[BikeLongmont] Re: Support HB1218

[Richard Masoner]

On Mon, 14 Feb 2005 19:17:49 -0700, Nenad <nenad at bicyclelongmont.org> wrote:

> I think I would support idea Richard Masoner floated - OK not to stop,
> assuming the cyclist is riding at walking speed. I know that "always
> stop" rule would be easier to enforce, but I doubs people would really
> follow it. 

The problem with the current law and with the idea of a full stop is
that it makes fault very easy to determine -- a collision will always
be the bicyclist's fault. It provides for full immunity for any
motorist and an automatic ticket for the bicyclist even if the
motorist is completely negiligent or even homicidal in his intent. It
is always automatically the bicyclist's fault. The current law is
ridiculous, and the proposal to require a full stop is almost as bad.

Using the existing law for pedestrians as provided for in Title 42
Article 4 Section 8 makes fault much harder to determine, but at least
a grossly negligent driver can be found at fault.

I'm also a road rider and an argument can be made that bicyclists
shouldn't be on the sidewalks anyway because sidewalk riding is X
times more dangerous than road riding, but I still believe that this
prima facie determination of bicyclist fault just erodes the rights of
all bicyclists. IMO.

RFM