INSIDE THIS ISSUE
SEPTEMBER 2017
It’s The Law TCSD Contacts Board Members Member Profile
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TRIATHLON CLUB OF SAN DIEGO
IT’S THE LAW:
Weekly Workout Calendar TCSD Conversation
Aquathlon
Location: La Jolla Shores Check in 5pm Start at 6pm
SEPTEMBER 20K TT Wednesday, September 13 Location: Fiesta Island Check in 5pm
CLUB GATHERING Sunday, September 17 See pack page for exciting details. Refer to the Club’s website for complete activity listings and information.
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By Richard L. Duquette, Esq.
RECORDING YOUR RIDE:
Format: 750 to 1000m/5k
Thursday, September 7
New Members Coach’s Corner TCSD Gathering
TriNews PART I
SEPTEMBER TCSD RACE CALENDAR
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Consent Rule. While most states and Federal law only require the consent of one party to record a conversation, California and a handful of other states goes a step further. The California Invasion of Privacy Act (Penal Code §§630-637.5) requires the consent of all parties to a conversation before recording it. Recording a private conversation with another person without their permission can involve both criminal and civil penalties in California, and any evidence obtained by this method may not be used in court except to prosecute violations of the Act. The broadest and most important section of this act for our purposes is §632. This provision makes it a crime to use any electronic recording or amplification device to record a conversation “intentionally and without the consent of all parties to a confidential communication.” A first offense is a misdemeanor, but if someone has been previously convicted of a similar offense, it is charged as a felony. The Act also spells out the civil remedies in §637.2. Damages are to be awarded in amounts of $5,000 per violation or triple of the actual damages, whichever sum is greater. No actual
EVIDENCE & LIABILITY The age of helmet and bicycle mounted cameras such as GoPros, Contours, and Fly 6s has opened up a world of possibilities that enhance recreation and entertainment. But this technology also has legal implications that bicyclists should keep in mind. Therefore, we’ve put together a two-part series on this important issue. On the one hand, recording your ride can preserve important evidence if you are injured in a crash or if you are stopped by a police officer. If you were doing nothing wrong, the video may vindicate you, or it may show that the person who his you was at fault. On the other hand, you should also exercise caution when it comes to recording your interactions with other people in order to avoid running afoul of eavesdropping and privacy laws. California Invasion of Privacy Act: Two-Party
continued on page 21
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SEPTEMBER 2017 2
SEPTEMBER TCSD MEETINGS, CLINICS, RACES & RIDES*
CONTACTS Triathlon Club of San Diego P.O. Box 2580 Carlsbad, CA 92018 www.triclubsandiego.org Send correspondence to the address above or contact President, Kai Nakamura. Membership & Renewal $75/year, $60 active military (w/active ID). Additional years available at discount. TCSD membership (online) at http://tiny.cc/v3xypw TCSD e-lists Subscribe to the TCSD e-mailing list by sending a blank email with your name in the body to: TCSD-subscribe@yahoogroups.com
NEWSLETTER STAFF AND INFORMATION Publisher & Design/Production Sprague Design, Dean Sprague myhideano@hotmail.com (858) 270-1605 Editor Alexis Barnes asdbarnes@yahoo.com (718) 216-8555 Newsletter Articles and Ideas Please send to Dean Sprague at dsprague@triclubsandiego.org and/or Alexis Barnes at asdbarnes@yahoo.com Contributing Writers: Richard Duquette, Esq. and Craig Zelent w/Hiro Iwamoto
TRICLUB ESSENTIALS
TCSD BEGINNER RIDE
TRI 101
Monday, September 18th 6:00pm to sunset
Saturday, September 23th 8:00am
Tuesday September 26th 6:00pm
Everything you need to know about the Triathlon Club of San Diego. All are welcome! Whether you’re a new member, or just curious about the sport, or a long time triathlete looking for a club to join, this meeting is for you! Come learn about all the member benefits of belonging to the TriClub such as free races each month, chip timing, group workouts, open-water swims, track workouts, Aquathons at the beach, deep discounts with club sponsors, monthly meetings with world-champion athletes, social events, Ironman training, friendships, free food, awesome raffles, and more! Bring a towel or beach chair and a sweatshirt in case it gets chilly. Refreshments will be provided.
Beginner Bike Ride is a 9.66 mile route in Fairbanks Ranch/ Carmel Mountain and the 56 bike path. The route has a total ascent of 727.06 ft and has a maximum elevation of 552.33 ft. Nobody gets left behind. If you are not a beginner still come out to join us, we can always use help and company. Helmets are MANDATORY. Remember to bring water, favorite sports drink and flat repair kit. Optional 5K run after the ride. Bring your run gear if you plan to join. Helmets are MANDATORY. Remember to bring water, favorite sports drink and flat repair kit. Option: 5K run after the ride. Bring your run gear if you plan to join.
Get the year started off right and get the answers to these questions and more at the monthly TCSD Tri 101! How fit do I have to be? How long do I have to train? What equipment do I need? What do I wear? Do I need a wetsuit? What kind of bike do I need? Can I do one on my mountain bike? How do I get started with my swim training? What are good first time races? How can the club help me? HOW DO I GET STARTED? The monthly talk is specifically designed to get you started in the sport of triathlon, and our goal is to de-mystify triathlon, and remove the ‘intimidation factor.’ All questions fair game and NON-MEMBERS ARE WELCOME! Bring that friend or relative!
Location: La Jolla Shores, on the sand in front of Tower 30th. End of Vallecitos street. map: http://tiny.cc/limfny
Schedule of Events: NEW TIME 8:00am Bike Q&A and safety talk 8:30am Wheels Roll
Contact/Questions: Deborah Jones deborah.jonessd@gmail.com
Meet up Location: Moment Bicycles - Carmel Valley 5965 Village Way, E-100 San Diego, CA 92130 (619) 523-2453 map: http://tiny.cc/jt94hy Contact/Questions: James Ismailoglu, membership@triclubsandiego.org
Location: Pulse Endurance Sports 7638 Clairemont Mesa Blvd. San Diego, CA 92111
(858) 384-2867 map: http://tiny.cc/am6ea Contact/Questions: Beginner coaches at coaches@triclubsandiego.org
*ALWAYS REFER TO THE TRI CLUB’S WEBSITE, SOCIAL MEDAL AND CALENDAR FOR THE LATEST EVENTS, UPDATES AND DETAILS. DATES, LOCATIONS, EVENTS, GUESTS. ALL EVENTS ARE SUBJECT TO CHANGE.
All dates and events subject to change. * Refer to the Club’s website/calendar for additional workouts and latest information.
WWW.TRICLUBSANDIEGO.ORG 3
TCSD BOARD MEMBERS
MEMBER PROFILE DAVID ROCKWELL
President
Kai Nakamura
president@triclubsandiego.org
Vice President
Darrell Steele
vicepresident@triclubsandiego.org
Nickname: ROCK
Treasurer
Melissa Sosnowski
treasurer@triclubsandiego.org
Member since: 2017
Secretary
Tracy Cohen-Peranteau secretary@triclubsandiego.org
Program and Events Officer
Tim Price
eventsdirector@triclubsandiego.org
Marketing Office
Marison Beniek
marketing@triclubsandiego.org
TCSD Board of Directors TCSD Board Advisor
bod@triclubsandiego.org Brian Long
TCSD Mentors
advisor@triclubsandiego.org info@triclubsandiego.org
TCSD VOLUNTEER COMMITTEE MEMBERS Beginner Coaches
James Ismailoglu
james@triclubsandiego.org
Dean Rosenberg
coaches@triclubsandiego.org
Steve Tally
coaches@triclubsandiego.org
Bike Case Rentals
Bob Rosen
brosen@triclubsandiego.org
Age Group: M55-59
Club Historian
Ian Kelly
ikelly@triclubsandiego.org
Status: Single.
Expo Coordinator
Occupation: Retired/Volunteer. Teach and coach swimming to triathletes (beginners to advanced).
Ironman Coaches
Craig Zelent
tricraigz@yahoo.com
Membership Director
James Ismailoglu
james@triclubsandiego.org
Newsletter Editor
Alexis Barnes
asdbarnes@yahoo.com
(718) 216-8555
Newsletter Publisher
Dean Sprague
dsprague@triclubsandiego.org
(858) 270-1605
Race Director, Aquathlon
Tim Price
eventsdirector@triclubsandiego.org
Race Director, Duathlon
Jay Weber
Favorite local restaurant: Le Papagayo and Swami’s Cafe in Encinitas. When not training, I enjoy: Volunteering with seniors; water and land therapy to assist with arthritis. Before I became a triathlete, I: Spent 35 years in Marketing doing what I studied at Ohio State University. Who or what inspired you to start triathlons? Mike Pigg, Mark Allen, and Michael Phelps. I actually competed with Mike Pigg in the 1980’s. My 7-year-old daughter received a plush soft “teddy bear” from champion triathlete Mike Pigg after c ompleting the 100 yard Teddy Bear Trot! My first triathlon: 1980 National City Triathlon, Cleveland, Ohio. Pre and/or Post event ritual: Post: A cup of cold water poured on my neck. When my daughter was younger, she liked to do that. continued on page 5
SEPTEMBER 2017 4
(760) 214-0055
Race Director, Triathlon Social Director
Elizabeth Kenny
Social Media Director
Jennifer Potter
Sponsorship Director
Tina Valle
sponsorship@triclubsandiego.org
Swim Director
Chris Costales
tcsdswim@gmail.com
Swim Director, Open Water
Trevor King
trevor@EnergyLabTraining.com
TCSD Cares
Steve Tally
stally@triclubsandiego.org
Track Coach, UTC (Spring/Summer) Bill Gleason
gleasoncoaching@gmail.com
Mark Alfaro Track Coach, North County
Mike Plumb
mplumb@triclubsandiego.org
Volunteer Coordinator
Monica Sberna
sbernamm@gmail.com
Youth Team Coach Web Administrators
events@triclubsandiego.org John Hill
jhill@triclubsandiego.org
(858) 717-1114
RUN
BIKE
SWIM
TCSD OFFICIAL WEEKLY WORKOUT SUMMER CALENDAR
FOR A COMPLETE LIST OF OFFICIAL CLUB WORKOUTS, REVIEW THE WORKOUT SCHEDULE ON THE CLUB’S WEBSITE. Monday 6:00 AM Ocean Swim, advanced/expert swimmers
•
Location: La Jolla Cove.
6:00 PM
Ocean Swim in La Jolla
•
Location: La Jolla Shores.
6:00 PM
Ocean Swim in Carlsbad
•
Location: Tamarack Beach.
6:00 PM
Open Water Swim
•
Favorite Race/Tri event(s): Relay, in Cleveland, Ohio. The swim portion at the Rock n Roll Hall of Fame. Favorite segment (swim, bike or run): Swim, I am like a fish. Every stroke easy and fun! PR/Best race: 1987 Rock n Roll Hall of Fame Triathlon, Cleveland, OH, 2:30. From ages 21-45, I competed ian average of 3-5 olympic distance events a year. During my prime I competed in well over 50 triathlons. This year’s athletic goal: Be the swimmer for our relay team at the olympic distance Bay Harbor Triahtlon off Coronado Island.
Location: Glorietta Bay, 1975 Strand Way, Coronado.
Can’t race without: My goggles.
Tuesday 6:00 AM Pannikin Bike Ride
•
Location: Pannikin - 7467 Girard Ave., La Jolla.
6:00 AM Ocean Swim in Carlsbad
Location: Tamarack Beach.
•
6:30 AM Bike Workout in Point Loma, Group ride
•
Location: Moment Cycle Sport, Liberty Station.
5:45 PM
Track Workout at UCSD, Coached session 9730 Hopkins Drive.
•
Location: Triton Track and Field Stadium (UCSD)
6:30 PM
Run Workout in Carlsbad/North County, Coached session • Location: Starts at the Bike Trail that runs between Carlsbad Village and Tamarack Ave. parallel to the Coaster tracks.
7:00 PM
LJHS Swim Workout (Coggan Family Aquatic Complex)
•
Location: 800 Nautilus St., La Jolla.
Wednesday 6:00 AM Ocean Swim, advanced/expert swimmers
•
Location: La Jolla Cove.
6:00 PM
Bike Workout in Central San Diego, Coached session
6:00 PM
Ocean Swim in Carlsbad
6:00 PM
Trail Run
•
•
Location: varies, typically Fiesta Island.
Location: Tamarack Beach.
•
6:15 AM Pannikin Bike Ride
•
Equipment wish list: New bathing suit.
Favorite Thing(s) About TCSD: Volunteering to assist swimmers!
Thursday •
My equipment: Wetsuit: Xleeveless Bike(s): Many over my career. Running Shoe(s): Many over my career.
Best advice: Bring toilet paper on bike ride.
Location: Pulse South Bay, 1020 Tierra Del Rey # A2, Chula Vista.
6:00 AM Ocean Swim in Carlsbad
Most embarrassing or disastrous moment: Back in 1987, while on a ride, I had to go to the bathroom in the middle of farm country in central Ohio - had no TP only leaves.
Location: Tamarack Beach.
Location: Pannikin - 7467 Girard Ave., La Jolla.
6:30 AM Bike Workout in Point Loma, Group ride
•
Location: Moment Cycle Sport, Liberty Station.
5:30 PM
Open Water Swim Workout
6:00 PM
BOWS Swim Workout (Beginners’ Open Water Swim)
7:00 PM
LJHS Swim Workout (Coggan Family Aquatic Complex)
•
Location: Ventura Cove (every other week until June) •
Location: Bonita Cove, Mission Bay. •
Location: 800 Nautilus St., La Jolla.
Friday 6:30 AM First light ocean Swim 5:30 PM
•
Ocean Swim in La Jolla
Location: La Jolla Cove.
•
Location: La Jolla Cove.
Saturday 8:00 AM Bike Workout, TCSD Group Ride
•
Location: Meet at Starbucks in Del Mar, Hwy. 101 & 15th St.
8:30 AM Bike Workout, Group Ride
•
Location: Revolution Bike Shop, 235 S. Highway 101, Solana Beach.
8:30 AM Bike Workout, Group Ride
•
Location: Moment Cycle Sport, Liberty Station
•
Location: Moment Cycle Sport, Liberty Station.
Sunday 8:00 AM Bike Workout, Group Ride
* Refer to the Club’s website/calendar for additional workouts and latest information.
WWW.TRICLUBSANDIEGO.ORG
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CONGRATULATIONS! You are an Ironman! SPONSORS OF TCSD MULTISPORT
IM Lake Placid - July 23, 2017 AG AG Rank OV Rank F 40-44 21 559
Swim 1:20
Bike 6:25
Run 4:05
Finish 12:08
IM Santa Rosa - July 29, 2017 AG AG Rank OV Rank Tina-Marie Parker F 25-29 14 452 Mike Martin M 50-54 61 567 Bashar Al-Kuwaiti M 40-44 83 620 Christine Aurigemma F 50-54 17 725 Josef Cuesico M 45-49 146 989 Pattie Keller F 55-59 9 1008 Sally Roberts F 45-49 40 1062 Brent Formigli M 50-54 125 1068 Matthew Heinemann M 55-59 86 1532 Dan Navilliat M 50-54 169 1552 Martha Ornelas F 45-49 75 1588 1,736 Finishers. Transitions and seconds not included.
Swim 1:22 1:32 1:25 1:20 1:19 1:24 1:16 1:21 1:34 1:33 1:28
Bike 6:11 6:11 6:36 6:40 6:29 6:41 6:34 6:29 7:10 7:52 8:03
Run 4:13 4:25 4:18 4:36 5:39 5:21 5:44 5:36 6:26 5:44 5:59
Finish 12:10 12:31 12:39 12:57 13:46 13:49 13:57 13:58 15:40 15:46 15:58
IM Canada - July 30, 2017 AG AG Rank OV Rank Jeff Fieldhack M 45-49 3 28 Marc Sosnowski M 50-54 20 281 Alexandra Dreu F 40-44 11 448 Marjorie Patrick F 45-49 20 589 Melissa Sosnowski F 45-49 29 787 1,148 Finishers. Transitions and seconds not included.
Swim 0:56 1:08 1:09 1:21 1:39
Bike 5:30 6:37 6:12 6:54 7:51
Run 3:29 4:07 5:26 4:57 4:38
Finish 10:01 12:08 12:56 13:32 14:26
IM Mont-Tremblant - August 20, 2017 AG AG Rank OV Rank Tony Truong M 35-39 69 499 1,810 Finishers. Transitions and seconds not included.
Swim 1:30
Bike 5:40
Run 4:24
Finish 11:50
IM Coeur d'Alene - August 27, 2017 AG AG Rank OV Rank Andrew Shore M 35-39 2 12 Aaro Jarvinen M 30-34 12 69 David Piper M 45-49 50 435 John Kim M 35-39 67 531 840 Finishers. Transitions and seconds not included.
Swim 0:51 1:13 1:14 1:40
Bike 5:19 5:53 6:31 6:52
Run 3:43 3:49 6:00 5:40
Finish 10:00 11:06 14:01 14:32
Marina Fleming
2,199 finishers. Transitions and seconds not included.
Moment Cycle Sport Contact: JT Lyons 2816 Historic Decatur Rd., Ste. 135 San Diego, CA 92106 (619) 523-BIKE and Moment Bicycles - Carmel Valley 5965 Village Way, E-100 San Diego, CA 92130 (619) 523-2453 www.momentcyclesport.com Discount: 10% off product, labor excluded.
Pulse Endurance Sports Contact: Mike Drury 1020 A-2 Tierra Del Rey Chula Vista, CA 91910 (619) 656-5222 and 7638 Clairemont Mesa Blvd. San Diego, CA 92111 (858) 384-2867 www.pulseendurance.com Discount: 10-15% off.
APPAREL & EQUIPMENT
Aqua Sphere www.AquaSphereSwim.com Discount: Products sold through local retailers with TCSD discount.
SEPTEMBER 2017 6
Indicates qualified for IM World’s Championship. If you have completed an “iron” distance event (or longer) and wish to be recognized in the TCSD newsletter/ website, email TCSD’s Ironman coaches, at imcoach@triclubsandiego.org. That’s the only way they know you are out there competing.
TCSD CONVERSATION WITH: By Craig Zelent
“
”
Hiro Iwamoto
I had the pleasure recently of talking triathlon with TCSD member Hiro Iwamoto. Hiro has led an amazing life. His story is sure to inspire you when you face your next challenge. I am so glad I had the chance to get to know him and I know you will feel the same way once you hear his story.
When did you lose your sight and what was the challenge. ansPacific sailing Tr nd co se s hi r cause? Hiro training fo Hiro: I was so scared, and I felt hopeless Hiro: I was born in Kumamoto, Japan, and during elementary school, like many other boys, I wanted to be a professional baseball player. So I would always play baseball with my friends after school. Then when I was 13, I realized I was losing my sight for the first time as I was playing baseball with my friends. I could not catch the ball because I could not see it. Everyone on my team started blaming me when we lost a game. But even in that kind of situation, I could not tell them that I couldn’t see. I did not want them to know that I was losing my sight. After a while, I started bumping into things as I was walking. My parents took me to every eye doctor they could think of, but none of the doctors could figure out the cause of my blindness. This meant that there was no treatment, no cure for my sight loss.
How did you adjust to life without sight?
when I thought about my future. I wondered how my future was going to be. When I could not even put toothpaste on my toothbrush, I did not want to deal with my blindness anymore. I did not want to go on living asking for help all the time. On August 13th, 1982, it was a very hot day, the sun was shining, and a lot of cicadas were making sound, as I headed to a bridge in my hometown of Ushibuka to commit suicide, to terminate my life. When I got there, I took off my shoes and put both my hands and right foot on the rail, but could not pull myself up over the rail. I tried again and again, but could not go over the rail. It’s not that I didn’t have enough strength to jump, but it felt like some unknown force was preventing me from jumping. After struggling for a while, I got so tired
SPONSORS OF TCSD
Castelli Discount: Available on TCSD Member Discount web page.
Oasis One-Twelve www.OasisOne-Twelve.com Discount: 10% discount
Road Runner Sports 5553 Copley Dr. San Diego, CA 92111 (858) 974-4455
ROKA https://www.roka.com Discount: 30% off swim items, 20% off run apparel, cycling apparel, triathlon apparel, and sunglasses.
Rudy Project www.e-rudy.com Discount: 52.5% off CODE: Use code SDTC. continued on page 8
continued on page 8
WWW.TRICLUBSANDIEGO.ORG 7
SPONSORS OF TCSD
Xterra Wetsuits www.xterrawetsuits.com
COACHING & FITNESS
Energy Lab Training Contact: Trevor King email: ftrevorwking@yahoo.com www.energylabtraining.com
Evolution Multisport Contact: Chris Holley www.evolutionmultisport.com www.chrisholleyhealthcoach
The Fit Stop Human Performance Lab Contact: Ken Nicodemus (760) 634-5169 kjnico@roadrunner.com www.fitstop-lab.com Discount: see TCSD website for details.
Gleason Endurance Coaching Contact: Bill Gleason email: GleasonCoaching@gmail.com www.GleasonCoaching.com continued on page 11
SEPTEMBER 2017 8
CONVERSATION, continued since I could not sleep at all the night before. I decided to take a nap on a bench in a park nearby. During the nap, I had a dream and received a message from my uncle who had died 5 years before, and he said to me, “You have to live, do not end your own life. You became blind for a purpose. You became blind so you can encourage and inspire people who have lost meaning in their lives. I want you to keep pressing on and experience how wonderful life can be.” My uncle loved me so much, as he would have adopted me if he didn’t have cancer. I gave up jumping off from the bridge and went back to my house. I returned to find that things were still the same. I still spilled toothpaste on my hand, spilled Miso soup on my lap, hit my head on the corner of my desk, etc. However, even in my daily struggles, I never thought about suicide again, because the message from my uncle was kept in a small part of my brain and telling me that there is a meaning for all of this. Slowly but surely, I started to gain confidence and courage.
What sports did you do after losing your sight? Hiro: After I became totally blind at 16, I wanted to find a sport in which I could compete equally with the sighted, so I began Judo. The first training I had to do was to lay on my back on the tatami mat and hit the mat with my arms. This was to train my reflexes after being thrown by an opponent. I had to do this same training for a couple months, and I started become bored and almost quit. But this experience taught me the importance of Kata, or form/discipline, in sports. And there was an incident where my Judo training helped my a great deal. In my early 20s, I was in San Francisco studying special education at San Francisco State. One day I was walking in downtown SF near Poway Station, and a pickpocket took my wallet and started running. Thanks to my judo training, I was able to instinctively grab his shirt and do a osotogari (threw him down on the ground), and handed him over to the police who happened to be near. For your own safety, you should not try to rob a blind guy.
What prompted your move to the USA? Hiro: After returning from San Francisco State, I didn’t want to lose my English, so I began attending an English class. My English, teacher introduced me to her friend Karen, who would become my wife. She and I would go hiking along with classmates and the teacher from the English class, and we grew closer as we got to know each other more. We eventually began dating and got married in May of 1996. Sorry, I am a traditional Japanese male so I don’t remember much of the details... I hope my wife is not reading this. After getting married, we lived in Chiba prefecture, and there was a yacht harbor close to our home called Inage Yacht Harbor. On our evening walk, we found a rental yacht shop. Karen was already an experienced sailor as she had been competing in races from middle to high school. Although I had no prior sailing experience, we decided to rent a yacht and give it a shot together. This was how I started sailing. In 2005 our daughter, Leena, was born, and my wife and I began to discuss whether staying in Japan or moving to the States would be best for our daughter. After we weighed the advantages and disadvantages of the two countries, we decided that that it was best for our daughter to move to the States. So in 2006 we moved to San Diego.
What happened during the challenge you began on June 16, 2013? Hiro: As a blind sailor, I began dreaming of sailing across the Pacific, the biggest ocean in the world, sailing from Japan to America with one other sighted person. I started sharing about my dream and passion everywhere I would go and that helped lead me to the right people, and eventually I was sponsored. Mr. Shinbo who is a newscaster for Yomiuri TV in Japan offered to be my sailing partner for my challenge, and Yomiuri TV company and other companies became our sponsors. I didn’t expect that my dream would come true so quickly. About 3,000 people including many Tsunami survivors came to the port to cheer us on, and a Japanese Olympic female marathon runner, Kyu-chan (Naoko Takahashi), who won gold in
the Sydney Olympics, came as a guest, and we received her hand- hit our boat. Later we had experts confirm through the video left made bento lunch, etc. I was so happy. I had never felt as excited on one of our onboard cameras (we took out the SD card before in my life as I was that moment when we left the port of Onahama we abandoned ship) that it was indeed a blue whale, approximatein Fukushima. ly 50 feet long. It was my idea to leave from the Onahama port in Fukushima Six days before this incident when we sailed out from because I wanted to encourage the people there and be encour- Fukushima, I was at the highest point of my life, but within secaged by them. We asked the people living there to write a letter onds I went straight down to a low to their family members and point, in front of about 100 media friends whose lives people. I heard people say and was were lost in the even told directly that it was a stuTsunami, and we pid plan for a totally blind person planned to read the to try to sail across the Pacific. For letters before putting a while I couldn’t see the purpose them into the ocean. I for this collision, but before long was hoping that writI realized that this setback will ing a letter would help make my future success 100 times them release their even 1000 times bigger. hardship, stress, and The more I thought about recover from their grief. these facts, the more I was On the sixth day thankful for just being alive. I around 7:20 in the also took the meaning of this morning, I heard someevent this way: God gave me a thing bumping on our challenge to see if I could recover ns. ’s local triathlo os eg Di boat three times, boom, from this frightful experience, similar n Sa of ing Hiro at one boom, boom. Mr. Shinbo Greg Smeltzer lead to what the Tsunami victims experienced. Ever since asked if those were waves hitting our boat, and I answered I don’t think so. When I heard the sound and felt the boat shake, I thought we had a collision with a whale. I took two gallons of water from the bottom and the emergency bag, which contained a satellite phone, GPS and a VHF radio. Our team made a distress call to the Japanese Coast Guard. We then abandoned our boat and went overboard on our life raft amid 15 foot waves and 30 knot winds. At the time of the collision, we were already 700 miles out in the ocean, and there was also a typhoon heading over our direction. Since the Coast Guard couldn’t get to us in time to rescue us from the storm, and we were out of range of a helicopter, they dispatched the Japan Maritime Self-Defense Force (JMSDF). The JMSDF sent out a US-2 rescue aircraft (ShinMaywa US-2), but the first US-2 could not make a landing because of the high waves (the maximum height of waves it could land on is 10ft), and they were running out of fuel, so after they circled over us trying to make a landing, they had to retreat. We felt hopeless and terrified when that first aircraft faded into the distance. Then three hours later, a second US-2 came. The pilot risked a dangerous landing to save us, and we were rescued after being stranded for 11 hours in the middle of the ocean. A press conference was held right after we were rescued and we arrived at Atsugi base, and a reporter asked me what I thought our boat bumped into. I believe I received a sixth sense in exchange for my sight loss, and by then I knew it was a whale that
I found the meaning of the collision, I have been thankful for what happened. I started saying the same things I have heard from people who were going through their difficulties after the natural disaster in Fukushima and Kumamoto, which is, “I am thankful for just being alive, everything else is not a big deal.”
After your near death experience, it makes sense that you would have a legitimate fear of water. What have you done to overcome that fear? Hiro: When I was searching for a way to overcome my fear of the ocean, DJ Rausa whom I met through the San Diego Business Group, recommended triathlon. He offered to be my guide and not long after that, we began training together. The most difficult part for me was swimming in the ocean. When I’m practicing at the pool I could feel along the lane rope and to make sure that I’m going straight, and I could guess the distance from the wall by counting my strokes. But this is not possible in the ocean. So we use a rubber tube about four feet long and tie it around our waist. I have to figure out which direction my guide is going by the tension of the tube. I’m swimming to DJ’s right, so if the tension of the tube loosens, it means I’m leaning too far to the left, so I have to adjust my position to the right. If the tension tightens, I have to adjust to the left. When we’re on the bike or running, I can communicate easily with my guide, but in the water I cannot see, hear, or speak. When I was starting out, sometimes I panicked as I worried what will happen if the tube connecting us suddenly broke off. Every two or continued on page 10
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CONVERSATION, continued three strokes I would raise my head and check if DJ was still next to me, so we barely moved forward. This went on for a while but, slowly I got used to it, and in October 2014, I finished my first race at the Mission Bay Triathlon. I still clearly remember that excitement I felt when I reached the goal.
You have raced 10 triathlons in your career which stretches from the 2014 Mission Bay Triathlon to the 2017 Oceanside 70.3 and Strongman Miyakojima in Japan. What triathlon accomplishments give you the most pride? Hiro: In April of 2016 I joined the Blind Stokers Club (BSC) which provided many training opportunities to work on my cycling. At one event, I was able to ride for 50 miles for the first time. I thought to myself, “if I could ride six more miles, it would be the same distance as a half ironman”, and that boosted my confidence and lit a fire inside of me to keep challenging. From then I began training for the Chula Vista Challenge half iron triathlon that was in August. I also competed in the San Diego International Triathlon (SDIT) and the Carlsbad Triathlon as I prepared for the Chula Vista Challenge. SDIT was the first time I did a floating start, so just keeping afloat was a struggle for me, and I used up most of my energy
before the race even began. It was also difficult for me to keep facing the same direction while floating, so I was anxious and kept on asking my guide if I was facing the right direction. A couple of minutes after the race began, the next wave of swimmers approached from behind us, and they probably didn’t notice that I was blind and tethered to my guide, so they kicked my head and grabbed my shoulder as they tried to get past us, and at that point I felt like giving up, but somehow I was able to get back in focus and finish the race. The Carlsbad Triathlon was my first ocean swim experience. No matter how hard I swam, the waves kept pushing me back, and the fact that the waves were keeping me from moving forward exhausted me both physically and mentally. But my guides Rich Anderson and Patsie Dephney cheered me on and I was able to complete the swim. Less than a month away from the Chula Vista Challenge, I found out that Rich was competing in Ironman Boulder. The race was a week before the CVC, and I was concerned about Rich’s physical condition, so I felt the need to find another guide. My other guide, DJ, had a back injury so he was not available, and I wasn’t able to find anyone through BSC. I was worried that despite all
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the training I did, I would not be able to comFor me, the heart crushing uphill ride that pete in the race. For us blind triathletes, no everyone was talking about was the most diffimatter how much we are prepared and want to cult part of the race. I had been practicing on compete in a race, it is not possible without a the hills in Torrey Pines, but the hill on this guide. I was feeling a little down when I went course was much steeper. No matter how hard to a friend’s house party where I happened to we pedaled, our speed would not go up but meet Greg Smeltzer. I told Greg my desire to instead our legs were becoming sore and our compete in the CVC and begged him to be by speed kept slowing down. If we were to stop, it guide. He kindly accepted, and although we would have been impossible to pedal out again only had time to train because of the steepness of the hill, so we together twice, we were would have to walk our bike able to enter the race. I to the top. couldn’t believe that he There were had only two prior expeactually some riences as a guide as he racers around us was so calm and stable who were doing the whole time we were this. But we were practicing. able to keep pedaling, and by the The weather was very time we made it to hot on the day of the the top my legs race, and while runwere shaking and I ning I began to get so was worried if I nauseous that I could even run. almost threw up and couldn’t even swalAs we began runlow the nutrition ning, I could barely gel, but with Greg’s move my feet forward, help I was able to and didn’t think I finish the race. could keep running for Hiro and R ich at Oce 13 miles, but after we anside 70.3 Usually after I , 2nd plac e division. passed three miles I finish a race, I would immediately began feeling lighter, head over to the beer tent, but that day I didn’t have any energy left, so I went home exhausted and we were able to make it to the goal. and sank into my bed. During the race, as I was This was the first time I competed in an offirunning and feeling nauseous, I said to myself, cial Ironman event, so I was overwhelmed by “why did I even get into this agonizing sport” the energy of all the participants and the big and was getting mad at myself. I even thought crowd that was cheering us on, and the exciteI would never do triathlon again. But a couple ment I felt when I finished the race was even of days later, as I reflected on the joy of reach- greater than the previous races I’ve been in. ing the goal that day, I began to think that if I Many people saw me during the race and aftercould complete a half, maybe I could take the wards told me that seeing me compete gave next step and challenge a longer distance. them inspiration and encouragement, that they Before long, I had registered to compete at were moved to see me. As I heard from these the All Japan Triathlon Miyakojima (also known people, I remembered the voice I heard when I as Strongman Miyakojima, Swim 1.9mi, Bike was 16 and tried to kill myself, the voice that 98mi, Run 26.2mi) in April 2017, which is the told me to keep living to give hope to others, most popular race in Japan, and the upcoming and the people that day helped me realize that the message I lived by for all these years had Ironman Arizona in November 2017. Also as part of my training for the race in come true and was being fulfilled. Along with my guides Rich and Patsie, I Miyakojima, I signed up for Ironman 70.3 departed from LAX to Japan to get there a week Oceanside. continued on page 12
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CONVERSATION, continued before The Miyakojima Triathlon. I thought we would need to spend at least a week to get used to the humid climate and get rid of the jet lag. We arrived and saw that all over the island of Miyakojima, there were posters with the name of the race “STRONGMAN” (a title given to everyone who finishes the race) written on it, and you could tell that this event was special for the people of the Miyakojima and the whole island was involved in the event. I realized that I had made the right decision in getting there early when we began training on the first day we arrived, as the hot and humid weather sapped us of our energy much more quickly than the mild climate of San Diego. I became nervous as I wondered what the weather would be like on the day of the race. There was another thing that I was concerned about. The Miyakojima Triathlon is known for its tradition of beginning with a mass wave start instead of a regular wave start. This means that all 1,500 participants begin swimming at once. Even with a regular wave start people would kick and climb over me from behind, so I was very worried that all these people would be swimming around me. On the day of the race, at the sound of a horn, everyone began going into the water one by one. Rich and I started on the outer edge close to the front. The race began and just as I expected. I
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could barely move with all the people around me. People began climbing over the rubber tube that tethered me and my guide. Some of them shoved me down, and I swallowed some seawater, and we were almost pushed out of the swimming course. We would be disqualified if we swam off course, so we moved inward to the center, but there it was even more difficult to swim. Then suddenly something slammed my face real hard. It seemed to have been someone’s heel. My lip started bleeding. With the taste of blood in my mouth, I kept crawling slowly and tried my best to move forward. After we passed the 400 meter mark the course began to widen, and I was finally able to swim freely. At that point, another concern came to mind and that was to finish the swim before the 1 hour 50 minute time limit. We sped up as we tried to regain the time we lost. We came all the way from the States, so I didn’t want us to disqualify at the swim stage. We were able to finish the swim 5 minutes before the time limit. Although the distance of the swimming and cycling stage is a little shorter than a full ironman, the time limit for this 126 mile race is 13 hours and 30 minutes, which is 3 hours and 30 minutes less than a full Ironman. With the time limit in mind, we pedaled as fast as we could. The wind was strong and there were a lot of uphills and downhills. We had to add air to our front tire near the 10km mark, but we were able to finish the cycling stage.
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Then we transitioned to the running stage, but the course was inland so there was no wind and the climate was so hot and humid. And about 20km, in my guide started to get sick. Although he kept running for me about 10km more, we had to stop around 30km so unfortunately we did not quite finish. For me, triathlon is similar to sailing across the Pacific, as they both represent life itself. Sometimes we can cruise along easily while other times we struggle to barely move forward, and after a period of pain comes a period of joy. I think that’s why I’ve been able to continue doing triathlon and not give up on my sailing challenge across the Hiro with Ric h, race guide, and Miya kojima Strongman event Pacific. And in case you poster. were wondering, I’m training for Ironman Arizona in November of this year. He or she also needs to run/swim/bike at the What qualities make up a good guide for a same pace. Someone that could help you reach your full potential. Currently my main guides are blind triathlete? Hiro: I’ve heard that a guide should be at least Rich Anderson and Greg Smeltzer. I would 15-20% faster than you are. My times are 50 describe Rich as a completer and Greg as a comminutes for a 1.2 mile swim, 3.5 hours for a 56 petitor. Rich is focused on finishing the race. He mile bike, and 2.5 hours for a 13 mile run. I taught me the importance of taking each stroke, think a good guide needs to give an accurate pedal, or step one at a time until you reach the description of the surroundings during the race. goal. Greg is focused on getting the best time possible. He has taught me to push my own limits to achieve the best results.
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I spoke with your guides Greg and Rich and asked them what their experience been like to serve as your guide? Greg I would say my initial reluctance stemmed from not being strong or fast enough. After speaking again with Hiro, we determined that I was 20% (I think this is the formula he uses to determine) faster than what he was pacing at so we would be ta Challenge. zer at 2016 Chula Vis elt Sm eg Gr th wi ro Hi
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fine. He was training for Chula Vista Challenge and had Rich as a guide, but Rich had done Ironman Boulder and was not going to be recovered enough to guide. Hiro asked me, and we had just two weeks to prepare. We met for a swim and that went well, no problems tethered. We went on I think one or two bike rides, and same for running. We completed the race with no issues, although the many turns on that course and the sidewalk run did almost take us out a few times. When we finished though, the feeling was incomparable to any race I had done before. We went to a development camp for blind athletes a few months later, and I think one of the most important things I took away was that we as guides are a tool for the athlete, like a pair of shoes or bike. Like many people have multiple pairs of shoes or different bikes for dif- Hiro and Rich on Strongman rec onisance ride or pose. ferent runs and rides, a blind athlete will benefit greatly from being able to access multi- to meet someone visually impaired that wanted ple guides for different workouts. to try a triathlon. After only a few months as a We are now training for Ironman Arizona, and member, I was introduced to Hiro. He was very we try to meet 3-4 times in one week, alternat- excited about the idea of doing triathlons reguing weeks. I have gained a whole new perspec- larly and the training involved. I could have not tive on triathlon, and life by guiding and would asked for a better person to be paired with. Not recommend others trying as well. only did he keep us on a regular training schedRich: When I joined the San Diego Blind ule, he was an engaging training partner. Hiro sStokers club I wanted to obviously be able to was always pushing us, talking all the time and captain someone that needed help to enjoy a after a while one starts to forget that he is blind. hobby/activity that they loved. In the back of It was amazing to watch how someone with no my mind I was really hoping that I would be able vision was really so independent. I will always
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e are always looking for race reports. Share your latest experience, your first or 500th event. No two races are the same. Stories need not be just about triathlons, they can include running, cycling and/or
W
whatever you think other club members december find interesting. Without content this newsletter will
end up being just ads and that is no fun. Submissions date is the 18th of each month for the following months publication and should
Share your race report or adventure.
include photos whenever possible. Any questions on the submission
process, please contact the publisher or editor for complete details. See page three for contact info.
CONVERSATION, continued remember the races that we did and the cheers we got. I am a middle to back of the pack triathlete with little fanfare, but guiding Hiro thru races was so much fun to be next to him receiving such loud cheers and encouragement. The icing on the cake was the times I would get to guide him up onto the podium to get his medal for placing in the Challenged athlete division.
How can people contact you if they would like to learn more about guiding you? Hiro: Right now I’m trying to connect with as many guides as possible. The reason for this is that having only one or two guides puts a lot of pressure/burden on the guide. Having more guides would lighten the burden for the individual guides. It’s also better to have more guides in case my current guide gets injured or are not able to race for some other reason. Also, if possible, I’m looking not only for guides but also for rides, for people that could provide transportation. The best way to reach me is through email at blind.yachtman@gmail.com.
What are some of the funny things that happen around a blind guy in a triathlon? Hiro: When people ask me how a blind guy like me can ride a bike, I would tell them that I ride in front of the tandem and steer while my guide tells me which direction to go. Most people actually believe me and don’t realize that it’s a joke. Another thing I do on the bike is whenever my legs become heavy while pedaling, I ask the other racers around me if my guide is really pedaling, and they would get in on the joke and tell me “no, he’s not!” Sometimes when I tell my guide I don’t think I can go any further, he would tell me that there is a beautiful woman in front of us so we should just follow her. Then somehow I would regain my energy.
What are your favorite benefits of being a TCSD member? Hiro: I am amazed at the great community that TCSD has for its
members. I’ve received so much motivation and encouragement from the people I met through TCSD. I wouldn’t have been able to reach the level I am at right now without all the training programs that the TCSD provides including track workouts, master swim, Del Mar open water swim, and the monthly Aquathlon. I think I would have been way behind if I were just training on my own. I greatly appreciate all the coaches and organizers of TCSD for helping me out and providing these resources.
What do you do for a living? Hiro: I practice a therapy based on acupuncture and oriental medicine that I invented called Shishijutsu. My office is located in Kearny Mesa, and I see all kinds of clients with conditions ranging from sports injuries to insomnia. In my work as a life coach, I give speeches and one on one coaching sessions based on my own experience of overcoming my disability. I travel several times a year to Japan to give speeches and seminars. I’m planning to expand my work as a life coach here in the States as well. Please feel free to contact me if you or your organization are interested.
What are your future triathlon goals? Hiro: I have been training for the Ironman Arizona 140.6 full triathlon this November. Also my dream is to compete in the Ironman World Championship in Kona.
Hiro, thank you so much for telling us your story. Your fan club just got a lot bigger. The entire TCSD will be cheering for you to complete Ironman Arizona and to one day cross the finish line in Kona. It is people like you that make TCSD the best club on the planet! Craig Zelent is a USA Triathlon Level 1 Certified Coach. Craig can be reached at 760-214-0055 or tricraigz@yahoo.com.
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Bryan Boese Rene Borbon Alex Bragado
COACH’S
WELCOME NEW TCSD MEMBERS
CORNER:
SETTING YOUR GOALS
Alan Vitums
Over the years working with national, world class, and professional athletes I’ve noticed a cross over. What I’m referring to is the inability for the athlete to completely cross over from athlete to regular guy, for not a better word. Part of the reasoning, is due to the lack of understanding the goals of the journey. As an athlete the goal was the byproduct, faster times, standing on the podium, winning the game, or golf tournament. What happens to the athlete is they fall back on their laurels and forget the work that they put into the sport to get them to the pinnacle of their sport. This chapter on goals and goal setting will give you a complete understanding of the power of setting goals and appreciating them. The following steps are building a daily and life-style management program to complete the goals.
Sarah Wilkinson
Goal Setting
Faye Winkler
The way, this system works is very simple. This is a basic equation (A+B =C). A = Your goal B = Daily task list or daily plan C = Byproducts of the hard work
Ryan Creagan Lindsey Davis Mike Flanagan Derrick Gallion John Kaduk Tanya Lubomudrov Jimena Martinez de V Allie Nath JacquelyneNichols Nicolas Pogu Brad Roth Mike Serrin Jose Valdez
The only thing you must do is do the work. As you do the work the work gets harder, and requires more from you and your support group. Remember for every action there is an equal and opposite reaction. Effective goal-setting is like a ladder, one step at a time. You start at the bottom and work your way to the top. The key is setting the rungs of the ladder perfectly spaced so you can easily attain the task, daily task or goal. The key to setting any goal is about being honest with yourself and accurately identify what you have to improve whether we are talking sport or life.
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Courtesy of procyclingcoaches.com
Give me your list of what you want to improve on. What specifically you need to improve on so it can be done. Have you heard of
SMART goals?
S = Specific M = Measurable A = Attainable R = Realistic T = Timely Meaning: If we are going to climb Mt. Everest.
S, specific; Good, but we have never climbed or had much experience with mountaineering, trying to do it in the next year isn’t realistic and without good planning you can’t Measure your progress. A, attainable may be, but not very. R, realistic or T, timely. An effort of this magnitude generally requires 23 years of training, climbing and actually climbing smaller mountains such as (Mt. Rainer/ Mt. McKinney/ so on). Let alone the time spent at 26 thousand feet of elevation, in that rarefied air the (DEAD ZONE) there and only there, can you see and feel if you and your bodies physiology can climb to 29 thousand feet. All variables must be put into place. Or you will not be successful.
We are what we repeatedly do. Excellence, then is not an act, but a habit! —Aristotle
Now give me your goals in a SMART format that follow the equation A + B = C Your future depends in large part on your willingness to commit yourself to the goals of becoming the best you can be. It will take a physical, mental, and a biochemical truth of your understanding to become the best you can be. Goal-setting; when done properly is a freeing place that becomes a very powerful tool for your personal development. Winners in life have generally mastered this skill and take these concepts with them throughout their lives. The most brilliant understanding about your goals and your plan is the day to day struggle you will have in achieving them. This is what it is about! Some of the greatest athletes I’ve worked with still don’t get this… It is the journey not the end point! As you achieve each of your goals on your daily task list or daily plan you are actually building your self-esteem, your selfimage, self-confidence and become closer to your dream. This is where you become the great and the best that you can become. This is part of the secret of becoming the champion you seek. Remember-you are never too young or too old to become the athlete you never were.
Why Is Systematic Goal-Setting So Effective? Go back to a class in school, should be easy to remember. Hopefully! Think about it. It didn’t matter the class or subject there was/is a systematic approach to education. First the syllabus (showing short and long term goals) they were specific, they were measurable, hopefully attainable, generally realistic, and you knew when that midterm and final were. So as you direct you attention to focus, you realize now what can be possible. It is your choose; choose to pass the class or not. Look at your life are you an A, B or C student to the journey of life. I bet you if you followed this program your grade would change for the better.
1.
Goals direct your attention and effort in a useful positive direction. As you spend your day focusing on the task, your intent becomes clearer and clearer, this will permeate through your life and as deep as your cells. As you sow, so shall you REAP. Or A man is what he thinks about all day long. continued on page 18
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COACH’S CORNER, continued SPONSORS OF TCSD
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Working toward a specific and challenging goal makes us work harder, longer, and have the energy to complete the tasks of the plan. There will be days, or weeks where you lose focus, having the plan and staying on course pushes you through the tough times. Also when you are in the moment (THE ZONE) you will work harder longer and not ever think twice about the work.
How will I strengthen my strengths this year? How will you work on your weaknesses? How will I apply my most valuable lessions from the previous year? What relationship do I want to develop? What new habit will I create? What lasting memories will I create this year?? How will I give back?
or develop new and faster ways of becoming more efficient. This is what champions do. This is the brilliance of becoming that champion. This is one of the coolest aspects of your journey, you will have a maturity, a confidence, a piece of mind that your opponent just will not have. Very few people do the work. Think, if more people did the work there would be more at the number 1 status, but there is not. Only the best becomes number 1.
Living on purpose. Persistence. Ask for what you want. Confidence factor. Build excellent relationships with your support
3. As you strive towards your goal you will find Answers/Responses/Reasons
Triggers Triggers are those things that throw you into a tail-spin? You become depressed, you feel fear, you become over whelmed with the task at hand.
1. What are your triggers that usually lead to your downward spiral?
2. What are the triggers that usually lead to satisfying and successful performance?
3. What completes your day after your performance?
Goals/Questions
group. Create balance throughout your life. Take Decisive ACTION. Focus with INTENT and intend to focus. Your daily habits create your future.
Support Group Is a team of people that you have in your corner: family, friends, business associates, team mates, or anyone else who will support you and your dreams and goals and will help you be accountable for your productivity. Build the team, and importantly - those people who don’t support you in a positive light CUT them out of your life.
IT’S THAT SIMPLE…
What excites you for the year/season? What are the five most important goals for this to you?
DISCIPLINE/DEDICATION/DETERMINATION creates CONSISTENCY AND CONFIDENCE creating VICTORY AND SATISFACTION
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19
ffo r
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IT’S THE LAW, continued damages need to be shown. Statutorily prescribed damages are rare, and they generally have a public policy rationale. This is no exception. The California legislature was careful to state in enacting this law that its intent was to protect the right to privacy— a right specifically enshrined in the California Constitution. Furthermore, §632(d) states that recordings obtained in violation of this law cannot be used as evidence, except in prosecutions or civil law suits against the person who made the illegal recording. So if you think that covertly recording someone’s private statements will help you win a legal case against them, it won’t. All it can do is get you into trouble.
What is a Confidential Communication? Ultimately, liability under this law comes down to the question of what is a “confidential communication.” The statute itself defines a confidential communication to include a communication “carried on in circumstances that may reasonably indicate that any party to the communication desires it to be confined to the parties thereto.” It also excludes communications “made in a public gathering or in any legislative, judicial, executive or
administrative proceeding open to the public, or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded.” Courts interpreting the law have agreed that there must be an objectively reasonable expectation of privacy (the subjective expectation of the speaker that their communications will be kept confidential is not relevant if it is not reasonable). But exactly what constitutes a reasonable expectation of privacy has been a thorny issue for the courts to untangle. The California Supreme Court decided between two competing interpretations in the case of Flanagan v. Flanagan, 27 Cal.4th 766 (2002). One lower court held that a communication is confidential if one party to it “reasonably expected…that the conversation would not be divulged to anyone else.” O’Laskey v. Sortino, 224 Cal.App.3d. 241, 248 (1990). Another court held that a communication is confidential whenever there is “a reasonable expectation by one of the parties that no one is ‘listening in’ or overhearing the conversation.” Frio v. Superior Court, 203 Cal.App.3d. continued on page 22
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IT’S THE LAW, continued 1480, 1490 (1988). The Supreme Court Flanagan adopted the reasoning of the Frio court, holding that as long as a party to a conversation has an “objectively reasonable expectation that they were not being recorded,” the communication is confidential and the two-party consent rule applies.
Public Interactions So there are times when it is perfectly appropriate to record an interaction. In public places, people do not have a legitimate expectation of privacy and therefore cannot claim a privacy violation if their public words and actions are recorded. This is especially true if you happen to incidentally capture their movements on a public roadway right before a collision. One tricky question related to this issue is whether you must have consent to continue recording their words and actions after the crash. The answer is that you probably don’t need consent for two reasons. First, there is a good chance that they will become aware of such a camera, depending on its size. Second, if an event took place in public, there is a good chance that there are other witnesses. Some of these witnesses may have stopped to observe, and some may record the encounter on their phones or take pictures of the damage. A person does not have an expectation of privacy after an accident—especially when an injury is involved. When that happens, they are required by law to wait for the police to arrive. This of course means that there is a good chance of any actions or statements being recorded either on video or in an officer’s written report.
Insurance Adjusters Another time this issue can be raised after a bicycle accident is when you are contacted by an insurance adjuster after the fact. Adjusters will often seek to interview witnesses and victims after
an accident. Very frequently they are doing this to try to get an admission of fault or other statements they can use to minimize their liability. These conversations are frequently recorded. I advise my clients to never talk to insurers. Even if you don’t agree to be recorded, they can still use the contents of your statement against you because anything you say that is against your own interest is an exception to the hearsay rule.
Conclusion Video evidence can be a great tool for getting to the truth and for promoting accountability for all parties involved. But it is important that it be used wisely, especially in a legal environment in which privacy protections are paramount. If you have a legal issue involving video evidence, whether of a police encounter or a bicycle-related injury, contact the Law Firm of Richard Duquette. With 34 years of legal experience, Mr. Duquette can help you navigate the sometimes complex legal issues. Let a knowledgeable and experienced attorney deal with the police, witnesses, and insurance adjusters. If you go about trying to prove your own case without understanding these issues, you can end up not only losing your case, but also getting into serious legal troubles. Ride Safe – Ride Strong! Mr. Duquette is a local Oceanside, California, Personal Injury Trial Attorney who since 1983 has mixed law with his love of bicycling and surfing from Baja to Bali. He can be reached via e-mail at rduquette@911law.com www.911law.com. Phone: (760) 730-0500
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