Police Officers Unaware and Untrained on Bicycle Laws
After representing cyclists in too many bicycle accidents over the years, I have begun to see recurring themes in these bad events. To an injured cyclist, an accident is a random, unpredictable occurrence, but as a bike lawyer that deals with the darkside of cycling everyday, I see common threads among cycling accidents. In this series of articles, I will identify these common issues in hope of helping us all ride safer.
One recurring problem is the often-present tension between cyclists and police officers. It is almost as if two alien cultures (one wearing lycra, the other carrying guns) are confronting each other, and our safety is sometimes lost in translation.
Here is one of the root causes of the tension: many law enforcement officers simply do not know much about bicycling and bicycling laws. Often times, as surprising as it may seem, a police officer investigating an accident has no idea that there are laws governing cycling. Ignorant of the law, police officers seem to rely on their “common sense” in determining the rights and obligations of cyclists. This “common sense” approach is often wrong and can be dangerous (like advising cyclists to use sidewalks).
Another root cause, police officers often ignore the cyclist’s view, especially in accidents involving serious injuries. If a cyclist is rendered unconscious and transported by ambulance to an emergency room, the officer often completes the investigation on the scene and later delivers the results of the investigation to the cyclist. The cyclist has no role at all in the investigation of the accident!
Met with this surprising ignorance of the laws and refusal to fully listen to the cyclist’s version of events, cyclists routinely express their frustration directly to the police. Cyclists who have been victims of accidents (and near misses) are understandably outraged. That outrage is multiplied through cycling clubs, pace lines, and Internet chat groups, and is often personally directed at the police officer, whether at the scene, traffic court, or at City Hall.
But the expression of this frustration is not the right approach in dealing with law enforcement for two primary reasons: it wrongly presumes a bias against cyclists, and only hardens the police officer’s initial views of the situation, even if wrong.
As to bias, there is no question that many police officers are unaware and untrained on bicycle laws, and it is very clear that bicycle accidents are improperly and insufficiently investigated; however, this does not mean that police are hostile towards cyclists or biased against them. Police officers, more than probably anyone else, care about our safety on the road. They have dedicated their careers to making society safer and are underpaid and underappreciated for the difficult jobs they do. I can say this with absolute conviction: police officers do not want to report to an accident to find a cyclist injured or killed. They do care. Understanding that they are trying to do the best job they can to keep the road safe, it is a better tact to approach law officers with respect and dignity, even if they are wrong.
Here is why it matters: law officers are interested in learning more about the law. I have trained police departments throughout my state, and I find that they are courteous and very appreciative of the training and developing their expertise. This training can take place by bicycle advocates on a routine basis, but it can also take place after an accident about a particular accident.
When I represent a cyclist, one of the first things I do is to personally meet the officer. It is not unusual for police officers to rewrite accident reports where the initial determinations were wrong. I have had many situations in which an officer has cited the cyclist at fault only to change his or her opinion after reviewing the applicable traffic law. I find the issue is rarely about ego, but merely a police officer doing the best he or she can given limited experience and understanding of bicycling.
The National Highway Transportation Safety Administration (“NHTSA”) has developed a training DVD specifically for law enforcement personnel. It is available for purchase at the NHTSA website (www.nhtsa.gov). I have purchased many of these DVDs and hand them out when I speak to police departments. This self-guided DVD has been well received. Think about doing the same in your community. It will help open doors and begin a more positive relationship between cyclists and the police.
Also, do not judge a book by its cover. I have had a few remarkable cases in which my greatest ally was a traffic cop that looked like he hadn’t been on a bicycle since the third grade, only to find out that he was a dedicated weekend rider. Also, for those of us who are lucky enough to live in places with bicycle police forces, they are also very sympathetic to our plights on the road because they have to deal with the same indignities from drivers and road conditions as we do.
A cyclist, especially a tourist, should ride prepared. A cyclist should know the laws that govern cycling in that location, and cyclists should be well versed in communicating their rights and obligations to police officers, before and after any accident. Respect and polite behavior go a long way to winning supporters in the police department, where we need them.
By Peter Wilborn
Attorney at Law: Defner, Altman & Wilborn