Archive for Injuries and Fatalities

Update — 28-year old Costa Mesa cyclist dies in solo Laguna Beach collision

October 16, 2011 / / Comments Off on Update — 28-year old Costa Mesa cyclist dies in solo Laguna Beach collision

Very few details are available yet.

However, the Orange County Register reports that 28-year old Mark Leones of Costa Mesa apparently lost control on a steep downhill and crashed in a solo bicycle collision.

The wreck occurred on Park Avenue in Laguna Beach shortly after 11 am; Leones reportedly died on route to the hospital. He was wearing a helmet at the time of the collision.

Leones is the 59th cyclist confirmed to have died as a result of a bicycling collision in Southern California this year, compared to 55 in each of the last two years on record. He is also the eighth fatality in Orange County since the first of the year, and the 6th to die in a solo collision throughout SoCal this year.

My deepest sympathy to his family and loved ones.

More information when it becomes available.

Update: Still very little information on this wreck. Laguna Beach Patch reports that Leones fell on the 1900 block of Park Avenue. Commenters on Slowtwitch.com described the location as a steep downhill with a nearly 20% grade where riders can easily reach very high speeds; combined with the sweeping curves in that section of roadway, that can present a very dangerous combination that demands a high level of skill from a rider. 

If anyone has more information, please let me know.

Update: The Orange County Register offers a nice profile of Leones, explaining who he was, as well as how he died.

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

Breaking news: Cyclist killed early this morning after leaving her job at Disneyland

October 13, 2011 / / 4 comments

This is not the way we wanted to start our day.

The Daily Breeze was the first to report that an employee of Disneyland was hit by an SUV and killed on her way home from work this morning.

The rider, who has not been publicly identified, was crossing over the Santa Ana Freeway (I-5) on eastbound Ball Road just outside the park when she was hit from behind by an Ford SUV around 12:30 am. The vehicle hit her at an estimated speed of 40 mph, throwing the rider 60 feet before landing on the pavement. She was taken to UCI Medical Center in nearby Orange, where she was pronounced dead.

It’s been a long time since I’ve been in that area, but as I recall, 40 mph is within or near the speed limit in that area. However, it is widely reported that someone hit at that speed has only a 20% chance of survival, making most major surface streets in Southern California death traps for anyone not wrapped in a ton or more of steel and glass.

(The Minnesota DOT cites a 15% survivability rate at 40 mph [pp15] , while the Times of London cites a 10% survival rate in an article dated May 16, 2008, but won’t allow me to link to it.)

At 40 mph — let alone being thrown 20 yards — whether or not she was wearing a helmet is largely irrelevant, as the rate of speed far surpasses the design capabilities of any bicycle helmet. And helmets can’t protect against injuries to any other part of the body, which are highly likely at that speed.

What is far more relevant is whether she was using lights and reflectors to ride at night. Judging by photos of the scene, she should have been easily visible on the overpass; even without lights, most freeway overpasses are well lighted at night.

The driver did stop at the scene, and passed a field sobriety test. While it sometimes seems like most collisions are hit-and-runs, the driver actually remains at the seen 68% of the time, according to statistics from Bikeside LA.

This is also the 2nd hit-from-behind fatality since Gov. Brown vetoed the three-foot passing law.

How much blood will he have on his hands before he admits the massive mistake he made in taking the advice of two state agencies that care far more about moving cars than protecting cyclists?

This is the 58th confirmed traffic-related bicycling fatality in the greater Southern California area, and the 7th in Orange County, which is a significant improvement over the county’s average of over 1 fatality per month.

Anyone with information is asked to call the Anaheim Police at (714) 765-1900.

My heart and prayers go out to all her family and friends.

……..

I have a long list of links for your reading pleasure, but it always seems inappropriate to attach them to a tragic story like this. I’ll try to get them online later today.

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

The charges fit the crime — OC authorities re-file in alleged DUI speed racing collateral damage case

October 12, 2011 / / 2 comments

Most times, we’re just happy when charges are filed against a driver for killing or injuring a cyclist.

Any charges.

No matter slight, because it beats the all too frequent alternative in which dangerous motorists drive off to do it again, without even a bruise on their wrists.

Which makes it very surprising when the DA not only files charges, but actually re-files to bring enhanced charges — and stiffer penalties — against a driver in a criminal case.

But that’s exactly what happened in the case of Michael Roach, accused of contributing to the crash that critically injured Huntington Beach cyclist Richard Lauwers last January.

Lauwers was riding home on a beachfront bike path when he became collateral damage in a street racing collision between 57-year old Glenn Michael Moore and 36-year old Michael Roach.

In other words, two men old enough to know better.

Thankfully, Lauwers survived, if barely.

In fact, he’s reported to have recovered from his injuries, and resumed riding his bike around his hometown.

An anonymous source reports on the enhanced charges against Roach. And notes that it wasn’t his first offense.

Michael Dennis (“Speed Racer”) Roach was previously charged with a single violation of 23109 (engaging in a speed contest) in the January incident that put cyclist Richard Lauwers in critical care for six days.

That charge has been dropped. The case has been refiled with different charges. The new charges are 23109.1 (DUI with injury) along with an enhancement of inflicting great bodily harm, and 23109.1 (engaging in a speed contest, with injuries to another). Roach has pled not guilty to both and posted $50,000 bond.

It gets more curious.

Ten years ago, he was arrested and charged with four separate misdemeanors in that case:

  • 23152(a)…….DUI
  • 23152(b)…….DUI with a BAC of .08% or greater
  • 20002(a)…….Hit & run with property damage
  • 14601.1(a)….Driving on a suspended license

He pled not guilty to 23152(a), and that charge was dismissed. For the others, he was sentenced to a total of 50 days in jail and three years of informal probation, and his license was restricted for 90 days. He then violated his probation (I dunno for what), and earned another fun 30 days in jail. His probation was reinstated, and during this time, he was also cited for speeding and failure to show proof of registration, in separate instances, although neither seems to have affected his probation. His history of recklessness probably has something to do with the new, improved charges.

Meanwhile, fellow speed demon Moore — the driver whose car actually collided with Lauwers — faces a misdemeanor count of engaging in a speed contest, as well as felony counts of DUI causing great bodily injury and DUI with a blood alcohol content over .08%.

In other words, both were blasted at 8 am on a Sunday morning.

And nearly killed another human being because they were too drunk — or too stupid — to keep their damn feet off the accelerator pedal.

……..

The same source reports that Joseph Fernandez is finally behind bars for the death of Encino cyclist Jim Swarzman.

Also, Joseph Fernandez, who slaughtered Jim Swarzman as his fiancé watched, is currently behind bars at the Richard J. Donovan Correctional Facility in San Diego County. I tried to confirm the length of his sentence yesterday (Columbus Day?), but the courthouse was closed. Still, it’s comforting to know he’ll be off the streets for a while.

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

L.A.’s Ultimate Bike Weekend marred when cyclist hit in Tour de Fat adjacent wreck on Saturday

October 10, 2011 / / 9 comments

You’ll have to excuse me.

I’d planned on a post offering my thoughts on yesterday’s third CicLAvia — not the third year, as many press outlets have mistakenly reported — as well as Saturday’s Tour de Fat.

But here’s the Cliff Notes version: Major mondo fun for all.

As usual, CicLAvia offered a wonderful opportunity to experience the city car-free, and the added spur onto Central Avenue was inspired; I’d love to see it go further into L.A. biking’s undiscovered country. And the many admonitions to slow down seemed to result in a safer and more enjoyable event.

Hap Dougherty offers his usual great photos, as does Streetsblog’s Damien Newton; while the Times offers a good write-up. And KABC-7 tells the story well, as well. (Update: forgot to mention that the next CicLAvia will take place April 15, 2012, with another scheduled for next October; earlier I somehow mistakenly wrote April 4 even though I knew better, thanks to westculvermonicaside for the catch.)

Having learned from the past, I didn’t even bother taking my camera this year. So many people take so much better photos of the event that my meagre camera jockey efforts are wasted in comparison.

And even my non-biking wife and dog had a great time at Tour de Fat, though the latter seems to enjoy any event in which Santa Monica Spoke’s Cynthia Rose rubs her belly.

Then again, my wife might enjoy it too, given the opportunity.

Unfortunately, the even was marred for many when a cyclist was hit by a car in front of Nick’s Cafe on Alameda Street just outside Tour de Fat.

Harv Woien initially gave me the heads-up later that night. Somehow I missed it, apparently passing through that same spot just moments before the collision. Twitterers @Revolbike and @GraphikDeziner added what they knew about it.

Meanwhile, @fts_acer sent a detailed, first-person account of wrenching effects of witnessing the wreck.

Gotta start off by saying I didn’t witness the accident per se, but I was standing literally on the corner of the intersection where it happened, on the patio at Nick’s Cafe across the street from LA Historic Park, facing the other way and heard an obvious (very loud) collision behind me, and immediately turned around to see a cyclist tumbling off the front right fender of a Ford Expedition, his bike literally coming to pieces under the SUV’s tires.

The loud noises were a combination of the SUV’s body work (front right lower bumper and passenger side door) getting dented in, the SUV’s right side view mirror getting broken, and the bike being crushed under the car, completely demolished.  Most visually stunning was the Aerospoke broken to bits and the disembodied tire/tube flailing about as the cyclist came to rest next to the car.

Notably, there were no screeching tires involved.  For the record, I used to work for BMW as a test driver and I am very familiar with the sound of tires whining under the stress of anti-lock brakes as well, and that sound was also absent, implying the driver was either not at all on the brakes leading up to the collision, or wasn’t on them very hard.

The driver stopped, thank heaven, staying in the car, perhaps in shock, a young woman with a few passengers in there.  The rider was conscious and moving as we ran over, he was rolling onto his back and took off his messenger bag.  No blood, outwardly didn’t look like any broken bones or anything, but he was definitely mentally out of it, tried to stand up and fell back down.  Noticed he wasn’t wearing a helmet.

Luckily there were two police officers already stationed at the same intersection to watch over the event, so they were running up the same time we were.  A couple friends and I tried to lend a hand, but the police shooed us away so we stood and watched from a few feet back.  Medics were called.

The guy started talking to the police, who cleared the scene of onlookers and diverted traffic, using their squad cars to block off part of the road.  The driver got out of the car and said the rider “scared the shit” out of her.  The rider said she “scared the shit” out of him, too.  In other words, one or both of them were obviously not paying attention.

Frankly, it scared the shit out of dozens of cyclists who rode by, visibly mortified just by the aftermath of what happened.  I think most cyclists get that feeling when they see or hear that a cyclist and a car got into it.

No witnesses stepped forward, there were just about ten of us that heard the crash and ran to see if we could help.

My friend who was there with me says he knows that stretch of Spring is well-known for speeding, that drivers are typically very careless through that area.  I suppose that’s hearsay, but who knows how fast that SUV was going before the collision.  IMHO, under the conditions, with so many bikes and pedestrians obviously attending an event at the park, nothing about 25mph would have been safe.  But that’s just my opinion, I suppose.

Anyway, this all amounts to little more than an excessively detailed anecdote but hopefully it helps.  I hope the rider will be okay.

The police at the scene were not interested in talking to us, only in securing the scene, but I wouldn’t mind trying to give them a statement for what it’s worth, would you happen to have any idea how I would go about that?  What division it might be, etc?

I directed Acer to the LAPD’s Central Traffic Division, as well as the department’s bike liaison Sgt. David Krumer.

I agree with his suggestion that speed limits should be temporarily lowered on streets next to major events like that. And I second his hopes that the rider is okay; if anyone has word on his condition, send us the (hopefully) good news.

……..

Now if you’ll excuse me, I have a major bike hangover this morning, with symptoms ranging from rubber legs to an overwhelming desire for sleep. And I’ve got an important work assignment due by morning that I should be working on right now.

Then again, all work assignments are important, right?

Before I go, though, a couple of great links.

First up, Russ and Laura, the Long Beach biking expats behind the must-read The Path Less Pedaled — who I had the pleasure of meeting over the weekend — are offering one last SoCal presentation Tuesday night in El Segundo before they once again hit the road. I can’t make it, but I’d strongly recommend attending if you can.

I’ve got an LACBC Planning Committee meetings to chair that same night; 7 pm Tuesday at Downtown’s Pitfire Pizza at 2nd and Main. We’ll be talking about what programs, plans and legislations you’d like to see implemented as we move forward, whether on a local, county or state level. So we’d love to have you join us if you can tear yourself away from Russ and Laura.

And finally, the BBC offers a great look at the non-existent war between cyclists and drivers — including this wonderful quote:

“When we make improvements for bicyclists, often the biggest beneficiary are people who drive motor vehicles.” — Mark LearBureau of transportation traffic safety program manager, Portland, Oregon

Definitely worth the click; thanks to L.A. Streetsblog for the link.

Category: Bicycle Safety, Bike Events, Guest Columns, Injuries and Fatalities / Tags: , , , , ,

27-year old Pomona cyclist killed in Chino Hills, one day after Gov. Brown vetoes 3-foot passing law

October 8, 2011 / / 16 comments

On a weekend devoted to celebrating cycling — and just one day after Governor Jerry Brown vetoed California’s three-foot passing law — a cyclist was killed in a hit-from-behind collision in Chino Hills.

According to the Orange County Register, 27-year old Omar Gomez of Pomona was riding east on Carbon Canyon Road near Fairway Drive around 9:46 am when he was hit by a car driven by Augustin Bruno of Anaheim.

Bruno was driving an 1995 Acura Integra, which the Press-Enterprise suggests may not belong to him. What is clear, however, is that Bruno did not have a valid license to drive. The Register reports he will face charges for driving without a license; any other potential charges remain to be determined.

The impact of the collision threw Gomez to the side of the road; he was taken to Chino Valley Medical Center where he was pronounced dead.

The driver reportedly looked away from the road momentarily before hitting Gomez; according to the San Bernardino County Sheriff’s Department, drugs or alcohol did not appear to be factors in the collision.

It isn’t clear from the news reports whether Bruno ever saw Gomez, or if he lost track of him while distracted.

What is clear is that hit-from-behind collisions are the leading cause of death for California cyclists. And our governor just vetoed a law designed to help prevent them.

Whether it would have made a difference in this case we may never know. But thanks to Governor Brown, it won’t make a difference for anyone else, either.

This is the 57th confirmed traffic-related cycling fatality in Southern California this year, and the 5th in San Bernardino County. That compares to six cycling deaths in San Bernardino County in 2008, and 4 in 2009, the last two years on record.

My deepest sympathy to Gomez’ family and loved ones.

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

Autry Museum to honor fallen cyclists with Day of the Dead display; remembering a fallen friend

October 7, 2011 / / One comment

Click to enlarge

This one is close to my heart.

Andy Rodriguez of the LACBC recently forwarded an email to me from Brian Yoder of Lore Productions looking for information about fallen cyclists for a Day of the Dead art installation at the Autry Museum in Griffith Park.

We are reaching out to the bicyclist community on behalf of Lore Productions and the Gene Autry National Center – Museum of the American Southwest, located in Los Angeles, California. We are currently preparing for the 2nd annual Day of the Dead cultural festival entitled “Vivan Los Muertos” on October 29, 2011.

Award winning parade float designer and multimedia artist, Marcus Pollitz from Fiesta Parade Floats will be presenting an installation in the form of an altar. His exhibit will be called “A Tribute to Fallen Bicyclists” and is a remembrance of those who have been lost while riding.

We are focusing on raising bicyclist awareness through this cultural event to better educate and inform people about this enduring and growing community.

To make this exhibit even more meaningful, we are asking bicyclist organizations, foundations, family members and friends of fallen riders to share a picture of their loved one that has passed and to include a word on the life that they lived, so that it can be apart of this powerful memorial.  In return, we will have a professional photographer capture this memorial on camera and we would like to send you a picture of the exhibit after the event.

Better yet, please make plans to come out to the Gene Autry National Center on October 29, 2011, and experience the tribute in person as it will be a very beautiful memorial with a touching message.

Below are some picture/info links with regards to last year’s event at the Autry Museum & a story on Marcus Pollitz.

Please contact me via e-mail for more information.  Please send your digital photo and message to brian@loreproductions.org

Thank you.

From my perspective, anything that calls attention to epidemic of cycling fatalities on our streets is worth supporting. Especially something that keeps alive the memory of those who have fallen, and remembers them as human beings rather than just victims of our auto-centric society.

So I traded a few emails with Brian, who responded with a more in-depth description of the project.

This project is very important to Marcus Pollitz (the lead artist in charge of this tribute) as he enjoys riding himself.  In fact, all of us working on this event at the Autry are passionate about this particular installation as these are very sad and unfortunate events that seemed to get overlooked in society.   I think the most important part of the tribute is the pictures and bios of the riders themselves so if you can help by reaching out to the families, friends and bicyclist community through your blog, that would really be incredible.

Click to enlarge

Here is the artist rendition of the exhibit from Marcus.

The fallen bicyclist display consists of a skeleton figure riding a “Ghost” bike through a neighborhood row of round bushes, bike topiaries, colorful flowers, doors and windows. 50 brightly colorful helmets transformed into skulls will make up the back wall. The number 50 helmets represent fallen riders of each state of the union.  In the front, they’ll will be NHTSA info about bicycle deaths and prevention, and framed pictures of lost cyclists.

Every death is tragic. And every cyclist lost on our streets cuts family and friends to the bone, and leaves a whole in their lives and our communities that can never be filled.

I can’t think of a better way to honor those who have lost their lives for no reason other than they chose to ride a bike, at the wrong place and the wrong time, or possibly in the wrong way.

I strongly encourage you to go see the exhibit when it opens.

But more importantly right now, if you’ve lost a loved on riding a bike — here in Southern California or anywhere else, recently or in the past, I urge you to share your story with the artist. I’ll be forwarding a few of the stories we’ve shared here.

Because these aren’t just victims, or even cyclists. They’re mothers and fathers, grandparents, children, brothers and sisters, husbands, wives, lovers, family, friends and co-workers.

And they all deserve to be remembered.

……..

One personal note.

Thirteen years ago, Matthew Shepard was beaten and tied to a fence outside Laramie, Wyoming, and left for dead.

He was found by a passing cyclist the next day, October 7th, who initially mistook his limp, nearly lifeless body for a scarecrow.

His death hit close to home for me. Both because Laramie is less than an hour from where I grew up, and because Shepard used to frequent my home town, feeling it was more accepting of gays than the more conservative town where he attended college.

But more importantly, perhaps, because 17 years earlier, I lost a good friend in a gay bashing, beaten to death in a Cleveland motel because he invited the wrong person back to his room.

Just as no one should ever die because they ride a bike, no one should ever die because of who they are or who they love.

It doesn’t matter if you’re gay or straight.

Everyone deserves the right to live in peace and equality. And be truly accepted and loved for who you are.

Whoever that may be.

……..

I’ll be back later tonight with photos from last year’s Tour de Fat, and notes about this weekend’s CicLAvia.

Right now, I’m going to go ride my bike. And let the wind blow away my tears.

Category: Bicycle Safety, General, Injuries and Fatalities, Violence & Crime / Tags: , , , , ,

74-year old cyclist killed in Moreno Valley; fifth SoCal cycling fatality in two weeks

October 3, 2011 / / One comment

Please, not again.

For the second time in less than a week, a cyclist in his 70s has been killed on the streets of Southern California. And the fifth area cyclist to die in the last two weeks, after going over three weeks without a single fatality — four in traffic incidents and one by shooting.

According in the Southwest Riverside News Network, as well as a other sources which published identical stories, 74-year old Vernon Slade of Moreno Valley was killed early Sunday morning when he was hit by a truck on the 13100 block of Heacock Street.

Detail are sparse.

The collision was reported at 3:27 am, and Slade was pronounced dead at Riverside county Medical Center at 3:56 am. The driver who hit him was traveling north on Heacock Street in a Dodge Ram truck; no information on where Slade was positioned on the roadway or if he was using lights, or anything else that might help make sense of his death.

The story reports that the driver of the truck was cooperative. And not surprisingly, was not injured in the collision.

Slade represents the 56th traffic-related cycling fatality in Southern California since the start of the year — one more than the annual total for the last two years on record. He is also the 10th cyclist killed in Riverside County, and the second in Moreno Valley; that number matches the annual average for the county.

And it’s only October.

Another seven cyclists have died in shootings since the first of the year, one in San Diego and six in L.A. County.

My deepest sympathy for Slade’s family and loved ones.

And thanks to Rex Reese and an anonymous source for the links.

……..

A few other quick notes.

The bike rider killed in the shooting in Long Beach on Saturday night has been identified as 29-year old Reynard Lionell Fulton of Palmdale.

Sam Ollinger of Bike San Diego offers more information about the dooring death of Justin Newman.

KPCC remembers extended station family member, and fallen cyclist, Alan Deane. Meanwhile, the recent deaths have Pasadena officials concerned; I should certainly hope so. Although a Whittier writer says it’s still safe to ride in the L.A. area, despite recent events.

……..

Come back later for a little good news, for a change, as my dog sled racing big brother offers his perspective on taking up cycling many decades after he set his bike aside at 16.

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

Another fatal shooting of a bike rider in Long Beach; should we care?

October 2, 2011 / / 9 comments

Does it really matter?

According to the Long Beach Press-Telegram, an unidentified man was shot and killed in Long Beach around 7:30 Saturday night; or rather, the authorities have not publicly released the victim’s ID yet.

Police found the victim on the 1300 block of Atlantic Avenue after responding to reports of shots fired; he was taken to a nearby hospital where he died of his wounds. Witnesses report he’d been riding his bike when he was shot, though police could not confirm that. However, a bike is clearly visible lying in the street in the news photos.

No description was available for the suspect(s), who remain at large. Police do not yet know if the shooting was gang related.

Chances are, though, it was.

Not because of any stereotypes about the location, though Long Beach has long had a gang problem, just like many or most cities in Southern California. But because most street shootings involve gang ties in some way.

Of the six — now seven — fatal shootings of cyclists in SoCal this year, at least four were suspected of being gang-related. One in Silver Lake last April involved an alleged gang member as the shooter, though the victim — and the reason for the shooting — had nothing to do with gangs. And last I heard, another April shooting, this time in San Diego, did not appear to be gang-related.

So what do these deaths have to do with the greater cycling community?

In most, if not all of these cases, the victims were not targeted because they were on a bike; the bike was merely the form of transportation they were using at the time.

That’s the argument several people have used in encouraging me not to give the same coverage to cases like this that I do to other cycling deaths. And why I no longer include shootings in my stats on cycling fatalities, instead separating them into their own category apart from traffic-related deaths.

Still others have questioned whether shooting victims should be honored with a ghost bike. Or if they should be, if not ignored by cyclists, at least not afforded the same concern and respect we show other fallen riders.

And should his death matter any less to us if it does turn out to be gang-related than if he was the victim of a road rage attack, killed precisely because he was on a bike and in the way?

My personal opinion is that all deaths matter, and that as cyclists, we should all be concerned when any one of us falls, for whatever reason.

For at least a moment, at the time of his death, this man was riding a bike. He was, however briefly or for whatever reason, one of us.

And he is now dead, like too many others. Whether they were victims of guns, or cars. Or their own riding errors.

He was one of us, and now he is gone.

So what do you think?

Should we care?

Or simply turn our heads and look the other way?

Update: the victim of the shooting has been identified as 29-year old Reynard Lionell Fulton of Palmdale.

Category: Dr. Christopher Thompson, Injuries and Fatalities / Tags: , ,

Update: San Diego cyclist dies two days after dooring

September 30, 2011 / / 16 comments

This is not the way we wanted to end the week.

Early Friday morning, a San Diego cyclist died of injuries he received after getting doored Wednesday evening.

The incident occurred around 7 pm Wednesday when 30-year old Justin Newman of San Diego was riding west on University Avenue near Kansas Street.

According to the Union-Tribune’s Sign On San Diego website, as he passed a 2008 Dodge sedan parked on the side of the street, the driver opened the door into his path. He hit it and fell into the street, suffering a major closed head injury.

He was pronounced dead at 1:30 am at Scripps Mercy Hospital in San Diego.

For a change, none of the stories I’ve seen indicate whether Newman was wearing helmet, even though this is exactly the sort of relatively slow-speed impact that helmets are designed to protect against.

And despite common perceptions that often blame the cyclist for running into a door, it is almost always the motorist’s fault when a cyclist is doored.

Under section 22517 of the California Vehicle Code, drivers are responsible for ensuring that the street next to them is clear before opening a door. And it’s been that way for nearly 50 years.

22517.  No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic, nor shall any person leave a door open upon the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

The driver should face criminal charges for Newman’s death under that statute, since there is virtually no way to door a rider without violating it. So it will be interesting to see if San Diego authorities, who aren’t always perceived as being supportive of cyclists, do the right thing.

Or if they say it was just another accident. And let yet another killer careless driver off the hook.

Newman was the 2nd San Diego area cyclist fatally injured in two days this week, and the 12th confirmed traffic-related bike fatality in San Diego County this year. He was also the 55th cycling fatality in Southern California since the start of the year, matching the annual total for the last two years on record.

Update: Chuck Lowery forwarded an earlier story from the Sign On San Diego site indicating that Newman wasn’t wearing a helmet when he was doored.

And that brings up a common misconception.

Bike helmets are designed to offer full head protection at impact speeds of up to 12.5 mph, and partial protection up to 20 mph. It’s highly unlikely that Newman’s head hit the pavement at a speed higher than that in a simple dooring; had he been wearing one, there’s a good possibility that he might have survived.

Where helmets offer little or no protection are the kind of high speed collisions most people wear them for. If you’re hit by a car or truck traveling at speed, a helmet may offer some protection, but it’s not a magic talisman that will miraculously protect you from injury.

Personally, I use something else for that.

And a helmet will do absolutely nothing to protect against injury to other parts of the body.

So by all means, wear your helmet; I never ride without mine. But know their limitations. Because the best way to survive a dooring, or any other collision, is to avoid having one.

My deepest sympathy to the family and friends of Justin Newman.

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

Breaking news: Shawn Fields guilty in death of cyclist Danny Marin; details on Jaclyn Garcia plea deal

September 30, 2011 / / 4 comments

Cyclist and attorney Dj Wheels reports that Shawn Fields unexpectedly changed his plea to guilty last week, and has been sentenced in the death of 17-year old Kennedy High School student Danny Marin.

The collision occurred on Laurel Canyon Blvd in Pacoima about 2 am on October 2nd of last year — exactly one year ago this weekend. Fields was allegedly drunk when he hit Marin, then drove home after initially stopping at the scene; police found him inside his home, sleeping on the couch.

In what was apparently a last ditch effort, Fields’ attorney attempted to have the evidence suppressed last month — including the results of Fields’ blood alcohol test — arguing that the arresting officers did not have a warrant when they entered his home, after he failed to respond when they knocked. The judge rejected that motion, ruling that the police had probable cause to arrest Fields and that there were exigent circumstances that negated the need for a warrant.

The prosecutor handling the case told Wheels that Fields pled guilty to vehicular manslaughter while intoxicated, and admitted to the special allegation that he fled the scene of Marin’s death.

He received a sentence of 7 years in state prison; with good behavior and the current prison overcrowding crisis, he can be expected to serve roughly half of that. Or less.

It won’t bring Danny back.

But at least Danny got the justice his death demanded.

……..

In other legal news, Wheels also offers the full details on the plea bargain accepted by Jaclyn Andrea Garcia for the allegedly drunken collision that nearly took the life of cyclist Adam Rybicki last April.

Rybicky was participating in a weekly, informal group ride known as the Doctor’s Ride shortly after 7 am on Sunday, April 3rd, when Garcia’s car headed straight towards the group on the wrong side of the road.

In the mad scramble to get out of her way, Rybicki was hit head-on, and another rider was injured when he was hit by the fender of Garcia’s car. Rybicki survived, in part, because an orthopedic surgeon happened to be on the ride that day.

Reports from observers at the scene suggest that Garcia and her companions seemed emotionless and unconcerned about the carnage they had caused; maybe because it was far from her first infraction. While Garcia denied it, many people who were on the ride that day have severely criticized the apparent lack of responsibility in the letter she wrote to the court.

Rybicki remains intubated in a rehabilitation facility; while he’s lost the sight in one eye, he is able to communicate using a white board. He reportedly continues to improve, but faces a very long road back to be anything close to the man he was before.

As reported here before, the plea deal will result in just one year in county jail for Garcia. However, Wheels reports that there are more conditions to her sentencing.

She was initially sentenced to three years in state prison, the maximum term allowed for violating CVC 23153(a), which prohibits driving under the influence of alcohol or drugs causing injury.

However, the sentence was suspended and she was placed on five years probation.  As noted, she will be required to spend 365 days in county jail; the judge specifically barred serving her time on house arrest. Other conditions include court fines and acknowledging that she’s agreed to a first strike under the three strikes law.

She’s also required to abstain from drug or alcohol use, enroll in a 3-month DUI class, wear a Lindsey Lohan-style SCRAM device for one year to detect alcohol use, submit to random drug testing, and install an ignition interlock device on her car.

How about just revoking her drivers license?

Permanently, preferably.

In addition, she will have to participate in the HAM/morgue program, seek and maintain employment approved by a probation officer, and agree to submit to searches by probation or other officers without probable cause.

A restitution hearing is scheduled for November 17th, and she’s scheduled to surrender for incarceration on October 6th.

While I think most of us would have preferred more jail time, it is a tough sentence in other respects. And if she violates the terms or commits another offense, she has that suspended prison sentence hanging over her head.

Personally, I wouldn’t bet on her making it through probation without screwing up.

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