Birmingham Fit | Birmingham, Alabama

Danny Feldman is a local attorney specializing in bike vs. car accident litigations.  The following is Danny’s response to Sheriff Curry’s letter. Let your feelings be known to Sheriff Curry: ccurry@shelbyso.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Sherriff Curry:

I read with interest your recent letter opposing designating certain highways in ShelbyCounty as a bicycle trail.  First, let me point out that I am not intimately familiar with these roads, nor am I 100% certain what designating these roads as a “bicycle trail” entails.  However, I am very familiar with the law as regards cyclists’ rights to the road as I spend a good portion of my law practice representing injured cyclists.

First, no where in your letter do you mention that Alabama law guaranties cyclists the right to ride their bicycles on almost all roads (Interstates being the notable exception). Alabama Code 32-5A-260.  Further, cyclists are allowed to ride two abreast.  Alabama Code 32-5A-263(b).  So, criticizing cyclists for doing something that they absolutely are entitled to do does not seem appropriate to me – especially for the highest law enforcement official in ShelbyCounty. 

Second, the fact that trucks or mobile homes or for that matter, any other vehicle may have to slow a bit to pass a cyclist does not ipso facto mean that the cyclist has no right to be doing what he or she is doing.  The fact is that many heavily loaded vehicles, like mobile homes or large trucks, may slow other traffic down – it does not follow that these other slow moving vehicles are prohibited from using the road.

Third, the arguments that you make, that it’s inconvenient to other motorists and that it’s dangerous to cyclists – taken to its logical conclusion – would mean that cyclists should never be on any road that cars use – period. 

Instead of creating two classes of road users, cyclists and everyone else, I would think that the focus ought to be on sharing the roadway – which would mean educating truck drivers and other motorists that: (1) cyclists have the same legal right to be on the road as do motorized vehicles (given that every cyclist I know also is a taxpayer and a motorist – cyclists pay just as much for the roads as do motorists); (2)  motorists need to slow down and drive more cautiously given that they may encounter cyclists (and for that matter, other slow moving vehicles) on the road; and finally (3) being a cyclist on a  road in this State should not subject the cyclist to being hit and killed because motorists don’t want to be inconvenienced by driving a little slower and more cautiously. 

 Please do not misunderstand me – I understand that there are better roads to ride on than others, due to less traffic, wider lanes etc. and that there are better times to ride a bicycle – not during rush hour etc., but that being said, it still does not mean that cyclists ought to be “buzzed” by fast moving traffic or that cyclists ought to be prohibited from doing that which they have every right in the world to be doing. 

I’d be pleased to speak with you further regarding this matter should you so desire.

Sincerely,

Daniel B. Feldman