Tomorrow is December 23.  For most people this is not a date that comes with great anticipation, but for Seinfeld fans we all know that December 23 is Festivus.  As Frank called it: “A Festivus for the rest of us.” 

The reason I bring this up is in the Seinfeld episode during the Festivus dinner you gather your family around and you tell them all the ways they have disappointed you over the past year.  This is called the airing of grievances. 

So I thought I would air my grievances about Louisville drivers and how their actions can cause serious automobile accidents here in Kentucky.  Car accidents can have severe consequences and distracted driving is even worse during the holiday season. We all have our minds on other things.  Holiday road rage runs wild.  Here are a few of the grievances I have against some of those drivers that use the Louisville roadways:

            1. Bicyclists That Ignore the Law.    As I was riding to work this morning I got off the expressway at Jefferson Street.  As I was driving down Jefferson Street I saw someone riding their bike to work, which I commend.  The same laws of the road apply to bike riders as to cars.  This particular rider, during rush hour mind you, was riding the white line of a lane in between cars. He was only giving himself a foot on either side as he went down through the traffic.  This is just downright dumb.  I hope he made it to work.  The chances are if he continues this activity, he is going to be involved in a bicycle accident. He will be injured and have problems for the rest of his life.

            2. Texting and driving.  I had someone pull over into my lane as she was texting and had no idea that it even happened.  Get off the phone and concentrate on driving.  It’s very simple to do and it will save your life as well as others’ lives.  Is it worth being in an accident because you need to text, “Oh my gosh” to your girlfriend in the next 13 seconds?

            3. Using Two Lanes to Make a Turn. Stay in your lane. Don’t make a right turn by initiating your turn toward the left.  Stay in your lane.  You don’t have to veer to the left and into the other lane in order to make a right-hand turn.  You can do it within the lanes.  That’s why the lines are there.

            4. Tailgaters.  Get off the rear end of my car.  You’re not going to get there any quicker because you’re 5 feet off my bumper.  Be three car lengths back.  There is a reason this is recommended.  You’re reaction time is not good enough if I have to slam on the brakes for a deer.  You’re going to cause an accident and you’re going to hurt my back.  Back off.

            5. Icy Road Speeders. When the roads get wet and snowy, slow down.  There’s no reason to go 75 miles an hour in a 45 mile per hour zone weaving in and out traffic.  I know 95 percent of the road is okay, but if you hit that one spot at the wrong time you’re going to lose control and cause a serious car wreck.  You don’t need to be in an accident this time of year and neither do I.  Slow down, drive smart, don’t be an idiot.

            These are just five of my grievances I have to voice against Louisville drivers. I have many others. These are just some of the poor driving skills I’ve seen in the last few weeks.  I know I’m somewhat making light of this, but my point is if you are careful you can save yourself from being in an accident. You don’t have to be injured.  Christmas is a great time of year.  Let’s all drive smart and take care of ourselves and take care of other drivers on the road so that we can eliminate bicycle accidents, car accidents and truck accidents.  Have a safe and happy Festivus and let’s hope that there are no grievances to air about Louisville drivers and Kentucky car accidents in the coming year.

This past weekend I was invited to help plant trees along Bardstown Road between the Showcase Cinema and Hikes Lane.  This invitation was extended to me by Cindie Cook of the Bon Air Neighborhood Association.  For those of you who are not familiar with Cindie she was friends with Jen Futrell. Jen was the cyclist that was struck and killed by a van while riding her bike home from work down Bardstown Road on October 3, 2008.

This was a tragic accident that has brought attention and outrage to the plight of cyclists and pedestrians.

The Bon Air Neighborhood Association, as a group is a big part of an effort to make the Bardstown Road corridor a tree-lined boulevard that is both pedestrian and bicyclist friendly.  Cindie Cook believes this would encourage people to stop and shop.  Also, there is a hope that it would bring new business to the area, especially the now vacant Showcase Cinema buildings.

I believe an area that is active and as busy as Bardstown Road could be a much safer place for pedestrians and cyclists and especially those that live in the area.  As I was planting trees along Bardstown Road, the amount of traffic was unbelievable. Cars were buzzing by with very little break. I know it is hard to judge speeds as you are standing along the side of the road, but I would guess that many of these cars were speeding. During my three hours on Bardstown Road I saw two car accidents that occurred within 75 yards of where I was working. I also became oblivious to the horns that were honked almost continuously.

There was very little way for people in the neighborhoods along this stretch of Bardstown Road to walk to the mall, to restaurants or to even to cross the street.  My hope is that the efforts of Ms. Cook and the Bonaire Neighborhood Association will make this area safer, limiting automobile accidents, pedestrian accidents and bicycle accidents. 

I learned from Cindy that Kentucky is currently seventh in the nation in pedestrian and bicycle fatalities.  There were 32 cyclists and pedestrians killed in Louisville, Jefferson County, Kentucky in 2008.  It is her hope that the tree plantings will add awareness to bikers and walkers, as well as being a tribute to her friend that was killed.  I applaud Cindy Cook for her focus on celebrating and memorializing the life of her friend and for trying to make the streets a safer place. I believe her efforts will save lives and prevent many serious accidents from occurring.

The City of Louisville has experienced bicycle accidents and pedestrian accidents that have resulted in deaths over the past year. These include the triathlete that was killed during an event at E.P.Sawyer State Park earlier this year as well as several young children who were hit while riding their bikes. All of these deaths are needless and my sympathy goes out to the families and friends. They do, however, help to show the need for more driver awareness of those they share the roads of Kentucky with. We need more Cindies in Louisville to help make our roads safer.

Pedestrians and bicyclists beware! The Smart Car could get you. A problem has arisen with the national trend toward the development of electric cars. Electric cars make very little sound. That is a good thing for a driver and a passenger trying to carry on a conversation, but a potentially dangerous situation for pedestrians and bicyclists. Bicycle accidents and pedestrian accidents can be deadly.

The goal of the manufacturers of electric cars has been to develop and make them as quite as possible, as if the occupants were riding on air. This lack of noise and quietness can be extremely dangerous for those who depend on the noise of a car to avoid an accident. When I am out on the road riding my bicycle it is hard for me to hear an electric car until it is right up on me and passing me. It is as if it appeared from no where.

My wife has had the same experience while she is out walking for exercise. She trains for walks as long as 26 miles. I have heard her complain of cars sneaking up on her. This can be dangerous for all concerned. It is just as dangerous for a pedestrian crossing the road at a crosswalk. If a car making a turn and coming around the corner it is out of the sight of the pedestrian. The likelihood of an accident is increased if the pedestrian is not able to hear a car coming. I suspect that this is an even greater problem for the visually impaired.

Engineers are developing ideas to equip electric cars with artificial noises. Maybe in the future you will be able to pick the sound your car makes as it goes down the road much the way you now pick ring tones for your cell phone. I might pick a Jimmy Buffett song for my car.

At a meeting this September Nissan presented several proposed sounds to the National Highway Safety Administration. These artificial noises included:

·        The Chime

·        The Melody

·        A Futuristic Whirl

Congress is looking into legislation that would require vehicles to give “non-visual” warnings to pedestrians. There is a divide as to whether these sounds should be added to the electric car.

I believe adding sounds to an electric car will help to prevent some serious and deadly automobile accidents involving pedestrians and bicycles. This is especially true in the city. Without some sound coming from a car a bike or a pedestrian has very little chance of avoiding a serious accident.

Several years ago I was waiting for the light to change so I could cross. I was standing at the corner of 5^th Street and Muhammad Ali Blvd. I had my mind on a court hearing I was headed to. As the cross walk sign changed from “Don’t Walk” to “Walk” I put my foot over the curb and stepped into the cross walk. As I was doing this I heard a loud noise and instinctively stepped backed as a bus roared by me as it ran the red light. I was very close to becoming a hood ornament. Without the noise the bus made I am sure I would have been.

There are sounds on crosswalks and in elevators. Putting a noise or warning system on electric cars seems like a no brainer to me. It will make Kentucky roads safer and give bikers and walkers a chance at avoiding a serious car accident.

Over the last week I have seen a lot of bicycles out on the roads in Louisville as well as the Prospect, Kentucky area. I am not talking about all of the athletes that were in town training for and competing in the iron man competition. What I saw were people riding their bicycles through downtown Louisville that either do not know the law or are ignoring it. I was probably conscious of bikes since I had interviewed three potential clients in the last few weeks that were injured while riding a bicycle and were hit by a car.

The one common thread in these bicycle/automobile accidents was the fact that the bicycles were being ridden on the sidewalk. This is against the law and very dangerous. Local Louisville regulations apply to the operation of bicycles. This is defined in the local Traffic Code chapter on Bicycles and Motorcycles. The Traffic code states that: No person 11 years of age or older shall operate a bicycle on the sidewalks located within the geographical boundary limits of Louisville Metro.

There are a lot of other interesting rules, laws and safety considerations that all bicyclists should read, but that discussion will be for another time.  What this means is unless you are a child 10 years or other your bike is to be ridden on the roadways in Louisville, Kentucky. Not on the sidewalk!

Why can’t adults ride on the sidewalk? In my opinion it is for the safety of walkers as well as the cyclists. All of the accidents that I am talking about had a variation of the fact of bicycle riding on the sidewalk and then traveling into the street crosswalk where they were struck by a car. In most situations a car has no chance of seeing a bicycle entering the street from the sidewalk. The driver is not looking for anyone other than a pedestrian.

Know the law and protect yourself. If you are 11 years of age or older ride your bike on the road obey the rules of the road and use appropriate safety equipment such as reflectors and helmets. Protect yourself. Know and obey the law. Don’t find out after an accident that you were in the wrong. This will make all of us safer and prevent accidents.

A couple of months ago I wrote a blog on carbon fork failure and how that failure has the potential to cause a serious accident. The unfortunate fact is there have been cases that have resulted in paralysis. Since then I have spoken with several bicycle mechanics about the subject. When I had my bicycle tuned last week and new wheels put on (by the way I highly recommend the Mavic Kyserium Elite wheels) I had to ask the bicycle mechanic if there was any way to check my carbon fork. After seeing a fork that failed I was a little paranoid. I had looked at my fork for visible defects and ran my hand over the fork to see if I felt any cracks. I didn’t, but felt that there was another way to see if my carbon fork had any signs of fatigue.

I have been told that you can test your carbon fork by removing it from the bike and tapping it with a metal object, such as a knife. You tap up and down the fork. You are looking for a clear pinging sound with no dull sounds. Also, I am told that consistency is a key. Any differences in the sound may indicate a problem. This is a test that is possible to perform at home, although I would suggest having your bicycle shop perform the test. I am much more comfortable with a professional looking for problems, whether it is an attorney, an engineer or a bicycle mechanic.

If your bike has hit a pot hole or a curb you should have your carbon fork examined for a crack or defect. This type of stress may cause carbon fork failure. Be careful and have a qualified mechanic examine your bike and your carbon fork whenever you have encountered stress such as this. It may only take one hole or curb to damage the integrity of your carbon fork.

If I am flying down a hill at 40 mph plus I want to be absolutely sure my bike is in tip top shape. I trust a qualified mechanic at a bike shop much more than myself when performing this test. The primary goal is to prevent a bicycle accident. Proper maintenance is the key to keeping our Kentucky roads safe. I encourage everyone to ride safe and smart. Make sure you have equipment that is in good shape and make sure your carbon fork is not prone to collapse.

The city of Louisville has announced a new community awareness campaign called “Street Sense” with the hope of making our streets safer for bicyclists and pedestrians. The premise is we all share the same roads and should work together to make our Kentucky roads safer for everybody. You will see billboards on the side of the highway , at bus stops and on buses. You will see television spots and web videos. Even the good old fashion print ads will be part of this campaign.

The premise is to educate the public and make everyone more aware of the different ways of traveling on our Louisville roads. The Street Sense website has statistics and safety tips. Statistics automobile/bicycle accidents and automobile/pedestrian accidents include:

• Three  cyclists were killed and another 118 were injured in Metro Louisville in 2008 .

• Twenty-one pedestrians were killed and another 353 were injured. In 2008 locally.

This doesn’t count what has happened this year and in past years.  John Carr was the seventh bicyclist killed in Louisville within the last three years. This was at the Triathlon event at E.P Sawyer State park despite the presence of many other cyclist, cones and off duty police. Kenneth Yates has been charged with drunk driving and murder. In 2005 a drunk driver struck and killed, Charles Barfield, a cyclist on Bardstown Road. The driver was charged with Drunk Driving and Murder. He later plead guilty to Manslaughter in the second degree.

During this same three year period there have been a reported 482 accidents involving bicycles and motor vehicles. I am aware of several in the past month that have resulted in serious injuries that are not reported in the news. This doesn’t take into account the thousands of close calls that have occurred.

There are also tip sections for motorist, bicyclists and pedestrians to make the roads safer. Any serious cyclist will acknowledge that those of us that ride bicycles are not perfect and are the cause of some accidents and some near misses. Unfortunately, when you have the car you will win against a bike. It is up to you to protect the 10 year old boy that is pedaling to a friends house. It is up to you to make sure the mother makes it home to her daughter after a long walk. Respect for others is not a dirty word.

There are many drivers that are openly hostile and aggressive against anyone on a bike. I saw that in comments to a Courier-Journal article. I quote; “Those goofy helmets and spandex shorts are enough to make anyone want to run you down…lol”Not at all  funny and a sad reflection on the attitude of a few people towards bicyclist and runners.

I have been buzzed so close  by a septic truck that I have ridden into a ditch. The person driving thought it was funny to come up behind and get as close as possible and lay on his horn. Not humorous at all from my perspective. I have had Mountain Dew cans thrown at me that thankfully have missed.. It doesn’t take a law degree or a High School Diploma to figure out that these are dangerous activities. It is plain old common sense what you should do and not do on the road.

Most of the Street Sense tips are common sense and you should know them from taking your driver’s test. Unfortunately common sense doesn’t always prevail when we are driving. Abramson says “all we can do is educate and inform.” I agree, but let’s take it one step further and respect everyone on the road.

I might no look great in spandex bike shorts, but do I deserve to be hit? As a cyclist I have the right to ride in the middle of the road, but shouldn’t I be respectful of the cars that are stuck behind me? Give them as much room as possible so they can get by and you can be safe. Check out www.louisvilleky.gov/StreetSense for some great tips. It is a great review whether you are a runner, a walker, a bicyclist or a motorist. Learn what others on the roads are doing and turn your common sense into Street Sense. It will save lives!

As a bicyclist I know that there are dangers out on our Kentucky roads. There is not a ride that I go on where someone doesn’t tell me to be safe. I usually shrug it off, thinking no big deal. I am a safe rider. It won’t happen to me. This weekend was tragic in many ways and will make me stop, listen and be more thankful for the suggestion to have a safe ride.

            In the last weekend here are some of the headlines we have seen about two fatal bicycle accidents:

·        Triathlete Killed By Hit and Run Driver

·        Child in critical, cyclist stable after fatal Radcliff accident

Both of these tragic accidents and deaths may or may not have been avoidable. You can not take the actions of a drunk driver into consideration as you are pedaling down the road, especially in an organized event. In the Radcliff accident the car hit the four bikes from behind and will undergo a blood test as part of the investigation. Alcohol may have been involved in both of these fatal accidents.

The other common factor was the visibility of the bicyclist. When riding a bicycle by yourself it may be hard for a car to see you. This is a complaint drivers have about both bicycles and motorcycles. There are steps you can take to make yourself more visible such as blinking reflectors, bright colored clothing and riding smart. But in these tragic deaths all of the victims were extremely visible.

In the triathlon the victim was part of an organized race. I find it hard to believe that the drunk driver, Kenneth Yates, had not passed and noticed several bikes before the fatal accident that killed John Carr. He was visible and presumably riding safe. There is no justification in my mind for Yates’ actions and the book should be thrown at him.

In the Radcliff accident there were three bikes on the road together. There is visibility in numbers if only the driver was paying attention. Once again the bicyclists appear to have been in the right.

I feel the problem lies with education of non riders in many situations. I was going to lunch yesterday down Market Street and I saw a car driving an entire block in the bicycle lane. They just were not aware that the lane was restricted for bicycle use. Later in the day I received a phone call from a potential client whose son was injured Friday evening when a car hit two bikes passing in front of it. One of the boys was dragged under the car. Thankfully there were no deaths. The driver should have seen the bicycles. There were two of them riding together.

As more and more bikes are on the roads, those that do not ride either for recreation or for transportation need to be aware of bikes and understand how they use our Kentucky roads. I have a “Share the Road” license plate and that is a start, but it isn’t enough. How can we educate the public? What can be done to make every one aware of bicyclists on the road so we do not have another weekend like this?

All drivers need to expect to see a bicycle on the Kentucky roads. It should not be a surprise. Until bicyclists are expected to be on the roads and not considered a second class citizen we will unfortunately have more tragic weekends.

I have a few hot spots that can get me very angry. Irresponsible drivers are at the top of my list, whether it is someone texting and driving or drinking and driving. This morning in Jefferson County E. P. Tom Sawyer State Park held its 28^th annual triathlon. It consists of a half mile swim, 14 mile bike ride and a 3.1 mile run. This particular event is not the caliber of the iron man series, but a family event. Parents often participate with their children.

At what is slated as a fun day ended in a horrendous tragedy. A participant, not yet identified, was killed by a drunk driver. The accident happened during the biking leg of the event. The victim was riding his bike down Chamberlain Lane when he was struck from behind by a motorist. The motorist, 25-year-old Kenneth Yates, did not stop but continued to drive with the victim’s bike on the hood of his car.

An off duty police officer who was directing traffic for the event saw Yates with the bike on his hood and stopped him. At this point Yates fled on foot to a house close by. Yates’ mother returned him to the scene. He was charged with murder, drunken driving and assault on a police officer.

Lance Armstrong told us in his video blog from the Tour de France to be safe out there. Unfortunately there are some things that are out of our control, that being the irresponsible actions of drivers. Kentucky roads are not known as bicycle friendly. Personally I have had some close calls, but no significant injuries. My sympathies go out to the family of this bicycle accident victim.

I would urge anyone who witnessed this fatal bicycle accident to contact the Louisville Metro Police Department so that what they saw can be documented. Every eye witness account is important and can potentially make a huge difference in the outcome of legal proceedings. Whether it is for the criminal prosecution of Kenneth Yates or the civil wrongful death action, eye witness testimony is critical. I f you saw something contact the police.

“Be safe on the roads” should go without saying. This is something most of us take for granted whether we are on a bicycle, a motorcycle or driving a car. Brenda Hollingsworth, a friend of mine and a great personal injury attorney in Ottawa told me about a video blog that Lance Armstrong posted this morning before starting Stage 19 of The Tour de France. Let me give you some back ground first.

There was a group of cyclist out riding in Ottawa on Sunday. They were struck and injured by a hit and run driver of a van. A tragic bicycle accident. They are recovering, but the culprit of this crime has not been caught. Lance Armstrong has been posting a video blog each morning during his historic, and dare I say epic, return to the Tour de France. He goes over the stage of the race for that day and makes a race dedication. This morning he also took the time to remember the bicyclists who were the victims of the Ottawa hit and run. Lance stated:

“… there was a group of cyclists hit in Ottawa yesterday by a van that just kept going, a hit and run, and I hope everybody there is doing well and we’re all thinking about you,” said Armstrong on his video blog. “Be safe on the roads, any time you have that interaction of bikes and cars, you never know what can happen.”

Let’s remember Lance’s words when we head out for our evening bike ride or riding to work in the morning. Let’s think of these words every time we get behind the wheel of our car. When we think about being safe we will treat our Kentucky roads differently. Automobile accidents are tragic. Thank you Lance for reminding us what is important and focusing attention on bicycle safety. I know there are hundreds of other things you could have commented on while getting geared up for your race today. I hope to see you on the podium this weekend and I wish the Ottawa cyclists a speedy recovery. Be safe on the roads!

At a seminar a couple of weeks ago I was walking past the exhibitors tables when a broken bicycle fork caught my eye. Since I ride my road bike 2 to 5 days a week during the summer (it seems I am becoming more and more of a weekend warrior) this grabbed my attention. I stopped and began speaking with Erin Higinbotham, a licensed engineer from Robson Forensic. These expert witnesses testify in many types of accident cases, including what I was interested in at that moment, a broken front carbon fork on a road bike.

My curiosity got me and I asked what happened. This particular case involved a man who crashed his bike and was paralyzed. Witnesses related that the biker was suddenly catapulted from his bike and landed on his head. The biker did nothing to cause the accident and it was related that only the front fork of the bike appeared to be damaged. Robson determined that the crash was caused by a sudden defect in the fork of the bicycle. The failure of the fork caused the bike to come to an abrupt stop and catapult the biker off of the bike.

Testing of carbon forks has shown that they can fail under stress past their yield point. The carbon forks are extremely light and make bikes handle better. They also make the ride more comfortable. Unfortunately when stress is placed on a carbon fork past the yield point they will eventually collapse. This stress can be from running into a curb or hitting a pothole. I was told that it can occur over time just from wear and tear. It was explained that the resin is strong but it is a wrap.  This wrap can loose its integrity easier then a steel fork.

I ride a Lemond Zurich that is part carbon, including the fork. I went home and immediately examined my fork to make sure I didn’t see any signs of stress. Thankfully everything looked okay. I am not screaming the sky is falling. I just urge cyclists to examine their equipment regularly or have a qualified technician look at it to make sure there are no structural problems with your bike. I ride the roads of Jefferson and Oldham County regularly. These roads are dangerous enough for bikers. Bicycle accidents can occur due to inattentive drivers of cars and trucks. Bicycle safety has to be a priority. We need to do everything we can to be safe and minimize the chance of an accident and make Kentucky roads safe.