Archive for bikinginla

The Bike Accident Lawyer You Choose Can Make Or Break Your Case

February 25, 2014 / / 6 comments

 

Jim Pocrass, Pocrass & De Los Reyes LLP

Jim Pocrass, Pocrass & De Los Reyes LLP

Bikes Have Rights™
By James L. Pocrass, Esq.
Pocrass & De Los Reyes LLP 

 

Last Sunday we attended the Los Angeles Bicycle Commuter Festival & Summit, which was organized by the Bicycle Culture Institute and its L.A. Bike Trains program. After helping to set up the Pocrass & De Los Reyes booth, I wandered around saying “hello” to old friends and making new ones.

As I was thinking about the many conversations I had with a variety of people at the festival, I was struck by the two things they all seemed to have in common: 1.) they all ride bikes and 2.) every one of them told me they’d been in a bicycle accident at some time in their life.

You wouldn’t think this would be such a revelation to me. After all, as a recreational cyclist, I, too, have been yelled at, “flipped off,” and only avoided a collision (so far), because I was more aware than the motorist was.

As a bike accident lawyer, I have handled hundreds of bike accident cases, which has allowed me to develop a relationship to many people who have suffered life-altering injuries, because of the negligence or carelessness of another. I see their struggle to heal: physically, emotionally and financially. As one of the exhibitors, whose accident left him with numerous pins in his leg and with a limp, said to me Sunday, “You heal, but you’re never the same.”

It’s a peculiarity of human nature that when we meet someone and they tell us their career, we have an urge to tell them our personal experience with their profession. We tell doctors our symptoms. We tell IT people our computer problems. And we tell bike accident lawyers about our bike accident case.

I never mind when people want to tell me about their bike accident case, even if it was resolved years ago. I am, though, very careful of how I respond. After all, I am hearing someone’s perspective, and I haven’t reviewed the case. I don’t want to Monday-morning-quarterback another lawyer.

There have been a few times (one of which happened last Sunday, which was the genesis of this post), that inside I was just shaking my head trying to figure out what the person’s lawyer was thinking. But I’m not going to go into that here.

Instead, I am going to give you the secret code of how to choose a lawyer. And though this information generalizes to all practice areas, I am going to use bike accident lawyers as an example.

Bike Accident Experience: does the lawyer have experience in handling bike accident cases? Just as you wouldn’t go to a foot doctor for a heart condition, you don’t want to go to a business attorney for a bike accident.

A bike accident attorney is very familiar with bike accident and motor vehicle law. These laws can be complicated, especially if a bicyclist is hit by a truck and then all sorts of federal or state laws could apply.

Another example is California’s comparative negligence law. This means that the court (or jury) can apply percentages of fault in a motor vehicle accident and a bicycle accident. So even if the cyclist is found to be 10 percent at fault, other entities could be found to be 90 percent at fault, and compensation is proportioned out on that basis.

This is particularly important in terms of liability. If you are hit by a car and the motorist’s policy limit is, for instance, $50,000, then that is all the compensation you could get regardless of the verdict or the settlement.

An experienced bicycle accident attorney knows how to determine if someone else could be partially responsible for the bike accident, in addition to the motorist. Maybe it is a dangerous road or signage is poor and that particular spot has a history of accidents. In those situations, a government entity may be brought into the case.

Verdicts and Settlements: check the attorney’s record of verdicts and settlements in bike accident cases. There are attorneys who have little or no trial experience and automatically settle with insurance companies. This will work to your detriment.

The insurance companies know which lawyers do not want to go – for whatever reason – to court. Lawyers who are known to avoid court give the insurance company license to low ball their offers, which means you may not get the full amount of compensation you deserve and which you may need desperately.

Resources: checking the attorney’s record of verdicts also tells you their experience at trial. Court trials are very difficult. Contrary to popular belief, juries do not automatically lean towards the plaintiff, which is, typically, you. In fact, because of the insurance companies’ decades-long public relations campaign of “jackpot justice,” juries are often prejudiced against people who bring lawsuits.

What evidence is admissible and allowed into “the record,” takes years of learning and skill. Trust me; it is nothing like what you see on television. Trials are a game of rules, and the outcome is often dependent on how well an attorney knows those rules.

But maybe most important for you to know is that going to court takes thousands and thousands – sometimes even more than a million – dollars. Medical experts (doctors) charge between $500 to $1,000 a day. Just filing a complaint with the court is almost $500. All of this money is typically paid for by your bicycle accident lawyer until the case is resolved.

If an attorney does not have the financial resources to fund your case, they may not take your case to trial. Especially in today’s economic climate, insurance companies are refusing to settle (hoping you will go away) or low-balling offers. It is critical that every case be prepared as if it is going to trial.

Today it is not unusual for the insurance company to “settle on the courthouse steps” or while the jury is deliberating. But I can guarantee, if the case was not taken to trial, the cyclist would get nothing or little in settlement in those types of cases.

Affinity with your Lawyer. It is very important that you are comfortable with your bike accident lawyer and with their staff. You will develop a very close relationship with all of these people. You want to make sure that they are there to respond to you in a reasonable amount of time, that they understand your particular needs, and that they explain the legal process in ways you can understand so that you can make informed legal decisions.

I am a great believer in the American justice system. Like most trial lawyers, I have seen justice prevail many more times than I have seen it fail. Yes, it could be improved (better funding for the court system would be the first place to start), but I believe in it. However, the one thing I know absolutely is that the lawyer you choose – for all your legal issues – can make or break your case.

*California Vehicle Code 21200: A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle. . .

………

For more than 25 years, Jim Pocrass has represented people who were seriously injured, or families who lost a loved one in a wrongful death, due to the carelessness or negligence of another. Jim is repeatedly named to Best Lawyers of America and to Southern California Super Lawyers for the outstanding results he consistently achieves for his clients. Having represented hundreds of cyclists during his career, and Jim’s own interest in cycling, have resulted in him becoming a bicycle advocate. He is a board member of the Los Angeles County Bicycle Coalition.  For a free, no-obligation consultation, contact Jim Pocrass at 310.550.9050 or at info@pocrass.com.

*Sponsored post

Category: Bikes & the Law, Bikes Have Rights, Guest Columns / Tags: , , ,

Your morning links: Neighborhood Council elections, and somewhat questionable bike editorials

February 25, 2014 / / 2 comments
Sometimes, what happens inside is as inspiring as the view outside.

Real bike power starts at the neighborhood council level. And too often, ends here.

It’s a lot easier to fight the power from the inside.

It’s become pretty clear in recent months that LA City Councilmembers are relying on local neighborhood councils for input on major proposed bike projects. Or maybe just political cover.

Either way, a successful Bike LA starts from the ground up. And that means electing more bike riders and supporters to their neighborhood councils.

And that’s where you come in.

The deadline to register as a candidate in some Eastside — and possibly other — races is today. Which means you’ve got to move fast.

Click here for election and registration dates in your area.

Thanks to Patrick Pascal for the heads-up.

……….

The LA Times Opinion pages continues its weeklong wrap-up of their RoadshareLA series, to lesser or greater effect.

Mostly lesser, today.

The first complains about the traffic backups caused by the recent road diet in the 2nd Street tunnel that gave us the city’s first protected bike lanes. But concludes maybe that’s not such a bad thing.

That was followed by a much more problematic piece that takes “self-righteous” cyclists to task, while complaining about the new three-foot passing law. And characterizes a road raging driver knocking down a cyclist as just a nudge. One thing for sure — bike riders usually only look self-righteous when viewed through a windshield.

Meanwhile, Streetsblog’s Joe Linton offers some decidedly on-point criticisms, and asks for your thoughts.

And hey, welcome home, Joe.

……….

Here’s your morning linkage.

Burbank wants feedback on a proposed bike and pedestrian path; a meeting will be held tonight (Wednesday) to discuss it.

That Facebook campaign conducted by the Huntington Beach Police Department led to the arrest of a suspected bike thief. But the not the return of the bike, at least not yet.

Santa Ana talks bike safety just two days after a rider is killed there, which oddly isn’t mentioned in the story.

Streetsblog takes a look at a raft of bike and livable streets-related bills before the state legislature. But a bike tax may not be the best idea.

Santa Barbara discovers fixies, and oddly doesn’t declare them a scourge in a surprisingly even-handed report.

A San Francisco cyclist uses her stolen smartphone to track her stolen bike, and gets both back in just 45 minutes — thanks to a beat cop that took the theft seriously, which doesn’t always happen in real life.

Bicycling lists six up-and-coming women’s riders now that women are finally getting a well-deserved place on the world stage. After all, you can’t tell the players without a program.

Don’t try to buy a bike with the credit card you just found in the street.

New UK product results in near-instant protected bike lanes. And they’re recycled, too. The barriers, not the bike lanes.

A British columnist examines the irresponsibility of failing to promote and/or mandate the wearing of bike helmets, with prototypically dry humor.

Brit bike rider follows his phone directional app onto a busy, bike-banned freeway.

At least we only have to worry about drunk, distracted and/or aggressive drivers, as a Swedish cyclist is killed by wild boars.

Call Sochi the bike-borne Winter Olympics.

Finally, no. Just… no. And a pro cyclist is felled by a flying mattress in the Tour of Oman.

Yes, a mattress.

Category: Advocacy & Politics, Car vs Bike, Morning Links /

Today’s post, in which I frighten a distracted driver, and serve up some hearty breakfast links

February 25, 2014 / / 7 comments

It’s been awhile since I’ve shared any helmet cam video.

Not because LA drivers have miraculously improved. But because I simply haven’t had time to edit the videos and get them online.

And because I’m still trying to figure out if Apple’s “new and improved” iMovie hates me. Or maybe everyone. Or is just the worst software upgrade in human history.

No wonder it was free.

However, I wanted to share this one of a texting, intersection blocking driver who didn’t have a clue I was there

This bike cam thing seems to be catching on.

……….

The El Segundo Police Department has recovered 14 high-end bikes and frames and they’re looking for the owners. Click here to download a pdf with photos of the bikes; if you recognize yours, call Property Crime Detective Ryan Danowitz at 310/524-2258, case #14-0497.

Then again, someone on Craigslist really wants to meet the person who stole his.

No, really.

……….

Now let’s get on to your shortened list of morning links.

LADOT has developed new spoke cards, including the Anatomy of a Safe Bike and another listing state and local bike laws. They also have new #bikeLA stickers, which I’m sure will be appreciated by everyone who has already been using the hashtag for years.

LAX wants to know how often you ride your bike to the airport, and why you do. Or don’t.

Prepare to say “Awwww” as actor Liev Schreiber bikes with his boys to the Brentwood farmer’s market.

Would a CicLAvia by another other name smell as sweet if they held it in Pasadena?

Long Beachize explains how Long Beach city hall got its bike sculpture.

A Newport Beach reporter looks at the challenges of staying alive on a bicycle in the upscale city by the sea. In three parts, no less. Thanks to David Huntsman for the links.

The state legislature will consider a vulnerable user law this session. Although I’d think causing great bodily injury by running down a cyclist or pedestrian should be worth more than a $1000 and no jail time. Thanks to Christopher Kidd for the heads-up.

Urban Velo explains how to take advantage of the Federal Bike Commuter Benefit. I’d commute by bike but I work at home and my wife won’t let me ride in our apartment.

How Portland’s Sarah Mirk got her stolen bike back. More impressive is that the guy who recovered it said the promised $100 reward seemed a tad excessive.

A new family-friendly bike movie is now available on demand.

If you’re wanted by police and carrying meth and burglary tools, don’t ride your bike through a red light in front of a police car. And especially don’t crash your bike in front of the police station attempting to flee.

Finally, tragic news as the Fort Lauderdale bike rider who was dumped behind a dumpster by a drunken hit-and-run driver has died of an infection two months after the collision. If the SOB who left him there to die ever sees the light of day again, it will be a massive miscarriage of justice.

Thanks to Eddie Haardt for the generous donation. Very appreciated!

Category: Bike Cam Video, Stolen Bikes and Bike Crime /

The Times winds down their look at biking in the City of Angels, and the day’s best bike links

February 24, 2014 / / 5 comments

I love it when someone does my work for me.

Today it’s the LA Times that takes a look at the sometimes contentious relationship between bike riders and drivers, just a day after columnist Steve Lopez took a moving look at the ghost bike phenomenon.

And quoted yours truly in the process.

The Times follows up with twin videos offering a look at biking in LA from both a motorist’s and cyclist’s perspective.

They’re not exactly hard-hitting. But both step away from the angry give-and-take that too often defines the discussion. Even between cyclists.

And maybe they can start a more civil conversation about how to safely make room for everyone on the streets.

Meanwhile, they kick off the conclusion of their RoadshareLA series with a look at the state’s new mandate for complete streets.

Yet oddly, drawing no conclusion in the process.

………

Just a few other quick notes.

Huntington Beach police are using Facebook to identify a bike thief; thanks to Geri for the heads-up.

LAist may have misstated the purpose of this website, which does a lot more than just chronicle fallen riders. But they offer a haunting series of ghost bike photos, along with a brief documentary, from ghost bike builder and photographer Danny Gamboa.

A Santa Cruz writer says we can do more to protect cyclists. And we should.

If you see something, say something. The NYPD is urging residents to call 911 if they see a dangerous threat to peace and security in the city — like bicycle pizza delivery people riding on the sidewalk.

Got to be more to this story, as a Texas man is shot to death in a dispute over a bicycle. As much as I love my bike, once the guns come out they can have it.

Does anyone really buy this “Dear Abby” style story of a Toronto cyclist who repeatedly rams into right-hooking drivers — on purpose? In real life, I’d suspect that’s the sort of thing someone might try once, as the bruises and broken bones dissuade a second attempt. Let alone a third.

Good news for Virginia drivers as dooring remains perfectly legal. So get out there and slam a few bike riders in the name of freedom.

As if aggressive and careless drivers weren’t enough, now we have to worry about suicidal rabbits.

If you have more time to kill, take a couple minutes — or maybe a few hours — the check out the Cycling Embassy of Great Britain’s massive list o’ bike links.

I hadn’t ridden past the Santa Monica pier for awhile. So I was surprised to see a new bike corral has sprouted on the sand next to the bike path. Great idea.

Bike-Parking-Still

………

As you may have noticed, I’m trying something a little different today.

When I first started linking to news stories about bicycling, there weren’t many stories out there. Sometimes I had to struggle to fill a single paragraph.

These days, the explosion in bicycling has resulted in an equal explosion in news stories. Which is why I end up with those massive lists of links that take nearly a full day just to write, let alone read. And why you now only see them a few times a week.

So I’ve been thinking about offering a daily list of just the best links instead, sort of like you see above. Which would mean you’d get a daily fix of bike news from around the world. Just less of it, more often.

And still have time to actually have a life once you’re done reading.

So what do you think? Would you like to see something like this every day? Or would you prefer to keep doing what we’ve been doing?

Any thoughts?

……….

Finally, a brief reminder that if you like this site, you can help support my work through a much needed and deeply appreciated personal donation, advertising or sponsorship. This is a more than full-time job, and the only income I receive these days is what comes through this site.

Category: Bicycle Safety, Car vs Bike, General / Tags: , , , ,

Another LA bike rider run down and left to die in the street; fifth SoCal cycling death in last five days

February 23, 2014 / / 3 comments

Make that five.

On the day the LA Times columnist Steve Lopez examined the LA-area ghost bike movement, a heartless coward created the need for yet another in Downtown LA — the fifth bicycling fatality in Southern California in just the last five days.

According to KABC-7 and a number of other sources, the victim was struck by an unknown vehicle on Alameda Street at the offramp to the westbound 10 Freeway around 2 am this morning. Police responding to a call found him dead in the number two lane of the offramp with no vehicle in site.

The victim is described only as a man in his early 30s; no description of the vehicle or the driver who killed him is currently available.

Anyone with information was urged to contact the CHP at 213/744-2331.

The location of the victim’s body on the offramp seems odd, since a car exiting the freeway would be more likely to knock his body off the ramp, rather than onto it. That suggests the rider was either hit by a car driving on Alameda, rather than exiting the freeway, or was somehow riding on the offramp itself.

The location itself also seems problematic, since the westbound off-ramp from the 10 empties onto 14th Street well before it connects with Alameda.

The Times places the location near Alameda, rather than on it, and identifies the victim as in his 40s.

In my personal opinion, there is no lower form of scum than someone who would run away like a coward after a traffic collision instead of stopping — as the law requires — and call for the help that might have saved the victim’s life if it had come in time.

This is the 18th bicycling fatality in Southern California this year, and the 7th in LA County already this year. It’s also the 2nd in the City of Los Angeles since the first of the year, and the year’s first fatal hit-and-run involving a bike rider, compared to 10 in 2013.

My deepest sympathy and prayers for the victim and his loved ones.

Category: Bicycle Safety, Hit-and-Run, Injuries and Fatalities / Tags: , , ,

A moving look at local ghost bikes, Pico Blvd cyclist threatened with knife, and your weekend reading list

February 23, 2014 / / 4 comments
Ghost bike for Compton victim Pete; photo by Danny Gamboa

Ghost bike photo by Danny Gamboa

I’ve long been a fan of LA Times columnist Steve Lopez.

And not just because he’s been a long standing supporter of safer bicycling, on the mean streets of LA or the seemingly serene Santa Monica bike path.

Today, he offers a moving look at the local ghost bike movement. It’s a must read. And one in which he quotes me extensively, as well as ghost bike builder Anthony Novarro, who lost his own 6-year old bike-riding son, and documentary maker and ghost bike photographer Danny Gamboa.

The comments that follow, not so much.

And while we’re visiting the Times, after writing last year about braving LA traffic as a bike commuter, writer Ben Poston calls it quits after getting right hooked by a pickup; not everyone approves.

……….

A cyclist says a road raging driver threatened him with a knife for riding on the street on Pico Blvd Friday afternoon.

Hopefully he reported the incident to the police; just brandishing the weapon should be enough for an assault with a deadly weapon charge. It’s bad enough when they threaten us with their cars.

And if he has witnesses to the threat — or other evidence, like an arrest or criminal charge — it could allow him to file suit under the city’s bicyclist anti-harassment ordinance.

……….

The Amgen Tour of California begins May 11th, with three SoCal stages — Santa Clarita to Mountain High on May 16th, Santa Clarita to Pasadena City Hall on May 17th, and a final Thousand Oaks stage on May 18th that offers four ascents of the famed Rock Store Climb.

The full roster of teams is announced. And for the first time, this year’s race also includes two women’s races; hopefully, a full women’s stage race won’t be far behind. Cycling in the South Bay says you can help that happen.

……….

The case against the sheriff’s deputy who killed entertainment lawyer Milt Olin on Mulholland Highway last December goes to the DA to determine if charges will be filed.

Meanwhile, a bike rider suffered severe injuries when he was hit from behind in South LA Friday night.

And a Santa Ana man who may have been on a bicycle was the victim of what may have been a gang shooting.

……….

Great article on the non-spandexed women cyclists and riders of color who make up a large but largely unnoticed part of the LA cycling community. Better Bike says Beverly Hills is making little progress on traffic safety, and may have the most dangerous streets for any city of its size in the state. Writing for Orange 20 Bikes, Rick Risemberg looks at last weekend’s successful Bicycle Commuter Festival and Summit. LA County Supervisor candidate Sheila Kuehl calls for bike valets at Expo stops; I like it, but it will take more than that to win my vote. Streetsblog maps out the upcoming 20 miles of new sharrows recently promised by LADOT. Outside looks at LA’s upcoming NELA Bike-Friendly District. If you’re an early riser, you may still have time to ride for dim sum with Flying Pigeon. The San Gabriel Valley Tribune applauds connecting the Rio Hondo river trail to the El Monte bus station. Redondo Beach will get a new bike sculpture over the bike path.

Cyclelicious offers a look at bike-related bills before the state legislature, including a plan to tax new bike sales to fund bike path repairs and appease motorists who mistakenly claim we don’t pay our way. I don’t feel it’s my place to criticize a guest post on here, but I can always count on others to have my back. San Diego’s North Park — my old neighborhood when I lived down that way — could become a better place to ride a bike. On the other hand, a bike lane could spell the death of the Hillcrest entertainment district by removing up to 91 parking spaces; cause, you know, no one would ever ride a bike to go out or anything. A participant in the recent fatality-marred Tour of Palm Springs looks at the event and finds it lacking. The Man in Black’s daughter offers her blessings to the new Johnny Cash Trail in Folsom.  If you see someone riding your stolen bike, try not brandishing a knife to get it back. A San Francisco Good Samaritan ends up behind bars after attempting to help and injured bike rider; thanks to my friends at the new and improved Altadena Point for the heads-up.

The long forgotten protected bikeway boom of 1905. Even Las Vegas is getting bike friendlier. The next step in better bike infrastructure could be protected intersections for cyclists. A cyclist is seriously injured attempting to ride through a tunnel in Zion National Park. My hometown newspaper says it’s time we all got along on the roads; not getting along may create conflict, but it’s seldom the cause of traffic collisions. Once again a bike wins, beating two buses, a pedestrian and a driver in rush hour traffic, this time in Austin TX. Dallas bike rider brawls with police after being stopped for not wearing a helmet. A Chicago rider says the cycling community can — and must — do better when it comes to including women and treating them fairly. A remarkably big-hearted Indiana family forgives the drunk driver who killed a cyclist. New York’s new mayor pushes for a 25 mph speed limit to save lives; I wonder if LA will ever have the courage to slow drivers down to safer levels.

A British Columbia bike rider is ordered to pay over a quarter million dollars for running down a walker on an off-road trail. British driver gets two years for leaving a cyclist for dead after hitting him at 80 mph; thankfully, the rider survived, but lost an arm. A UK van driver gets a lousy six months for laughing while deliberately attempting to run down a group of cyclists; a rider tells the story from the victims’ perspective. A Brit truck driver walks after claiming he couldn’t stop or swerve to avoid killing a cyclist, so he just ran him over. Amsterdam struggles to accommodate an ever increasing number of bike riders. An Aussie anti-bike group says keep to the right because you own a bike, not a Mack truck.

Finally, adding insult to injury, a Seattle man finds his bike stolen on Valentines Day, with a pile of crap left in its place. No, literally.

And a rider on the Santa Monica bike path has seemingly solved the problem of riding with your best friend.

Dog-Bike-2

Category: Bicycle Safety, Car vs Bike, Injuries and Fatalities, Violence & Crime / Tags: , , , , ,

Update: 13-year old bike rider killed in Murrieta collision; 4th SoCal bike death in just 48 hours

February 22, 2014 / / 5 comments

The bad news just keeps coming.

For the fourth time in less than 48 hours, a Southern California bike rider has lost his life on the bumper of a motor vehicle.

According to Murrieta Patch, a 13-year old boy was riding his bike south across Los Brisas Road on Bolina Drive yesterday when he was hit by a car traveling west on Los Brisas at 4:05 pm. The victim, who has not yet been publicly identified, was taken to Rancho Springs Medical Center, where he was pronounced dead.

The woman driving the car said the rider appeared suddenly, and she was unable to stop in time to avoid him. According to police, the vehicle appear to be driving at the 35 mph speed limit; there was no stop sign for the car at the intersection, nor was there any crosswalk.

There appears to be bike lane on Los Brisas, though not on Bolina. But the question is why there wouldn’t be a stop sign or a crosswalk just one block from an elementary school.

The Press-Enterprise reports the victim was riding a fixed-gear bike with no brakes; depending on the skill of the rider, it’s possible that he may not have been able to stop in time to avoid darting out in front of the car. It’s also possible that the driver may have been distracted in some way, and didn’t see something she should have been able to stop for.

According to Patch, no one observed the actual collision.

“We had a number of witnesses,” the sergeant told Patch.  “They reported to us hearing a noise, looking that direction, and seeing the boy go down on the roadway, but nobody actually saw the accident occur.”

This is the 17th bicycling fatality in Southern California this year, and frighteningly, the fifth in Riverside County in the last two months. He was also the second vulnerable road user killed in Murrieta yesterday alone.

My deepest sympathy and prayers for the victim and his family. 

Thanks to Zak for the heads-up.

Update: Commenters on the Patch story have given the first name of the victim as Brennan, and report seeing a helmet in some of the news stories. 

Update 2: The Press-Enterprise has identified the victim as 13-year old Brennen Faith of Murrieta. And yes, he was riding brakeless, and with a helmet. 

Category: Bicycle Safety, Car vs Bike, Injuries and Fatalities / Tags: , , ,

Bike rider killed in Santa Ana collision; third SoCal cyclist killed in two days

February 21, 2014 / / 8 comments

Note: Due to tonight’s breaking news, you can find this week’s updated bike events on the Events page.

It’s happened again.

For the third time in just over 28 hours, a Southern California bike rider has been killed in a collision with a motor vehicle, this time in Santa Ana.

The Orange County Register reports 52-year old Santa Ana resident Alfonso Franco was riding on the south (eastbound) side of the 2100 block of West 17th Street around 10:45 pm Thursday when he attempted to cross over to the north side. He was struck and killed by a vehicle headed west on 17th.

Franco was pronounced dead at the scene.

The paper reports there were no controlled signal lights in the area that would have allowed the victim to cross safely.

A satellite view shows a six lane roadway with a 40 mph speed limit; at that hour, it’s likely the driver could have been traveling much faster.

This is the 16th bicycling fatality in Southern California this year, and the third in Orange County. It’s also the second in the county in the last two days, and the fourth bicycling death in Santa Ana since 2011.

My deepest sympathy and prayers for Alfonso Franco and his family. 

 

Category: Bicycle Safety, Injuries and Fatalities / Tags: , , ,

Another bike victim In San Bernardino; cyclist seriously injured in Chula Vista; and charges in October OC hit-and-run

February 21, 2014 / / 8 comments

Let’s hope bad news just comes in twos this time.

Less than 24 hours after news broke that a bike rider had lost his life at the hands of a drunk driver in Huntington Beach Wednesday night, news is coming in that another rider died earlier that evening, this time in San Bernardino.

According to the Press-Enterprise, the 43-year old cyclist, who has not been publicly identified, was riding west on the 1200 block of West Kendall Drive around 6:40 pm when she swerved across the roadway. While riding against traffic in the number 1 (left) lane of the roadway, she was apparently hit head-on by an eastbound Mustang driven by a 20-year old woman.

She was pronounced dead at the scene.

No word on why she suddenly started riding against traffic. But let this serve as a reminder to never ride salmon — let alone in the middle of the roadway — and always be aware of other traffic on the roadway before making any sudden moves.

This is the 15th bicycling fatality in Southern California this year, and the second in San Bernardino County.

My prayers and sympathy for the victim and all her loved ones.

………

More bad news comes from San Diego County, where a bike rider suffered life threatening injuries in a collision with a truck in Chula Vista.

According to San Diego’s 10News, the victim was apparently crossing the offramp to the southbound I-805 at Bonita Road when he was hit by a truck exiting the freeway around 10 pm Wednesday.

Google’s satellite view shows what appears to be a bike lane leading up to the offramp.

Police say the driver stayed at the scene and did not appear to be under the influence.

The station reports initial evidence suggests the rider was at fault. However, traffic exiting the freeway is required to yield to through traffic; unless the victim was riding against traffic or failed to observe a traffic signal, it’s hard to imagine how he could have been at fault.

If police are saying he did go through a red light, the question is whether there are any independent witnesses other than the truck driver to attest to that, and if the signalization provided enough time to get across the intersection.

Either way, it sounds like prayers or good wishes are in order once again.

………

Jeffrey Fylling forwards word that Orange County prosecutors have filed charges against the truck driver who killed 19-year old cyclist Manuel Morales Rodriguez last October.

Forty-eight year old Filemon Reynaga was to be arraigned on Friday on one count of felony hit-and-run causing death and a misdemeanor charge of vehicular manslaughter without gross negligence.

Reynaga is accused of hitting Rodriguez as he pulled his semi truck out of an Anaheim driveway, then dragging the victim and his bike under his truck for up to 150 feet before fleeing the scene without stopping. Rodriguez was then hit by a second vehicle, which remained at the scene, and died as a result of inures suffered in the two collisions.

If convicted, Reynaga faces up to five years in state prison. He’s currently free on a ridiculously low $50,000 bail.

………

Finally, while we’re on the subject, I received this email from a rider troubled by all the recent bicycling deaths in Orange County, following the death of Matthew Liechty on Edwards Street in Huntington Beach on Wednesday. (Note: I added the links.)

But take fair warning. It’s a difficult read. And the last line hits like a punch in the gut.

Edwards became an alternate commute route for me after Roger Lippmann’s slaughter… until I realized that swinging over to PCH took me right past Becki Lee James’ house, which creeps me out. And now I’m disinclined take Goldenwest (whose “vicious hills” had become “gentle rollers” pretty quick after I abandoned the flat PCH commute) because I’ll picture the crunched-up Camry in the Ralph’s parking lot.

Have I ever passed this Matt Liechty on my commute? Was he the guy with the really, really bright headlamp? Were the distant sirens I heard last night responding to this incident?

What. the. holy. serious. fuck. Can’t I have a single fucking street on my commute where somebody hasn’t been slaughtered? Is that too much to ask?

And that piece you linked to recently about ghosts… I see those ghosts everywhere, sometimes in visual incarnations. New flowers on Lippmann’s memorial, a year and a half later? I hit the brakes and looked out at the sunshine sparkling on the water and wanted to apologize to him at the top of my lungs because he got a death sentence and his killer only got six years. Every time I pass 9th Street in Sunset Beach, every time, I still see the sea breeze blowing the ashes left behind by the flares set down for the investigation of Kenneth Prevatte’s death: gray ashes, grey asphalt, gray clouds. At 43rd & Wadsworth, where nobody from Perry’s office which announced it could be bothered to show up for a joke of a so-called press conference, I nearly caused a pile-up on RWNN last summer when I recognized the intersection as we entered it and idiotically froze, because I was seeing the ghost that no one else on that ride saw.

I see these ghosts because if I forget then I’ve left a rider behind and I can’t leave a rider behind.

Category: Bicycle Safety, Bikes & the Law, Hit-and-Run, Injuries and Fatalities, Legal Cases / Tags: , , , , , ,

Update: Another drunken OC driver, another fatal hit-and-run; arraignment Friday in death of Pasadena cyclist

February 20, 2014 / / 8 comments

It’s happened again.

An Orange County man gets behind the wheel after drinking, and flees the scene after running down a bicyclist riding in a Huntington Beach bike lane.

According to KTLA-5, the victim was riding south in the bike lane near Edwards Street and Ellis Avenue just before 11 pm last night when he was hit from behind by a 2012 Toyota Camry.

The rider, identified only as a 37-year old Huntington Beach resident, was pronounced dead at the scene.

The driver fled the scene — leaving behind one of his front tires — and was found by police about a mile away, with damage consistent with a collision. And presumably, only three tires.

Police arrested 29-year-old Antonio Magdaleno Jr. of Oxnard suspicion of driving under the influence and felony hit-and-run leading to death.

Anyone with information is urged to call Huntington Beach Accident Investigator Tai Huynh at 714-536-5670 or Accident Investigator Robert Barr at 714-536-5666.

This is the 14th bicycling fatality in Southern California this year, and the second in Orange County; in both cases, the victim was hit from behind by an alleged drunk driver while riding in a bike lane.

It’s also the 6th cycling death in Huntington Beach since 2011 — half of which were hit-and-runs, and involved drivers under the influence.

My deepest sympathy and prayers for Matthew Liechty and his family.

Thanks to Ed Ryder for the heads-up.

Update: The Orange County Register has identified the victim as 37-year old Matthew Liechty of Huntington Beach. And yes, the photo with the story clearly shows the driver fled the scene on only three wheels.

Meanwhile, a source tells me HBPD Investigator Huynh averages over 100 DUI arrests each year, and had 445 in 2008.

Evidently, there are a lot of drunks on the road in Huntington Beach. We all owe a round of thanks to Investigator Huynh for taking some of the off.

Thanks to the OC Register for making this story public.

Update 2: The Witch on a Bicycle points out that the speed limit on that Edwards Street is 45 mph; given that most California drivers exceed the post limit by at least 10 mph, any collision with a cyclist or pedestrian is almost guaranteed to be lethal.

The Register has updated their story to report that Liechty was a former employee of the Orange County Probation Department, and briefly worked in a non-sworn position with the OC Sheriff’s Department before leaving last year.

………

On an all too similar note, I’ve received word that the driver who killed Pasadena cyclist Phillip O’Neill last June is — finally — being arraigned tomorrow.

O’Neill was riding with a companion near Caltech when he was hit from behind as he rode in the lane on Del Mar Blvd; he was struck with enough force to throw him across the road and into a parked car before striking the curb.

The woman he was riding with still struggles with the devastating effects of watching her friend fly through the air to his death. I’m respecting her privacy by withholding her name; however, here is her email urging bike riders to attend the arraignment.

Dear Friends and Family,

As some of you may know, the arraignment for the Pasadena motorist who struck and killed Phillip O’Neill on Del Mar Blvd. on June 15, 2013 is this coming Friday.

Phillip’s family and I would very much appreciate a show of support at the arraignment. We all feel that it’s important to send a message to the city that taking the life of a vulnerable road user is a very serious offense and should be treated as such. I have included details of the arraignment below.

Date: February 21, 2014

Time: Arrival 8:30am. Note that this case is one of six which will be heard this morning. We do not know the order in which the cases will be heard, however the prosecutor believes the case will be heard before noon.

Place: Pasadena Superior Court, 300 E. Walnut, Pasadena 91101

In the event that the case goes to trial there may be additional opportunities to show your support. I will share those if it does. To find out more about how Pasadena CBO’s and residents have come together in response to Phillip’s death, and others like it, go to the Pasadena Complete Streets Coalition website at http://www.pas-csc.org/.

In a follow-up email, she describes the man whose life was ended by a careless driver that day.

Phillip was an amazing person – young but incredibly accomplished, with a master’s degree in renewable energies, he was a master gardener at one of the best botanical gardens in the nation, amateur chef; these are just a few in an impressive list.

I know it’s a lot to ask to sacrifice your morning, especially on such short notice. But if you’re in the Pasadena area on Friday, they could really use your support.

And it couldn’t hurt to send a message to the court that we’re watching this case.

Meanwhile, it serves as a reminder that Pasadena still has a long way to go to make the roads safe for everyone.

Category: Bicycle Safety, Bikes & the Law, Hit-and-Run, Injuries and Fatalities, Legal Cases / Tags: , , , , , ,
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