Tag Archive for Debra Deem

Morning Links: Glendale driver brake-checks cyclists; Newport Beach legal settlement could fix deadly intersection

In case you haven’t seen it already, the big story of the day was a driver assaulting two cyclists riding in Glendale.

CiclaValley broke the story, reporting that the incident happened sometime last week as friends of his were riding on Chevy Chase Drive.

In the video, you can clearly hear an impatient driver honking from behind as the cyclists ride just outside the door zone, even though the bike computer visible at the bottom of the screen appears to show they’re traveling at 27 mph.

The driver then buzzes them at an unsafe distance, in clear violation of the three-foot passing law, before slamming on his brakes and brake-checking the riders, nearly forcing one off the road while the other has to swerve dangerously out into traffic to avoid rear-ending the car.

Yet even though this is an obvious case of assault with a deadly weapon — in fact, Dr. Christopher Thompson got five years for a similar incident — CiclaValley implies the Glendale police have been slow to act, at best.

Using a car in a violent manner should be no different under the law than if the driver had taken out a gun and shot at the riders. And should be taken just as seriously, especially since there’s video evidence of the assault.

The one problem with using video like this to press charges, according to officers at the last meeting of the LAPD bike liaisons, is that it’s difficult to prove who was behind the wheel.

Yet even that is not a factor here, since KNBC-4 tracked down the driver, who freely admits he was the driver in the video.

According to his version of events, he honked as he passed — for reasons he failed to explain, just as he failed to explain the apparent punishment pass — then slammed on his brakes after he heard something hit his car, suggesting that one of the riders hit it as he passed.

Yet the video clearly shows that never happened.

There’s no sound of a smack against a car, which should have been clearly audible. And there’s no wobble of the bike, which would have been inevitable if the rider had reached out and hit a hard object as it zoomed by.

The unidentified man, who says he’s a former cyclist himself, portrays himself as the victim in this incident, and says he was just trying to get away from those scary men who were attacking him.

Even though he was the one who honked for no apparent reason. And he was the one who passed dangerously close, even though he was legally required to be well out of their reach. And he was the one who slammed on his brakes directly in front of the two bike riders.

KNBC is no doubt patting themselves on the back for tracking the driver down and getting an exclusive interview with him. But they should be hanging their heads in shame for failing to confront him about the obvious holes in his story, accepting at face value an excuse that is both implausible and demonstratively false.

As should the Glendale police for failing to take action to protect people who are using the streets in a safe and legal manner.

They will most likely claim this is a case of he said/she said, and try to wash their hands of the matter.

But the evidence is right there on the video. All they have to do is look at it.

This just in: CiclaValley breaks down the driver’s statement in great detail, and doesn’t find a lot of truth to it. Or any, for that matter.

Thanks to Lois for the heads-up.

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After the authorities refused to press charges, Philadelphia bicyclist posted video of a confrontation with a road raging hearse driver who hit him with the van’s mirror, and threatened him for the crime of kicking over a traffic cone.

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Most legal settlements involving cyclists include a payment to the victim to help recover his or her loses.

It’s not often one tries to keep it from happening again.

Torrance law firm AgnewBrusavich announced a settlement with Caltrans and the City of Newport Beach over the death of 58-year old cyclist Debra Deem in 2013.

According to the settlement, Caltrans will pay $450,000, while Newport Beach will kick in another $225,000. But more importantly, both agreed to help fix the deadly intersection where it happened.

Deem had been riding north on PCH in Newport Beach around 4:30 pm on August 27th when she approached the intersection at Newport Coast Drive, where a freeway-style exit lane allows drivers to turn right without slowing down, and forces riders to cross high-speed traffic in order to go straight.

She was hit from behind by an 84-year old driver exiting PCH, and died the next day.

According to the lawsuit, Newport Beach was well aware of the dangers to cyclists at that intersection; in fact, a 2009 Bike Safety Task Force identified it as the intersection most in need of safety improvements.

Now that may finally happen.

The settlement negotiated by attorney Bruce Brusavich requires the city to cooperate with traffic safety experts selected by him and Deem’s husband, Cycle Werks owner Paul Deem, to design improvements to the intersection. And Caltrans will be legally required to consider those improvements in good faith.

Though evidently, not required to implement them.

It’s too late to help Debra Deem. But maybe this settlement can keep it from happening to someone else.

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More bad news from the world of bike racing, as Claudio Clarindo, the world’s 12th ranked ultra-distance cyclist, was killed in a collision while training in Brazil, and his riding partner severely injured. Clarindo was a five-time finisher in the Race Across America, aka RAAM.

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Local

Continuing the theme of angry drivers, a Santa Monica cyclist encounters a driver who apparently wasn’t pleased with where he was riding. Maybe the fumes from that Porter Ranch gas leak is making drivers crazy; twice in the last week I’ve had drivers get out of their cars to physically threaten me while I’ve been walking.

LACBC board member and BikinginLA sponsor Jim Pocrass explains the new state laws affecting bike riders.

Streetsblog’s Damien Newton talks with bike advocate Wes Reutimann, executive director of Bike SGV, about the proposed bike park at the former Puente Hills Landfill; you can sign the petition to support it here.

 

State

California is finally getting rid of the outdated LOS (Level of Service) requirement for environmental rules; the previous rules meant that removing bike lanes didn’t require an environmental review, while installing them often did.

The inventor of the cardboard-based Kranium bike helmet is suing a consortium of investors in San Diego, alleging they lied about contacts with retailers and failed to pay what they promised.

A new $5 million development in San Diego’s Imperial Beach will cater to bike riders and pedestrians with cafes, a bike shop and water station.

Police in El Centro say they don’t have enough evidence to get a warrant to look for a bike tourist’s stolen bike, even though they tracked the bike’s GPS to a house; when no one answered the door, they apparently gave up. Seriously, you’d think a GPS reading saying the bike was inside would be enough for a search warrant, but what the hell do I know.

 

National

The City Metric website asks if road diets are the next big thing for American cities, then suggests car culture may be too deeply entrenched for that to happen.

Vancouver WA gets its first green lanes.

A proposed Nebraska bill would repeal the state’s outdated must-use law requiring cyclists to use a bike path if one runs parallel to the roadway, although it may have a difficult time moving forward in the legislature.

A Dallas writer says cyclists and runners need to work together to make roads safer in the face of their common enemy, the motorist.

Nice program from a Connecticut school, allowing students to earn credit towards buying a refurbished bicycle, as well as establishing a bike club and teaching them to fix bikes.

A New York study shows that split-phase traffic signals that allow cyclists and pedestrians to cross an intersection before motor vehicles are twice as effective in reducing injuries as the more common mixing zones that send everyone through at once.

 

International

C is for Coffee, D is for Drafting, as Cycling Weekly offers the A to Z of bike riding.

A British letter writer complains about bicyclists blocking the sidewalk by chaining their bikes to posts and railings. If bike riders are locking their bikes up wherever they can, maybe it’s a sign that there’s not enough safe bike parking in the area.

If you can afford an electric car, you can now silently sneak up on cyclists in British bus lanes, where bike riders previously only had to contend with noisy buses and cabs.

Drivers usually get a slap on the wrist for killing a bicyclist; a UK German Shepard just won a three-year battle to overturn his death sentence for biting one.

Cyclelicious looks at a crowdsourced, lock-free bike parking solution in Latvia. And one that could easily work here.

 

Finally…

Your next bike could have an 18-speed front wheel drive, although pedaling while turning may be just a tad awkward. Getting out on your bike could improve your sex life.

And screw OKCupid and Tinder; all you need to find true love is Strava.

 

Morning Links: Victim and suspect identified in Oceanside hit-and-run, charges filed in PV road rampage

Note: I have to take my laptop into Apple on Monday for a repair it shouldn’t need after just 16 months, but apparently does. So this may be my last update for a few days until I can get it back; I’ll be out of email contact for the most part, as well.

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Philip White ghost bike; photo courtesy of Ghost Bike Foundation.

Philip White ghost bike; photo courtesy of Ghost Bike Foundation.

Police finally identified the victim in last week’s Oceanside hit-and-run, a day after he was named here by family members.

According to San Diego 6, 28-year old Oceanside resident Philip White was found lying dead in the roadway on the morning of September 21st; evidence at the scene suggested he had been hit by a green Kia Soul.

Police quickly found the vehicle, and have identified the owner as 22-year old Christopher Noah of San Diego. Yet a full week later, Noah has not been arrested and no charges have been filed.

The delay may be due to difficulty proving Noah was behind the wheel at the time of the collision.

Let’s hope that when an arrest is finally made, the charges will reflect the seriousness of the crime. Had the driver stopped and rendered aid, as the law requires, it’s possible that White’s life may have been saved; instead, the person who ran him down made a conscious decision to let his victim die in the street rather than face the consequences of his actions.

If that doesn’t warrant a murder charge, I don’t know what does.

Meanwhile, a fund has been established to help the family pay for funeral and other related expenses arising from White’s unexpected death. They’re only asking for $5000; any money beyond what’s needed will be donated to charity organizations such as MADD and the San Diego County Bicycle Coalition.

Then there’s this comment contained in an email from a member of White’s family, which is definitely worth sharing.

The cycling community has shown an overwhelming amount of support and sorrow for someone they probably did not know and it has given real comfort to our family.

Let’s never forget that what we do and say can touch the people who need it most, when they need it most.

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A drunk driver who went on a violent road raging rampage through Palos Verdes last year has finally been charged in the case.

According to the Daily Breeze, 66-year old William Thomas Kelly faces charges of “assault with a deadly weapon using a vehicle, making terrorist threats, driving under the influence, vandalism and hit-and-run.”

Let’s hope it hurt like hell when the DA threw the book at him.

Kelly started by crashing his Audi into a woman’s car. Then backing up and hitting her again.

He went on to deliberately assault a cyclist, attempt to run over a pedestrian, sideswipe a car, hit another one, ram several cars in a parking lot, and rear end a car before sideswiping another one, then intentionally backing into it.

But wait, he wasn’t done.

Kelly drove on to intentionally sideswipe and back into yet another car before ramming into three locked fences and, finally, passing out behind the wheel of his disabled car.

Other than that, though, he was a perfect driver.

The Daily Breeze quotes the bike rider in describing what happened after he yelled at Kelly for clipping him in a too-close pass and running him off the road.

The bicyclist, Doug Castile, said that afternoon that the driver backed up behind him and pushed him and his bike into the bushes at the side of the road.

“At that point, my feet are clipped in the pedals on my bike,” he said. “I unclipped my feet and jumped off the bike into the plants and he’s running over my bicycle back and forth.”

Castile said the driver then noticed him reach into his pocket to get his phone.

“He says, ‘What are you reaching for, a gun?’ It just was so odd to hear that statement. I took my hand out of my pocket. I thought this guy is capable of anything,” Castile said.

Thanks to Jim Lyle for the heads-up.

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No justice for fallen Newport Beach cyclist Debra Deem, as the DA drops all charges against the 85-year old driver who killed her, following a mistrial earlier this month.

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Local

LA’s Bureau of Street Services recommends removing roadside memorials — including ghost bikes — from city property after just 30 days; thanks to Danny Gamboa for the link.

Eastsiders worry that Sunday’s CicLAvia will bring hipsters and gentrification to Boyle Heights.

Two South LA men sharing a single bike are injured when a driver runs a red light; the victims were hospitalized with broken limbs, internal injuries and head trauma. Naturally, the driver was not arrested at the scene.

Nice. Seven years ago, a 34-year old former Army sergeant was confined to a wheelchair, riddled with pain and addicted to opiates; on Sunday, he planned to ride 90 miles in the Beverly Hills Gran Fondo, thanks to a new medical device.

Actor and 30 Seconds to Mars lead singer Jared Leto rides a bike in Studio City.

BikeSGV picks up the Bike the Vote mantle, with a questionnaire completed by Alhambra city council candidate Eric Sunada.

 

State

This Sunday a section of Santa Ana will go car-free, the same day CicLAvia extends into Boyle Heights for the first time.

An OC trail rider gets a helicopter rescue after he’s injured while riding on Whiting Ranch.

A San Diego collision between a police car, a bicyclist and another vehicle sends five people to the hospital; a later report says the police car spun onto the sidewalk and hit eight Brazilian tourists on rented bikes.

The next time someone says bike riders have to obey the law too, ask them who the “too” refers to. Because most drivers don’t, either.

A San Francisco writer says the new three-foot law means drivers will have to break the law to do the right thing, and that protected bike lanes are the way to go. Unfortunately, Governor Brown vetoed an earlier version of the three-foot passing law that would have allowed drivers to briefly cross the center line to pass a cyclist safely.

 

National

New Mexico is investing $1 million in improving rail crossings to protect bicyclists and pedestrians.

Police are searching for a road raging Nyack NY cyclist who went off on a car passenger for no apparent reason. Of course, drivers are entirely innocent in such cases and couldn’t possibly have done anything to set a rider off, right?

Good advice on what to do if you’re hit by a car in New York; the same holds true here in LA or anywhere else.

After a New York state senator proudly yells at cyclists to “Find an f-ing bike lane and get in it,” a Brooklyn cyclist invites her to get on a bike and see what it’s like for the victims of her abuse.

 

International

Kind hearted Winnipeg residents return a customized bike stolen from a nine-year old with cerebral palsy after they unknowingly buy it for parts.

A UK writer says cyclists make easy targets for anti-bike politicians, but it’s only a minority that don’t play by the rules.

An Iranian cyclist gets a free pass out of military service after his surprise win in the Asian Games.

An Australian state invests $300,000 in an education campaign to improve bike safety; then again, spending the same amount on improving infrastructure could probably do more good.

 

Finally…

Well, duh. An Abu Dhabi writer says cycling outside, instead of in a gym, relieves boredom; only people who cycle in a gym think it even begins to approach the real thing. Proof that not all jerks are behind the wheel: A Brit bike rider punches a 70-year old man who reprimanded him for weaving through a crowd.

And now you can follow your every move with your own personal drone. Even if using private drones is currently illegal.

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Thanks to George Wolfberg and Glen Schmuetz for their generous contributions to support this site.

Breaking News: No justice for OC cyclist Kenneth Prevatte; civil suit filed in Debra Deem case

Once again, there’s no justice for a fallen rider.

Late Tuesday, I received an email from the sister of Kenneth Prevatte, killed in a rear-end collision while riding in a Sunset Beach bike lane on PCH in Huntington Beach over two years ago. She informed me that Becki Lee James, the driver charged in the death of the popular Long Beach cyclist, was acquitted in a trial this week.

She reports James had been charged with vehicular manslaughter; she had originally been arrested on suspicion of felony DUI causing great bodily injury & gross vehicular manslaughter while intoxicated.

No word yet on why the alcohol charges had been dropped or why she was acquitted in what seemed like a clear cut case; hopefully we’ll have more information soon.

But at least the Orange County District Attorney should be congratulated for filing charges in a case with no guarantee of victory — unlike the LA DA.

And hopefully, Prevatte’s family will get the justice they deserve in civil court.

In an aside to the case, one of the potential jurors dismissed from the jury pool in the James trial was the brother of teenage cyclist Sean Severson, killed while biking to school in Fountain Valley.

Pity that those who would make the best jurors in cases like this are the ones who are automatically excluded.

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Speaking of civil court, I received a press release from Torrance-based law firm AgnewBrusavich, the firm behind the CalBikeLAw.com website, announcing they had filed a civil suit in the death of cyclist Debra Deem.

Deem, the wife of former Olympian cyclist and Cycle Werks bike shops owner Paul Deem, was riding in the bike lane on PCH in Newport Beach when she was right hooked by a driver turning onto Newport Coast Drive.

The suit alleges that the State of California and the City of Newport Beach were both negligent in the design and maintenance of what has been described as a very confusing intersection by cyclists who ride there. Unlike other intersections in the area, the bike lane reportedly disappears prior to the highway-style interchange, leaving riders with no clear pathway to the other side, and no guide for drivers on where bikes are likely to be positioned.

According to the release, Paul Deem filed the suit, at least in part, in hopes that it will bring much needed safety improvements to this section of PCH.

Meanwhile, I’m told that the case against the driver, 84-year old Robert James Anderson, ended in a mistrial on Friday; no word yet on why or if the case will be refiled.

 

Update: Driver faces charge for August death of Debra Deem in Newport Beach

Maybe there will be justice for Debra Deem after all.

According to CdM Today, a misdemeanor charge of vehicular manslaughter without gross negligence has been filed against 84-year old Irvine resident Robert James Anderson, the driver who took her life in a Newport Beach collision last August.

The site reports the case was filed last Friday, and he’s expected to be arraigned on February 3rd.

Deem was riding west on East Coast Highway just east of Newport Coast Drive at 4:28 pm on August 28th when she was struck by a white minivan driven by Anderson.

The van as traveling in the same direction as Deem; however, it’s not clear if her bike was struck from behind or if he turned into her. Police merely say Anderson made an unsafe lane change that resulted in the collision.

Several people who ride through the area suggest that the design of the intersection, with a dangerous transition from the shoulder bike lane through the freeway-style interchange, may have contributed to the collision.

Deem was the wife of local cycling legend Paul Deem, a former Olympic cyclist and the owner of the Cycle Werx bike shops in Costa Mesa and San Clemente.

According to the Daily Pilot, the charge carries a maximum sentence of one year in county jail.

To be honest, though, as much as I believe in justice for all cyclists, I’m not sure what good there is in sending an 84-year old man to jail. The real benefit may simply be getting a driver who may be too old to drive safely off the roads.

Then again, that probably should have been done long before the collision that took Debra Deem’s life.

Thanks to Amy Senk and Jeffrey for the heads-up.

Update: More information from the Orange County Register; for a change, the story isn’t locked up behind their paywall. 

The paper reports neither speed or alcohol appeared to be a factor in the collision. In an interview, Anderson says he has only received on traffic citation in his life, oddly, for another improper lane change in 1966.

According to his lawyer, witnesses to the collision said Deem left the bike lane when she was cut off by another driver, placing her bike in the path of Anderson’s van. The lawyer says he never saw her. Or rather, never had a chance to see her.

Reading between the lines, it sounds like prosecutors will argue that if Anderson hadn’t made the illegal lane change, Deem’s bike wouldn’t have been in front of him. Or at the very least, he would have had a chance to see her and react.

Then again, her bike should have been clearly visible in the bike lane before any of this unfolded.

And the tragedy is compounded by the heartbreaking effect it’s had on her husband.

“My initial thought was ‘accidents happen,’ “ he said. “People get in a hurry. I’ve been in a hurry. Fortunately I’ve never killed anybody.”

But he keeps thinking about the unfairness of the situation. He lost his wife and later, he said, his house.

“I’m not quite sure what Mr. Anderson’s losing in this thing,” Deem said. “He doesn’t lose his house. If I sue him for wrongful death, he files for bankruptcy and keeps his house and life goes on. I’ve lost my life. … From a justice standpoint, I’ve lost everything.”

Breaking news — Newport Beach bicyclist dies of injuries from Tuesday collision

I’ve just received confirmation that a bike rider critically injured in a Newport Beach collision has died of her injuries.

Debra H. Deem was riding west on East Coast Highway just east of Newport Coast Drive at 4:28 pm when she was struck by a white minivan traveling in the same direction. The 58-year old Laguna Beach resident suffered major head trauma despite wearing a helmet, suggesting that the impact may have occurred at relatively high speed.

She was transported to the trauma center at Mission Hospital, where she was disconnected from life support earlier today. A statement issued by the Newport Beach Police Department late this afternoon confirmed earlier reports of her death.

A cyclist who lives in the area describes the intersection as very dangerous, with inadequate transitions from the shoulder bike lane through the freeway-style interchange.

The victim is the wife of local cycling legend Paul Deem, a former Olympic cyclist and the owner of the Cycle Werx bike shops in Costa Mesa and San Clemente. Local attorney and former bike racer David Huntsman says Deem helped inspire his own racing career, and says Debra Deem’s death will devastate the Orange County cycling community “like a death in the family.”

Deems’ fatality comes just less than a year after that of Sarah Leaf on East Coast Highway and Dr. Catherine Campion Ritz on Newport Coast Drive; the twin deaths resulted in an outpouring of grief and a commitment to improve safety in the city.

This collision was just one of two separate Orange County wrecks that left bike riders critically injured yesterday afternoon. Another cyclist was struck while riding on Rancho Santa Margarita Parkway, resulting in what was described as severe injuries; no word yet on that rider’s condition.

The Newport Beach Bicycle Master Plan Oversight Committee meets on September 3rd; Deems’ death will undoubtedly bring a number of riders out to discuss her death and demand safer streets.

This is the 62nd cycling fatality in Southern California this year, and the eighth in Orange County; that compares with seven in the county this time last year. As noted, it’s also the third bicycling death in Newport Beach in the last 12 months, and at least the sixth since 2010.

My deepest sympathy and prayers for Debra Deem, and all her family and loved ones.

Thanks to David Huntsman, Allyson Vought and NBPD Deputy Chief David McGill for their help with this story.

Update: A friend of Deem’s describes her as “a mother, wife, attorney, gourmet chef, homemaker and cyclist,” according to Corona del Mar Today

The Orange County Register reports the victim of the Rancho Santa Margarita crash is a 34-year old man, who remains in critical condition.