cyclist and struck her. At this point we were traveling at about 25mph and he was well above that. He essentially committed an assault with a deadly weapon. And he did all of this with an entire lane and a half in which to pass. I'm still shaking my head at his stupidity and disrespect for human life. As an aside, as two of us rode in single file, we were buzzed by a large Jeep, honking and screaming. They passed within a foot or so. Again, with an entire lane to the left in which to pass with no oncoming traffic. There are certainly some sick folks out there who don't care if they kill a cyclist. And it seems to be getting worse.

Earl Richardson

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broddie 2 years, 3 months ago

@earlphoto: Can you be more specific in your description of the incident, since you were a witness? "Stopped after he buzzed?" I don't think anybody reading this has any idea what you mean. By "buzzed" do you mean "honked the horn?" If that's the case, then I can sort of picture it. He slowed down behind the group rather than passing normally, honked angrily and then sped up and purposefully clipped the cyclists. Can you tell us how fast he was going when he passed you?

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its_just_math 2 years, 3 months ago

I usually take up for cyclists, but I must say, I've seen some stuff on Hwy 32 that makes me think some cyclists are pushing their luck.....on other back roads too like Golden Rd. or other county paved roads. Are they being vindictive toward motorists? Daring them so to speak? It's been that stupid.......groups of 6-7-8 or more wandering all over the place. Best thing is slow way way down and get way way over for these primadonnas (some of them).

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smitty 2 years, 3 months ago

coinidinks abound....is this the correct Ron Wilson? Go figure! LE from the fop get no designated drivers after drinking nor DUI tickets but..........Would the ticket have ever been issued if the law suit did not exist against the FOP firing range? lol

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Cant_have_it_both_ways 2 years, 3 months ago

I'll bet they were riding 2 abreast, got his tag number and lied to the cops. I seldom see cyclists riding single file on county roads unless they are by themselves.

If you can't do the speed limit, then stay off the highways. If you choose to take a knife to a gunfight, then you get what you get.

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OnAir 2 years, 3 months ago

Time to see if our prosecutor is going to finally do something to protect cyclists....

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Norma Jeane Baker 2 years, 3 months ago

Yes, please let us know which statute he was cited for. Is Michelle okay?

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csoul 2 years, 3 months ago

Was Wilson cited for violating the 3-plus-foot passing law (8-1516)? Or is "passing on the left with insufficient clearance" a different statute?

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