Safety Classes? Why? Why not?

Today on the ACA mailing list (I'm not a member but I occasionally read it here) an interesting message was posted by Lenore Shefman, a local attorney who specializes in representing cyclists. Lenore's post was in regards to the Traffic Skills 101 (TS101) class the ACA offers, and its possible benefits beyond what it teaches you:

Here is food for thought (a bike lawyers perspective-hypothetical and actual):

You are cycling and you are injured by a motorist's negligence. You bring a claim to recover your damages. Motorists, not unlike some cyclists, have a great deal of prejudice against cyclists already, and are not only the majority of who makes up a jury but very likely to find liability on the part of the cyclists, even where the cyclist was not at fault at all! My statistics are not precise, they are based on a seven year sampling of cases litigated and reported to JuryVerdicts in the US- Jury's tended to find a cyclist 30% liable-even where there were no facts to support cyclist liability.

More commonly in deposition of our clients the question is beginning to arise (and it is new) and the question is typically, "Have you taken a bicycle safety course?"

This question goes to the heart of what an insurance company is after-limiting your recovery.

By taking a bicycle safety course, you are saying you are educated in the rules of the road-as compared with the slight mention of the word bicycle in the driver safety and education manuals given to new drivers. Not only are you more educated, you are demonstrating to those with lesser knowledge that you took the time to be defensive, safe, and ride in a manner responsible and in harmony with motorists/jurors.

When you get the police report and it says you had on a helmet, were riding with brakes, lights, mirrors, safety colors, and it is later learned you were responsible enough to take a bike safety course- there is very little else you can do and it shifts the burden back where it properly lies-with the negligent motorist.

lenore shefman

After reading this I'm really considering attending one of these classes. I've been playing in traffic since I was a kid and know how to avoid many common auto-bike collisions because I've HAD to avoid them many times in the past, but her point about it helping you in a court of law is valid, and resonated with me.

I've had 3 collisions with cars that were settled through the drivers' insurance companies, and two more which I settled on the spot for cash. I've never had to go to court for anything, but at the same time I've always been able to get up and deal with the situation immediately. Plus, I can't discount the gravity 220lbs of tattoos and scars carries when it's staring your car down angrily after you've knocked it to the pavement through discourteous driving. I hope to everything holy the day never comes but I expect that one of these times I won't be able to get up and walk away from a collision, and will have to deal with it through the legal system to obtain a fair resolution. That's when the $60 and couple hours spend in the course will pay off.

I know a lot about bicycling in a busy urban environment, but I'm not omniscient. My knowledge has gaps and the car that hurts me bad is the one I probably won't even see coming. It's also for these reasons that I've been strapping on a helmet more often. I'll oft-malign mandatory helmet rules on events and in general because I don't like being dictated to regarding my safety or personal well-being. I take care of my own self, thanks. BUT as I get older I guess I'm valuing what's inside the styrofoam a little more or something, but I've definitely seen the way I bike change over the past few years. I still run reds and stop signs but I'm much more conservative about when I'll pull it to a stop and when I'll book it. I ALWAYS use lights and ALWAYS signal, because I want the cars to know what I'm about to do. It's simple stuff that can make a difference.

I don't know why I'm ranting about all this, I need to get my ass downtown and do the city council meeting business. But this email really got me thinking about safety and the value of classes, helmets, etc. It's a personal choice and one we all have to make for ourselves, but it does give one something to think about. I know I've been making some different decisions lately.