Legally Speaking: Driven to distraction

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As the peloton rolled out of Limoges in the fifth stage of this year’s Tour, the teams and riders were focused on the challenge they faced. And they had to be — as physically prepared as the pros are, they can’t take on the Tour without mental clarity, focus, and discipline.

Even when training, pros are attentive, because they know all too well that anything can happen at any time, as was the case with VeloNews contributor Chad Haga and several of his Giant – Alpecin teammates this past winter in Spain when a driver crashed straight into their training group.

But your average American motorist, safely ensconced in their air-conditioned, rolling steel and plastic cage … Not much physical demand required there. And mental clarity, focus, and discipline? Unlikely, with many drivers finding ever-more creative ways to distract themselves from the exhausting physical and mental demands of sitting on a comfy seat and paying attention to their surroundings.

Now, more than ever, cyclists have to ride defensively and be aware.

In fact, on that same day as the Limoges stage, a virtual reality game rolled out of San Francisco, and became an instant sensation, as millions of “Pokemon Go” players fanned out, searching for Pokemon characters to capture on their mobile devices. Although the game was created with the intent to get virtual reality gamers moving in the real world (i.e., to get some exercise) in the ultimate irony, people came up with the bright idea to use their cars to look for Pokemon creatures.

The results were predictable: A tree “came out of nowhere” and crashed into a Pokemon-playing driver, a drunk driver went for a twofer and crashed while playing, and in two separate and particularly satisfying moments of instant karma, Pokemon players crashed into police cars in Baltimore and Quebec.

We can shake our heads and laugh at human folly, but driver distraction isn’t a laughing matter, and certainly not for cyclists. Days before the Tour began this year, a Wisconsin mother, who had been driving while Facebook messaging, went on trial for a crash that took the lives of her 11-year-old daughter and 5-year-old nieces.

How safe are cyclists when distracted drivers fail to see other road users, and what can you do? Even if you are riding in a group, lit up like a Christmas tree, with bright kit, a mirror, and a rear-looking camera with monitor and warning system, you are vulnerable to people who …

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