Call

Blog

Law
02

Blog

Cycliq Footage Gets Police to Ticket Driver

Bike Law Maine Uses Video and Driver Gets Ticket

Last November, an experienced rider from Maine was commuting to work on his bicycle when a tractor trailer operator came up on him from behind him and passed him at a dangerous and nearly deadly distance.  As the rider describes it, as the tractor trailer operator was overtaking him, he was “boxed in” and he believes his jacket was “grazed” by the back of tractor trailer. If you want to see the unsafe pass for yourself, check out the footage, particularly the footage at 2:25 to 2:48. 

Fortunately, the rider used his strong handling skills to remain upright and injury free.  Not only did he survive the incident, but so did his front and back Cycliq footage, which proved very useful when I, as a Maine bicycle advocate and bike lawyer, contacted law enforcement on his behalf to discuss Maine’s safe passing law and follow up on the incident. 

Section 2070 (1-A) of Maine’s Motor Vehicle and Traffic Code sets forth the duties of care that motor vehicle operators must abide by when they pass Maine bicyclists on the roadway.  The law requires drivers to leave at least three feet between all parts of their vehicles and all parts of a bicycle when carrying out a pass.  As you can see from the Cycliq footage, three feet clearance was definitely not given by the tractor trailer operator to the bicyclist.

When the police in Portland, Maine were contacted about the incident and reviewed the footage, they agreed.  The responding officer even stated in an email to me: “The driver definitely should have changed lanes to the left travel lane when passing . . . .”  He also noted that “due to the good quality of the video and the help of the Vermont Department of Motor Vehicles Commercial Enforcement Division” he was able to get additional information regarding the truck and company involved in the incident.  

Unsafe pass bicycle ticket

At our request, the Portland Police proceeded to ticket the driver and contacted the company owner to share the footage and public safety concerns about its driver’s unsafe operational choices.  That same week, I was working on several other cases involving unsafe driver operation where the police exercised their discretion not to issue tickets. I was also on a group ride involving a similarly dangerous pass where no cameras were running and no ticket was issued despite five witnesses to the illegal operation and unsafe pass. 

The major difference, of course, was the Cycliq footage. Having this type of evidence available has time and time again proven to be valuable to cyclists.  

Comments

Contributory Negligence
Ann Groninger Apr 08, 2021

There is finally a positive development in the fight against Contributory Negligence in North Carolina. Last week a bill called the “Victims’ Fair Treatment Act” was filed in the North Carolina Senate. If passed, the bill would finally bring North Carolina into line with all but 3 other states by eradicating this deeply unfair law. […]

Read More
Bike Shop with wheels
Danny Feldman Apr 04, 2021

Birmingham is blessed to have a number of great bike shops.  Two of these shops, although very different, are the focus here.  Future blog posts from Bike Law Alabama will focus on some of the other great shops in Birmingham and throughout Alabama. A NON-PROFIT BIKE SHOP: REDEMPTIVE CYCLES Why choose Redemptive as your Bike […]

Read More
Dooring of bicyclist
Charlie Thomas Mar 24, 2021

Buena Batiste did not plan to be “doored.” She was knocked off her bike by a car door and then yelled at by the woman who opened it. Fortunately, we were able to take Buena’s dooring case to trial and win. And in doing so, we set a new precedent for bicyclists who suffer a […]

Read More
Bike Hand Signals
Peter Wilborn Mar 12, 2021

Before you get a driver’s license, you typically have to take a test that demonstrates your understanding of the rules of the road. This includes the importance of signaling your intentions when you are turning or changing lanes. Across the United States, bicyclists are required to use signals to let others know what they plan […]

Read More
Ash Our Streets
Daniel Brazil Jan 13, 2021

As a Minneapolis-based attorney, I live, work, play and bike in the city. Although my city might be known for its lakes and our infamous Juicy Lucy, Minneapolis’ dedication to having safer streets for all should be included in that list. To reach the safe streets goal, numerous non-profit organizations and groups are working tirelessly […]

Read More
Ambassador
Rachael Maney Jan 11, 2021

Applications for the Bike Law Foundation Ambassador Program are now live. CLICK HERE FOR THE APPLICATION. The deadline to apply is Sunday, January 24th. Those selected will be notified on or before February 1. Thanks for your support and willingness to work together to make bicycling safer for all. We are committed to you, to one another, and […]

Read More
3-foot passing close call
Charlie Thomas Jan 11, 2021

It happens all the time: Someone emails me video footage, clearly showing they were biking along when a car buzzes past, coming within inches of a horrible crash — and there’s nothing I can do about it because we don’t have the laws in place to do something to help. Luckily, that might be about […]

Read More
killing cyclist bike law
Rachael Maney Dec 22, 2020

BIKE LAW ANNOUNCES THE INDICTMENT OF CARL BEHLER FOR KILLING CYCLIST AND INJURING OTHERS   Today, Carl Behler appeared in court for the first time for killing cyclist Arthur Carter and injuring others. He was indicted on Friday (12/18) by the Anne Arundel County Grand Jury and promptly arrested and detained for 7 crimes related […]

Read More
Bicycle Mayor
Bruce Hagen Dec 03, 2020

When I (Maria of Bike Law Georgia) called Pattie Baker, the first Metro Atlanta Bicycle Mayor, she was trudging through marshland on her bicycle on Alpharetta’s Big Creek Greenway. I pictured her in my mind with her bike, wearing her signature skirts, and mud on her sandals. Always on the go, the newly minted Metro […]

Read More
Load More