There is so much I love about being your lawyer. Can I share it with you?

I have gotten to know many of you deeply and to learn about your families and careers.  This has been rewarding.  Without being your lawyer, I would have never understood what it takes to be a marine helicopter search and rescue personnel, a horse race timer, a limousine driver, an inner-city school teacher, a professional fisherman, a 911 operator, a safe-routes-to-school coordinator, a homicide investigator, a critical care physician, or the first-chair trumpet in the FAMU marching band.

I have witnessed courage from you that I cannot fairly describe.  I have seen a single mother in her 20s, suffering from paralysis from the neck down, be genuinely grateful and joyous and thankful until she died prematurely.

I have been at your side in your most private moments, when you lost your spouse or your child, and have seen how you somehow find strength.

I have more admiration for you than I could hold for a glamorous sports star or celebrity or political figure.  It is astounding to witness your suffering pain while maintaining optimism, having exhaustion while showing acceptance, or dealing with a personal tragedy while choosing to think about other people instead. You usually muster these traits quietly and patiently.

I have been inspired by your remarkable displays of faith and spirituality in all forms, religious and otherwise.  You have been a profound influence on my own faith journey.

I have seen how much you care about your world.  When it would be easy to draw inward, with all of the challenges caused by your accidents or injuries, I have seen you make enormous contributions to others.

You have cared for me.  It was supposed to be my role to aid you.  Often, I have been gifted by your own comfort or support or guidance.

On my 35th anniversary, I don’t want to think about me.  I have gratitude for you.  Thank you for being my friend and my role model for how to handle adversity with dignity and love.

Florida is the most dangerous state in the United States for non-motorists.

Using 2018 data (the most recent available), 2018 was the most deadly for people walking and riding bicycles in the U.S. in the last 30 years.

In 2018, motorists killed 6,283 people walking and 857 people riding bicycles in the U.S.

It is reported that Florida set “safety” standards for 2018 which actually allowed for an increase in the goal number of non-motorized deaths and injuries to 3,447.  Then after setting a goal that would accept an increase in fatalities and injuries, Florida still exceeded its increased goal. See below.

Florida officials should be concerned and embarrassed, but not surprised.  Here are its most recent state and city rankings in the Dangerous By Design reports, which are released every few years:

1. 2019 – Florida is the most dangerous state in the U.S. for non-motorists.  Orlando, Daytona Beach, Melbourne, Sarasota, Lakeland, and Jacksonville are the 6 worst metro areas in the whole U.S. for pedestrian danger. 
2. 2016 – Florida is the most dangerous state in the U.S. for non-motorists.  Fort Myers, Melbourne, Orlando, Jacksonville, Daytona Beach, Lakeland, and Tampa are the 7 worst metro areas in the U.S. for pedestrian danger. 
3. 2014 -  Florida is the most dangerous state in the U.S. for non-motorists.  Orlando, Tampa, Jacksonville, and Miami are the 4 worst metro areas in the entire U.S. for pedestrian danger. 

Is anything being done to reverse the trend? Apparently not enough - Florida’s ranking as the most dangerous state has not improved over 9 years. 

Orlando continues to lead the country.  (Miami has improved.) 

Where I live in Jacksonville, Florida, some positive efforts are being made by the local government. The City of Jacksonville has installed rectangular rapid flashing beacons at key pedestrian crosswalks in 50 different metro locations since 2016.  Rectangular rapid flashing beacons increase safety at crosswalks. 

What is the problem we are trying to solve?  Sadly, motorists too often fail to yield the right-of-way to pedestrians.  From my own experience, Florida drivers are far worse than in many other places!  When I am on the west coast, drivers seem to be on the lookout for pedestrians and stop more frequently to allow pedestrians to cross. But in Florida, drivers seem to be oblivious far too often to people on foot.  Studies have concluded that installing rectangular rapid flashing beacons may increase the yield rate of motorists for about 20% to 80%! They have also been approved for use in the U.S. since 2008. 

When it comes to pedestrian deaths and injuries, drivers’ failure to yield is just one part of the problem. There are many places where facilities for pedestrians are lacking, where there are no sidewalks or crosswalks. The lack of facilities often causes pedestrians to walk or cross in unsafe locations.  With motorists not yielding, the solution requires more than rectangular rapid flashing beacons. 

Efforts to educate drivers and pedestrians must occur as well.  Motorists who fail to yield must be issued traffic citations. The combination of better facilities, educating motorists and pedestrians, and enforcing the laws especially in high danger locations, is the way to make real progress.  

The photo at the top of the page shows the new buffered bike lanes on Stockton Street. They used to look like this.

Here is a photo of the connected Beaver Street bike lanes:

Buffered bike lanes are conventional bicycle lanes paired with a designated safety zone separating the bike lane from the motorist lane. Buffered bike lanes are safer because they allow a greater distance between vehicles and cyclists. They also give cyclists a greater sense of confidence in being able to ride out of harm’s way. They are especially helpful on roads with higher speed vehicles, higher traffic volumes, or higher numbers of large vehicles occupying the roads. They require a bit of extra right-of-way, but the safety enhancement is well worth it. Buffered bike lanes are also especially beneficial when there is vehicle parking on the edge of the road. These keep cyclists out of the “door zone”, where motorists might otherwise open their vehicle doors into the path of a traveling bicyclist.

Please continue to advocate for better, safer cycling and pedestrian facilities in your community!

Thank you City of Jacksonville for this needed improvement!

I hope you are able to celebrate National Bike Month! May is National Bike Month in the U.S.A. and has been recognized and celebrated by cities all around our country since 1956.

Social distancing of 6 feet fails when people are moving, such as walking or running or cycling. It is too close. Six feet is the right “social distance” only when people are stationary. 

When a person breathes out, especially with sneezing or coughing, this person releases small droplets that may transport COVID-19. Another person in the vicinity can be infected by inhaling these droplets, or by getting these droplets on their hands and then touching their mouth. 

The purpose of “social distancing” is to allow the droplets to evaporate or disburse before potentially infecting bystanders. When a person rides a bike, the droplets emitted from this person travel backward quite a distance. Researchers were able to use a wind tunnel to replicate walking or running or cycling and the path of the droplets released by the athletes. They found that when walking at an average pace, one walker should stay behind the other walker around 16 feet – not 6 feet. Runners keeping 6:44/mile pace should keep a distance of 33 feet behind each other. Cyclist riding 18 mph should keep 65 feet behind each other – more than 10 times the “social distance” norm of 6 feet. 

The researchers found that walking, running, or cycling side-by-side seemed to be safer than following in the “slipstream” or your training partner. The risks could be reduced by wearing a mask while exercising, to minimize the distance with droplets travel.

The best advice – KEEP EXERCISING during the crisis. Riding a bike is a great way to stay healthy, both physically and mentally. But stay out of the slipstream of other cyclists, where their droplets are still active. Stay back a safe distance or ride well to their side. 

With its 2013 law, Florida was 1 of 5 states where texting while driving was not a primary offense – where drivers could be stopped solely for texting and driving.  The 2013 law only applied to drivers who were texting or emailing by pushing buttons on their device. The 2013 law did not apply to voice-activated communications. The 2013 law also did not apply to drivers when their vehicle isn’t moving. The car had to be moving for the driver to violate the law. Sitting still at a stop sign made texting legal.

The 2019 Florida texting law is only modestly stronger. 

Texting, while driving, is now a “primary offense” in the state of Florida. A driver can be stopped and cited exclusively for texting or emailing while driving.  Drivers violate the law when typing or sending a text/email, but also by reading a text/email. Just as with the 2013 law, the 2019 law bans driving while using “hand-held” devices for texting and emailing. 

The new texting law does not ban talking on a hand-held device.

The new law does not ban “hands-free” use of a device to text or email. It is legal to use a hand-held device by any method while stopped. It also does not ban using devices or systems for navigation.  

The new 2019 texting law does not give the officer a right to search the driver’s wireless communication device without obtaining a search warrant or the driver’s consent.  Finally, although the 2019 law generally allows hand-held devices for phone calls, it bans using a portable or hand-held device for phone calls in a two areas of increased danger - school zones and road construction zones, if workers are present. A first violation of the 2019 law results in a fine of only $30, while a second violation increases to $60 – an amount which is about the cost of many monthly wireless service plans.

How does Florida’s anti-texting law compare to other states’ laws? 

Florida still has one of the weakest laws. For example, there are 22 states which ban drivers from using a hand-held device for any reason, not just texting/emailing. Several states prohibit school bus drivers from using a cell phone by any method, including hands-free. Florida has no law for school bus drivers. 

Many states also ban drivers under the age of 18 from using cell phones, even hands-free, for any reason. Not Florida. Here's a PDF of Distracted Driving Laws by State.

There is no question that Floridians need a strong law for their safety on the roads. The Florida Department of Highway Safety and Motor Vehicles concluded that there were 51,000 crashes in 2018 caused by distracted driving. Drivers who text and drive are eight times more likely to cause a crash. Cyclists and pedestrians are at dramatically increased risk of harm in accidents involving vehicles. Bicyclists and pedestrians have very little protection when a car crashes into them. Cyclists or pedestrians hit by cars traveling 40 mph or more will die most often. 

Distracted driving occurs in more ways than just when a driver’s eyes leave the road. Distracted driving also takes place cognitively when a driver’s attention leaves the task of driving. Talking on the phone results in distracted driving. Drivers’ brains are incapable of giving 100% concentration to driving while they talk on the phone.  Cell phone usage reduces a driver’s attention by as much as 37%!

There is also a continuing problem of enforcing the anti-texting law. According to the new law, the police may not confiscate a driver’s phone once a driver stops. Police may not inspect the phone without a search warrant. They cannot hold the driver’s phone while they wait for a search warrant. In a sense, the anti-distracted driving law creates an unexpected result. To prove the driver’s violation of the law, the police officer must see the driver pushing buttons on a hand-held device. How can they make such an observation while keeping their own eyes on the road? 

Florida should pass a more restrictive law. 

While the 2019 texting law is a step in the right direction, it still needs to be improved. Our Florida law should ban all cell phone usage while driving, whether the device is being held or used hands-free. 

Two national bicycling advocacy organizations - the League of American Bicyclists and PeopleForBikes, strongly support the Arkansas law.  The law has bipartisan support and allows a cyclist to do two things:

• They may treat stop signs as yield signs, and after slowing down, they may cautiously enter the intersection.
• After they have entirely stopped at a red light, they may proceed forward with caution while the light is still red.

The Idaho stop law does not apply to bicyclists riding on the sidewalk – only in the roadway. 

There are important reasons to support an Idaho stop law. 

Data suggests that the law enhances bicycle safety.  First, Idaho has proven to be an exceptionally safe venue for bicycling under its stop law.  In 2010, Cal-Berkeley’s Public Health Department published a study about the impact of the Idaho stop law by comparing Boise, the state’s largest city, to cities of comparable size in other states. 

The study concluded that Boise experienced a reduction in bicycle injuries of 14.5% the year after the Idaho stop law passed. Boise also had lower bicycle injury rates than other comparable cities without the law.  Second, an Idaho stop law makes sense because it allows cyclists to clear an intersection before a conflict with a motorist can arise.

One of the common crash modes for cyclists is called the “right hook.”  With a right hook, a motorist makes a right turn at an intersection in which the cyclist to the right of the driver is going straight.  Too frequently, when the motorist and cyclist are both at a complete stop, the motorist does not realize the cyclist is present.  When the light changes to green, the driver turns right – into the cyclist.  The Idaho stop law would authorize the cyclist to get a head start before the motorist moved into his right turn.  The law would alleviate the bicycle crash because the cyclist had already cleared the intersection.

Another reason to pass the Idaho stop law is that it puts into law how cyclists already tend to behave.  Cyclists often slow down at intersections but don’t take their feet off the pedals and reach a speed of 0 mph.  The process of losing momentum, stopping completely, and then starting from a complete start, requires the expenditure of more energy by cyclists, causes cycling as transportation to take more time, and detracts from bicycle commuting as an alternative to motor vehicles as transportation.  Complete stops at every stop sign result in inefficient cycling.  For cyclists, too much traffic or too many stops causes them to avoid the route altogether. Thus, cyclists often roll very slowly at stop signs instead. It is less time-consuming and more efficient for cyclists to be able to roll slowly at an intersection and not have to stop completely.

Another reason to support the law is that it encourages cyclists to choose quiet streets for riding.  Cyclists tend to select routes with low motorist traffic if they are allowed to yield at stop signs.  Without motor vehicles in their close vicinity, the cyclists find they are safely able to yield without losing momentum on roads with low volumes of cars.

To encourage bicycling and promote its safety in intersections, Florida should adopt an Idaho stop law.

Safety has been a concern in the past with Salsa forks due to another recall. It’s at least the 4th time. In 2004, Salsa recalled approximately 500 of its Campeon bicycle forks due to the risk of cracking or breaking, “causing a sudden loss of steering control and causing a fall hazard to bicyclists.”  Salsa offered to repair the forks.  The recall was under the guidance of the U.S. Consumer Product Safety Commission.

In 2013,  Salsa Cycles recalled its bicycle forks, with the oversight of the U.S. Consumer Product Safety Commission, due to a defect which caused a potential fall hazard.  Then, Salsa indicated that its forks could bend above the disc brake mount.  The recall affected 1,700 forks, and Salsa either replaced the forks or refunded the consumer.   

In 2014, Salsa recalled “Salsa Bearpaw Bicycle Forks” because “[t]he bicycle fork can bend or break, posing a fall hazard to the rider.”   Once again, Salsa offered either a replacement fork or a refund.  The recall was for 2,500 forks sold by Salsa.

In 2009, Salsa voluntarily recalled 8,600 handlebars stems, in conjunction with the U.S. Consumer Product Safety Commission report due to handlebar stems cracking or breaking. Consumers were told to stop riding bicycles with the Salsa stems immediately. Again replacements were offered.

The U.S. Consumer Product Safety Commission has the responsibility of protecting the public from unreasonable risks of injury or death associated with the use of consumer products, including bicycles. 

If you have been injured or harmed because of a defect with a bicycle or one its components, such as a fork, stem, handlebar, or other parts, please contact me for a free consultation about your legal rights.

Jacksonville will attempt to reverse this course.

Florida Cycling Attorney, Chris Burns, was an active member on the steering committee for the Jacksonville Pedestrian Bicycle Master Plan.  The Plan does not mince words in identifying Jacksonville’s problems. The Plan says that Jacksonville has “many of the necessary characteristics of walkable and bicycle-friendly communities.”  However, the Plan also states, “At the same time, Jacksonville has many of the characteristics that contribute to a less safe, comfortable and convenient walking and bicycling experience.”

The Plan further concludes that there is an “alarmingly high number of fatal and serious roadway crashes, particularly involving pedestrians.  More than 100 people are killed on Jacksonville roadways each year…, and between a quarter and a third of the victims are pedestrians or bicyclists…”  The Plan unequivocally states, “Jacksonville needs a roadmap to quickly and effectively close the gap between the potential for bicycling and walking in the area and the reality of a dangerous, inconvenient and unattractive environment for bicycling and walking today."

“The Pedestrian and Bicycle Master Plan is that roadmap. The City of Jacksonville Pedestrian and Bicycle Master Plan should be the turning point; the moment when the City decided that an annual loss of 30-40 pedestrians and bicyclists on its roadways was simply unacceptable.”

The question remaining is the crux of the matter.  Will Jacksonville now deposit its written Plan in a bookcase to become dusty, or will Jacksonville take the necessary steps to implement the Plan successfully?

This question is indeed one of life or death.  As the Plan states, “Each life lost or affected by serious injury on the roadways of the City is a tragedy for the victim and their friends and family.”  Jacksonville must implement the Plan to reduce mortality and morbidity of victims. The Plan says that Jacksonville must take action now.  It states, “the Plan is a clarion call for action in the face of the terrible toll of death, injury, and crashes on area roads."

The death toll is just the tip of the iceberg: hidden beneath the surface is a level of fear and danger on Jacksonville roads that stifles demand for active transportation. It also poorly serves a population that has no choice but to walk or ride regardless of the conditions, and which provides little incentive for drivers, cyclists, or pedestrians to follow the rules or respect each other.

The Plan calls for several important initiatives. Within ten years hundreds of bicycle and pedestrian infrastructure improvement projects will need to be constructed.  The City of Jacksonville must adopt a “Vision Zero” policy. 

The Plan emphasizes that Jacksonville must collaborate with and engage its residents to assist in solving this local pedestrian and bicycling public health crisis. 

Jacksonville has made a small first step.

The city has installed numerous rectangular rapid flashing beacons and dangerous pedestrian crossings.  It has funded and begun the process of constructing four bicycle facility projects.  However, much, more is necessary. Only time will tell whether Jacksonville’s commitment is real or hollow.

Florida Cycling Attorney Chris Burns has been an avid cyclist for his entire life. He has concentrated his law practice on zealously guarding the rights of cyclists and pedestrians for the past 34 years. Please don’t hesitate to contact him to discuss your legal rights.

In 2015, 12% of all cycling deaths involved an intoxicated motorist (see PDF report).  It is worth noting that 29% of all traffic fatalities involved a drunk driver.  hen it comes to accidents involving a cyclist and a vehicle, motorists are much more likely to be intoxicated than cyclists.

Hit-and-run is an epidemic in the U.S. as many drunk drivers attempt to leave the scene of their crash to avoid arrest and charges for DUI. It is estimated that there were 737,100 accidents where an offending party left the scene (view PDF report). There is no accurate way to analyze how many of those hit-and-run drivers were intoxicated. We do know that hit-and-run drivers are a horrendous danger for pedestrians.

The Foundation for Traffic Safety has concluded that the majority of people killed by hit-and-run drivers are pedestrians. Off all pedestrians killed, they indicate that about 20% involved a driver leaving the scene. For this reason and others, Florida strengthened its hit-and-run law in 2014. As the Florida Department of Motor Vehicles explains, “The penalties for hit and run drivers changed on July 1, 2014 when the Aaron Cohen Life Protection Act (section 316.027, Florida Statutes) was signed into Florida law. The statute is named after Aaron Cohen, a 31-year-old avid cyclist and father of two that was fatally struck by an alcohol impaired driver that fled the crash scene in February 2012 in central Florida. The hit and run driver was sentenced to just two years in prison, a lesser sentence than what the motorist would have served had he been sentenced on a DUI manslaughter charge. The Aaron Cohen Life Protection Act imposes a mandatory minimum of 4 years for a driver convicted of leaving the scene of a crash resulting in a fatality.” 

Should you be the victim of a drunk driver, you have rights to recover money from that driver or his car insurer for your injuries and damages. To pursue the driver for his insurance coverage, you will want to retain a private attorney to bring a civil claim.  Depending on the state, you may also be able to be awarded “restitution” in the criminal proceeding against the driver.  Restitution would be handled by the prosecutor, or state attorney, or district attorney.  Restitution often goes without being paid and is a small issue of many in the criminal matter.  One can see how a drunk driver placed in jail would be unable to work and may not be able to pay restitution.

Florida law allows you to proceed against the drunk driver and their car insurance in civil court at the same time that their criminal case is pending.  If you are hit by a drunk driver, you should contact a private attorney to represent you as soon as possible. 

Governments may blame their lack of manpower or budget constraints for a failure to fix potholes or other dangerous conditions.  But cyclists should know that state, county or local governments can be responsible for injuries occurring to cyclists in a crash caused by defects in the road, such as potholes, dangerous metal bridge gratings, or unsafe sewer or drain covers. Government should have a method to determine what roads require maintenance, and a protocol to repair the roads in a timely manner.

Private road contractors, as well as governments, may also be responsible for the condition of roads. Not infrequently, branches of governments enter into agreements with road maintenance contractors to perform necessary repairs or even inspections of roads.  In this situation, the private contractor also may likely have a duty to cyclists to maintain the road so that it is reasonably safe. Those road contractors could also be responsible to compensate an injured cyclist.

Under the law, governmental owners of roads actually owe two duties to cyclists:

1. To maintain the road in a safe condition, and
2. to give a warning about the road danger, prior to repairs being completed.

One Florida Court has stated, “A pothole is not a natural condition... A pothole forms when a landowner fails to maintain the property; it is a portion of pavement that has fallen into disrepair.”

Quite commonly, governments try to avoid responsibility for road defects by claiming they didn’t know about them. Often, the main issue boils down to how long the pothole or road defect was present, how large it was, and whether the government should have known about the dangerous condition. At least one Florida court has concluded that how visible or apparent the pothole was, and whether the government should have repaired it, are questions to be answered by a jury.

If you have suffered a bicycle crash and injuries due to a pothole or other road defect, don’t hesitate to contact Florida Cycling Attorney, Christopher Burns, to discuss the circumstances of your incident.  As always, all consultations are free of charge.  You may reach him at ph 904-632-2424 or email at chris@floridacyclinglaw.com.