Collisions: What to do when.....

Let me state at the outset, I have a back round in law enforcement. This has been mentioned previously. So if there is a perceived law enforcement slant, it isn’t intentional.

I just want anyone and everyone who rides or reads this to come back home alive and well after their ride.

Let's be clear on the words we use here, as the words are going to be critical in this blog entry as we continue on.

An accident is just that, an accident. You are hit by a falling meteor, that is an accident.

When two or more objects come together, that isn't an accident, that is a collision.  When a motorized vehicle and a cyclist make contact, that isn't an accident, that is a collision or incident.

• Ø  Was there a reason for the contact?
• Ø  Could it have been avoided by the parties involved?
• Ø  What’s the reason the collision occurred?
• Ø  Which party involved was at fault?
• Ø  Was there another mitigating factor involved?

In every collision there was a reason why it happened, therefore it was no accident, short of riding on a country road and you get nicked by that meteor we spoke of previously.

I refer back to the Four Core Principals of CAN-BIKE

            Manoeuvrability, Visibility, Predictability, and Communication

                                   Or

                    See,   Be Seen,  Be Heard,   Be Predicable 

Defensive driving, like defensive cycling is trying to predict what the other guy on the road is going to do, by their actions or inaction's, before they do it. Being able to act or react are the keys to arriving back home in one piece. Cycling isn't a place where you can jump on your bike, put your brain in neutral and go. Cycling is a thinking exercise, I would almost equate it to chess. If you watch the pro racers they have coaches who build strategies for a reason. The first person to the other end of the ride, still in the saddle wins it’s just that simple.

Starting from your residence, having a great ride and ending up where you planned, that is a win.

Planning is a safety thing, so when that collision does happen, then you need to know what to do.

A special thanks to Mr. Hay, a lawyer in Vancouver, who is also a cyclist, or should that read a cyclist who is a lawyer to support his riding habit. Either way he has published a list of Do's and Don'ts when it comes to what you do and do not do when involved in a collision.  He has allowed me to re-publish that list here.

Please take a look at the list, and remember as many as you can when the time comes.

Statistics say “A cyclist is involved in a minor event about once every three years and a major event once every ten years".

When I found that stat, I looked back over my riding years and figured I have better than the odd smackers said I would, but I also didn't kid myself, I know my time is coming at some point.

I want to add a little levity at this point because this is a sombre subject...

Someday my ship will come in... And with my luck I'll be at the airport !!

We can't control fate or our destiny, but we can make some preparation so and knowing what to do and what not to do makes good sense. 

Cycling safety isn't just knowing the rules of the road, and how to negotiate tight confines with confidence, skill and grace.  Safety is also thinking ahead a couple of moves on the chess board of traffic you are in, about to go into or through.

In my classes I joke about cycling being full contact, full combat, and the courses not being your mothers cycling course.  I, as an Instructor teach and expect the rider to think ahead.

I recall another saying about pilots, I believe it is; A superior pilot uses his superior ability and experience so he doesn't have to use his superior flying skills.

Cycling should be viewed in the same basic way. Using your ability and experience to see what is happening around you so you can act and be ready, therefore you don't have to use your superior skills learned and honed.

Avoidance is the best policy, wearing bight coloured reflective clothing, having lights front and back, and riding where you are reasonably expected to ride will assist you in avoiding a collision, but when 'that' time comes please remember what Mr. Hay has said, and deal with the situation accordingly.

       Your safety is first and foremost !!!

       Bikes are just stuff, and we can replace stuff. We can't replace the cyclist.

All the parts attached you started with you want to end with. That certainly sounds melodramatic, but it is hard to argue with.

Bottom line, avoid collisions should go without saying, but if and/or when it happens be prepared. Here is a case when knowledge is power. Have the proper mind-set, WIN, there is no prize for second place in this one. Be a fighter, you could be injured, and seriously injured. Like I said, WIN and you will likely be around to ride another day.

Hopefully you will never have to use the points made. 

Please remember the points from Mr. Hay, and look out for yourself.

Winning and thinking are the only options to ride again another day.

DAVID HAY'S TOP TEN LIST OF DO'S AND DON'TS FOLLOWING A TRAFFIC ACCIDENT

The things people do and say following a traffic accident are often given significant weight by a judge or jury during the trial process. Underlying the theory of evidence is the notion that the further one is from the event in issue, the more inherently unreliable is the recollection of that event, given the impact of anger and denial around the trauma itself, the tendency to reconstruct, and factors related to litigation around the event. However, witnesses I have come across over the course of ten years of practising law have seldom possessed the presence of mind following a serious trauma to take steps to protect their legal position related to that trauma. Let's face it, the furthest thing from anyone's mind following an accident on a bicycle is the possible impact of what they say or do on a lawsuit over the accident. With that caveat in mind, here is my top ten list of do's and don'ts following an accident. This list is based on some of the difficulties I have seen people get in which might have been avoided if they simply had been a wee bit more mindful of the future implications of their conduct.

I preface this list by saying that if you have been involved as a cyclist in a serious traffic accident (and in my experience most accidents between cars and bicycles are relatively serious) there is very little if any anything you can do to improve your legal position and almost invariably, anything you say or do in an effort to explain what happened will be used against you. So don't try.

                The Do's

1.     Try to observe where you are immediately following an accident - make a mental note of where you are in relation to your bike, the car which struck you, and a reference point such as the painted lines of cross walk, a light standard, fire hydrant, corner, bus stop, etc.

2.     Try to obtain as much information as you can relating to the identity of the driver, licence plate of the vehicle, and any witnesses to the accident - this is particularly important if the accident is a hit and run and the police do not attend. Get legal advice immediately as there is a positive obligation on you to attempt to ascertain the identity of the driver and owner of the vehicle.

3.     If the ambulance attendants ask you to go to the hospital, go - you score no points for being stoic and from a medical point of view it is usually a good idea to take the time to get examined.

4.     Control your temper and avoid belligerence or antagonistic behaviour - you may be understandably upset but restraint in these circumstances is of immense value - conversely, displays of anger only predispose witnesses, adjusters, and the ultimate triers of fact to not see things your way.

5.     Talk to a lawyer prior to talking to ICBC - you are required at law to provide information to ICBC but you are not required to provide information directly to ICBC and there is seldom an upside.

                The Don'ts

6.     Do not apologize - we have a tendency to apologize to the person who stepped on our foot. Unfortunately, an apology is often interpreted later as an admission against interest even when, at the time it was made, it may have had nothing to do with who was at fault for the accident.

7.     Do not discuss with the driver of the car or the witnesses what happened unless the driver is explaining to you how he/she was at fault for the accident - in that event, listen carefully and do not offer a statement such as 'It's ok, I think I am fine.' Accident victims are often in a state of shock as a result of which they cannot experience the full extent of their injuries until sometime later.

8.     Do not agree to settle the dispute privately. It may be that you can do this but wait until you have had a chance to fully consider what happened and the consequences.

9.     Do not give or sign long winded or complicated statements surrounding the circumstances of the accident - you will likely be approached both by the police and ICBC - if it is not practical or reasonable to contact a lawyer prior to giving a statement, then keep it very short and concise to allow for further reflection: remember, your statement can seldom help you.

10. Do not pay a traffic ticket related to the accident simply because you have no time to file a dispute. The payment of a ticket, though not conclusive of your legal dispute with the driver, certainly indicates a guilty mind or a lack of confidence in one's position and tends to impact on a case in negligence against the wrongful driver.

David Hay is a litigation lawyer and partner at Richards Buell Sutton LLP. RBS is a full-service law firm in Vancouver delivering legal advice and solutions in all areas of practice. The information above is not legal advice. Anyone seeking legal advice should contact David directly.

  

I believe that if you wear your helmet, wear bright reflective clothing, and use your bike lights anytime you are on your bike, you should lower you chances of being involved in an traffic incident.

This does bring up the question of proper and effective cycling infrastructure.  Excellent points, points that I will address in the coming months.

Please ride defensively and using your riding skills and ability to keep you out of having to refer to Mr. Hay’s tips, but if you end up in an incident, make sure you remember what Mr Hay’s has put forth.

Thanks for stopping by

      Safe Ride Home,

Chuck

** The Do’s and Don’ts list republished with permission of David Hay.

 First published by the British Columbia Cycling Coalition newsletter, July 2003.

Possible Christmas ideas for Cyclists

Christmas is just about here, and the Christmas shopping season has started in Ernest, after all it’s the last week of November.

In our house ideas for stocking stuffers and Christmas gifts are being sought with great fervor.  Put on the spot, these questions are hard to answer, but when moving about and at strange times, you think about items that you could use or would like to get. 

 I have tried to put together a possible list of fun and useful items,  things that we as cyclists would like, but make others think we’re a little off our gourds.

THE LIST

  What I feel is the most important gift I can get from my family and friends is the gift of time. 

Why not go for a ride with your cyclist, or help them work on their bike(s). Ask them about their bike, or, if biking is not an option for you, go for an easy workout, a swim or a skate.

 My daughter gave me a gift of going skating, then a burger and a beer.  That couple of hours was worth far more than any monetary gift. 

Here is my list of suggestions, in no particular order and by no means definitive:

Ø  LIGHTS, Lights can be purchased for a very reasonable price. They affix to your bike your helmet, your bag, your back pack. They can be either AAA battery, or USB rechargeable.  Both front white and rear red.

Ø  Hi-Viz clothing (vests). Yes they are an ugly fashion statement, but they will save your life. They can be purchased at bike shops, or anywhere construction supplies are sold. As long as they are bright; I like orange since they don’t clash with those workers on the streets or emergency personnel.

Ø  Reflective tri-angle that you can affix to your back-pack.

Ø  Bike helmets, I believe in bike helmet usage, so I think they are a great gift.  Costs of helmets span the financial spectrum. Please make sure they haven’t timed out.(check the mfg. date and add 5 years, if your helmet is inside those numbers then great, if outside, then seriously think about replacing it, it has timed out.)

Ø  Multi Tool which includes a chain breaker/repair tool. Crank Bros, for example has a good one, their “17 tool” model. Park tools also make excellent bike tools.  Others companies have the same thing, I just mention two companies I am familiar with.

Ø  Chain cleaning tool/ chain cleaner.  This should have a bottle of cleaner with it. Biodegradable is a great idea, and planet friendly.

Ø  Cleaning brushes. There are different ones, for different uses and places on your bike.  Good idea to have a few since once they get dirty they are all but impossible to clean.

Ø  Bike mounted mini-pump. I got mine from my local bike shop.  Make sure it can work on your type of tire valves !!!

Ø  Y-Tool, male ends, 4.5/5/6 mm.  I carry one of these with me anytime I am on my bike, and especially when I teach.  This tool will adjust about 85% of the bolts on your bike.

Ø  Y-tool, female ends, 8/9/10 mm.  I have a couple in tool box, but it isn’t as well used.

Ø  Y-tool, male ends, 2/2.5/3 mm. Again I have a couple of these, but not used as much

** NOTE **   I mean no disrespect, expressed or implied when I mention, male or female ends.  I just want to explain the type of ends.  This is how I learned it through tool places. Sorry if I have offended anyone.

Ø  Pump straps, a great idea to hold your pump onto your bike.  I have very low faith in the plastic clips that hold your pump into the plastic holder.  These are a great idea to have one around your pump when you ride.

Ø  Tire Levers.  I have about two dozen of them in my tool box, teaching materials and on my bike. I carry three on my bike and as I said I have lots more nearby.

Ø  Basic bike tool bag for attaching to your bike.  Bags don’t need to be big, but they need to be able to carry the few items you really should carry with you. This isn’t a suitcase, think less is more.

Ø  Stubby crescent wrench, sometimes the bolt you need to tighten/adjust just isn’t part of your multi-tool.

Ø  Basic eye cover, protect your eyes, you only have two of them, and you just can’t see bugs coming, or keep the rain and road grime out with your hands. Basic safety glasses will work fine, or you can use fancier name brand ones.

Ø  Neck warmers, they may look goofy but they work.

Ø  Skull cap, it’s thin, it goes under your helmet, and it covers your ears.  We lose a majority of our heat through the head, so this will slow that cooling process, and make the ride more enjoyable.

Ø  Cycling shoe Booties, they fit over your cycling shoes and keep your feet from getting soaked. Your feet will likely get moist, but not soaked.  These also look goofy, but they work.

Ø  Full finger gloves that fit properly. I would suggest gloves with material that will not allow the gloves to slide about on your handle bars.  Again, glove costs cover the gambit, so look around.

Ø  Full finger gloves for wet, that fit properly. Mountain Equipment Co-op is a multi-sport place, similar to MEI in the United States. They sell gloves for canoeing that are for use when wet.  Well, we ride in the wet, and these work great.  I have a couple of pairs, the thin about 2mm ones is what I have.

     Information Tid Bit One – If you are looking at mitts over gloves, then make sure you get the type that has the thumb and at least one finger available.  If you can’t grab and operate brakes, then they aren’t safe. SAFETY FIRST, SAFETY LAST, SAFETY ALWAYS!!

Ø  Boot Dryer, in my opinion, wet, cold, soggy cycling shoes and wet socks are the last thing I want to put back on. Cycling shops don’t normally sell boot dryers, but work clothing places such as Mark’s Work World, or similar type places usually do. From soaked through and through to dry – overnight.  And that is a very good thing. You can also put your gloves on once your shoes are done.  If there is an outdoor worker in your house, they can put their work boots on. IT WORKS.  I bought one for my cycling shoes.  My son the plumber found it and I lost it to him.

Ø  Book by Deny’s Beames – Taking the Road, Safe and Effective use of the Bicycle for Fun and Transportation. 216 pages of really excellent information on cycling and safety cycling and defensive cycling, $ 24.95. Beames is a CAN-BIKE National Examiner and incredible knowledgeable in this field.  I feel a “Must Have: for any cycling library.

Ø  A basic glass case that way when you drop your glasses into your bag / back pack you won’t break or bend them. I suggest a hard sided case, since a whole lot of other stuff will also be stuffed into your bag.

Ø  Water Bottles/ water bottle holders, just like it sounds, you can get these at your local bike shop with their logo on them. If there is room on the bike frame for more than one, then fill all the spots.  Your rider will thank you on a longer ride or a hot day.

Ø  Hydration packs, great idea, and you can carry any extra things you feel you need to carry. It is for water and not much more.

Ø  Locks, cable/lock combination, only leave out and unlocked what you can afford to lose. Locks come in many sizes, shapes and price points. A small amount for a lock, or a large amount to replace a bike. Small diameter steel cables can be custom made at most hard ware stores for your bike, your vehicle bike carrier/rack.  Locks are cheap insurance. Make sure it is long enough to capture both wheels and frame.

Ø  Bag of rags, can get these anywhere, such as Costco or Rona, or any similar type place.

I have mentioned a couple of product names, I am not trying to push any particular company.  I mention these names to direct you to what you are looking at. It gives the ability to ask for what you want, rather than getting what you don’t want, and finding out after the fact.

Do your homework and have an idea of what you want prior to buying.  My other suggestion is deal with a place that deals with bikes and bike supplies. They can assist you to get what you want, and give you options and price ranges.

If your cyclist deals with a particular bike shop, and I suspect they do, then go there.  They will know your cyclist and can assist you with your purchases. A good chance they already know what is on their bike.

Most expensive isn’t always best.  Functional is what you are after.  Sometimes you have to think outside the box to get what you are wanting

I am very sure there are other bike items that could be added to this list.  If you have other items, please let me know and we can make a list for everyone that might be struggling with small items for the cyclist(s) in their lives.

A good ride, either on the roads or attached to an air trainer will help with the extra dessert or chocolates you consumed, or snuck when you thought nobody was looking.

From Kim and myself may your Holiday Season be wonderful, and the positive memories they bring last a lifetime.

Merry Christmas, Happy New Year, Happy Hanuka

Thanks for stopping by

      Safe Ride Home

  Chuck