Archive for Bicycle Safety

Blaming the victim: Beverly Hills police blame sidewalk riding cyclist over dangerous driver

March 5, 2012 / / 19 comments

Last week, I received the following email from cyclist and budding brewmeister Todd Mumford.

As you may recall, Todd recently described a collision that left him with minor — though painful — injuries and a badly mangled bike. Now his neighbor has been the victim of a law-breaking driver.

And, apparently, the Beverly Hills police.

Todd notes that the story is second hand, but he has no reason to question his neighbor’s version of events.

He was headed east on Olympic Blvd. At some point he was riding in the street, but jumped on to the sidewalk (there was a car blocking his path or something like that).

He was on the sidewalk when he entered the crosswalk at Olympic/Doheny on a green light with the pedestrian walk sign. According to my neighbor, he checked the road and all was clear as he entered. However, as soon as he got into the crosswalk, he looked left just in time to see an SUV make a right turn from the middle lane at the last second, hitting my neighbor and sending him to the ground; he took the brunt of the impact with his shoulder.

The driver stopped and checked on my neighbor. My neighbor said two or three drivers that witnessed the accident also stopped, and started berating the driver that hit him for driving like a maniac. According to them, the driver of the SUV was speeding down Olympic, weaving in and out of traffic and finally made an illegal right turn from the middle lane before striking my neighbor.

The paramedics arrived as did the police. My neighbor got checked out and nothing appeared broken, but his shoulder was in a lot of pain (it has since become worse and he is going to get it checked to see whether he needs surgery). The police took the statements of the witnesses, the driver and my neighbor.   Their conclusion at the end of the police report was that my neighbor was entirely at fault because he was riding on the sidewalk. (My neighbor also said the police treated him like he did something wrong the entire time.)

Now, as I explained to him, it’s illegal to ride on the sidewalk in Beverly Hills. If he was just a little farther down Olympic he would have been in Los Angeles and it would not have been an issue. What I am wondering is if the police came to their conclusion because the law states it’s illegal to ride on the sidewalk or they think he’s at fault because the driver couldn’t see him because he was riding on the sidewalk.

All of which begs the question, what would the police have concluded had the SUV hit a pedestrian who was walking down the sidewalk had just entered the crosswalk and got hit?

If the police assigned 100% of fault to my neighbor because he broke the law by riding on the sidewalk, they are absolutely in the wrong. There is a legal concept in torts called negligence per se  (http://en.wikipedia.org/wiki/Negligence_per_se), which, although not applicable here, feels like the police may be following the same concept. “You broke a law, you got hit, your fault.”  I have not seen the police report, but if they assigned 100% of fault to my neighbor, I would assume the driver was not cited for anything.

My neighbor said he has since retained an attorney and the driver’s insurance company assigned 80% of the fault to the driver and 20% to him, which is a small victory.

(As a side note, when I was dealing with the adjustor for the insurance company of the driver that hit me, they asked if I was riding on the sidewalk when I was hit.)

This story raises a number of issues.

Not the least of which is the problem of sidewalk riding, which is legal in some California cities and banned in others. And even legal in some areas of cities that ban it in others, such as Beverly Hills, which bans sidewalk riding only in business districts — even though BHPD bike officers routinely ride on the gilded sidewalks of the city’s Golden Triangle, including Rodeo Drive.

This patchwork of laws makes it virtually impossible for cyclists to comply with the law, as they may have no way of knowing if it is legal or illegal as they pass through the many various communities of the county.

In effect, it’s no different from the speed traps that plagued the state in the ’40s and ’50s. By refusing to post regulations on the street where cyclists who don’t live in the city can see them, jurisdictions that ban sidewalk riding virtually ensure that riders who take to the sidewalk for whatever reason will break the law at some point and be subject to ticketing.

Or worse, as this case points out.

Of course, the one solution is for all cyclists to always ride in the street. But simple common sense says that will never happen, as some riders will always feel more comfortable on the sidewalk, while others will jump on and off as needed to avoid road hazards and dangerous streets.

A better answer is to establish a uniform standard from city to city so it’s actually possible for riders to know and observe the law, wherever they ride.

Then there’s the problem of police in the Biking Black Hole of Beverly Hills ignoring witness statements that the driver broke the law by making a right turn from the wrong lane. And deciding that the relatively minor violation of riding on the sidewalk completely outweighs a reckless driver in a dangerous vehicle putting others at risk by committing a major moving violation.

Despite the driver’s potential to cause harm, they insisted on blaming the victim. Instead of holding people operating vehicles that are capable of killing their fellow road users accountable for operating them in a safe and legal manner, they heaped all the blame on the bike rider, who posed a danger no one but himself.

All of which begs the question, what the f*** is wrong with Beverly Hills??????

Maybe you can ask them yourself.

The Beverly Hills City Council is meeting tomorrow afternoon, Tuesday, March 6th, at 1:30 pm. Bikes are on the agenda — a discussion of the city’s first planned bikeways, making them only 40 years or so behind the rest of the world.

But maybe we can use the opportunity to ask why they seem intent on remaining the most bike-unfriendly city on the Westside.

Category: Bikes & the Law, Car vs Bike, Guest Columns, Law Enforcement / Tags: , , , , , , ,

Fighting back against hit-and-run in L.A., and a tree points the finger at the car that killed it

March 1, 2012 / / 6 comments

Not all victims of hit-and-run are human.

Hit-and-run is a serious problem in L.A.

And from what I’ve seen, pretty much everywhere else, too.

According to LAPD statistics, a driver flees the scene in a staggering one out of every three reported collisions in this megalopolis we call home.

Last year alone, the city saw 18,819 hit-and-run collisions. That includes 36 cases where someone — another motorist, a cyclist* or pedestrian — was left to die in the street. Along with another 134 people severely injured and 852 with less serious injuries.

I have my own thoughts on how to address it at a state level. Like automatically revoking the license of anyone who leaves the scene of a collision. And impounding the vehicle as evidence pending a trial — then seizing and selling it upon conviction, with any proceeds going to the victim.

After all, you don’t let a bank robber keep the gun he used.

State law already allows a car to be seized by the state if it’s used to solicit prostitution. And isn’t leaving a victim bleeding in the street a little serious than trolling for a blowjob?

Meanwhile, writing for KCET, L.A. bike advocate Don Ward — better known as Roadblock — has his own thoughts on how to address it on a local level.

  1. Elevate the status of hit-and-run against cyclists and pedestrians to that of assault, regardless of the severity of the injury.
  2. License numbers must be run immediately, and a patrol car deployed to the owner’s home to gather evidence.
  3. Saying “I didn’t see them” should be an admission of guilt, not an excuse — especially when it involves a pedestrian in a painted crosswalk.
  4. Speed limits must be enforced by all means possible.

He’s planning to take it up with the L.A. Police Commission at their next meeting at 9 am Tuesday at police headquarters, 1st and Main Street, across from Downtown City Hall. Ward is asking cyclists to meet him at the Starbucks one block east of police headquarters at 1st and Los Angeles Street before the meeting to discuss strategy.

You may think you have more important things to do that day.

But chances are, you don’t.

Especially if you don’t want to find yourself lying in the street one day, watching the car that hit you speed off into the distance.

*LAPD stats show four cyclists killed in hit-and-run collisions in 2011, while my records show three out of the city’s five cycling fatalities were hit-and-run.

……..

The key to solving any hit-and-run is identifying the driver.

But sometimes, it’s a little easier than others. Especially when the victim grabs the license plate of the vehicle that killed it.

Photos courtesy of the LACBC's and CicLAvia's Bobby Gadda

Category: Advocacy & Politics, Bicycle Safety, Bikes & the Law, Law Enforcement / Tags: , , , , ,

79-year old cyclist killed Wednesday in Huntington Beach

March 1, 2012 / / 6 comments

A 79-year old bicyclist has died after being hit by a car in Huntington Beach.

According to the Orange County Register, Westminster resident Ernest Klein was riding east on Bolsa Avenue, in an industrial area west of Able Lane, just after 11:15 am Wednesday when he was hit by a 2009 BMW. He was taken to UCI Medical Center where he was pronounced dead.

The paper reports that the driver remained at the scene, and that the investigation continues. Unfortunately, there’s no information suggesting how the collision occurred or who might have been at fault.

But it breaks my heart to think that someone still active enough to be riding at that age has to lose his life in something as needless as a traffic collision.

This is the ninth cycling fatality in Southern California this year, and the fourth in Orange County. That compares with 13 SoCal fatalities in the first two months of 2011, and four in Orange County this time last year.

My heart and prayers go out to Klein’s family and loved ones. 

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

Extra caution required as construction projects raise risk on PCH and Temescal Canyon

February 24, 2012 / / 2 comments

A couple of quick notes from Wednesday’s PCH Taskforce meeting that could affect your rides along the coast.

First up is a stormwater treatment program on Temescal Canyon Road that will block the right turn lane off PCH, as well as intermittently blocking the uphill bike lane on Temescal itself.

The project is designed to capture the first ¾ inch of rainwater, which contains the most pollutants, allowing it to be diverted for treatment once the storm is over.

However, it could pose a risk to riders on PCH, who will be forced to share the right through lane with right-turning drivers, as well as drivers going straight. The bigger problem, though, is the blockages of the bike lane planned for the uphill side of Temescal.

Construction under the center divider will force temporary closures of one uphill lane as well as the bike lane, requiring riders to share a single lane with motorists on a road where many drivers race through far above the speed limit. And where the steep uphill means riders travel at far lower speeds than they would otherwise, creating a potentially deadly combination.

However, the solution could be as simple as the wide sidewalk on the right, if the city just invests in a few dollars worth of asphalt to build curb ramps that would allowing riders to safely bypass the construction.

Downhill traffic won’t be affected.

The second, and potentially more dangerous, problem lies a little further south on PCH at Potrero Canyon.

A project to stabilize the canyon will mean as many as 200 heavy trucks loaded with soil will soon be traveling northbound PCH every day, adding more — and more dangerous — traffic to one of the area’s most popular riding routes. Then after dumping their loads, they will turn around at the temporary traffic signal that you may have noticed being installed in that area this week, and return back down PCH towards Santa Monica.

This, in an area where the lack of an adequate shoulder means riders have to take the lane in front of frequently speeding drivers — as well as traffic that can grind to a stop due to heavy congestion.

That section is scheduled to be widened, and a shoulder added, by 2017.

But in the meantime, you should ride with extra caution and keep a wide eye open for truck drivers unfamiliar with the road, and who may not be looking for you.

On the other hand, major work on the sewer project that has affected southbound cyclists on PCH around West Channel Road for the last year, and forced a bypass to the beachfront bike path, should be finished by May; the full job is expected to be done by fall.

……..

In a surprising move, the nation’s three leading bike advocacy organizations have decided to merge their efforts.  The League of American Bicyclists, industry trade group Bikes Belong and the Alliance for Biking and Walking announced that they will join together to form a new unified organization.

What exactly that means remains to be determined.

They could unite at the top, while keeping the existing structure of the three organizations intact. Or they could merge into a single organization — though how they make that work when one is membership driven, one composed of local bike organizations from across the nation, and one made up of the nation’s largest bicycle and components manufacturers is beyond me.

The response has been overwhelmingly positive so far. But as Richard Masoner points out on Cyclelicious, a number of questions remain.

Done right, this could give us the political clout we need to avoid future disasters like the current House Transportation bill, which effectively eliminates all bike and pedestrian funding.

Or it could end up weakening — or eliminating — three organizations that have served us well over the years, and leaving us with something less responsive to the needs of average riders.

This proposed merger bears the possibility of greatness. But it’s something we’ll all want to keep a close eye on.

……..

Speaking in Los Angeles, bike racing boss Pat McQuaid finally acknowledges that women riders deserve better. Commute by Bike offers another perspective on L.A.’s green bike lane, while Flying Pigeon shows there’s a little overlap in that new agreement allowing film production trucks to park next to them. A Cypress Park middle school falls in love with bikes; while an L.A. riders says it’s okay for roadies to be friendly, too. New bike lanes land on Aviation Blvd near LAX. While L.A. works on pilot projects, Santa Monica thrives by catering to bikes. UCLA gets a new bike repair stand. Malibu moves forward with a PCH safety study. Solving bike clutter in Redondo Beach. A Redondo Beach bike sting nets career criminals. Diversifying transportation in Glendale is a necessity, not a luxury. Montrose Search and Rescue come to the aid of two stranded mountain bikers near Crescenta Valley. Welcome to the newly formed Pomona Valley Bike Coalition, the latest local chapter of the LACBC. Bikes and beer always go together, so how about velos e vino?

Following the death of a teenage cyclist, San Diego’s press belatedly discover the existence of fixies. San Diego cyclists have to deal with trash cans in the bike lanes, too. Riding on the sidewalk isn’t enough to keep a Stockton cyclist safe from out of control trucks. Texas Governor Rick Perry — the only other governor fool enough to veto a three-foot passing law besides our own Jerry Brown — will have surgery for an old bicycling injury in San Diego. Evidently, sidewalks in Atascadero have right and wrong directions, unlike sidewalks everywhere else — and seriously, even a local cop should know that riding on the sidewalk in either direction isn’t illegal under state law.

Sometimes an endorsement of cycling isn’t as glowing as it seems. Wisconsin cyclists rally for a vulnerable user law. Despite fatally dooring a cyclist, a New York driver faces just 30 days or $500 for driving with a suspended license; no, really, the NYPD takes fatal bike collisions seriously, honest. Gotham defense attorney’s love it when drivers leave the scene of a collision. A Carolina bike shop owner says cars and bikes really can get along. A Georgia bill would ban riding side by side. Why Miami is a deathtrap for cyclists; it’s not just Miami — Florida continues to be the most dangerous place in the nation for cyclists and pedestrians. It’s not the UCI that’s stifling bike frame innovation.

A Canadian cyclist is killed in a collision after running a red light, yet the Mounties insist on blaming his death on the lack of a helmet; I’d say risk factors were a) running a red light, b) getting hit by a truck, and c) not wearing a helmet, in that order. In a remarkable display, the UK’s Parliament gathered Thursday to debate bike safety — something our Congress desperately needs to do, yet which I doubt we will ever see. Two thousand cyclists ride for bike safety in London. In a rare display of Fleet Street comity, London’s Guardian endorses the Times’ Cycle Safe campaign. The risk of death is 10 times higher for cyclists in the UK’s rural areas. A British cyclist dies even though the car that hit him was only doing 10 mph. Safer cycling makes cities safer for everyone. A Scot cyclist punches a driver in the nose after getting knocked off his bike; guess which one got punished? For such a seemingly freak accident, there seem to be a lot of new stories about children killed or injured by falling on their handlebars; is this a bigger problem than we realize? Copenhagen police target cyclists for fun and profit. An Aussie cyclist explains why they’re so angry. According to Reuters, Indonesian cyclists risk their lives every day to ride to work.

Finally, another typically insightful and entertainingly artistic look at cycling from Boston’s Bikeyface. And a cyclist leaves a note for a driver ticketed for parking in the bike lane.

Category: Advocacy & Politics, Bicycle Safety, Streets and Infrastructure / Tags: , , , ,

Indiana cyclist wins in court, loses on the streets; a lavish load of midweek links

February 21, 2012 / / 2 comments

Simply heartbreaking.

Yesterday I mentioned that an Indiana cyclist had his ticket for passing a school bus reversed after a judge ruled the law doesn’t apply to bikes; today, we learned that the rider was killed over the weekend.

Sixty-two year old Steven Carey was hit from behind and killed while riding on Sunday morning; he was described as a gentle soul who rode 5,000 to 6,000 miles a year.

Thanks to Opus the Poet for the heads-up.

……..

Flying Pigeon documents a cargo bike move from Highland Park to Echo Park. The L.A. chapter of Young Professionals in Transportation is kicking off their inaugural meeting on Tuesday the 28th with a talk by LACBC’s Alexis Lantz. The March edition of Los Angeles Magazine features the best rides in the city, although the story doesn’t seem to be online. L.A. City Council discovers they don’t have authority to ban cell phone use by drivers, handheld or otherwise; I could have told them that. Bike-friendly Santa Monica Assemblywoman Julia Brownley throws her hat in the ring for a congressional seat. Baldwin Park youths advocate for safer streets. The Claremont Cyclist offers another of his typically great ride reviews, this time off-road to Frankish Peak. Streetsblog is raising funds on Kickstarter to document the protest ride against Governor Jerry Brown’s veto of the three-foot passing law; meanwhile, NBC-4 interviews Streetsblog’s Damien Newton about transit use.

Laguna Beach punts on their commitment to Complete Streets, forming yet another committee to study it — and maybe buy lunch for City Council. A Laguna Beach firm offers the nation’s first insurance program for bike riders. Early registration opens for San Diego’s 5th Annual Bike the Bay; the Bike the Boulevard sounds like fun, too. San Diego bank robber makes his getaway by mountain bike. I can’t really tell if the Daily Californian likes Berkeley’s new cyclist anti-harassment ordinance or not. San Francisco bike advocates dispute claims they ride recklessly. South Lake Tahoe residents fight plans to maximize speed limits through town. The Sacramento Bee hates the House anti-bike transportation bill; Car Talk hates it too.

Bicycling updates their blogroll; sadly, I didn’t make the cut. A Honolulu petition gathers over 1000 signatures for bike lanes on a popular street. An Oregon cyclist has his conviction on a drug charge upheld following a stop for not having a headlight. Is Boulder CO the nation’s epicenter of cycling? Maybe my hometown doesn’t need a bike coordinator after all; no seriously, I’ll take the job anyway. Meanwhile, my hometown university anticipates a good year for their college cycling team. Once again, Commute by Bike challenges Oscar attendees to arrive by bike; I wouldn’t hold my breath. New York’s City Council takes the NYPD to task for failing to take bike fatalities seriously. That New Jersey man charged with attempted murder for running down a cyclist evidently targeted his victim, using his car instead of a gun; oddly, he didn’t get away with it. A Florida man says three feet, please; so does a Miami rider after getting run down and seriously injured. A Gainesville city commissioner says he’s really not anti-bike. Fuji recalls their women’s Saratoga cruiser bikes because the downtube can snap in half; Shimano recalls their Pro Atherton stem.

Oxford cyclists say a redesigned junction will almost certainly lead to fatalities. French designer Philippe Stark teams with Peugeot to create a hybrid bike/scooter; can we say enough with all the concept bikes from car makers, already? Are helmets really necessary if Aussie cyclists have to ride an hour a day for over 3,500 years before they could expect to be killed on a bike? A New Zealand woman buys her way out of responsibility for a cyclist’s death for $37,000, while a Kiwi cyclist is run off the road just one week after taking up cycling to work; the Smithsonian asks if New Zealand is too dangerous to ride. Not all Japanese bike thefts are intentional. In an usual case, a cyclist is banned from operating any kind of vehicle for five years after causing the death of a motorcyclist.

Finally, a Texas man gets what he deserves after he honks and tries to force a couple of cyclists off the road, only to discover they’re bike cops. And a Philadelphia hit-and-run driver turns herself in — again — after she was turned away by police the first time.

Category: General, Injuries and Fatalities / Tags: , , , , ,

A jerk driver nearly takes off a cyclist’s arm, and shows the need to change the law

February 20, 2012 / / 6 comments

The other night, I watched from behind as a cyclist did everything right. And still was nearly run down by an impatient driver.

I’d already watched as the driver of a Porsche run a red light at Ohio and Veteran, making his right turn without stopping — or barely slowing down for that matter — to end up heading north on Veteran directly in front of me.

He also ended up directly behind another cyclist on the narrow, parking-choked two-lane street.

The rider had already taken the lane, since there was no room for a car and a bike to safely share a lane. Then he put out his left hand to indicate a turn into a driveway — only to find the Porsche already whipping past on his left, on the wrong side of the road, nearly taking his arm off in the process.

Not surprisingly, that hand quickly moved up from its leftward extension into a single-fingered wave in the rapidly disappearing car’s rearview mirror. And couldn’t blame him in the slightest; in fact, it seemed like a rather restrained gesture under the circumstances.

As usual, there was nothing that could be done about it. The driver was long gone before there was any possibility of getting a license number.

And even if either of us had managed to, there would have been absolutely nothing the police could have done. State law bans them from writing tickets or making an arrest for a misdemeanor — which this would have been, given the lack of injury — unless they actually witness the infraction.

Even though they likely would have had at least two witnesses willing to testify.

Like the 85th percentile speed law, which forces cities to raise speed limits to the level dictated by speeding drivers, it’s a bad law. One originally intended to protect motorists from police abuse, but which actually serves to keep dangerous drivers on the street.

And jeopardize everyone else around them.

Then again, jerks like that sometimes get what they deserve; thanks to Rex Reese for the link.

……..

I had to miss Will Campbell’s Watts Happening Ride last weekend.

I’ve found the key to a happy marriage is spending my weekends home with my wife and dog, even when there are other things I’d like to be doing. Like riding my bike while I learned about one of L.A.’s most fascinating and sadly neglected neighborhoods.

Fortunately, Will offers a timelapse recap for those of us who couldn’t be there.

……..

It shouldn’t surprise anyone that L.A. has lessons to learn from cities near and far. Work has started on the new Sunset Triangle Plaza at the former intersection of Sunset and Griffith Park Blvds. Riverside police shoot a bike riding fugitive. Frank Peters offers a very nice look at his son getting a driver’s license and demonstrating his skills by safely passing a cyclist; definitely worth reading. Family and friends remember the 17-year old cyclist killed last week after riding through a red light. A San Diego professor argues that federal transportation policy can affect public health. A San Diego mayoral candidate wants to make it the nation’s most innovative city — and yes, he supports cycling, even if he is a Republican, Traffic fatalities in Ventura County nearly doubled last year, while cycling fatalities went from zero in 2010 to four in 2011. Lake Tahoe may soon be ringed with bike paths. The author of Boston’s Lovely Bicycle will be riding through Death Valley this March.

Lots of presidents have ridden bikes, dating all the way back to Lincoln, sort of. An interview with bike lawyer and former competitive cyclist Bob Mionske. The rate of Seattle bike crashes hold steady even as ridership rises. The makers of Fat Tire beer team with a local bike trailer maker to help a Boulder food rescue feed the hungry. The rich get richer, as Colorado is building a 63-mile off-road bikeway from Glenwood Canyon to Vail Pass. A Wyoming man is facing three to seven years after pleading No Contest to killing a cyclist while under the influence. Does building a bike culture in Chicago mean things have to get worse before they get better? A Minneapolis bike and pedestrian bridge is out of commission after a cable breaks. Evidently, life is cheap in Wisconsin as a college hockey player gets just 90 days for killing a cyclist by pushing him off his bike, resulting in his death. An Indiana judge reverses a ticket after discovering that bikes aren’t legally considered vehicles in the Hoosier state. A New Jersey driver is under arrest on a charge of attempted murder after hitting a cyclist; no reasons given for the charges yet. Pennsylvania drivers now have to give cyclists a four-foot passing margin — one foot more than the law CA Governor Jerry Brown vetoed. Philadelphia police actually justify putting cyclists at risk by double parking in bike lanes. A look at newly bike-friendly New Orleans; it certainly wasn’t friendly spot to ride when I lived in Louisiana. A Georgia man sues over a dangerous bike path after his mother is killed in a head-on collision with two other riders.

A new northern terminus for the Underground Railroad Bicycle Route tracing the path taken to freedom by escaped slaves during the dark days of American history, now ends in Ontario. Nine cyclists set out from the UK on an unsupported race around the world. Britain’s Prime Minister will hear “radical” ideas for making the country’s streets safer for cyclists; the question is, will he listen? Meanwhile, more than half of all UK residents think the county’s urban areas are too dangerous for cyclists. It certainly was for a former aide-de-camp to the Queen, who was run down by a driver blinded by the sun. A UK driver gets just 18 months for deliberately running into a cyclist and fleeing the scene, leaving the rider in a coma for over six months with two broken legs, a broken arm, cracked ribs, a temporary loss of sight in one eye, and permanent brain damage; call me crazy, but the punishment doesn’t seem to fit the crime. A driver escapes jail for killing a cyclist by barely brushing him; a reminder that any contact by a careless driver can be dangerous. A look at Liverpool’s Ten Minutes of Hell underground time trial. The Belfast Telegraph says it time we learned to love the bike; some of us are already ahead of the curve. The first no-emission vehicle from Porsche has just two wheels. An Indian cyclist is probably paralyzed after a Lamborghini driver loses control at high speed, killing himself and seriously injuring the rider. Chances are your bike wasn’t actually made by the company whose name is on it.

Finally, bike haters have always suspected the bicycle was a tool of the devil; maybe they were right. Or maybe early cyclists only seemed possessed because they suffered from bicycle face. But maybe this is how we really look.

Category: Advocacy & Politics, Bicycle Safety, Car vs Bike / Tags: , , ,

Are we failing our young bike riders?

February 17, 2012 / / 18 comments

I recently received a link to an online story in which a driver threatened to kill cyclists.

Or more precisely, he was afraid that he might.

The link came from David Huntsman, a lawyer and fellow bike advocate from Newport Beach, who was naturally outraged at the writer’s auto-centric windshield perspective.

My name is Nick Scholz, and I’m going to kill you.

Now, I don’t want to get off on the wrong foot with you guys. Heaven knows there are few groups more organized or zealous than outdoor bicyclists. Believe me when I tell you that I don’t wish to kill you. I’m not going to narrow my eyes and rev my engine menacingly at you. I don’t count the cyclists I crash into with notches on a special stencil on the side of my car.

Rest assured: if I kill you, it will be by accident.

His argument is that cyclists need to choose.

We can ride on the streets and be treated like other road users. Or we can ride on the sidewalks and be treated like pedestrians.

To the casual observer, it would appear that most of you are positively suicidal. It looks like you have chosen my car to be the Chariot of Fire that whisks you away to the Hereafter. Sadly, that moniker will probably become truer than you could know as your carbon-fiber bicycle gets stuck in my engine chassis at 50 miles per hour.

But, even sadder is the fact that this is not a suicide. Nor a murder. This is merely a tragedy that can  be avoided if only the cyclists will decide whether they are pedestrians or riding a vehicle.

Problem is, he has a point.

Our roads, and the laws that govern them, operate on the principle of predictability of movement. In other words, road users need to know whether other road users are going stop or proceed through the intersection, turn or go straight, and who has the right of way.

That’s why we have stop signs and red lights, are expected to signal, and yield to other road users when they have the right of way and we don’t.

It’s not perfect system.

It doesn’t take into account that cyclists are neither motorists or pedestrians. Or that it doesn’t always make sense for us to stop at stop signs when there is no conflicting traffic or pedestrians.

But it’s the system we have right now. And drivers need to know what we’re going to do in order to avoid a collision, which they don’t want any more than we do.

Even if they don’t always obey the law themselves.

And the consequences can be devastating.

Just this week, two SoCal cyclists were killed after reportedly riding through red lights.

In one case, the rider may have been trying to beat the light, and could have fallen victim to a short yellow on a wide intersection, which didn’t give him a fighting chance to get all the way across the cross street before cross traffic started.

In the other, a young rider on a fixie, apparently with no brakes, rode into a busy intersection without stopping and was hit by two cars in rapid succession.

Let’s be honest.

It’s one thing to roll through a stop sign, just like virtually every driver does. Slow down, look in every direction, and if — and only if — the way is clear, you can usually proceed without posing any unnecessary risk to yourself or anyone else.

Bearing in mind, of course, that you’re still breaking the law.

But red lights are another matter.

I’ve been roundly criticized in the past for criticizing riders for running red lights. But the fact is, there is no rational excuse for failing to stop when required at a signalized intersection.

It’s the law. It makes all of us look bad when one us of doesn’t, as far too many drivers lump everyone on two wheels together and seem to lack sufficient discernment to make the mental calculation that just because one cyclist — or a hundred cyclists — break the law, that doesn’t mean we all do.

Let alone that most of them routinely break the law themselves, even as they swear at us for doing it.

And don’t give me the excuse that it’s safer than waiting at the intersection. I’ve been stopping for red lights for over three decades, and I’m still here.

It’s just a matter of knowing how to do it.

And as this week’s deaths make painfully clear, failing to stop is dangerous as hell.

Not to mention that if you do get hit after going through a stop sign or red light, you lose all liability protection — regardless of what the driver who hit you may or may not have been doing.

Go through a stop, you’re at fault.

Case dismissed.

It may not be fair. The driver could have been drunk or distracted, speeding or breaking the law in some other way. But none of that will matter to a jury.

As far as they’re concerned, you broke the law, it’s your fault. Period.

Some would even go so far as to consider a cyclist who ran a red in traffic suicidal.

And it certainly seems that way at first blush. Even riders who routinely go through reds usually know enough to stop, or at least slow down, when cars are coming.

But what if they don’t?

What if an inexperienced rider gets in over his or her head, trying to make it across a busy intersection he should have stopped at. Or finding himself riding too fast to stop, on a bike with no brakes, when the light changes with too little warning.

Even experienced riders make mistakes. It’s easy to get in over your head, make the wrong decisions in rapidly changing traffic conditions or overestimate your own skills.

It’s even easier for in experienced riders.

It took me years, if not decades, to master the Tao of riding on busy roads. And even then, I still make mistakes; fortunately, I’ve had the skills to get myself out of it.

So far, at least.

Beginning riders don’t.

Unlike when I grew up, there’s no training in bike laws and riding skills in our schools. There’s no official training programs for beginning cyclists, or any other established method of reaching out to young riders to say do this, not that.

Like don’t push the limits and get yourself into a situation you can’t get out of. And maybe it’s not smart to ride with no brakes, even if that is the trendy thing to do these days.

Instead, they learn by emulating their friends, who may have been riding longer, but have no more knowledge of even the most basic traffic laws than they do.

We assume that everyone is familiar with traffic laws because they’ve taken their test and gotten a driver’s license.

But many young riders — and even some older ones — don’t have a license, whether by choice or some other reason. And so they may have no working knowledge of the laws that govern our streets.

I’ve spoken with some who didn’t have a clue that their right to the road is governed by the same laws that restrict motor vehicles.

They actually don’t know that bikes are required to stop for stop signs and red lights, just like cars. That they have to signal their turns, even though many other cyclists and most drivers don’t. Or even that they’re required to use lights at night or to ride with traffic, instead of making their way up the wrong side like salmon on their way to spawn.

And we all know what happens to salmon once they spawn, right?

Because no one ever told them.

They haven’t been taught the laws that govern cycling because no one bothered to do it. And in that, we, as a society and a cycling community, have failed them.

Many motorists think the solution is to license and register cyclists, just like drivers are. I won’t waste your time explaining why that’s not the answer; others have made the same points before, anyway.

Maybe there should be some sort of state or school-sponsored bicycle certification training. Maybe riders should get a discount on car insurance or bike parts if they complete one or more of the League of American Bicyclist’s training classes.

Maybe it’s up to our local cycling groups to step into the breach and offer rider education; the LACBC recently voted to reestablish its Education Committee in an attempt to address this problem.

Or maybe its up to you and me to offer advice, even unsolicited, when we see a rider doing something dangerous. Even though experience says the response will be made with just one finger, or its vocal equivalent.

I don’t have the answer. I just know that we need to find it.

Because right now, too many beginning riders are forced to figure it out for themselves.

And failing.

Category: Bicycle Safety, Bikes & the Law / Tags: , , , , , ,

San Diego cyclist killed; second Southern California fatality in just two days

February 16, 2012 / / 7 comments

Another day, another Southern California cycling fatality.

For the second time in just two days, a SoCal cyclist has been killed in a motor vehicle collision, as a 20-year old bike rider died after being hit by two cars on Wednesday.

According to the San Diego Union-Tribune, the cyclist, who has not been publicly identified, was riding north on 61st Street at Imperial Avenue in the Encanto area around 3:05 pm when he hit by an eastbound car and knocked off his bike. He was then run over by a second eastbound vehicle and trapped underneath the car, where he died.

Police report that he ran the red light, and that both drivers remained at the scene and cooperated in the investigation. Comments on the UT story suggest he was riding a fixed-gear bike; no brakes are visible in the photo.

This is the seventh traffic-related cycling fatality in Southern California this year, and the first in San Diego County.

It’s also the second bicycling death in two days in which the rider is accused of going through a red light.

If you don’t learn anything else from reading this, remember this: Yes, you should always stop for every red light. But if you insist on running reds, never, ever go through a light when there are vehicles coming on the cross street.

You might as well be playing Russian roulette.

My deepest sympathy to the victim’s family and friends.

Update: Comments to the UT story indicate the victim was Francisco Porras; one comment identifies him as 17-years old instead of 20. Unfortunately, his Facebook page is private, but it does show him with the same bike shown in the news photos.

According to a comment that appears to have been left by his mother, he was a “lovable, courageous and responsible young man” who took care of his family and planned to enter the Marines after high school.

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

Breaking News — Cyclist killed in Irvine collision

February 14, 2012 / / 17 comments

This is exactly what I was afraid of.

Maybe it was the distraction of Valentines Day. But there was an unusually high number of bicycling collisions reported over the weekend, continuing through this morning. And sooner or later, it’s almost inevitable that one  or more of those collisions will turn out to be life-threatening.

That’s exactly what happened today, as a 28-year old cyclist died as a result of a Tuesday morning collision in Irvine.

According to the Orange County Register, Christian Rhineer of Irvine was hit by a Volvo Sedan at the intersection of Von Karman Avenue and Michelson Drive just before 8 am. He was taken to Western Medical Center with severe injuries, where he died at 6:30 pm.

The 26-year old driver remained at the scene. It was unclear who had the right of way; no one was arrested or cited at the scene.

And yes, the Register notes that the victim was not believed to be wearing a helmet; whether it would have done any good under the circumstances is not clear. Hopefully, we’ll get more details later.

This is the sixth traffic-related cycling fatality so far this year, and the second in Orange County; a third Orange County cyclist died of natural causes after a fall while mountain biking.

My sympathy and prayers for Rhineer and his family and loved ones.

Update: An anonymous source confirms that Rhineer was wearing a helmet at the time of the collision. And thanks to Vinh Nguyen for the heads-up on the Register story.

Update: Comments to the original article in the OC Register from a man who claims to be a witness indicate that Rhineer ran the red light. In addition, he was reportedly wearing headphones, which is against the law in California; a single headphone in one ear is allowed, but not in both while riding.

People who knew Rhineer describe him as a great guy and former Mormon missionary who recently moved to Irvine from Salt Lake City along with his wife.

Bear in mind, though, that witness reports can be wrong, and comments on internet news stories aren’t always true. When I was injured in a road rage collision, a supposed witness lied to the police to make it look like I was at fault — even though the way he described the events was physically impossible.

There’s no reason to suspect that the witness in this case isn’t telling the truth, but take all unconfirmed reports with a grain of salt.

Thanks to ValleyBall1 for the tip.

……..

On a related note, the driver who ran down a 13-year old girl in Santa Ana earlier this month, leaving her bleeding in the street as he fled the scene, has finally turned himself into the police.

According to KABC-7, the family of Arif Abdul Sattar convinced him to turn himself in after seeing news reports, along with his admission that he may have been in a collision.

Don’t expect me to get all teary eyed because he did the right thing. The right thing would have been to stop at the scene and try to help the little girl he nearly killed, rather than run away like a coward before surrendering to the police over a week later  — after retaining an attorney, of course.

Fortunately, his victim, Teresa Pham, is recovering and has been released from the hospital. Let’s hope she continues to improve.

And that the man who put her there gets the justice he so richly deserves.

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

Zen and the art of road rage

February 9, 2012 / / 4 comments

For the second time in the last 10 days, I found myself dealing with a road raging driver Thursday.

I was making a left from Main Street in Venice, after enjoying the relative luxury of the newly installed bike lanes, onto the sharrowed pavement of Abbot Kinney.

For once, I found myself all alone in the turn lane. But after the light turned green, a car came up behind me as I waited for the oncoming traffic to clear so I could make my left.

As I waited, I allowed my bike to drift slowly forward to avoid clipping out of my pedals and putting my foot down. And once the last car passed, I made my turn.

Unfortunately, my forward drift had put me at the far side of the intersection, so my turn ended up on the far side of the roadway, just this side of the right curb. And giving the jerk behind me just enough space to make his turn at the same time, blowing past about a foot from my elbow.

Startled by such a dangerous, jackass move, I yelled out “Hey!”

I was just as startled by his instantaneous anger. “Fuck you!” he yelled. “Get off the road.”

And there it was.

A clear violation of the new anti-harassment ordinance — a threatening action with his car, followed by the verbal implied threat telling me to get off the road. And a dangerous jerk who needed to be taught that we have every bit as much right to the road as angry, auto-centric idiots like him.

All I needed was a license number and witnesses, which wouldn’t have been hard to find on such a busy intersection.

By the time I’d collected myself and regained full control of my bike, he was already 100 yards down the road. But what he didn’t count on was that a very pissed-off cyclist can easily outrun a car on a crowded city street.

So I stood on my pedals, kicked up my cadence and knocked it up a couple gears, and soon found myself steadily gaining on him; within a few blocks I was less than 20 feet off his back bumper as he watched me approach in his rear view mirror.

But just as I was readying my camera to snap a photo of his license plate, he gunned his engine and quickly cut onto the wrong side of the road to bypass the traffic ahead of him, before zipping left down the next side street and rounding left at the next corner.

And like that, he was gone.

I may have shouted a reference to his apparent lack of cajones as, like Monty Python’s Sir Robin, he bravely ran away.

At least I could take comfort in scaring the crap out of a cowardly jerk who’d rather run away after threatening someone than face up to what he’d done.

It was clear that any further attempt to chase him down would be a wasted effort in the tangled warren of narrow streets behind Abbot Kinney. So I rode on, mad as hell, replaying the events in an endless loop in my mind.

And letting that jerk ruin my ride on a perfectly sunny SoCal day.

And that’s when I heard it.

That little voice inside my head, asking “Why are you still carrying him?”

It was a barely remembered story, from a time in my life when I was a steady student of eastern philosophy; these days, I’m less of a student as it has become, simply, a part of me.

When I slow down long enough to remember, that is.

As the story goes, two monks were traveling together when they came to a roaring river, and found a young woman who asked if they could carry her across. Without hesitation, one of the monks lifted her up and carried her across the stream, setting her down on the other side before continuing on their way.

As they walked, though, his partner was troubled, and asked why the other man had carried the woman when their training forbade physical contact with the opposite sex.

“Brother,” the other man replied, “I set her down back at the river. Why are you still carrying her?”

Why indeed.

If I could have done something to fight back against his threatening actions, I wouldn’t hesitate to do it. But by then, there was nothing I could do.

He’d threatened me. And gotten away with it.

And there’s just not enough room on my bike to carry another man and the car he rode in on.

So in that moment, I chose to leave it behind and get on with my ride. And my life.

If I see him again, I may make another attempt to bring him to justice. But it was a beautiful day, and I had another 30 miles to go.

And life is too short to carry that anger with me.

Category: Bicycle Safety, Bikes & the Law, Car vs Bike, Roadway Courtesy / Tags: , , , ,
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