Fall 2009
Iowa Bicyclist
IOWABICYCLECOALITION.ORG
Save the Date. Iowa Bicycle Summit January 29&30.
IN THIS ISSUE: Bike Rides in Okoboji Cedar Rapids Rebuilding with Bikes Bike Crashes and the Court System
John LaPlante to Lead Iowa Bicycle Summit Workshop The Iowa Bicycle Coalition, a statewide bicycle advocacy organization, announces John LaPlante will lead the bicycle facility design workshop at the January 29& 30, 2010 Iowa Bicycle Summit. The Coalition is also issuing a call for presentations for the annual bicycle advocacy conference to be held in Des Moines. The sixth annual Iowa Bicycle Summit draws together persons of various interests in bicycling, walking, active transportation and trail building for an educational conference. The conference includes a technical workshop for transportation planners and engineers. “We have been asking for better bicycle facilities and the workshop provides the tools for the technical staff to build bicycle facilities,” says Mark Wyatt, executive Director of the Iowa Bicycle Coalition. “John LaPlante is going to give us a great Midwestern perceptive from his experience in the City of Chicago.” John LaPlante is currently Director of Traffic Engineering for T.Y.Lin International, working out of their Chicago office. Prior
to joining the firm in 1992, Mr. LaPlante had been with the City of Chicago for 30 years in various transportation engineering positions, including Chief City Traffic Engineer and Acting Commissioner of the new Department of Transportation. He is involved in several national committees and was principal author of the 1999 AASHTO Bike Guide. In addition to the technical workshop, the Iowa Bicycle Summit offers sessions for the bicycle advocates who want to improve bicycling in their communities. “We are also giving bicycle advocates the tools to communicate with their public officials and understand how to build bicycle friendly communities,” states Wyatt. Persons who wish to present information should submit a brief synopsis of the presentation to the Iowa Bicycle Coalition using their website contact form at www.iowabicyclecoalition.org. The 2010 Iowa Bicycle promises to be bigger and better than before. “We are joining forces with RAGBRAI and adding their winter safety meetings as a track to the Iowa Bicycle Summit. “It's a great opportunity to discuss safety and improvements to next year's ride. We've always held our conferences on the same weekend, but now people can enjoy both sessions”
Advocacy News By Mark Wyatt - mark@iowabicyclecoalition.org We had a summer free of bicycle fatalities until RAGBRAI,. Recently, Mark Anderson was killed near Spencer and Mark Grgurich as killed near Cumming. Both were overtaking crashes. The charges in each case differ widely because of the different circumstances involved. Jeff Goodman, a West Des Moines attorney and IBC member, points out how these cases are complicated. He says expedited verdicts can take months to complete. His article on page 6 & 7 explains how the courts work when cars and bikes collide. Thank you to Jeff for providing that information. John LePlante of Chicago will lead the Bicycle Facility Design Workshop of the Iowa Bicycle Summit. John is an engineer with T.Y. Lin International. LePlante is the author of one of the manuals that engineers use to build bicycle facilities. Finally, Val & Jude Langhurst volunteered to take a trip to the Dickinson County Trail system. Their article is featured on page 4 & 5. A big thank you to Val & Jude for taking us to Okoboji. I hope everyone puts it on their “must do� bike ride list.
Membership News By Janelle Rettig - janelle@iowabicyclecoalition.org BOARD OF DIRECTORS Lisa Hein - President Forrest Ridgway - Vice President Jeri Neal - Secretary Joe Connolly - Treasurer Steve Schurtz Heidi Soliday Wayne Fett Stephen Schnitker Cassandra Kessler Charlie Smith
It is true, numbers do talk. Iowa might be known for the largest cycling event on the planet, but the treats to our right to bicycle around Iowa are very real. We simply need more members and more resources. The Iowa Bicycle Coalition is approaching 1,000 members. With your help, we can hit that landmark this fall. Tell your friends, forward one of our emails, recycle this magazine to someone -- it all really helps.
Safe Routes To School News By Molly Gable - molly@iowabicyclecoalition.org
STAFF Mark Wyatt Executive Director Janelle Rettig Development Director Molly Gable Safe Routes To School Program Director IowaBicycleCoalition.org
In October children all over the globe will be walking and riding bikes to school. Last year 2,800 schools registered a Walk to School event during the month of October and over 40 countries participated. This year there are over 3,000 schools nationwide that have registered on the International Walk to School Day website, iWalk. Registering allows access to free walk and bike resources, your registration is also used to obtain some great data about how many are walking and biking to school. Register your Walk to School event at www.walktoschool.org. For more information about Walk to School Month or Safe Routes to School, please contact Molly Gable, Safe Routes to School Program Director, at Molly@iowabicyclecoalition.org or 515-309-2867.
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Iowa Great Lakes Bike Trails By Jude Langhurst While the Iowa Great Lakes Region may be best known for fishing and water sports at Lake Okoboji and Spirit Lake in Dickinson County, bicycling is also an important part of the recreation package with more than 75 miles of hard-surface trails in the immediate area. The primary trail – sometimes referred to as the “spine” – is the Iowa Great Lakes Trail. It connects the lakes and towns in the region. At each end of the “spine” are quiet countryroad loops that give riders the option of adding more than 60 miles of crank time.
end of the trail. The bridges over the lakes are a good place to stop and check out anglers’ catches and the south part of the trail opens onto farmland where riders should keep a sharp eye out for chickens and geese on the trail. Benches dot the entire length of the multi-use trail and there’s plenty of drinking water options as well.
May 11 - 15, 2009
The 14-mile Iowa Great Lakes Trail is great fun for tourists. One of many trailheads is Marble Beach, a large, full service Iowa DNR campground that’s situated next to the northern section of the trail. It snakes through the cities of Orleans, Spirit Lake, Okoboji, Arnolds Park and Milford offering visitors access to fishing, beaches, restaurants, bars, shops, and endless views of the Iowa Great Lakes. Bike commuters find the trail convenient as well. A western loop connects the hospital and several large employers with the YMCA. Banks, grocery stores, schools and churches dot the trail from one end to the other. The Iowa Lakes Community College is within a few blocks of the Iowa Great Lakes Trail as well. There’s always something new around the next bend. If you don’t care for a particular spot of pleasant scenery just peddle on. A few blocks of lake views turn into quaint neighborhoods. Dense woods follow these and there’s a nice stretch of wetlands near the north Iowa Bicyclist Fall 2009
Just to make sure a rider has the complete package, Dickinson County has added two “touring routes” of about 30 miles each for the cyclist seeking a more challenging workout. Both routes are marked with color-coded signs on low traffic county roads. The Terril Loop begins in Mayfield, which is the south terminus of the Iowa Great Lakes Trail and the Superior/Swan Lake Loop connects to the north section of the trail. Trailhead parking is convenient throughout the trail system.
Next time you can head to the Iowa Great Lakes be sure to bring your bike as well as the boat or fishing poles. There’s so much more to do and see from the saddle of your cycle. See also: http://www.vacationokoboji.com/ http://www.co.dickinson.ia.us/departments/trailsboard.asp
Bicycle Crashes and the Iowa Courts By Jeff Goodman
cyclist “got what he/she deserved?”
CASE IN POINT In June 2007, a fellow cyclist was hit by a car while riding his bike on Route 30 north of Highway 44 in Dallas County, Iowa. He was hospitalized for approximately thirty days and he had to endure many months of rehabilitation. The medical expenses paid by Blue Cross/Blue Shield totaled $113,771.84. The Dallas County prosecutor declined to prosecute. A civil case was filed in August 2007 after efforts to settle with the insurance company failed. A mediation was held in September 2008. The case settled at the mediation for $860,000. This was an excellent result, but one is left to wonder what would have happened if the case had proceeded to trial. When we hear that a fellow cyclist has been hit by a car, we are outraged … and for good reason.
Most, if not all, cyclists involved in motor vehicle/bicycle collisions look to our justice system for help. First, a prosecutor determines whether a criminal charge is warranted. Then, a civil litigator will seek damages for the cyclist’s monetary losses. The criminal and civil justice systems are two fundamentally different, independent legal systems governed by vastly different laws and burdens of proof. Nonetheless, criminal and civil cases routinely conclude in plea bargains, settlements or jury trials So what relief does the justice system offer a cyclist who has been hit by a motorist’s vehicle? In the criminal justice arena, the prosecutor will investigate the case to determine whether the motorist had the requisite mental intent to prove that a violation of the motor vehicle and/or criminal code occurred.
Examples of charges that a prosecutor might consider range from such minor traffic charges for violations of the Rules of the Erin Schroeder, Doug Smith, Ken Sherman, Kurt Hantleman, Leesa Road (i.e., which typically result in a modest monetary fine) to Shoemaker, David Elbert, Dean Davis, Gerald Balvanz, Duff Powell, Rick serious or aggravate misdemeanors or felon charges (i.e., Lind, Betti Murphy, Benjamin Rodriguez, Devioin Sanders, Lucas Hyduke, reckless driving or vehicular homicide) which can result in a fine Paul Varum, Shakarian Jenkins, Randy Van Zee, Teresa Pugh, Douglas or jail time, license suspension or revocation, restitution, or both. Do the following names found familiar?
Kenny, Richard Robinson, Tanya Beruman, Marie Degn, Adam Finley, Wayne Rathmann, Matthew Siclari, Howard Campbell, Jerry Person, Mark Snopek, Shauntrez Lamay, Steven Allsup, John Nielsen, Brad Ashley, David Harris, David Tolander, John Schofield, Sergey Motorny, Robert Molsberry, Brian Potteroff, Daniel Lewandowski, Tina Brown, John Maxwell, Tom Hayes, Collin O’Rourke, Daniel Young, Bill Perrier, Steve Baker, David Lippold, Lewis Palmer, Bob Breedlove, Brian Shaver, Mark Corley, Daniel Wisnousky, Jean Mohr, Caleb Krile, Taylor Lewis, David Holmes, Kelli Clover, Graham Johnston, Pasha Korsakov, Jonathan Schutt, Suzette Carson and Sheri Jacobs
Each of these individuals were injured or killed as a result of a motor vehicle/bicycle collision between 1999 and 2009. Cyclists have the same privileges and obligations as the motoring public … don't they? Iowa law seems to say so. But, many motorists view cyclists as a nuisance and believe that cyclists should be barred from riding Iowa’s roadways, wishing them to be relegated to Iowa's “abundant” bike path system.
Prosecutors routinely decline to file criminal charges claiming that evidence of criminal intent or willfulness on the motorist’s part is lacking. The civil justice system is somewhat more accommodating to injured cyclists. Lawsuits alleging that a motorist was negligent in the operation of his/her vehicle are common. However, these lawsuits face a rigorous test in court, namely, proof of negligence and, more importantly, application of the comparative fault system of justice.
At trial, a jury receives instruction on the applicable standards of conduct for motorists. These standards include such Rules of the Road as: (1) failure to yield or stop; (2) failing to use ordinary care under the circumstances then Some who feel this way truly care for their two-wheeled friends. and there existing; Others seem to be guided by a more malevolent outlook. (3) failure to maintain control over one’s vehicle; (4) failing to maintain a proper lookout; After any motor vehicle/bicycle collision, one need look no (5) improperly overtaking a vehicle; further than www.desmoinesregister.com for a sense of motor(6) failing to maintain the assured clear distance ahead; ists’ deep seated contempt and resentment for cyclists. In one (7) failure to overtake a vehicle in a safe and reasonable form or another, the message from the nameless, faceless manner; and naysayers from the motoring public is consistent: The injured or (8) driving recklessly. killed cyclist “shouldn't have been riding on the road” and/or the Iowa Bicyclist Spring 2009
... Bikes & Courts Continued These standards serve as a yardstick for determining whether either of the parties (or both) involved in the accident were negligent and, if so, to what degree. During jury deliberations, the jury is obliged to compare the fault of each party.
the law--a concept known as jury nullification. The jurors’ personal views that cyclists should not ride on the roadways is a view shared by many people that oftentimes trumps the law in the minds of the jurors. But, alas, such is not the law.
In a two-vehicle collision (i.e., a motor vehicle hits a cyclist), the jury must first determine whether one or both of the drivers were negligent (i.e., breach a standard or care most often based upon the Iowa Code’s Rules of the Road), and then the jury must assign percentages of fault to the motorist and the cyclist.
Few bicycle-motor vehicle collision cases have proceeded to trial in Iowa so there is a dearth of information on how juries react when asked to render a verdict based on the law. Anecdotal evidence suggests that jurors’ verdicts in motor vehiclebicycle accident cases may be influenced by factors which are In virtually all motor vehicle-bicycle collision cases, the motorist irrelevant to the legal determination they are sworn to resolve. alleges that the cyclist did something wrong and/or failed to do something that would have prevented the accident or At all phases of a motor vehicle-bicycle collision case, the minimized the cyclist’s damages. attorney and his/her client(s) must approach their case with a full awareness of this potential for a jury’s bias and a potentially Thus, the cyclist’s role in “causing” the accident (the defense inexplicable outcome. attorney will predictably argue) will be considered in the jury’s assessment of the fault of the motorist and the cyclist. Most jury pools are likely to be comprised exclusively of automobile drivers. There may be a few recreational riders or The jury is free to assign 100% fault to the motorist and 0% fault cycling enthusiasts called for jury duty, but by the time the to the cyclist. However, jurors seldom conclude that the cyclist pre-trial jury selection has been concluded, any potential juror was not at fault--not because of a deficiency in the law--but who professes to own and ride a bicycle will likely be struck because there exists an inherent, sublime bias in the minds of from the jury by the defense attorney, and the remaining jurors most jurors that cyclists should not be riding on the roads and who are empanelled to serve on the jury will be members of the that they would be safer on the bike paths. four to eighteen-wheeled motor vehicle variety. If the cyclist is found to be more than 50% at fault, the cyclist recovers no damages. This result is based on the legal principle that if the cyclist is more than 50% at fault, then the cyclist was a predominant cause of the accident and, therefore, should not be able to recover any damages. The concept of comparative fault presents a vexing uncertainty for cyclists who litigate motor vehicle-bicycle accident cases, namely, that a jury may supplant their own personal views for
CONCLUSION The outrage that we feel as cyclists when a motorist hits a fellow cyclist is real and justified. However, beyond the cycling community, there are an overwhelming number of people among the motoring public who do not share our viewpoint, and these are the same people who will decide the case of each cyclist who seeks justice at the courthouse.
Jeff Goodman is the President of Goodman & Associates, P.C., a law firm in West Des Moines, Iowa. Mr. Goodman was formerly a City Attorney for the City of West Des Moines (1995 to 1998), Assistant County Attorney for Black Hawk County, Iowa (1985 to 1987), and Assistant United States Attorney for the United States Department of Justice (1987 to 1988). Mr. Goodman has also been a member of the 5-C Judicial Nominating Commission and the Federal Nominating Committee for the United States District Court and U.S. Court of Appeals for the Eighth Circuit. Mr. Goodman has been an attorney engaged in private practice for more than twenty years and his practice includes products liability, design defect litigation, personal injury and wrongful death law. Mr. Goodman is also the former President of the Des Moines Triathlon Club and is an avid cyclist and triathlete.
RAGBRAI to Partner at Annual Gala The annual IBC Gala will now feature and expanded partnership with RAGBRAI. The event on January 30, 2010 in Des Moines will feature a live and silent auction, raffles, and prizes as a benefit for the Iowa Bicycle Coalition and the Dream Team.
Committees are starting to work on this event. Send an email to volunteers@iowabicyclecoalition.org to get involved. Tickets (or maybe wristbands) will be available soon. This event will sell out early so make sure you purchase your tickets right away. Sign up for email updates at iowabicyclecoalition.org to get the scoop.
Attendees will have the best bicycling experience in the middle of winter without any of the training. Swap stories with your bicycling friends, and get some midwinter pie,.
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Iowa Bicycle Coalition P.O. Box 5562 Coralville, IA 52241 www.iowabicyclecoalition.org (515) 309-2867
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Bike Valet Parking Give your participants a cleaner, faster and cheaper way to get to your event. Bike valet offers the public free, secure bicycle parking at events and festivals. It’s like car valet but better for everyone -- patrons arrive by bicycle to our tented entryway, are given a numbered receipt that identifies them with their bicycle and leave to experience the festival. To make your event a cleaner and more convenient one, hire a bike valet service. Contact bikeinfo@iowabicyclecoalition.org for more information.
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