Reading between the lines — did California Governor Jerry Brown kill a bike rider with his pen?

Sometimes the irony is as tragic as it is overwhelming.

It was just a few years ago that the New Jersey Star-Ledger published an editorial ridiculing efforts to pass a three-foot passing law in the state — one day after printing a story proving the need for it.

The paper said that while they supported “protecting bicycle enthusiasts,” they feared a society in which drivers could get a ticket for passing a cyclist at just 2’11”, and called the proposed law unenforceable.

Pity they don’t read their own newspaper.

Just 24 hours earlier, they’d run a story about a 78-year old man who died after being passed so closely by a school bus that witnesses thought the driver had hit him. Police initially investigated the death as a hit-and-run before concluding that the bus never came in contact with the rider.

It just passed so closely that the rider, an experienced cyclist who averaged 5,000 miles a year on his bike, lost control and fell, fatally, off his bike.

Something a three-foot law might have prevented. Or at the very least, could have provided a basis to charge the bus driver for his death.

Now we have a very similar situation right here in California.

Except instead of an editorial providing an ironic context, we have the veto pen of a misguided governor to blame.

And instead of a 78-year old victim, it was a visiting professor at UC Berkeley who died when he was passed by a dump truck last July.

Israeli professor Shlomo Bentin, a renowned expert in cognitive neuropsychology, was riding his bike next to a line of cars when he was buzzed by the dump truck — once again, so close that witnesses at the scene believed the truck had hit him.

Yet investigators, relying on video, interviews and forensic analysis, concluded that the truck never made contact with the rider.

And even though state law requires drivers to pass at a safe distance without interfering with the safe operation of the bicycle, authorities felt they didn’t have enough evidence to make their case.

Something that probably wouldn’t have been a problem if we had a three-foot passing law in place.

Anyone who has ever been in Bentin’s position knows the sheer terror that comes with having a massive, multi-ton vehicle mere inches from your elbow.

It takes near-superhuman self control not to overreact in that situation, where the slightest mistake could result in a serious, if not fatal, collision with the passing vehicle – or a crash into the parked cars on the right that could throw you under the truck’s wheels or into the path of following cars.*

Or cause you to simply fall on your own, as Bentin and the rider in the New Jersey case appear to have done with tragic results.

And make no mistake. While most falls from a bike are harmless, any fall can be dangerous.

Yet thanks to the veto pen of our misguided governor, California drivers still have no standard in place to tell them what is and isn’t a safe passing distance.

And as this case clearly shows, any pass that doesn’t actually come in contact with the rider is effectively legal under current law.

Even if the rider dies as a result.

Had the governor not vetoed two straight safe passing laws — including one he indicated he would sign after vetoing the first — Shlomo Bentin might be alive today, training the next generation of neuropsychologists.

Or at the very least, the driver could have been held accountable for fatally violating the three-foot rule, rather than walking thanks to the current nebulous and virtually unenforceable standard.

Instead, the governor traded our lives, not for the implausible reasons he gave for his vetoes, but as a political favor to groups he evidently felt were more important than mere bike riders. Or so I’m told by people in a position to know.

Bentin’s body should be laid at Governor Brown’s feet — figuratively, if not literally. Because he’s traded the safety of every bike rider on California streets for political expediency.

And he should be held accountable, morally and politically, for Bentin’s death, and any other cyclists who have been Jerry Browned following his vetoes, or will be.

Our governor has blood on his hands.

And nothing he can do will wash it away.

*If you find yourself in a similar situation, the best course of action is to bail to your right if there’s room — even if that means going over a curb or off the roadway; road rash or a broken arm is a lot better than getting run over. If there’s no room to your right, hold steady and try not to react in any way; it’s not easy, but this is one situation where doing absolutely nothing could save your life.

………

A Canyon Country bicycle advocate was seriously injured in a collision on Saturday.

Kevin Korenthal was riding south on Little Tujunga Road when a 16-year old driver lost control rounding a curve, crossed the center line and hit him head-on. He was airlifted to the hospital, where he underwent 7 hours of surgery for injuries including three broken vertebrae in his neck and back, as well as a broken wrist, tibia, fibula, scapula and femur.

The founder of the Santa Clarita Valley Trail Users, Korenthal lost his lower left leg as a result of another cycling collision 21 years ago; the latest crash left a steel rod in the amputated leg bent at a 45-degree angle.

Thanks to Michele for the heads-up.

………

Finally, the Times offers a great look at L.A.’s jet-beating Wolfpack Hustle.

Surprisingly — or maybe not so much, given the number of cyclists who work for the Times — it offers a fair, balanced and objective look at a leading segment of the city’s formerly underground bike culture.

Although as usual, some of the comments leave something to be desired.

One comment

  1. Chris says:

    Saw this lady Wednesday morning driving all fast & crazy in DT on wet roads. She blew threw a red light & almost ran into a jaywalker who was crossing 4 lanes of traffic. But from most of these comments in The Times its always the cyclist that’s the culprit when it comes to disregarding all traffic laws..go figure.

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