Mark J. Ginsberg
one of the real underlying issues, that was implied in a few of the comments, that runners all know but cyclists don't see as often if that the slope of roadways for drainage affects where it is best to run.
As a bike advocate, I see this classic conflict on multi-use trails all the time.
for a legal analysis, runners are pedestrians who are moving too fast (I run, so I ain't being mean, but anyone who's seen me run will think I am just walking sort of funny, not fast at all).
so the legal question is what rights/ responsibilities do pedestrians have in roadway use.
and the answer is: It Depends.
is there a sidewalk?
is there no sidewalk but a wide shoulder?
how about a multi-use path?
on sidewalks bicyclist must yield right of way (herein after ROW) to peds, and must also give audible warning when passing.
On multi-use paths the rules are sort of the same as sidewalks. where peds have row over cyclists.
but roadways without sidewalks and let's say without bike lanes are difficult. b/c what you have is a fast pedestrian and a slow vehicle. So if you look at it that way, I think we'd all agree that the slow vehicle (cyclist) gives ROW to the fast ped (jogger).
now of course there are exceptions to these rules, such as cross walks and driveways where the ped speed is a factor in figuring out ROW.
also many runners like to run in the middle of the road b/c of the slope or "crown" of the road, and being in the center where it is flatter is better for your knees and hips, so running on the edge of the road might be smart, but is also bad for your body.
there's always more, but that's what I've got off the top of my head.
Mark Ginsberg
Mark J. Ginsberg
Berkshire Ginsberg, LLC
Attorneys At Law
1216 SE Belmont St.
Portland, OR 97214
(503) 542-3000
Fax (503) 233-6874
markjginsberg@yahoo.com
www.bikesafetylaw.com
--- On Tue, 9/23/08, Sarah Tisdale wrote:
From: Sarah Tisdale
Subject: Re: [OBRA Chat] wrong way?
To: "obra"
Date: Tuesday, September 23, 2008, 10:19 AM
Here's a Q&A from the "Runner's World" website that
cyclists may enjoy:
http://www.runnersworld.com/article/0,7120,s6-238-267--10272-0,00.html
"Q: IF YOU'RE RUNNING ON THE LEFT SIDE OF THE ROAD AND A BIKER COMES
TOWARD YOU, WHO HAS THE RIGHT OF WAY?
[...]
In theory, everybody has rights to the road, but in practice we all
have to follow the hierarchy of horsepower. As soon as you see an
oncoming biker, step left so it's clear the cyclist won't have to veer
into traffic or a guardrail-even if it means you have to take a few
steps in the grass, dirt, or over horse dung. It's safer for you to
move your wheels a little to the left than it is for cyclists to move
theirs. "
On Tue, Sep 23, 2008 at 10:12 AM, Sarah Tisdale
wrote:
> =====================
> Running on the street instead of the sidewalk: First, cement is
> harder than asphalt
>
(http://www.thefinalsprint.com/2006/07/concrete-vs-asphalt-which-is-the-better-running-surface/).
> If you're running 50 miles a week, it makes a difference; Second, in
> areas with side streets and driveways, sidewalks are tricky to
> navigate. Easy to twist an ankle. In general, unless traffic is
> really bad, running in the side of the street is mentally and
> physically easier. Often at the end of a 20 mile run, both mind and
> body are suffering quite a bit.
>
> =====================
> Running "against traffic":
>
> This is the rule for pedestrian traffic (walkers & runnes). This
> article does a good job summarizing what I've heard:
> http://www.runtowin.com/tips/correct-side-of-road.html
>
> Some runners also prefer to switch to the right side of the road in
> places where oncoming vehicles can't see them well (blind corners,
> abrupt hills).
>
> =====================
> Running slowly three abreast on a multi-use trail and not moving when
> a cyclist approaches:
>
> They're idiots. Obviously they shouldn't do that - or at least
they
> should be watching for runners and cyclists coming up behind them. Of
> course, trying to do high-speed cycling on a busy multi-use trail is
> not such a great plan either. On a busy multi-use trail, everyone
> needs to play nice.
>
>
> Sarah
>
> On Tue, Sep 23, 2008 at 10:03 AM, Monty Hill
wrote:
>> I would rather have them coming at me. A number of times I have come
up behind 5+ walkers/runners, on Fairmont and other areas heavily laden foot
traffic. I use to try and do the polite thing by ringing my bell or saying
something, just to have them scatter in every direction, leaving me scrambling
to find a way through. Now I just sneak up and find a hole, glide through and
feel much safer. What really gets me is the dog walkers with the leash strung
across the road at early morning when I can't see the dog or leash. Oui.
>>
>>
>>
>> -----Original Message-----
>> From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org]
On Behalf Of David Auker
>> Sent: Tuesday, September 23, 2008 9:37 AM
>> To: rick martin
>> Cc: obra@list.obra.org
>> Subject: Re: [OBRA Chat] wrong way?
>>
>> I think the law is pedestrians walk/run facing traffic, and this is to
>> enable them to see what is coming their way (but hey, sometimes there
is
>> no place to move to, just like when a cyclist is on a narrow
>> car-trafficked road). It's a give and take world on multi-use
>> paths...the blogger whose link you point us to could use some lessons
in
>> sharing:
>>> what is the fricking law when it comes to this?...........cause i
>>> swear.......next time, i'll run their asses over!
>> It's about sharing and karma and trying to keep the 'pecking
order' from
>> getting too rude...another level up from the cyclist is the motor
>> vehicle driver, and we wouldn't want them to think of cyclists the
way
>> the above cyclist seems to think of pedestrians, would we? (Ouch!) In
>> general, I personally think the most vulnerable road users out there
>> need the most care and respect.
>>
>> David
>>
>>
>> rick martin wrote:
>>> can some of you help me out here........................i'm
>>> curious............. http://2tired2quit.wordpress.com/
>>>
------------------------------------------------------------------------
>>>
>>>
>>>
>>>
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>
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