The Law Offices of James M. Freeman, P.C.

John Greenfield wrote a good article about the ambiguous signage on the lake front trail at Montrose. At the intersection of Montrose and the Lake Front Path, street traffic traveling on Montrose has a stop sign while traffic on the lake front path has yield signs. What is CDOT trying to do?

This is yet another example of the problems cyclists face as second-class citizens. If this were an intersection of two streets you would never see such signage, yet because this is an intersection of a street and a multi-use path CDOT seems to find such signage acceptable.

I anticipate that motorists who are involved in crashes with cyclists or pedestrians at this intersection will use the signage as a defense. The motorist will argue that they stopped and proceeded when it was clear, then a cyclist or pedestrian came "barreling" out of nowhere. The motorist will rightfully point out that the cyclist or pedestrian had a yield sign. Defendant drivers and insurance companies will use the yield signs as a defense.

The strange signage has already caused problems. I have personally fielded phone calls from people struck at this intersection. In Greenfield's article, Active Trans' Randy Warren also cites an example of an insurance company trying to resolve a claim arising out of an accident at this intersection. As this intersection just recently reopened, I would expect more in the future.

As a practical matter, my suggestion is that cyclists negotiating this intersection be very careful. Ride defensively and assume the worst-case scenario is about to play out as you approach the intersection. If you are involved in a crash at this intersection the signage will probably complicate your claim. As always, you should consult with an attorney before speaking to an insurance company.