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	<title>Comments on: Sidewalk Cycling in Arizona</title>
	<atom:link href="http://azbikelaw.org/blog/sidewalk-cycling-in-arizona/feed/" rel="self" type="application/rss+xml" />
	<link>http://azbikelaw.org/blog/sidewalk-cycling-in-arizona/</link>
	<description>Cycling, traffic safety and legal topics; energy, transit and transportion economics</description>
	<lastBuildDate>Wed, 08 Feb 2012 15:34:11 +0000</lastBuildDate>
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		<title>By: azbikelaw</title>
		<link>http://azbikelaw.org/blog/sidewalk-cycling-in-arizona/comment-page-1/#comment-13094</link>
		<dc:creator>azbikelaw</dc:creator>
		<pubDate>Wed, 01 Feb 2012 18:06:50 +0000</pubDate>
		<guid isPermaLink="false">http://azbikelaw.org/blog/2007/06/12/sidewalk-cycling-in-arizona/#comment-13094</guid>
		<description>This was interesting in the sense that Police cited the motorist in a crosswalk collision. The relative positions in this crash were the same as in Maxwell. 
There is good discussion in the Tribune comments, they have city ordinances and so forth. However, nobody there, or at least not mentioned, knows about Maxwell.
Cyclist was &quot;counter-flow&quot;; and the cyclist and motorist were traveling in opposite directions, with cyclist traveling straight and motorist turning right.
Differences between Maxwell and this case would be that this happened at night; It&#039;s not stated whether or not the cyclist has a light; it&#039;s also not clear that cyclists in crosswalks are required to have a light at night (though it&#039;s clearly a good idea, for safety).

http://www.eastvalleytribune.com/local/article_43400fd2-45ef-11e1-931b-0019bb2963f4.html

A 32-year-old man was killed after he was struck by a Nissan Pathfinder while riding his bicycle on Alma School Road near Guadalupe Road late Saturday.
The bicyclist, identified as Daniel Everlove, was pronounced dead at the scene after the Pathfinder driven by Levi Chappel struck his chopper bicycle at the intersection about 11 p.m.
The Pathfinder crashed into Everlove as Everlove was eastbound on the north sidewalk adjacent to Guadalupe and attempting to cross Alma School. Everlove was thrown from his bicycle.
Impairment or speed were not identified as factors in the crash, but Chappel was cited for failure to yield at an intersection, police said.</description>
		<content:encoded><![CDATA[<p>This was interesting in the sense that Police cited the motorist in a crosswalk collision. The relative positions in this crash were the same as in Maxwell.<br />
There is good discussion in the Tribune comments, they have city ordinances and so forth. However, nobody there, or at least not mentioned, knows about Maxwell.<br />
Cyclist was &#8220;counter-flow&#8221;; and the cyclist and motorist were traveling in opposite directions, with cyclist traveling straight and motorist turning right.<br />
Differences between Maxwell and this case would be that this happened at night; It&#8217;s not stated whether or not the cyclist has a light; it&#8217;s also not clear that cyclists in crosswalks are required to have a light at night (though it&#8217;s clearly a good idea, for safety).</p>
<p><a href="http://www.eastvalleytribune.com/local/article_43400fd2-45ef-11e1-931b-0019bb2963f4.html" rel="nofollow">http://www.eastvalleytribune.com/local/article_43400fd2-45ef-11e1-931b-0019bb2963f4.html</a></p>
<p>A 32-year-old man was killed after he was struck by a Nissan Pathfinder while riding his bicycle on Alma School Road near Guadalupe Road late Saturday.<br />
The bicyclist, identified as Daniel Everlove, was pronounced dead at the scene after the Pathfinder driven by Levi Chappel struck his chopper bicycle at the intersection about 11 p.m.<br />
The Pathfinder crashed into Everlove as Everlove was eastbound on the north sidewalk adjacent to Guadalupe and attempting to cross Alma School. Everlove was thrown from his bicycle.<br />
Impairment or speed were not identified as factors in the crash, but Chappel was cited for failure to yield at an intersection, police said.</p>
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		<title>By: ADOT&#8217;s Bicycle Safety Action Plan Study @ Arizona Bike Law Blog</title>
		<link>http://azbikelaw.org/blog/sidewalk-cycling-in-arizona/comment-page-1/#comment-10242</link>
		<dc:creator>ADOT&#8217;s Bicycle Safety Action Plan Study @ Arizona Bike Law Blog</dc:creator>
		<pubDate>Tue, 27 Sep 2011 02:57:20 +0000</pubDate>
		<guid isPermaLink="false">http://azbikelaw.org/blog/2007/06/12/sidewalk-cycling-in-arizona/#comment-10242</guid>
		<description>[...] a worthy endeavor, given the huge proportion of sidewalk-related collisions, along with the current legal murky morass that currently exists when cyclists who cycle on the sidewalk subsequently collide with vehicles in [...]</description>
		<content:encoded><![CDATA[<p>[...] a worthy endeavor, given the huge proportion of sidewalk-related collisions, along with the current legal murky morass that currently exists when cyclists who cycle on the sidewalk subsequently collide with vehicles in [...]</p>
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		<title>By: Derrick</title>
		<link>http://azbikelaw.org/blog/sidewalk-cycling-in-arizona/comment-page-1/#comment-9900</link>
		<dc:creator>Derrick</dc:creator>
		<pubDate>Mon, 12 Sep 2011 12:51:33 +0000</pubDate>
		<guid isPermaLink="false">http://azbikelaw.org/blog/2007/06/12/sidewalk-cycling-in-arizona/#comment-9900</guid>
		<description>Me and my wife just bought bikes for exercise purpose and I have decided to now ride mines to work since I live so close to my job and my shift starts so early in the AM that traffic and heat is not an issue.

Asside from wearing a helmet and sticking bike lanes can someone direct me to the bicyclist traffic laws. 

Curious about sidewalk laws such as what to do if there&#039;s no bike lane or sidewalk present on the flow of traffic side and the shoulder area is so small its unsafe. Do I go against the traffic, ride in te steet etc...

Also I may sound a little dumb for asking this one but as a kid I rode all over the rode with diregard to the law but when making a left turn on a bike am I suppose to enter the turning lane with the cars or cross as if I was a walking pedestrian?

Thanks

&lt;em&gt;Hi Derrick:
by far the best thing you could do would be to take a bike safety class, such as Traffic Skills 101, see &lt;a href=&quot;http://www.cazbike.org/BikeEd&quot; rel=&quot;nofollow&quot;&gt;cazbike.org/BikeEd&lt;/a&gt; Right now there are no classes scheduled yet (in the phoenix metro area?) but you can do the online portion for free anytime, follow the link. 

And an excellent resource is ADOT&#039;s &lt;a href=&quot;http://www.azbikeped.org/azbss.htm&quot; rel=&quot;nofollow&quot;&gt;Arizona Bicycling Street Smarts&lt;/a&gt;, the entire booklet is online, and additionally you can find it at bike shops, and sometimes at the library...&lt;/em&gt;
</description>
		<content:encoded><![CDATA[<p>Me and my wife just bought bikes for exercise purpose and I have decided to now ride mines to work since I live so close to my job and my shift starts so early in the AM that traffic and heat is not an issue.</p>
<p>Asside from wearing a helmet and sticking bike lanes can someone direct me to the bicyclist traffic laws. </p>
<p>Curious about sidewalk laws such as what to do if there&#8217;s no bike lane or sidewalk present on the flow of traffic side and the shoulder area is so small its unsafe. Do I go against the traffic, ride in te steet etc&#8230;</p>
<p>Also I may sound a little dumb for asking this one but as a kid I rode all over the rode with diregard to the law but when making a left turn on a bike am I suppose to enter the turning lane with the cars or cross as if I was a walking pedestrian?</p>
<p>Thanks</p>
<p><em>Hi Derrick:<br />
by far the best thing you could do would be to take a bike safety class, such as Traffic Skills 101, see <a href="http://www.cazbike.org/BikeEd" rel="nofollow">cazbike.org/BikeEd</a> Right now there are no classes scheduled yet (in the phoenix metro area?) but you can do the online portion for free anytime, follow the link. </p>
<p>And an excellent resource is ADOT&#8217;s <a href="http://www.azbikeped.org/azbss.htm" rel="nofollow">Arizona Bicycling Street Smarts</a>, the entire booklet is online, and additionally you can find it at bike shops, and sometimes at the library&#8230;</em></p>
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		<title>By: Frank</title>
		<link>http://azbikelaw.org/blog/sidewalk-cycling-in-arizona/comment-page-1/#comment-9290</link>
		<dc:creator>Frank</dc:creator>
		<pubDate>Fri, 12 Aug 2011 17:39:34 +0000</pubDate>
		<guid isPermaLink="false">http://azbikelaw.org/blog/2007/06/12/sidewalk-cycling-in-arizona/#comment-9290</guid>
		<description>Cycling should be allowed on the road and not on the side walk,where mothers with strollers are, children playing and etc., that&#039;s my opinion.</description>
		<content:encoded><![CDATA[<p>Cycling should be allowed on the road and not on the side walk,where mothers with strollers are, children playing and etc., that&#8217;s my opinion.</p>
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		<title>By: azbikelaw</title>
		<link>http://azbikelaw.org/blog/sidewalk-cycling-in-arizona/comment-page-1/#comment-8772</link>
		<dc:creator>azbikelaw</dc:creator>
		<pubDate>Tue, 28 Jun 2011 21:41:03 +0000</pubDate>
		<guid isPermaLink="false">http://azbikelaw.org/blog/2007/06/12/sidewalk-cycling-in-arizona/#comment-8772</guid>
		<description>References to Risks of Sidewalk Riding:

John Allen&#039;s &lt;a href=&quot;http://www.bikexprt.com/bikepol/facil/sidepath/sidecrash.htm&quot; rel=&quot;nofollow&quot;&gt;list&lt;/a&gt;.

Wachtel and Lewiston ITE Journal, published by the Institute of Transportation Engineers, September 1994, pages 30-35. &lt;a href=&quot;http://www.bicyclinglife.com/library/riskfactors.htm&quot; rel=&quot;nofollow&quot;&gt;html and pdf version here&lt;/a&gt;.
Used data from several years of crash data from the city of Palo alto, CA. It also correlated to risk exposure data by using bike counts. Overall, the relative risk of being involved in a collision riding on the sidewalk was 1.8 times higher than riding in the road.
It did not attempt to quantify the risk by severity.

&lt;blockquote&gt;Table 5 demonstrates that sidewalks or paths adjacent to a roadway are usually not, as non-cyclists expect, safer than the road, but &lt;strong&gt;much less safe&lt;/strong&gt;. This conclusion is already well estab­lished in existing standards for bikeway design, although in our experience it is not widely known or observed. &lt;/blockquote&gt;


</description>
		<content:encoded><![CDATA[<p>References to Risks of Sidewalk Riding:</p>
<p>John Allen&#8217;s <a href="http://www.bikexprt.com/bikepol/facil/sidepath/sidecrash.htm" rel="nofollow">list</a>.</p>
<p>Wachtel and Lewiston ITE Journal, published by the Institute of Transportation Engineers, September 1994, pages 30-35. <a href="http://www.bicyclinglife.com/library/riskfactors.htm" rel="nofollow">html and pdf version here</a>.<br />
Used data from several years of crash data from the city of Palo alto, CA. It also correlated to risk exposure data by using bike counts. Overall, the relative risk of being involved in a collision riding on the sidewalk was 1.8 times higher than riding in the road.<br />
It did not attempt to quantify the risk by severity.</p>
<blockquote><p>Table 5 demonstrates that sidewalks or paths adjacent to a roadway are usually not, as non-cyclists expect, safer than the road, but <strong>much less safe</strong>. This conclusion is already well estab­lished in existing standards for bikeway design, although in our experience it is not widely known or observed. </p></blockquote>
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		<title>By: ScottishRosie</title>
		<link>http://azbikelaw.org/blog/sidewalk-cycling-in-arizona/comment-page-1/#comment-8354</link>
		<dc:creator>ScottishRosie</dc:creator>
		<pubDate>Wed, 25 May 2011 21:23:24 +0000</pubDate>
		<guid isPermaLink="false">http://azbikelaw.org/blog/2007/06/12/sidewalk-cycling-in-arizona/#comment-8354</guid>
		<description>Hi guys, 

Im reading through the comments, an excellent help but ill be visiting phoenix next week and I want to hire a bicycle for transport. 

I am not a driver here in scotland and this is a first visit to the US so im obviously wanting to do my homework first. Im likely to be drawn to the sidewalk so im not directly in the traffic so does anyone have any clarification and tips/advice for me?

Much appreciated! 

Rosie</description>
		<content:encoded><![CDATA[<p>Hi guys, </p>
<p>Im reading through the comments, an excellent help but ill be visiting phoenix next week and I want to hire a bicycle for transport. </p>
<p>I am not a driver here in scotland and this is a first visit to the US so im obviously wanting to do my homework first. Im likely to be drawn to the sidewalk so im not directly in the traffic so does anyone have any clarification and tips/advice for me?</p>
<p>Much appreciated! </p>
<p>Rosie</p>
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		<title>By: Court of Appeals @ Arizona Bike Law Blog</title>
		<link>http://azbikelaw.org/blog/sidewalk-cycling-in-arizona/comment-page-1/#comment-8260</link>
		<dc:creator>Court of Appeals @ Arizona Bike Law Blog</dc:creator>
		<pubDate>Sun, 15 May 2011 00:42:04 +0000</pubDate>
		<guid isPermaLink="false">http://azbikelaw.org/blog/2007/06/12/sidewalk-cycling-in-arizona/#comment-8260</guid>
		<description>[...] two comments here about some interesting decisions, relating to [...]</description>
		<content:encoded><![CDATA[<p>[...] two comments here about some interesting decisions, relating to [...]</p>
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		<title>By: Listening to Phoenix&#8217;s Bicycle Collision Summary @ Arizona Bike Law Blog</title>
		<link>http://azbikelaw.org/blog/sidewalk-cycling-in-arizona/comment-page-1/#comment-7829</link>
		<dc:creator>Listening to Phoenix&#8217;s Bicycle Collision Summary @ Arizona Bike Law Blog</dc:creator>
		<pubDate>Sun, 24 Apr 2011 21:10:58 +0000</pubDate>
		<guid isPermaLink="false">http://azbikelaw.org/blog/2007/06/12/sidewalk-cycling-in-arizona/#comment-7829</guid>
		<description>[...] cycling. Riding on the sidewalk, and subsequently through crosswalks and across driveways is certainly legal (though this topic could apparently fill volumes, be sure to check here; sidewalk cycling itself [...]</description>
		<content:encoded><![CDATA[<p>[...] cycling. Riding on the sidewalk, and subsequently through crosswalks and across driveways is certainly legal (though this topic could apparently fill volumes, be sure to check here; sidewalk cycling itself [...]</p>
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		<title>By: azbikelaw</title>
		<link>http://azbikelaw.org/blog/sidewalk-cycling-in-arizona/comment-page-1/#comment-7600</link>
		<dc:creator>azbikelaw</dc:creator>
		<pubDate>Fri, 15 Apr 2011 23:17:02 +0000</pubDate>
		<guid isPermaLink="false">http://azbikelaw.org/blog/2007/06/12/sidewalk-cycling-in-arizona/#comment-7600</guid>
		<description>On August 11, 2004 cyclist Gerardo Munguia was killed as a Laidlaw bus turned right across his path. &lt;a href=&quot;http://www.cofad1.state.az.us/memod/CV/CV080510.pdf&quot; rel=&quot;nofollow&quot;&gt;The appeal&lt;/a&gt; affirms that bus driver was not negligent, because she was already into her turn, BEFORE the cyclist entered the crosswalk. One thing is confusing in the facts was it never said whether the bike was in the street or sidewalk -- the general setup was this was a right-hook by the bus. In any event, the court recognizes that which party has the right-of-way in a crosswalk; a straight-through cyclist, or the turning motorist, depends on which is there first... the appeal revolved around the denial of a jury instruction; the instruction quoting 28-645 would have implied the bus driver was at fault: part of the disputed instruction was &quot;Under Arizona law, the school bus had a duty to yield the right-of-way to a bicycle or pedestrian in the crosswalk while the light was green&quot; 
&lt;blockquote&gt;&quot;For the jury instruction to have been proper, there would have had to have been evidence produced at trial showing that Decedent was &#039;in the crosswalk&#039; at a  time when the bus could have “yield[ed] the right-of-way,” or in other words, at a time before the bus itself occupied the right-of-way.   See, e.g., &lt;a href=&quot;http://scholar.google.com/scholar_case?case=13972402829498057434&amp;hl=en&amp;as_sdt=2,3&quot; rel=&quot;nofollow&quot;&gt;Luellman v. Ambroz&lt;/a&gt;, 516 N.W.2d 627, 634 (Neb. Ct. App. 1994) (&#039;If [the bicyclist] was riding in the crosswalk prior to the time [the motorist] made her right turn, [the bicyclist] had the right-of-way.&#039;)&quot;&lt;/blockquote&gt;</description>
		<content:encoded><![CDATA[<p>On August 11, 2004 cyclist Gerardo Munguia was killed as a Laidlaw bus turned right across his path. <a href="http://www.cofad1.state.az.us/memod/CV/CV080510.pdf" rel="nofollow">The appeal</a> affirms that bus driver was not negligent, because she was already into her turn, BEFORE the cyclist entered the crosswalk. One thing is confusing in the facts was it never said whether the bike was in the street or sidewalk &#8212; the general setup was this was a right-hook by the bus. In any event, the court recognizes that which party has the right-of-way in a crosswalk; a straight-through cyclist, or the turning motorist, depends on which is there first&#8230; the appeal revolved around the denial of a jury instruction; the instruction quoting 28-645 would have implied the bus driver was at fault: part of the disputed instruction was &#8220;Under Arizona law, the school bus had a duty to yield the right-of-way to a bicycle or pedestrian in the crosswalk while the light was green&#8221; </p>
<blockquote><p>&#8220;For the jury instruction to have been proper, there would have had to have been evidence produced at trial showing that Decedent was &#8216;in the crosswalk&#8217; at a  time when the bus could have “yield[ed] the right-of-way,” or in other words, at a time before the bus itself occupied the right-of-way.   See, e.g., <a href="http://scholar.google.com/scholar_case?case=13972402829498057434&#038;hl=en&#038;as_sdt=2,3" rel="nofollow">Luellman v. Ambroz</a>, 516 N.W.2d 627, 634 (Neb. Ct. App. 1994) (&#8216;If [the bicyclist] was riding in the crosswalk prior to the time [the motorist] made her right turn, [the bicyclist] had the right-of-way.&#8217;)&#8221;</p></blockquote>
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		<title>By: azbikelaw</title>
		<link>http://azbikelaw.org/blog/sidewalk-cycling-in-arizona/comment-page-1/#comment-7597</link>
		<dc:creator>azbikelaw</dc:creator>
		<pubDate>Fri, 15 Apr 2011 22:31:54 +0000</pubDate>
		<guid isPermaLink="false">http://azbikelaw.org/blog/2007/06/12/sidewalk-cycling-in-arizona/#comment-7597</guid>
		<description>Matthew Preston fatality; lawsuit versus City of Tucson; &lt;a href=&quot;http://www.apltwo.ct.state.az.us/Decisions/cv20090090mem.pdf&quot; rel=&quot;nofollow&quot;&gt;appeal&lt;/a&gt;

&quot;On October 3, 2001, Matthew Preston, a graduate student at the University of 
Arizona, was riding his bicycle  northbound on the west sidewalk of Tucson Boulevard&quot;

tips: you can seach Arizona Court of appeals (arizona has two divisions) by doing this google search:
&lt;a href=&quot;http://www.google.com/#sclient=psy&amp;hl=en&amp;site=&amp;source=hp&amp;q=bicycle+site:www.cofad1.state.az.us&amp;aq=f&amp;aqi=&amp;aql=&amp;oq=&amp;pbx=1&amp;bav=on.2,or.r_gc.r_pw.&amp;fp=253a85f0f6bc4b61&quot; rel=&quot;nofollow&quot;&gt;bicycle site:www.cofad1.state.az.us&lt;/a&gt;
&lt;a href=&quot;http://www.google.com/#sclient=psy&amp;hl=en&amp;source=hp&amp;q=bicycle+site:www.apltwo.ct.state.az.us&amp;aq=f&amp;aqi=&amp;aql=&amp;oq=&amp;pbx=1&amp;bav=on.2,or.r_gc.r_pw.&amp;fp=253a85f0f6bc4b61&quot; rel=&quot;nofollow&quot;&gt;bicycle site:www.apltwo.ct.state.az.us&lt;/a&gt;</description>
		<content:encoded><![CDATA[<p>Matthew Preston fatality; lawsuit versus City of Tucson; <a href="http://www.apltwo.ct.state.az.us/Decisions/cv20090090mem.pdf" rel="nofollow">appeal</a></p>
<p>&#8220;On October 3, 2001, Matthew Preston, a graduate student at the University of<br />
Arizona, was riding his bicycle  northbound on the west sidewalk of Tucson Boulevard&#8221;</p>
<p>tips: you can seach Arizona Court of appeals (arizona has two divisions) by doing this google search:<br />
<a href="http://www.google.com/#sclient=psy&#038;hl=en&#038;site=&#038;source=hp&#038;q=bicycle+site:www.cofad1.state.az.us&#038;aq=f&#038;aqi=&#038;aql=&#038;oq=&#038;pbx=1&#038;bav=on.2,or.r_gc.r_pw.&#038;fp=253a85f0f6bc4b61" rel="nofollow">bicycle site:www.cofad1.state.az.us</a><br />
<a href="http://www.google.com/#sclient=psy&#038;hl=en&#038;source=hp&#038;q=bicycle+site:www.apltwo.ct.state.az.us&#038;aq=f&#038;aqi=&#038;aql=&#038;oq=&#038;pbx=1&#038;bav=on.2,or.r_gc.r_pw.&#038;fp=253a85f0f6bc4b61" rel="nofollow">bicycle site:www.apltwo.ct.state.az.us</a></p>
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