Fall 2009

Iowa BicyclistIOWABICYCLECOALITION.ORG

IN THIS ISSUE:

Bike Rides in Okoboji

Cedar Rapids Rebuilding with Bikes

Bike Crashes and the Court System

Save the Date.Iowa Bicycle SummitJanuary 29&30.

The Iowa Bicycle Coalition, a state-

wide 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 commu-

nities,” states Wyatt.

Persons who wish to present information should submit a

brief synopsis of the presentation to the Iowa Bicycle Coali-

tion 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”

John LaPlante to Lead Iowa Bicycle Summit Workshop

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

STAFF

Mark Wyatt

Executive Director

Janelle Rettig

Development Director

Molly Gable

Safe Routes To School

Program Director

IowaBicycleCoalition.org

Advocacy NewsBy 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 over-

taking 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 NewsBy Janelle Rettig - janelle@iowabicyclecoalition.org

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 NewsBy Molly Gable - molly@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 coun-

tries participated. This year there are over 3,000 schools nation-

wide 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 informa-

tion 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.

Page 3

May 11 - 15, 2009

Iowa Bicyclist Fall 2009

Iowa Great Lakes Bike TrailsBy 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 country-

road loops that give riders the option of adding more than 60 miles

of crank time.

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

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.

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 through-

out 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

By Jeff Goodman

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.

Do the following names found familiar?

Erin Schroeder, Doug Smith, Ken Sherman, Kurt Hantleman, Leesa

Shoemaker, David Elbert, Dean Davis, Gerald Balvanz, Duff Powell, Rick

Lind, Betti Murphy, Benjamin Rodriguez, Devioin Sanders, Lucas Hyduke,

Paul Varum, Shakarian Jenkins, Randy Van Zee, Teresa Pugh, Douglas

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 motor-

ing 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.

Some who feel this way truly care for their two-wheeled friends.

Others seem to be guided by a more malevolent outlook.

After any motor vehicle/bicycle collision, one need look no

further than www.desmoinesregister.com for a sense of motor-

ists’ deep seated contempt and resentment for cyclists. In one

form or another, the message from the nameless, faceless

naysayers from the motoring public is consistent: The injured or

killed cyclist “shouldn't have been riding on the road” and/or the

cyclist “got what he/she deserved?”

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 differ-

ent 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

Road (i.e., which typically result in a modest monetary fine) to

serious or aggravate misdemeanors or felon charges (i.e.,

reckless driving or vehicular homicide) which can result in a fine

or jail time, license suspension or revocation, restitution, or both.

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

and there existing;

(3) failure to maintain control over one’s vehicle;

(4) failing to maintain a proper lookout;

(5) improperly overtaking a vehicle;

(6) failing to maintain the assured clear distance ahead;

(7) failure to overtake a vehicle in a safe and reasonable

manner; and

(8) driving recklessly.

Bicycle Crashes and the Iowa Courts

Iowa Bicyclist Spring 2009

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 Coali-

tion and the Dream Team.

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 mid-

winter pie,.

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.

Page 7

... Bikes & Courts ContinuedThese 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.

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.

In virtually all motor vehicle-bicycle collision cases, the motorist

alleges that the cyclist did something wrong and/or failed to do

something that would have prevented the accident or

minimized the cyclist’s damages.

Thus, the cyclist’s role in “causing” the accident (the defense

attorney will predictably argue) will be considered in the jury’s

assessment of the fault of the motorist and the cyclist.

The jury is free to assign 100% fault to the motorist and 0% fault

to the cyclist. However, jurors seldom conclude that the cyclist

was not at fault--not because of a deficiency in the law--but

because there exists an inherent, sublime bias in the minds of

most jurors that cyclists should not be riding on the roads and

that they would be safer on the bike paths.

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

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.

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. Anec-

dotal evidence suggests that jurors’ verdicts in motor vehicle-

bicycle accident cases may be influenced by factors which are

irrelevant to the legal determination they are sworn to resolve.

At all phases of a motor vehicle-bicycle collision case, the

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

inexplicable outcome.

Most jury pools are likely to be comprised exclusively of

automobile drivers. There may be a few recreational riders or

cycling enthusiasts called for jury duty, but by the time the

pre-trial jury selection has been concluded, any potential juror

who professes to own and ride a bicycle will likely be struck

from the jury by the defense attorney, and the remaining jurors

who are empanelled to serve on the jury will be members of the

four to eighteen-wheeled motor vehicle variety.

CONCLUSION

The outrage that we feel as cyclists when a motorist hits a fellow

cyclist is real and justified. However, beyond the cycling commu-

nity, 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.

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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.