Johnson v Derby Night time visibility, bicycles and John Forestor

In this accident I represented the Cycling Company, Derby, in a lawsuit brought by an individual who was driving a bike at night dressed in black down a 15 degree slope without a light. The cyclist hit the rear of a jeep that turned in front of him and was severely disfigured after the jeep drove off and the cyclist was again struck by another vehicle. The Plaintiff claimed that the bike company should have forced him to ride with a light on his bike and that the bike company was responsible for the injuries sustained by the Plaintiff. 

The plaintiff was represented by one John Forestor a self proclaimed Bicycling Transportation Engineer. The lay jury jury bought Forestor's diatribe of junk science and awarded a Plaintiffs verdict in the action thus blaming the bike company for not forcing the cyclist to use a light at night. Forestor immediately blamed me for the verdict and launched a vicious personal attack against me that still goes on on his web site. 

Since that time I have been urged by several Engineers familiar with Forester's personal attacks to respond more forcefully to his diatribes. Since 1993 I have received numerous projects where Forester was retained and immediately the other side of the action retained me.

I have been reluctant to criticize his personal attacks because frankly they have been very good for business for my Engineering firm. So rather than personally respond to his attacks I  will open this blog for anyone who has had experience with Mr Forestor and would like to add their experiences to this post.

Reconstructing Bicycle accidents at night requires a solid knowledge of visibility and conspicuity. 

Bicycles are sold with a retroreflector system that enables a cyclist to be seen by the motorist at a distance of over 600 feet on  low beams. In the United States, the law states that Bicycles are sold without lights but with the retroreflector system.

Why Bother with Bicycle Wrecks

For close to 35 years I have spent my Professional Engineering career determining what causes bicycle accidents. Why bother you would ask? The primary reason I have devoted so much of my career to this issue is simple. The Engineering reasons for these type of accidents can then be used to make cycling safer for everyone. When I can determine that some roadway design contributes to an accident I can then get that information out to the Engineering Design community. If I determine that some type of product defect is the reason the accident has occurred than I can get that information to other engineers or industry personel.

Through the years major adjustments have been made from this work. Point of Sale instructions in the bicycle retail industry has been initiated for Independent Bicycle Dealers (IBD). While most "big box" retailers have ignored the industry standards that the IBD's have put in place it is my hope that eventually they will also initiate these necessary standards.

I have been involved in many controversial cases and projects through the years. I hope to use this forum to comment on some of these and would invite readers to add their comments as well. I will begin with my next posting on an analysis of the Johnson Vs Derby Case that was tried in 1993.