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The Danger in Dog Day Afternoons

Jim Pocrass, Pocrass & De Los Reyes LLP

Jim Pocrass, Pocrass & De Los Reyes LLP

   
By James L. Pocrass, Esq.
Pocrass & De Los Reyes LLP 
 

Recently, at the Los Angeles County Bicycle Coalition Open House, JJ Hoffman was telling me a story about her daily encounter with dog a couple of years ago. JJ said every day when she was riding to work she’d meet up with this same woman who was walking her dog unleashed.

Every day the dog took after JJ, which set the woman off who would run yelling behind her dog. It got so bad that JJ had the pepper spray out before she got to the street where she’d meet up with the dog. All that dog wanted, JJ said, was a taste of her calf.

JJ really didn’t want to spray the dog, though spraying the owner was tempting, and, luckily for everybody, JJ never actually had to take action.

Like JJ, I really like dogs. The dogs are doing what their instincts tell them to do: to chase prey. Irresponsible dog owners are another matter. They put the cyclist, the dog, and especially themselves in danger.

Bitten by a Dog

In California, if you are bitten by a dog, the owner is at fault. It doesn’t matter if the dog is leashed or not. It doesn’t matter if the owner knew or didn’t know that the dog had a “vicious nature.” California holds owners to “strict liability.” If you are bitten, the owner is liable for your injuries. There is no “free bite” in California.

Collision with or because of a Dog

When a dog begins chasing a cyclist, most cyclists tend to try to outrun the dog. When that happens, the dog’s brain goes into get-the-fleeing-prey mode, and the race is on.

Whether or not you can really outrun the dog, the real danger is in possibly colliding with the dog or colliding with something else because you lose control of the bike or you hit a pot hole or even getting hit by a motor vehicle when swerving or not being able to stop at a light or an intersection.

If you suffer serious personal injuries or your bike is damaged, again, the dog owner can be held liable. Your bicycle accident attorney should be able to obtain compensation for your injuries.

Compensation for Dog-related Collisions or Bites

The dog owner may be held negligent for:

  • Ineffective control of the dog.
  • Violation of the leash law and other Animal Control Ordinances.
  • Inadequate supervision or management of the dog.
  • Putting the dog in a condition in which the owner could have seen that the dog could cause injury to somebody.

Individual cities also may have their own animal control ordinances. For instance, one city limits the number of dogs that can be walked by one person at a time and a number of cities consider it a misdemeanor if a dog is tied to a parking meter, sign or bus bench without food or water nearby.

Some cities have ordinances specific to a breed. In Santa Monica a pit bull on public property must be muzzled.

The dog owner may be held responsible for compensating you for:

  • Medical bills from doctors, emergency rooms, hospitals, therapists, plastic surgeons, and for prescriptions.
  • Future medical bills to remove scars or to repair disfigurements. If the money for medical care is not recovered at this time, your health insurance might not cover any future medical procedures you need later, calling them “cosmetic.”
  • Time you had to take off from work resulting in lost income.
  • Lost future earnings because of disfigurement or disabilities.
  • Emotional counseling.
  • Pain and suffering.

Of course you can only recover compensation for injuries you suffer and care you actually need.

Hesitations to Holding an Owner Liable

One of the major hesitations a cyclist who is bitten by a dog often has in reporting a dog bite is the fear that the dog will be destroyed. A dog that has no history of biting is rarely “put down.”

The court takes into account the severity of the bite and the number of times it has bitten. It may rule that a dog must be muzzled in public or restrained in a particular way, such as kept behind a certain type of fence of a certain height.

Self-Defense

We all have heard that we have the right to defend ourselves against an attack from another person. What few people realize is that the law says you can defend yourself as much as is necessary to foil the attack. Your defense must be proportionate to the attack, and when the danger is past, so is your right to defend yourself.

This is a common law concept, and there is no explicit statement in common law that this also applies in a dog attack. More and more dog owners are counter-suing for compensation when their dog has been injured either intentionally or through someone else’s negligence.

So if you are going to use self defense, be sure that it is proportionate to the attack and that once the attack is over you stop, similar to how you would defend yourself with a human. That is a legally defensible act, though you could still find yourself in a lawsuit with the dog owner.

Personally, I subscribe to the belief that it’s rare to find a bad dog, but bad owners are much too plentiful.

*Sponsored post

 

Guest Post: A view from the courtroom

It’s one of the more heartbreaking cases in recent history.

It was just two days before Christmas last year, when a young Australian man working in Chicago was flying back home for the holidays, leaving his girlfriend of five years behind. Faced with an extended layover at LAX, James Rapley decided to rent a bike on a sunny Sunday morning for a ride along the beach.

He never made his flight home.

Rapley was riding in the uphill bike lane on Temescal Canyon Blvd when he was run down from behind by another young man, who was allegedly under the influence at 9 am, and reportedly admitted to texting behind the wheel when he drifted into the bike lane, taking the Aussie’s life in an instant.

I’ve often wondered what James Rapley’s thoughts were in those last few moments as his life drifted away. Whether he thought of the woman he loved, or the family he would never see again.

Or just wondered why.

Mohammed Kadri, the driver who took his life, was recently charged with vehicular manslaughter.

Our anonymous South Bay correspondent volunteered to be in the courtroom for Kadri’s Preliminary Setting on Thursday. Here’s her report.

……..

This morning, Mohammed Kadri was actually present in court. I didn’t see anyone in the tiny courtroom who looks 20 years old, because Kadri is kind of hirsute, so he looks older; the kid probably has a 5 o’clock shadow by noon. He’s not very tall, but his suit fit well, and posture is good and it indicated that he understands the gravity of his situation.

The Deputy DA assigned to the case requested a continuance. The judge asked a little impatiently why they shouldn’t proceed today. The prosecutor stated that she needs time to speak with the victim’s family. (Because what better time than the holidays?!?) The next court date is Friday, January 16th.

Incidentally, the prosecutor is Danette Meyers. She’ll prosecute viciously. The victim impact statements will be absolutely integral to the case, though. Even if the family can only provide written statements.

From the glass elevators at the courthouse, you can see planes coming in to LAX. I looked at those tubes of tin and thought of all the souls on board. James had flown into LAX a day early because he was worried that bad weather would delay his flight home to Australia. I wondered if any of today’s arrivals had chosen an early flight for the same reason, to play it safe so they can get home to their families for the holidays. And then I prayed every single one of them will be on their connecting flights. Because James Rapley never got the chance.

Just as an aside, and I could be wrong, but… In the hallway outside the courtroom, an older guy intercepted Kadri’s lawyer as we (me & the guy who turned out to be the lawyer) reached for the courtroom door at just about the same moment. This older guy may be a relative. Right after Kadri’s appearance, I went into the hallway to type some quick notes on my laptop. This same older guy walked by, very clearly looking down at the screen. I scowled at him and he pivoted away. I think he noticed the LACBC sticker on the front and suspects I’m some agent of theirs. Well, let the defense worry that so many eyes are on them.

I’d love to see Kadri quake beneath the gaze of an angry guardian angel the size of the Bike Coalition.

The Airport courthouse has no bike parking, but the security at the garage entrance suggested locking up to the handicap parking sign. The courthouse is conveniently nestled in the armpit of the 105/405 interchange, and miserable to reach by any way but car. If you look at Google Maps, it’s right there by the Green Line station, but you can’t access it by 116th street (unless you scale two chain link fences, and people clearly do this.) Nope, you have to go down to 120th and head back north. If you’re on a bike on 120th & La Cienega, it’s terrifying to wait in the eastbound left turn lane (whose sensor doesn’t register bikes), because the westbound traffic shooting out from the freeway underpass seems to be COMING RIGHT AT YOU thanks to the wacky angle at the intersection. By the time that oncoming wall of FedEx truck zoomed at me like Jaws, my heart rate was about 160. It’s not much lower right now, what with the rage about how we practically require vehicular manslaughter defendants to arrive at the courthouse by automobile.

……..

After I got her report, I emailed a member of Rapley’s family in Australia to let them know about the January 16th court date.

The response I received broke my heart.

The next court date will be just days after the one year anniversary of his funeral. And six years to the day that he’d been with his girlfriend. 

……..

The ghost bike for James Rapley is still there, 355 days later.

Maybe you’ve seen it at the corner of Temescal and PCH, and wondered who it was for, or stopped to read the inscription.

It’s been maintained all this time by a grieving father from Oxnard, whose own six-year old son was killed while riding his bike. Since then, Anthony Novarro has dedicated his life to remembering other bike riding sons and daughters who have lost theirs.

He stops by every few weeks to clean the site, and remember a young man none of us ever knew.

But all ghost bikes are removed or stolen sooner or later; it’s unusual that one lasts this long.

There’s a discussion currently underway to make the memorial permanent by installing a bike rack in the shape of a bicycle in Rapley’s honor.

So far it hasn’t gotten past the discussion stage.

But its another reminder that James Rapley hasn’t been forgotten in the City of Angels, even if he died a stranger to us all.

……..

Something else that hasn’t gotten past the discussion stage yet is a proposal to build the city’s first parking-protected bike lane on that uphill side of Temescal Canyon where Rapley lost his life.

Such protected bikeways were just approved by the state legislature earlier this year, and signed into law by Governor Brown. This would be the ideal location for one, with no conflicting intersections or cross traffic for nearly mile from PCH to Palisades High School.

Whether it would have saved Rapley’s life at that early hour is impossible to say; there may not have been enough beachgoers parking their cars to form a protective barrier so early on a winter weekend.

But it might help prevent a similar tragedy in the future.

And if there’s a better way to honor someone who needlessly lost his life in the few short hours he spent in our city, I don’t know what that would be.

……..

Update: A comment below from Jeffrey reminds us that a memorial fund in Rapley’s name has raised over $15,000 for Australia’s Amy Gillett Foundation to improve bike safety, with a goal of eliminating bicycling deaths. And it tells his all-too-brief life story, letting us know just who this man we never knew was.

More impressively, his family donated his life insurance and joined with friends to contribute over $250,000 to establish a scholarship at Whitley College for a Rural Student studying either Engineering or Science at Melbourne University.

But more funds are needed to increase the amount of the annual award, and help make a difference in the world that James Rapley never got the chance to make.

 

Morning Links: LASD to bar deputy distracted driving before they kill again; successful South LA CicLAvia

About damn time.

The LA County Sheriff’s Department finally proposes cutting back on onboard computer use by their deputies, which would be illegal for anyone other than emergency workers. And for damn good reason.

Unfortunately, it comes too late for Milt Olin, killed by a deputy who was using his to text with another officer when he drifted into the bike lane Olin was riding in one year ago.

Not too surprisingly, the department’s union agues for the need for deputies to keep using their computers while they drive, rather than rely on the radios police officers have used with relative safety for decades.

Evidently, Olin’s death doesn’t mean any more to them than it did the DA’s office.

……..

South LA merchants wonder if CicLAvia would ruin business for the day; experience shows that businesses that reach out to participants thrive, while those who don’t, don’t.

An anonymous donor contributes $400,000 for future events.

Unfortunately, the Times gets it wrong; CicLAvia is not a bike festival, as they suggest, but an open streets event that welcomes anyone without a motor. On the other hand, KABC-7 gets it right, and has the video to prove it.

……..

Local

Glendale will hold a workshop on Thursday to discuss where to put a bridge connecting Griffith Park and the LA River bike path with the east side of the river.

A bike rider is critically injured in a fall while riding with a group of cyclists on a mountain road above Altadena; he was airlifted to Pasadena for treatment.

CICLE’s next adult bicycling class is scheduled for Sunday, January 18th; that might make the perfect holiday gift for the bike-curious person on your list.

 

State

Two San Francisco cops are convicted of stealing $30,000 from a drug dealer. But it’s okay, one of them planned to use his share to buy a bike.

A San Francisco writer says the new three-foot passing law hasn’t really changed anything.

 

National

Honolulu gets its first cycle track, while residents worry what effect it will have on pedestrians. Maybe they should read this report from People for Bikes.

A Seattle red light camera catches a car and a bike running the light, but only the driver gets a ticket.

The mother of a Boise girl killed while riding her bike in a crosswalk files suit against the local police department for blaming the victim, rather than the operator of the big dangerous machine.

Nice. A new Colorado bike path runs along a reconstructed highway, allowing cyclists to ride 18 miles car-free from Boulder to the Denver area.

A sleepy Iowa town gets rediscovered thanks to a shiny new bridge and bike trail.

A female ex-con New Hampshire bike rider is under arrest for stabbing two women in a road rage incident.

Vermont proposes a statewide bike plan; long past time Caltrans did more than consider it.

Bono wasn’t dressed as a Hassidic Jew when he had his New York bike accident after all; turns out band mate The Edge was just pulling our collective leg.

 

International

Lance says he and his teammates had to cheat if they wanted to compete with other doping teams. Problem is, given the pervasiveness of cheating during the doping era, he’s probably right. And we all believe it’s over, right?

Irish cyclists talk about the problems they face on the road. Sounds like nothing is really different over there than it is here.

The mayor of Paris proposes spending the equivalent of $122 million on bike lanes. And making the city center nearly car-free.

A round-the-world cyclist says Australia is the world’s worst place for bike riders. I’m sure we could nominate a few spots that might compete.

 

Finally…

A Florida man flees by bike after stuffing his pants with stolen meat; I really don’t want to go to his house for dinner. See what it looks like to ride a World Cup cyclocross from a first-person perspective.

And in case you’ve forgotten, this is what it feels like to ride a bike for the first time.

 

Weekend Links: CicLAvia comes to South LA Sunday; new LAPD video says don’t get killed running a stop sign

It doesn’t look like I’m going to make Sunday’s South LA CicLAvia, even though it’s shaping up as possibly the best CicLAvia ever.

So go in my place. Have fun.

And say hello to LA’s historic undiscovered country south of the Santa Monica Freeway.

……..

CicLAvia leads KNBC’s list of things to do this weekend. The South LA community looks forward to their big day on LA’s center stage, while Streetsblog looks at what’s on tap all along the route.

The Militant Angeleno offers his must read guide to the South LA CicLAvia route; seriously, no one knows LA’s history and significant cultural sites better. No, really, click on the damn link, already.

And the new Silverlake Shinola hosts a neighborhood block party to celebrate its Grand Opening just as CicLAvia comes to a close; Angel City Brewery will be there to aid your post ride recovery.

……..

If CicLAvia isn’t in your plans, you can show your respect for a fallen rider killed by an LA sheriff’s deputy — who escaped without even the usual slap on the wrist — with Sunday’s Ceremonial Spin with the family of Milt Olin.

……..

The LAPD introduces a new traffic safety campaign.

Do I really need to mention that the first ad blames bike riders for getting themselves killed — even though none of the 11 cyclists killed in the city this year died as a result of running a stop sign?

……..

Local

The response from drivers to the LA Times’ recent story about bike-involved hit-and-runs is to blame the damn cyclists for getting hit. So evidently, they think running away after running down a cyclist is justified? Now that’s scary.

LA’s new bike lanes are just a step in the right direction towards improving traffic congestion and air quality.

Two LA city councilmembers introduce motions to fix those bad roadway patches that can make a bike ride miserable or take a rider down.

 

State

Calbike comes up with an aggressive agenda for next year, including requiring insurance companies to pay for collisions drivers cause, even if they aren’t directly involved.

The OC Weekly misinterprets the Newport Beach safety crackdown as targeting bad bicyclists, pedestrians and motorcyclists, even though the plan is to target all violations that endanger vulnerable users, whoever commits them.

 

National

GoPro is trying to, uh, go pro.

The Women’s Road World Cup will come back to the US next year.

People for Bikes reaches one million riders; you’ll find my name somewhere around the first thousand or so.

Tucson cyclists now enjoy over 1,000 miles of bicycling infrastructure. Although I’m not sure bike routes should count.

St. Paul hopes to catch up with its bike friendly twin city with a comprehensive new bike plan.

Tension still exists between cyclists and drivers in bike friendly Chattanooga. Just like everywhere else.

Orlando cyclists illegally stick to the sidewalk because they’re afraid to ride in the street.

 

International

The BBC says Bolivia’s Death Road has become the hot new route for risk-taking mountain bikers; the photos alone are worth the click.

We’re winning, at least overseas. Bikes are creating more jobs in Europe than carmakers in the US.

Even getting filmed kicking another London rider off his bike into rush hour traffic isn’t good enough for more than a warning.

Sometimes expensive mechanical problems aren’t.

At least we only have to worry about LA drivers. Rome’s bike-riding mayor may have to start taking a limo to the office after his life is threatened by mobsters.

A Helsinki study shows what I’ve always suspected — slower speed limits move traffic more efficiently.

An auto-centric Aussie coroner responds to the death of a cyclist by saying bikes should be banned from the motorway he was riding on, rather than suggesting motorists could conceivably drive more safely.

 

Finally…

At 1,500 an hour, the best way to burn off those holiday calories could be fat biking. Bring your Christmas tree home by bike. Ride inside this winter with your own DIY rollers for just $32.

And in case you were wondering, the AP says Kris Kringle should be spelled with a double S, and Chanukah without the C; meanwhile MAMIL makes the Oxford English Dictionary, along with carne asada and Secret Santa.

 

Morning Links: The Times looks at rising bike hit-and-run rates; and the year’s most inspirational video

You already knew hit-and-runs were a problem for cyclists.

But maybe none of us realized just how bad it’s become.

According to the LA Times, overall injury and fatal hit-and-run rates have actually declined since 2000. Except for those involving bike riders, which have increased a whopping 42% since then.

It’s easy to lay blame for the increase on a rising rate of bicycling over the same period, which has grown 61% since the turn of the century, according to a recent report from the League of American Bicyclists. But the fact that overall rates have gone down while bike-involved hit-and-runs have gone up just raises the question of why so many drivers think it’s okay to leave a bike rider bleeding in the street.

Then again, maybe it’s just that a collision with a bike rider is less likely to leave the driver’s car too damaged to flee than a wreck with another motor vehicle.

Regardless of the reason, nothing will change until the law is changed to make the penalties for hit-and-run greater than the potential reward for running away.

And that won’t happen until someone can get it through our out-of-touch governor’s head that hit-and-run is a serious — and deadly — problem.

Especially for those of us who aren’t protected by a couple tons of glass and steel.

………

The Times piece also notes that an overwhelming 80% of all hit-and-runs go unsolved. And only half of the cases that do get solved result in a conviction.

In other words, drivers have a 90% chance of getting away with it if they hit the gas instead of the brake after a collision. No wonder hit-and-run remains at epidemic proportions.

In addition, the story profiles some of the victims of fleeing drivers — at least, the ones still able to tell their own story, including Paul Livingston, whose story was told here last June.

There’s a great interactive map, as well, that drives home the obscene number of bike-involved hit-and-runs every year, and where you need to be on the lookout for fleeing drivers. Including Long Beach, Santa Monica, DTLA, Van Nuys and North Hollywood — in other words, the places where you’re most likely to find people on bikes.

And the paper offers a video interview with Finish the Ride’s Damian Kevitt, who barely survived the gruesome hit-and-run that took his leg.

Then again, it’s not just an LA problem, as a Florida paper asks what kind of driver doesn’t stop after hitting someone.

Or more to point, what kind of pond-sucking scum would even consider it?

………

No surprise, as prosecutors have declined to press charges against the South LA bike rider allegedly beaten by cops while being held down after a brief pursuit.

Police had reportedly ordered Clinton Alford to stop while he was riding his bike on the sidewalk along Avalon Blvd, but he kept going because he says they failed to identify themselves as police officers. Then he ran when someone grabbed his bike from behind, which lead to the alleged beating.

Based on the description of events, though, the police appeared to lack probable cause to make the stop, since sidewalk riding is legal in Los Angeles. Which makes everything that followed, including alleged evidence of drug possession and accusations of resisting arrest, inadmissible in court.

Never mind that filing charges would stand in the way of reaching a settlement with the city over the beating.

………

Unbelievable. A Paso Robles cyclist is dead and her riding partner severely injured because the jerk behind the wheel dropped his effing cell phone and bent down to pick it up. Then had to swerve to avoid the stopped car ahead of him, slamming into the riders in the process.

Never mind that using a hand-held phone while driving is illegal in California.

Or that taking your eyes off the road to pick it up is idiotic.

………

Local

CicLAvia offers a narrative guide to Sunday’s event (pdf) from the real voices of South LA.

An Aussie travel writer takes a 32-mile bike tour of LA in — gasp! — a single day.

West Hills’ Spoke N’ Wheel Bicycles bounces back after a summer fire nearly put it out of business.

An important bike route through the UCLA campus is needlessly blocked by construction. And Porta Potties.

Santa Monica sees a dramatic increase in bicycling since 2000, nearly six times the national growth in cycling. And yes, this story is where I got that stat about the 61% increase in bike riding nationwide.

Riding for a great cause. The Midnight Ridazz annual All City Toy Ride takes place on Friday, December 9th. Thanks to James Hawkes for the link. 

The Eastside Bike Club is hosting a family-friendly Slow ES Cool — Cypress Park Ride to explore some of LA’s and the San Gabriel Valley’s beautiful sites and diverse eateries on Saturday, December 13th.

 

State

Riverside police plan to offer a $10,000 reward in the hit-and-run death of fallen rider D’Andre Sutherland.

A San Bernardino man is the victim of a bike-by shooting; he’ll survive, but may have trouble walking for awhile.

Evidently, they’re just a bunch of old softies, as a group of Hell’s Angels — yes, the notorious motorcycle gang — buy up all the bikes at a Fresno Walmart and donate them for needy kids. And not for the first time.

San Jose prepares to ban all bikes on the sidewalk because of a few overly aggressive riders.

The popular East Bay Bike Party has been cancelled for December due to out-of-control and disrespectful riders.

 

National

Evidently, bad research never dies, as the press continues to report on that highly flawed Governors’ report on bike safety.

Rails to Trails offers 10 great bike movie moments.

Your next GoPro could offer overhead shots, as the company is reportedly developing its own line of drones.

A Maine man admits to fatally running down his bike riding friend while driving drunk, after initially claiming he found him lying in a ditch.

New York City cuts the speed limit in Central Park to reign in all those dangerous bikes.

New York police use faulty, or perhaps made-up, data to justify a crackdown on bike riders.

 

International

A Vancouver writer says motorists must take more responsibility for keeping cyclists and pedestrians safe.

An Ottawa paper goes for major click bait, asking their readers whether an idiot on a bike or a moron behind the wheel is worse. How about the idiot editor who approved the piece?

A new association of the top pro cycling teams plans to bring a little more rationality to the sport.

A London writer offers up five mistakes that cancel out even the best bike lights.

London’s mayor Boris considers holding open streets events in the city after seeing similar events in Jakarta. If he thinks that’s impressive, we should invite him to Sunday’s CicLAvia.

Bike cams are being accepted as evidence in cases against Scottish motorists.

An American man and his 12-year old son tour Amsterdam by bike, including the Red Light District.

Caught on video: A Polish rider participating in a bikejoring competition — racing with dogs pulling her bike — is tackled by, not 10 Lords a Leaping, but a leaping herd of deer.

A Chengdu, China bike rider invents an air purifier that fits in a very big backpack.

 

Finally…

Florida cyclists connect through Facebook to get a man’s $5,000 Cannondale back before he even knew it was stolen. Lance just can’t keep away from the sport, as he admits to motorpacing BMC’s Tejay van Garderen.

And they must make ‘em tough Down Under, as a 13-year old boy rides his bike back home after being bitten by a shark.

………

One quick bonus video: Michael Eisenberg forwards what may be the most inspirational video you’ll see this year, featuring former race car champ and champion paracyclist Alex Zarnardi, who lost both legs in a car racing collision.

Seriously, if he can get back on a bike, so can I.

And so can you.

 

Morning Links: OC hit-and-run driver gets a slap on the wrist; Detroit’s Shinola opens a new store in Silverlake

Our Orange County source reports on the semi-successful conclusion of the case against the hit-and-run driver who critically injured a bike riding Santa Ana girl.

Arif Abdul Sattar accepted a plea deal yesterday. He was sentenced to 180 days in jail, with two days’ credit for time served, plus the usual fines & restitution. If he qualifies for home confinement, he can serve his time under house arrest instead. If not, he has the option of County or a city (a “pay-to-stay”) jail, though because of a change in his employment circumstances, he may not be able to afford city. His driver’s license was also suspended for a full year.

His lawyer had hoped to be able to get a no contest plea deal, because a nolo contendere cannot be used against him in the civil suit. The judge denied this request.

Terrifyingly, the judge cited some “mitigating circumstances” in allowing for the possibility of house arrest. One was the fact that he had called a lawyer right away after the incident. This is not a “mitigating circumstance.” This is Sattar’s tacit acknowledgement of his awareness that he had committed a crime. He probably didn’t even know which crime, because although he certainly deduced from the sudden opacity of his windshield that a collision of some sort had occurred, he was a little confused about the requirement to remain at the scene. For all we know, he was distracted and couldn’t remember what color his signal was at the time of the collision, and this factored into his choice to flee. The information that he proceeded thorough a green light comes from his young victim’s admission that she ran the red. Also, it was four days before he was interviewed by the police.

Another mitigating circumstance is Mr. Sattar’s “lack of priors.” Immediately after mentioning this, the judge then STATED HIS PRIOR, another vehicular crime which demonstrated the same selfish lack of consideration for others on the roadway, and was probably committed with the same vehicle.

I also only found out at the plea hearing that the family has had zero interest in assisting the prosecution. They’ve filed a civil suit (I have to check, but it may be just to cover medical bills, with no request for compensation for pain & suffering, etc). If I were a mama, I wouldn’t want my kid to have to face the evil fuck who snapped her bone like a twig and then left her for dead. Especially on a school day, y’know.

Nice to see yet another judge take hit-and-run seriously, especially even when it leaves a critically injured little girl bleeding in the street.

And yes, that is sarcasm.

……..

A suspected drunk driver is under arrest after clipping a Fullerton cyclist with his wing mirror, in a clear violation of the three-foot passing law. Although he doesn’t appear to have been charged with that yet.

The victim suffered serious injuries but is expected to survive. And as turns out it’s not the driver’s first DUI.

……..

Local

Somehow this one slipped under the radar, as Detroit-based Shinola opened their first West Coast store in Silverlake.

CICLE leads a leisurely holiday themed ride through Northeast LA on Saturday the 13th in conjunction with LADOT, LACBC and others whose names aren’t initials.

Santa Monica Spoke looks at the South LA CicLAvia, just two Sundays away.

 

State

A new petition calls on California to change the new three-foot passing law to allow drivers to safely cross the yellow line. Governor Brown has already vetoed a similar provision, so I wouldn’t hold my breath.

Bike Newport Beach is hosting a pre-Thanksgiving ride on Wednesday.

Boston’s Isolate Cyclist takes a critical look at those questionable San Diego stats blaming cyclists for most collisions. Meanwhile, a mind-reading San Diego-area letter writer knows why bike riders do those things we do.

Forty Riverside kids get free bikes, along with a talk by Olympic cyclist Amber Neben.

A cyclist takes you on a 70-mile ride around Santa Barbara — and describes how to control the lane in a dangerous situation.

 

National

People for Bikes offers an ode to the beater bike.

That nine-year old boy who said he was called by God to bike across the country has finished his journey, raising over $25,000 to fight cancer. No word on whether God gave him an attaboy at the finish line.

A good bike network is key for a successful bike share system. So much for LA’s planned system.

Forty-three year old pro cyclist Chris Horner will continue to ride, coming home to an unnamed American team for 2015.

My brother competed in the famed Iditarod sled dog race four times; this guy’s done it nine times, by bike. And without the help of dogs.

The Today Show discovers Cranksgiving.

Durham NC sets a policy allowing ghost bikes to stay indefinitely, unless someone complains.

 

International

Montreal’s threatened bike share system gets a reprieve for the next five years.

Turns out Sherlock Holmes is one of us. The modern, British heartthrob one.

The UK has nearly 10 million bike riders, one-fifth of whom ride every week.

The Australian National Museum is hosting an exhibition on bicycling Down Under.

 

Finally…

Scotts Valley police must employ brilliant interrogation techniques, as a man confesses to attempting to steal bikes after being caught red-handed inside a bike shop in the middle of the night after prying the door open. Another crack burglar is busted after falling through the roof of a Rohnert Park bike shop.

And evidently, action cams are nothing new. Wish that Rohnert Park idiot had been wearing one when he fell through the bike shop roof.

 

Morning Links: San Diego cyclists get blamed for collisions, and accused Eagleson killer enters not guilty plea

Evidently, it’s our fault.

Mostly, anyway.

According to the San Diego Union-Tribune, an analysis of San Diego bike crashes since 2011 shows cyclists at fault in nearly 60% of collisions.

Of course, those stats are based on police collision reports. And as the story notes, the results are subject to question.

Their accuracy depends largely on the individual officer’s knowledge and interpretation of bike law, ability to properly investigate bike collisions — especially when the injured cyclist is often unable to give his or her side of the story — and a lack of bias.

The simple fact is that few California police officers receive adequate, let alone in-depth, training in the rights and responsibilities of bike riders, as evidenced by the frequency with which riders are ticketed for things that aren’t actually illegal, such as riding in the traffic lane or two or more abreast.

And none are trained in the unique forensics of bicycle collisions, which differ dramatically from typical automobile crashes.

As for bias, with the exception of bike cops and officers who ride on their own time, most cops see the world from the same windshield perspective as other motorists.

All of which means that stats like this may provide support those who want to write bike riders off as law-breaking scofflaws.

But until we demand better bike training for traffic investigators — and police officers in general — they will have little basis in reality.

………

Local

Not even zoo animals are safe from LA’s hit-and-run drivers, as a big horn sheep is killed after escaping its enclosure, and the jerk behind the wheel just keeps on driving.

Velonews reports on the first day of the CXLA Weekend at the Greek, with victories by Katerina Nash and James Driscoll in the elite races. Cycling Across LA offers video of the race.

A ride will be held on December 7th to honor fallen cyclist Milt Olin, roughly three months after the DA dishonored him by refusing to file charges in the case.

BikeSGV delivers their monthly newsletter filled with upcoming events in the San Gabriel Valley

 

State

Neil Storm Stephany entered a not guilty plea Friday in the alleged intoxicated hit-and-run death of cyclist Shaun Eagleson in Newport Beach last month. Stephany faces a well-deserved murder charge based on a prior DUI conviction.

Short-sighted San Clemente votes not to include bike lanes in a coming reconstruction of Calle Frontera, apparently not realizing that giving people an alternative to driving could reduce traffic.

‘Tis the season: A Pismo Beach man donates 57 bikes to the local sheriff’s department to give away for Christmas.

 

National

Great news from Tucson, as former Rep. Gabby Giffords gets back on her bike three years after the near-fatal shooting.

A road raging Seattle driver faces just three to nine months in jail following her conviction for second-degree assault for intentionally running down a cyclist in a horrific attack.

An allegedly very drunk Chicago bike share rider is critically injured after being hit by two cars.

Turns out that Wolverine-playing song-and-dance man Hugh Jackman is one of us, as he goes for a cold weather ride on the streets of New York.

A father and daughter finish their 4,200 mile trip from Washington to Key West to benefit wounded vets.

 

International

E-bikes are on a roll in Europe, but just starting to catch on in the US.

Bikes will be banned from a bucolic garden bridge over the Thames because they would allegedly spoil the peaceful walking atmosphere. And as we all know, it’s impossible to ride a bike peacefully.

Caught on video: A London cyclist captures a first-hand perspective of what it’s like to be hit by an unseen cab; the footage is evidence in a civil case.

Down Under girls just want to have fun on fixies. That is, if they’re not collecting a menagerie of bikes.

A newborn Aussie baby is safe, thanks to the cyclists who discovered him hidden in a storm drain where he had been abandoned up to five days earlier.

 

Finally…

Turns out rocket powered cyclists are nothing new. British cyclists have a better knowledge of road safety than motorists do; not surprising, since people on bikes are a lot more vulnerable on the roads those who can rely seat belts, air bags and crumple zones.

And a Boston man confronts the thief who’s stealing his bike, and wins.

 

Morning Links: 16-year old killer of randonneur Matthew O’Neil gets off with barely a slap on the wrist

Evidently, life is cheap in Santa Maria.

Or maybe just when you’re the son of a former Lt. Governor.

The 16-year old son of Abel Maldonado, who was diving the truck that killed popular randonneur Matthew O’Neill, gets off with a mild caress on the wrist in the form of restitution, community service and losing his license for a whole nine months.

Make that just 100 hours of community service.

O’Neill, on the other hand, received the death penalty for the crime of riding a bike. And the $75,000 in court ordered restitution isn’t going to bring him back, or fill the gaping holes in the hearts and lives of his family, friends and fiancé.

If this is justice, I don’t want to see the alternative.

……..

Local

KCET looks at the 110th anniversary of what may be LA’s most celebrated boulevard. And the one I chose as my all-time favorite ride in the City of Angeles.

Parenthood star Erika Christensen is engaged to be married to cyclist Cole Maness; they reportedly met at a bike event.

Streetsblog offers a busy week of livable streets events.

 

State

A new petition calls for a stop to plans for a bike and pedestrian toll on the Golden Gate bridge.

CSU Bakersfield invites students to try out the new campus bike rental program for free in January.

Do we really need to explain that the new three-foot passing law does not require cyclists to stay three feet from cars? Evidently, yes, we do.

Even Hollister, famously invaded by motorcycle riding Marlon Brando in the Wild One, is getting bike lanes.

 

National

Smart idea, as Sugoi makes highly reflective new bike jackets by weaving glass beads into the fabric.

Smart bikes are nothing new. Take this one from 1992, for instance.

The seemingly interminable debate over whether bike lanes gentrify neighborhoods goes on, as if no one ever rides bikes in lower income areas.

I somehow missed this last month, as bike lawyer Bob Mionske offers advice on how to deal with overly aggressive drivers. I’ve learned the hard way to simply pull aside and let jerks pass; taking a photo of an angry driver will also often help diffuse a confrontation.

Honolulu is getting its first protected bike lane; surprisingly, the city has the nation’s ninth highest rate of bike commuting.

Drivers ignore new buffered bike lanes in Louisville KY. So naturally, the local TV station blames scofflaw cyclists.

Men’s Journal says the lesson to be learned from Bono’s broken arm is that parks and other mixed-use urban spaces — like the Santa Monica/Venice bike path — are among the most dangerous places to ride.

Solange Knowles and new husband show a little bike love, riding matching white bikes to their New Orleans wedding. Although I can’t say it’s a good omen to start a marriage on a ghost bike.

 

International

Advice from the UK on how to ride faster up short, steep hills. Or just ride faster, period.

Cycling Weekly offers up five classic Brit bike videos from the British Pathé newsreel archives.

A British road safety week campaign falls flat amid accusations of victim blaming.

Lesson #1: Don’t try to steal a bike from an Irish cyclocross rider.

Delivering HIV medications by bicycle in Cape Town.

Actually, that new Aussie 3D printed titanium bike isn’t; only the lugs are.

 

Finally…

Caught on video: A Toronto man smashes the window of a local bike shop with his head for no apparent reason, then simply walks away. When you’re riding a bike with a live python in your backpack, it’s only polite to tell the cop who stops you before he searches it.

And when you’re carrying a crack pipe, two drug needles and a pill box in your pocket, it’s probably not the best idea to block access to an ATM while riding a bike in your bra.

Especially if you’re a man.

 

Weekend Links: Rider down at 7th and Grand; driver charged with killing James Rapley in Temescal Canyon DUI

A bike rider was hit by a car at 7th and Grand in Downtown LA Friday morning.

Unfortunately, no word on the condition or identity of the victim, but I’m told he was conscious and in a lot of pain.

That bike appears to be trashed, though.

Photo by Yuki Kidokoro

Photo by Yuki Kidokoro

Thanks to Yuki Kidokoro and LA BAC member David Wolfberg for the heads-up.

……..

Just got word late Friday that Mohammed Kadri has been charged with a felony count of vehicular manslaughter while intoxicated in the death of cyclist James Rapley on Temescal Canyon late last year.

As you may recall, Rapley was riding on a rented bike during an extended layover at LAX while flying back home to Australia for the holidays, when Kadri’s car drifted into the bike lane and hit him from behind.

Kadri was allegedly drunk — or possibly still drunk — at 9:15 am on a Sunday morning, and reportedly told a bystander he had been texting.

On a related note, it’s my goal is to turn the uphill bike lane on Temescal into the city’s first parking–protected bike lane. It may not have saved Rapley at that early weekend hour, but could help keep future cyclists from the same fate.

Thanks to Karen for the heads-up.

……..

You’ve got to be kidding.

A 20-year old Wisconsin man hit a newspaper deliveryman on a three-wheeled bike, and drove home with the victim embedded in his windshield. The rider, who did not appear to be seriously injured, unlocked the passenger door and started walking down the street before a witness called police.

And yes, you’ve got to see the photo on that link.

Then it happened again, when an allegedly drunken New Jersey driver was stopped by police with a man stuck in the windshield, after driving 1.5 miles from the scene of the hit-and-run. The 61-year old victim had to be cut out of the windshield by firefighters, and was taken to the hospital in critical condition.

……..

Local

No surprise that two of the three drug charges filed against Clinton Alford, Jr — the bike rider allegedly beaten and kicked by LAPD officers last month — have been dropped, with the third likely to follow, since police had no probable cause to stop and search, let alone beat, him. I’ll never understand why there’s not more outrage over this case.

Seventh District Councilmember Felipe Fuentes teams with the LACBC to light up lightless riders as part of Operation Firefly.

LADOT counts riders along the LA River bike path.

Better Bike offers an open letter calling for an end to considering traffic congestion as a mitigation criterion under CEQA rules.

Cycling in the South Bay writes about an all too typical exchange between a cyclist, a dangerously aggressive driver and bike cop who blames the wrong one.

Former US crit champ Rahsaan Bahati talks bike safety to school kids.

 

State

Neal Storm Stephany pleaded not guilty to a well-deserved murder charge in the Newport Beach DUI death of cyclist Shaun Eagleson last month.

A missing Irvine mountain biker isn’t missing any more.

The Executive Director of the San Diego County Bicycle Coalition explains what the city’s CicloSDias open streets festival is all about.

A Riverside man uses cycling to bounce back from osteoarthritis, and is raising a team after missing last year’s California Coast Classic following a double knee replacement.

Ventura County gets a $3.3 million grant for biking and walking projects.

Oakland bike thieves bust through the front door of a bike shop and steal 46 high-end mostly folding bikes. Thanks to Alex Kekauoha for the link. Note: I initially misidentified the location as San Francisco; it actually happened in the Bay Area city that didn’t win the World Series this year. Thanks to Prinzrob for keeping me honest. 

A San Francisco drunk passes out in the street next to the pink child’s bike he’d been riding. Am I the only one wondering if they checked to see if the bike was stolen?

Bike friendly Davis is looking for a new bike/ped coordinator.

A Sacramento-area fitness chain mimics ghost bikes by locking orange-painted bikes around town for a not-very-effective marketing campaign.

 

National

Protected bike lanes not only improve safety for cyclists, but for pedestrians, as well. Then again, they seem to be good for everyone.

A rider for Team Novo Nordisk explains how to ride with diabetes, something I’m going to have to learn.

Four years for a Portland teenager who bashed a random cyclist in the face with a brick. Too bad he’s a juvenile, because that crime deserves a lot more time.

A Wyoming driver faces up to 16 years after pleading guilty to aggravated homicide in the death of a cyclist earlier this year.

Things are changing in the Lone Star State as San Antonio becomes bike friendlier, and even Houston isn’t as bad as it used to be.

A writer for the Chicago Reader skillfully dismantles the Tribune’s crotchety, anti-bike troll.

A Michigan writer explains why riding with traffic is safer for cyclists. Seriously, nothing good comes from riding salmon.

New York launches a new Vision Zero map tracking traffic deaths across the city.

Great profile of New York bike messenger and riding legend Austin Horse.

A DC writer says riding on the sidewalk is just scary, for pedestrians, not dangerous.

 

International

How to survive riding in the rain.

A Vancouver study shows drivers are seldom charged with dooring.

A UK website asks if doping is finally a thing of the past in pro cycling. Uh, yeah, sure. Of course it is.

A smartly designed new Brit bike grows with your child.

A Welsh cyclist faces multiple charges after breaking out the window of a car with his U-lock. Seriously, no matter how angry you may be, responding with violence will only make it worse.

Irish researchers with a keen grasp of the obvious discover bicycling is underutilized in the country because many people think it’s too dangerous.

An Aussie rider explains why we wear those silly cleated shoes.

 

Finally…

Sir Bradley Wiggins, former Tour de France champ, is now an anime character. Caught on self-promoting video: A London beverage company develops a slightly self-serving plan to provide helmets for Boris Bike users; but not, evidently, these helmetless cyclists who videoed themselves using them — the bikes, not the helmets — to ride from London to Paris.

And Bikeyface neatly illustrates the problem with Share the Road.

 

Morning Links: Dangerous SaMo corner, LA Calbike board members, East LA man killed in bike dispute

I count on my readers to keep us appraised dangerous situations.

Especially now when health issues continue to keep me off my bike.

For instance, Santa Monica cyclist Bill Jordan writes about a dangerous intersection after seeing a cyclist down Wednesday morning.

Wanted to make you aware of a bike car collision that occurred this morning at the bottom of the 23rd street hill behind the Santa Monica Airport where it intersects Dewey St. Two cars were stopped with multiple police officers on the scene and a crumpled bike in between the two cars.

Samo MapI’m quite familiar with the intersection, as I bike commute 1-2 days per week past it in both directions, and I can safely say it’s the spot I’m most concerned about on every ride. It’s also easily solvable with a little adjustments to traffic flow. As you can see in this crude graphic, evening rush hour traffic backs up 23rd St. (highlighted in red), typically all the way to Ocean Park Blvd.

This encourages people to use the comparatively empty 21st St, and then cut across Dewey, Navy, Marine, or even the alleyway between Navy and Dewey (highlighted in yellow). This would be fine, except drivers rarely remember to check the unimpeded southbound bike lane on 23rd before turning out into the stopped traffic. Since it’s a 3% decline, I often find myself riding the brakes to avoid running broadside into a car that didn’t realize there was more than one lane of traffic they were turning across. It is not surprising at all that the Strava Segment for that downhill section is called “Ocean Park – Rose Kamikaze.”

As for why the traffic backs up, you don’t have to go far to find the solution. The intersection at Rose Avenue and Walgrove has a light that is timed for the morning rush, when a number of people are coming west on Rose Avenue and turning north on Walgrove/23rd. However, that traffic doesn’t exist in the evening, but of course the lights follow the same pattern. This leads to lots of red light time for cars heading southbound on 23rd/Walgove, and creates the three quarter mile backup that encourages the unsafe neighborhood cut-throughs. Obviously with the morning collision the backup wasn’t the problem here, but it does show how unsafe the bike lane there is. Would love to know who could help fix this issue.

I’ve forwarded his email to Cynthia Rose of LACBC neighborhood chapter Santa Monica Spoke.

Any other suggestions for who he should talk to?

Update: I’ve just gotten word that the cyclist involved in this collision was popular LA rider Nate Loyal, who came out on the losing side of a collision with an SUV.

I’m told he was rushed to the hospital with a broken tibia, tibia and collarbone — but thankfully, no head injury. He’s scheduled for surgery today, but expected to be okay.

Best wishes and prayers for full and speedy recovery.

………

Calbike gets four new board members, including San Diego’s Elayne Fowler, Silicon Valley’s Janet LaFleur, and our own Dorothy Wong and BikinginLA sponsor Josh Cohen.

………

Sad news from Portland, as a beloved recumbent bike shop owner takes her own life, two years after she suffered a severe brain injury in a collision while riding her ‘bent. Thanks to David Wolfberg and Megan Lynch for the heads-up.

………

LASD sketch of the suspect

LASD sketch of the suspect

Just heartbreaking. A 76-year old East LA man suffering from dementia was beaten to death last August in a dispute over a bicycle, which did not belong to him.

His killer, identified only as a Hispanic man with a trimmed mustache and beard — which he probably shaved off if he’s seen the news — rode away on the bike.

………

Canyon Velo Cycling will host a Remembrance Ride for fallen OC cyclist Sherri Norton, three years after she was killed in a highly disputed collision. Thanks to Jeffrey for the news.

………

Local

Mayor Garcetti promises to step up street repaving, and assures Streetsblog the new and improved streets will have the most recent approved designs, including bike lanes and continental crosswalks. Meanwhile, a city council proposal would allow residents to tax themselves to pay for road and sidewalk repairs.

Santa Monica approves the county’s first Smart Bike bike share system.

More on Friday’s planned crackdown by Santa Monica police to improve bike and pedestrian safety; and yes, for a change, they’re targeting drivers as well as cyclists and jaywalkers.

Peloton looks at last Sunday’s Feel My Legs, I’m a Racer competition up some of the city’s — and the nation’s — steepest hills.

 

State

The San Diego Reader looks back at fallen cyclist Udo Heinz and the bus collision that needlessly took his life.

Sometimes you’re just in the wrong place. An El Cajon bike rider suffers serious injuries when he’s collateral damage in a collision between two vehicles.

A San Bernardino bike rider is killed in a pre-dawn shooting.

Santa Barbara police issue nearly 100 citations to drivers and cyclists alike in a crackdown to improve bike safety.

It’s not all bad news, though, as Santa Barbara will build a new bike station at the city’s Transit Station. Thanks again to Megan Lynch for the link.

San Francisco will expand their bike share system while upgrading equipment.

The long-planned Bay Bridge bike path connecting Oakland and San Francisco could be in trouble after authorities choke on a $400 million-plus price tag.

 

National

Wired offers up nine things drivers need to stop saying in the debate over bikes vs cars. To start, we could stop positioning it as bikes vs cars. Or cyclists vs drivers.

A big-hearted, yet anonymous Oklahoma cop buys a boy a new bike after his was stolen.

New York looks at the progress made in the first year of Vision Zero, while Portland moves forward with their plan.

If I rode with a knife like that, I'd probably get more respect from drivers, too

If I rode with a knife like that, I’d probably get more respect from drivers, too

People for Bikes unveils a new bike safety campaign based on popular Pittsburgh series.

Caught on video: Just days after a Boston aggro bike filmmaker survives a brush with a road raging cabbie, he barely survives a right hook in the rain — then wishes the driver a happy Wednesday.

A Philadelphia cyclist intervenes to stop a bike thief, even after the outlaw flashed a gun.

The writer of Brooklyn Spoke explains why he’s opposed to the proposed New York ban on cellphone use while bicycling.

A Florida father files suit against FedEx after a driver kills his bike-riding special needs son; the driver was allegedly looking down while he accelerated, and didn’t even know he’d hit someone.

 

International

Bikes are an economic powerhouse, as Europe’s cycling economy has created 650,000 jobs. And could reach one million in just six years.

Brit cyclists plan a die-in and faux funeral to call attention to the need for safer streets.

Your next bike could be a junk. Literally, as Brit firm specializes in upcycling scrap cars into handmade bicycles.

Dublin is hiring a new cycling czar. Don’t bother applying, I’m taking it.

Germany considers sending convicted dopers to jail for three years, with 10 years for the doctors who help them.

Cycling Weekly looks at a bike that isn’t quite the one the won a stage in the Tour de France in 1959, and offers solutions to embarrassing problems on a bike. Just make sure no one is drafting on you when you break wind; then again, if you’ve got a wheel sucker behind you, it’s a good defense mechanism.

An Aussie councilmember proposes a boxy, so-called “smart helmet that would comply with the country’s mandatory helmet law, while providing a licensing registration number that can be read by road cameras. And it has built-in turn signals, brake light, visor with wiper blade, and offers a warning when the rider gets too close to pedestrians. Seriously, you can’t make this shit up.

 

Finally…

A Seattle website asks whether a bike rack has been circumcised; looks like it to me. So much for the common argument that no one rides in winter weather.

And fair is fair: A Chicago columnist is incensed that dog owners must carry proof of a license when their dogs go out to poop, but cyclists don’t need one — to ride, not poop. But maybe bike-hating writers should have one to write crap like this.

 

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