Morning Links: Turning private tragedy into help for others, and a 3-decade old AG opinion on sidewalk riding

Donny McCluskey in better days.

Donny McCluskey in better days.

Okay, so this one made me cry.

You see, one reason I write about fallen cyclists is the hope that somehow, some good will come out of such senseless loss. Whether in the form of improved safety measures at the site of the collision, or in some other way.

Patti McCluskey Andre made sure that happened.

It was just over three years ago that her brother, Donny McCluskey, stood waiting with his bike, for a Palm Springs red light to change. He was in the right place, exactly where he was supposed to be, obeying the law so many motorists seem to think we break with abandon.

Yet in the intersection in front of him, a drunk driver was hit by a motorist running that same red light. One of the vehicles went ballistic, spinning out of control and crashing into him; with his feet planted on the ground, there was nothing he could do to avoid the impact.

In seconds, he became collateral damage to the dangers on our streets, a victim of actions beyond his control.

The remorseful driver who ran the red light was ultimately convicted and placed on three years probation and community service. This at the request of the victim’s family, who saw no benefit in putting him behind bars.

In most cases, that would have been the end of it.

They would have walked away, mourning the loss of someone so dear to them, and trying to find some way to put it all behind them.

But Patti wanted Donny’s life to mean something.

So she started a fund in his name, which this month awarded its first two scholarships.

Here’s what she had to say:

Yesterday I had the honor of awarding the first 2 in memory of Donny McCluskey scholarships. Both recipients, Lisa Ponsford and Wendi Swanson are family nurse practitioners graduating in May with their DNPs. As FNPS working in our communities — they have the power to promote change at every level. Lisa works in the ER and Wendi in college health plus both are educators at WesternU. Both recipients are physically active and dedicated to changing population health with lifestyle interventions.

Both recipients were honored and touched to be chosen for this scholarship. All I can say is that I am honored to know them and wish they had known Donny, he would have been honored to have his name associated with these two!

Just how big a heart does it take to turn your own private tragedy into something so positive? Let alone something that will not only benefit those who receive them, but everyone whose lives they touch?

Patti has thanked me more than once for the work I do here. But I am in awe of her, and what she’s done to not only channel her own grief, but make our world a better place.

She’s currently raising funds for an additional scholarship for a graduate or doctoral student of Health Science at the same university. And promises to match every donation dollar for dollar.

I can’t think of a better cause.

……..

In light of yesterday’s guest post about riding on crosswalks, I was forwarded this 1993 opinion from then California Attorney General Dan Lundgren, concluding that the rules of the road do indeed apply to bicyclists on the sidewalk, and that sidewalk cyclists can be required to ride with traffic.

We note that certain rules of the road concern the use of the roadway in particular rather than the highway in general (e.g., § 2165 [except in specified circumstances, a vehicle upon the highway is to be driven upon the right half of the roadway]). Although a sidewalk is a separate part of the highway from the roadway, we believe that, given the factors discussed above, the intent of the Legislature was for the operation of a bicycle on a sidewalk to be similar to vehicular travel wherever practicable. Therefore, to the extent that a vehicle must be driven on the right half of the roadway, a bicyclist riding on an adjacent sidewalk must travel in the same direction as the vehicular traffic. This interpretation of section 21200 provides pedestrians with some assurance as to the direction of bicycle riders on sidewalks at all times. Such statutory construction is consistent with the well-established principle that “[t]he courts must give statutes a reasonable construction which conforms to the apparent purpose and intention of the lawmakers.” (Clean Air Constituency v. California Air Resources Bd. (1974) 11 Cal.3d 801, 813.)

Of course, an opinion of the AG does not have the force law.

It’s up to the courts to interpret and rule on the meaning of laws guiding the use of bicycles on the sidewalk, as well as the crosswalks. And laws can be amended, and interpretations change, over three decades.

I don’t know of any California city where sidewalk riders are routinely expected to ride in the direction of traffic. However, many police departments — including the LAPD — believe bikes become vehicles once they enter the street, and so must travel in the direction of traffic when they enter a crosswalk, yesterday’s post not withstanding.

But it’s interesting to see such a different interpretation of the law from thirty years ago.

……..

Somehow I missed this column from an auto-centric writer in my otherwise bike friendly home state, insisting that bike riders are law breaking junior partners who deserve only a small share of the road. And of course, the usual complaints about a “subset” of arrogant, self-righteous, self-centered and condescending riders.

A cyclist responds by shouting tongue-in-cheek taunts at other riders when he’s behind the wheel.

……..

An article in a Boston College environmental law review makes the case for how strict liability could even the scales on our roads, improve safety and encourage more environmentally friendly forms of commuting.

Like bicycling, for instance.

Strict liability is based on the assumption that motorists, as the operators of the more dangerous vehicles, have a greater responsibility for avoiding collisions, and so are presumed to be at fault in a collision unless it can be shown otherwise.

Adopting it here is probably the biggest step we could take to reduce reckless behavior behind the wheel and stop the carnage on our streets.

……..

Local

Thieves made off with nine bikes in DTLA in a one week period this month; eight of the purloined bicycles had their locks cut.

Turns out there’s already bike share in Century City, while nearby Westwood’s new bike corral is being put to good use.

Fear of a more user-friendly future on our streets rears its ugly head, as the president of the Miracle Mile Residential Associations waves a red flag and LADOT’s senior planner appears to backpedal on the city’s draft mobility plan.

The first bike lane in the ‘Bu finally opens, but it’s just a tad shorter than earlier reports. Instead of seven miles long, it’s two miles, along with an improved seven-mile bike route.

Glendale police held a fundraiser for next week’s 300-mile Police Unity Tour to honor fallen officers.

 

State

Irvine police make their second bust in two days of thieves stealing copper wire from the lights along a bike path next to the 405 Freeway. But at least the crooks were on bikes, right?

No bias here, as the Press-Enterprise says a bike rider was badly hurt when he ran into a car; never mind that he was actually right-hooked. Note to the P-E: The victim was cut off, not passing on the right; thanks to sponsor Michael Rubinstein for the link.

No bias here, either. A Hollister newspaper reports a bike-riding child hit a car and fell over, but fails to mention if the car was even moving at the time. And in more Hollister news, if you’re a known gang member carrying a concealed weapon, ride to the right, damn it.

San Francisco police arrest the unlicensed hit-and-run driver who plowed into three bicyclists earlier this month; she’s scheduled to appear in court today.

In an exercise in sheer stupidity, a San Francisco man is arrested for stabbing another man to death in a dispute over a bicycle.

Police in Menlo Park are looking for a bike rider who whacked a driver in the head with his bike lock after throwing something at his car. Seriously, no matter how much you think someone might deserve it, don’t resort to violence. Ever. Period.

 

National

Bikes hardly ever catch on fire. Unless maybe you’re on a Pedego e-bike; the company just recalled their batteries due to a fire hazard.

A new study says bike shares are more successful when the stations are close together. Are you listening, Metro?

A website lists the three best American cities to tour by bike. No, Los Angeles isn’t one of them.

Here’s that full report on bike helmets from Consumer Reports.

A Portland website asks if bike locks of the future could end 120 years of thieving bastards. Their words, not mine, but I like the way they think.

An Oregon judge gives a repeat drunk driver yet another second chance, despite already spending time in prison for killing a cyclist in 2004. The driver, not the judge. This is how we keep drunks on the road until they kill someone. Or in this case, kill again.

Yuma AZ changes the city ordinance to require cyclists to ride with traffic, after two-thirds of bicycling collision victims in the town were riding salmon. Which makes you wonder what the hell the law was there before.

Mad City cyclists will get a new $3 million bike and ped bridge this September.

A off-duty Cleveland cop is punched in the arm by an 81-year old man for riding his bike on a multi-use bike path.

Residents of a New York neighborhood complain about scofflaw salmon cyclists, unlike all those law abiding drivers on Gotham streets. Evidently, New York moms don’t teach their kids to look both ways before crossing the street, either.

LA may be the mecca for food trucks, but Pittsburgh is about to get the Porkrind Bike, delivering 15-flavors of free-range chicharróns.

A three-time DUI loser is sentenced to over 10 years behind bars for the death of a Virginia bike rider, after a BAC two-and-a-half times the legal limit — then has eight years suspended. See above about why we can’t get drunks off the roads before they kill. Or kill again.

 

International

Writing for the Wall Street Journal, a sociologist explains that Europeans are more likely to be injured riding a bike, though we Americans are more likely to wear a helmet. And says he doesn’t, even though he thinks he probably should.

Quebec’s Transport Minister is leaning against a mandatory helmet law, saying it would be hard to enforce.

An amateur Brit bike racer spends the equivalent of nearly $40,000 competing in a single year. Many amateur racers would like to just have that much money, let alone spend it on racing.

That’s one way to get the streets fixed, as a UK graffiti artist draws attention to potholes by drawing a penis around them. Thanks to Topher Mathers for heads-up.

The Wall Street Journal offers five things to know about riding in Amsterdam.

At least we only have to worry about LA drivers, as a South African cyclist was apparently killed by a giraffe.

 

Finally…

Slowtwitch offers advice on group riding for triathletes attempting to infiltrate the peloton. Advice on how to tell another rider his ass is showing through his spandex shorts.

And an off-duty Houston cop with crappy aim shot at a man stealing a bike from his porch twelve times — yes, 12 — because he “thought” the thief was armed. Apparently without hitting anyone, though police briefly followed a trail of dried paint or tomato juice.

Seriously, you can’t make this crap up.

 

2 comments

  1. David says:

    Thanks for the excellent discussion on Bikes on the Sidewalk!

    It would be incredible if an attorney familiar with traffic laws in CA could identify –a list–which cities in California have specific laws prohibiting bike riding on the Sidewalk.

    I know Santa Monica is one of them and so is Beverly Hills. In Santa Monica its a crime: Misdemeanor.

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