Berkeley bicyclists now have the right to bring civil suits against drivers who they believe harassed them on the road, thanks to a city ordinance that went into effect Thursday.
The ordinance protects bicyclists from threats of assault or injury and prohibits drivers from inflicting them with intentional injury, intentionally distracting them and forcing them off the road “for a purpose unrelated to public safety.”
Under the ordinance, violators may now be liable for three times the amount of damages incurred against the cyclist or $1,000, whichever is greater. Drivers could also be liable for attorney’s fees and any costs incurred from filing the suit.
In addition to damages, bicyclists can also pursue criminal charges as well as “any other remedy at law,” according to the ordinance.
Berkeley City Councilmember Kriss Worthington said he was approached almost two years ago by a frustrated Berkeley bicyclist who claimed he was repeatedly harassed by drivers. After hearing about a Los Angeles ordinance protecting bicyclists from harassment, Worthington said he thought Berkeley should follow suit.
The ordinance was officially approved by Berkeley City Council in January of this year.
Because civil lawsuits do not require criminal charges to be brought, under the ordinance, bicyclists can take drivers to court without having to involve the police.
“The police have a lot of violent crimes and other important issues to deal with,” Worthington said. “We don’t want to divert the police from (them).”
However, Worthington said the purpose of the ordinance is less to facilitate lawsuits and more to get people to stop and think before they act negatively toward bicyclists.
“I think it will get used pretty infrequently,” he said. “Most of the benefit is from education.”
Gabriel Fernandez, a mechanic for the campus bicycle cooperative BicyCAL, said a better solution than the ordinance would have been more bicycle lanes and greater enforcement of the state’s cellphone law, which Fernandez said he thinks contributes to drivers cutting cyclists off. Still, Fernandez said he supports the ordinance. “As long as people are aware that there will be repercussions, it’s definitely a step in the right direction,” he said.
The city’s ordinance is almost identical to the one passed in Los Angeles almost a year ago, making Berkeley the second city in the country to implement a bicyclist harassment law.
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I am so sick of hate and articles such as this one ALWAYS bring out the haters mainly of cyclists. Many people love to hate cyclists. As a cyclist, pedestrian and once-a-week motorist, I can assure one that most motorists are far from model drivers, yet they sanctimoniously lecture cyclists on the “rules of the road.” If only the motorists would attempt to obey those rules themselves!! I also see a few cyclists who drive/ride as badly as motorists. A cyclist will occasionally run a red light and almost get hit, just as a big gas-guzzling SUV will run a red light and almost get hit. But for all the haters of cyclists, I have to say that at the rate the petro prices are rising , you may end up being a cyclist yourself very soon by default. Either that or walking. Then, who will you be hating on?
(FYI: Brent Crude is currently at $123.72/barrel and at one petro station near me in San Francisco, the petro is almost $5.00/gallon.)
I have to agree with those who feel this ordnance ignores the problem of provocative bicyclist behaviors on the road. There are many law-abiding citizens who obey the rules of the road in Berkeley. Unfortunately, there are substantial numbers of drivers, cyclists , and pedestrians who blatantly flaunt or ignore the laws for various apparent reasons. The laws hopefully maintain safety, yet some on the streets believe crosswalks or signals afford them special invulnerability as if they are shielded by a “force field bubble”. The responsibility should always be upon the individual to PAY ATTENTION, get off their phones, unplug their tunes, and watch out for the dangers. The car drivers wield the deadliest weapon . Cyclists and pedestrians are more physically vulnerable out there. I have witnessed cyclists become belligerent towards drivers who had right of way. I’ve stopped to help cyclists “downed” by in attentive car drivers swinging open doors. I’ve seen pedestrians obliviously racing into crosswalks while talking on cellphones, as if they have reached the impervious shelter of 2 white lines on the pavement. I would rather see greater efforts in the community towards educating all parties
I love Berkeley and everything, but this is ridiculous! I rarely see a Berkeley bicyclist actually wearing a helmet—let alone reflective gear at night, etc. Most of the time the bicyclists seem oblivious to how they cut in front of a 2 ton vehicle, breeze through stop signs, and have the audacity to flip a motorist off if questioned for their rude and dangerous behavior. Shame on Berkeley for not highlighting that Bicyclists are also a HUGE part of the problem.
Good. Now can we pedestrians have the right to sue azehole bike riders who think they can zoom down sidewalks?
Anyone who has had the unfortunate experience in dealing with the Critical Mass types knows that bicyclists can be inconsiderate jerks as much as any motorist. This is just an invitation for abuse by a certain militant faction of the anti-car crowd, and nothing more.
in berkeley the bicyclists are gods! GODS!
Will motorists also be able to bring civil suits against cyclists who ignore stop signs and traffic lights, or who go the wrong way on one-way streets? Will pedestrians be able to bring civil suits against cyclists who bike on sidewalks?
Some motorists behave like complete and utter douchebags toward cyclists, no question. But there’s fault on both sides of this issue, and I wonder how much of the supposed “act[ing] negatively toward bicyclists” is cyclists’ skewed perception of the rules of right-of-way.
Motorists can already bring criminal suits against bicyclists who violate the rules of the road.
Berkeley has all manner of unruliness in pedestrians and cyclists. This permits them to be even worse in their insistence of making themselve nuisance to motor traffic. Look anywhere on campus and around the city at the way people crowd the streets, shunning the sidewalks and challenging vehicles with their insolence just for the thirill of arrogance. This new ordinance gives them even sharper teeth, but it must come out bad for those who violate VC21950- intentionally holdingup traffic or suddenly entering the roadway causing traffic to halt or take emergency measures to avoid them. The only ones who may do well by this are lawyers. Many people will be hurt. That’s no way to earn a living, winding up injured for life or killed.
Cyclists mostly just move from one point to another except for the ones who intentionally flout the law and make themselves targets. Now those can cry foul and try to gain for it.
How dare those darned sanctimonious cyclists try to stand up for their rights.