Archive for Bicycle Safety

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: , , , , ,

79-year old Escondido cyclist killed in apparent solo wreck; Coroner rules Alan Deane death an accident

September 28, 2011 / / 5 comments

What started out as a very good month on SoCal streets has turned bloody for area cyclists.

After going nearly four full weeks without a fatal collision — and yes, that’s good for the heavily populated Southern California region that averages over one bike death a week — three riders have died in the last 10 days.

The latest is a 79-year old Escondido man who apparently died in a solo collision.

According to the North County Times, the rider, who has not yet been publicly identified, was found along the 400 block of East Mission Avenue in Escondido. He was taken to a local hospital where he was pronounced dead.

The Union-Tribune’s Sign On San Diego website reports that the victim was not wearing a helmet, and did not have lights on his bike. In this case, the lack of a helmet is relevant because this appears to be exactly the sort of slow speed impact that helmets were designed to protect against.

The cause of his fall is unknown;  however, police report that no other vehicles were involved.

Of course, it is entirely possible for a car to cause a crash, without leaving any sign, by cutting off a rider or passing too closely and causing the victim to lose control of his bike.

Unless a witness unexpectedly turns up, it’s unlikely we’ll ever know. But this could be exactly the sort of situation that SB 910, the 3feet2pass bill that’s currently sitting on the governor’s desk awaiting his signature, is designed to prevent.

Are you listening, Governor Brown?

This is the 54th confirmed traffic-related death in Southern California this year, and the 11th in San Diego County. That compares to an average of just under seven deaths each year in the San Diego area, and is just one below the 55 deaths recorded in the seven county SoCal region in each of the last two years currently on record.

It’s also the 5th fatal solo bike collision this year.

Update: The victim has been identified as Jerzy Nowak of Escondido; San Diego’s 10 News reports that there were witnesses who saw him fall, and confirm that no other vehicles were involved. 

……..

Meanwhile, the carnage continues in Pasadena, as another cyclist is injured in a hit-and run at the intersection of Walnut Street and Los Robles Ave; fortunately, he was not seriously injured.

And the death last week of popular cyclist and musician Alan Deane has been ruled accidental by the coroner’s office. What effect that will have on the police investigation remains to be seen.

Oddly, for someone whose death brought forth such an outpouring of grief, police have been unable to find Deane’s last known address.

Maybe you know where he was living?

……..

Of course, it’s not just Pasadena. Or Escondido, for that matter.

KABC-7 reports that a 15-year old bike rider was injured when he was struck by a hit-and-run driver on the 5500 block of North Victoria Avenue in Highland on Monday afternoon. He was taken to the hospital with a head injury; authorities are looking for the driver of a black, 1980s pickup truck.

……..

Finally, I’ve gotten word that Jeffrey Ray Adams, the driver accused of intentionally cutting off a cyclist in Santa Monica — then ranting about it in a video captured by the victim — missed a court appearance on Monday. As a result, I’m told that a felony bench warrant has been issued for failing to appear.

However, reports that the case has been upgraded to a felony charge appear to be incorrect. According to cyclist/attorney Dj Wheels, the District Attorney’s office still reports that the case has been referred to the Santa Monica City Attorney for misdemeanor filing, while the SaMo CA says the case is still under evaluation.

As he notes, however, it’s always possible that neither of their computer systems have been updated yet. We’ll check back in a few days.

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

Update: Second cyclist killed in Pasadena in less than a week; charges filed in Downtown L.A. death

September 24, 2011 / / 2 comments

Update: The victim has been identified as Alan Deane, a popular L.A. cyclist and musician; tragically, he died on his 61st birthday. There will be a memorial ride in his honor on Sunday the 25th, starting at 6 pm at Pasadena Memorial Park; a ghost bike will be installed at the site of the collision.

Update 2: the Glendale Noon Concerts wrote the following about Alan on Facebook:

The October 5th concert will be dedicated to the memory of Alan Deane, musician and devoted friend of the Glendale Noon Concerts, who passed away yesterday, September 22nd, his birthday. In his long career, Alan had been guitarist/vocalist for the Captain & Tennille, the Grass Roots, Johnny Rivers and countless television and film projects. He was also an actor and green transport activist.

Thanks to Vincent Chang for the link.

………

This has been a bad week for Pasadena bicyclists.

Just days after Jocelyn Young was killed in an alleged drunken hit-and-run after falling off her bike, news came today that another bike rider has died on the streets of Pasadena.

According to the Pasadena Star-News, the 61-year old Los Angeles resident, who has not yet been publicly identified, was riding east on the sidewalk bordering Colorado Boulevard when he entered the crosswalk at Terrace Drive at 6:13 pm Thursday.

He was hit by car driven by an unidentified 19-year old Pasadena man who was making a left onto Terrace Drive from the opposite direction on Colorado Blvd. The victim was taken to Huntington Memorial Hospital, where he died of his injuries.

Unlike the earlier case, in which Nicholas Avila allegedly fled the scene after running over Young, the driver remained at the scene. And not surprisingly, was uninjured in the collision.

The Star-News reports that the victim was not wearing a helmet; whether that could have made any difference remains to be determined.

The case is still under investigation; however, state law is unclear on whether it’s legal to ride a bike in a crosswalk.

A recent attempt to clarify the matter failed when the state legislature passed a law allowing bicyclists to ride along a crosswalk. It’s unclear, though, whether that means cyclists can ride in the crosswalk or next to it; the state Attorney General’s office has declined to clarify the matter despite repeated requests.

This is the 52nd confirmed bike-related traffic fatality in southern California this year, and the 18th in the Los Angeles area. It’s also just the 2nd cycling death in SoCal this month.

But even one is one too many.

……..

In another case, LAPD Sgt. David Krumer reports that charges have been filled in the death of a cyclist in Downtown Los Angeles last July.

This is the case in which the rider was initially reported to be collateral damage in a road rage dispute between two drivers; however, the road rage angle was quickly dropped by police investigators for lack of supporting evidence.

The driver, who has not been publicly identified, will face a charge of vehicular manslaughter. Sgt. Krumer identifies the applicable section of the penal code as section 192(c)2:

192.  Manslaughter is the unlawful killing of a human being without malice.

(c) Vehicular–

(2) Driving a vehicle in the commission of an unlawful act, not amounting to felony, but without gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence.

I’m still working on getting the name of the victim, as well as that of the driver; while the victim’s Central American family has been notified, he has not yet been publicly identified.

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

Oregon woman killed in allegedly drunken Pasadena hit-and-run

September 19, 2011 / / 2 comments

Photo of the scene from @Waltarrrrr

Update: The victim has been identified as Jocelyn Young, a resident of Portland and a graduate of the University of Oregon; famed bike builder Gary Fisher reports she was the girlfriend of his son’s best friend.

You knew it wouldn’t last.

A remarkable stretch of nearly a full month without a Southern California bicycling fatality ended early Sunday morning when an Alhambra man allegedly fled the scene after running over a cyclist in Pasadena.

The Pasadena Sun reports that a 24-year old Oregon woman, who has not been publicly identified, was riding with her boyfriend on a 200 block of Los Robles Avenue near Cordova Street when she fell off her bike.

According to the Pasadena Star-News, she was then run over by a vehicle allegedly driven by 21-year old Nicholas Avila, who fled the scene. A witness followed him to his home, where he was arrested on suspicion of felony drunk driving; at last report, Avila was being held on $100,000 bond.

The victim was transported to Huntington Memorial Hospital, where she died of her injuries.

This is the first reported bicycling fatality anywhere in Southern California since Enrique Bautista was killed in South L.A. on August 23rd in yet another hit-and-run; no word on whether a suspect has been identified.

This is the 51st confirmed traffic-related fatality in Southern California this year, and the 17th in the County of Los Angeles. Five of the L.A. County fatalities, and 11 of the overall SoCal total, have been hit-and-runs.

Update: Douglas Wade emailed this morning to let us know that Nathan “Bud” Tippee of Valencia has died of the injuries he received when a car went out of control following a Lancaster collision, and struck him and his wife while they participated in a group ride. She was less severely injured.

Unfortunately, I can’t find any confirmation of Tippee’s death online, but that’s not unusual; the press often fails to follow-up in cases like this.

That raises the total of traffic-related cycling fatalities in L.A. County to 18, and 52 in the greater Southern California area.

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

Four years ago today, a swarm of bees tried to kill me

September 12, 2011 / / 4 comments

I’ve told the story before, so I won’t waste your time getting into it again.

But it was four years ago today that I left for an easy ride along the beach on a beautiful late summer day, and woke up to a lifeguard placing an oxygen mask over my face.

And just my luck, after a lifetime of Baywatch fantasies, I got a David Hassalhoff-equivalent instead of a Pamela Anderson.

Four years later, I still have a few lingering health and fitness problems stemming from that solo collision that started with a massive swarm of bees and ended with a trip through the ER and ICU. Although anytime I make a mistake, I’ve got a built-in excuse thanks to the moderate traumatic brain injury (TBI) I received that day.

And no, I didn’t get stung. And no, I still don’t remember what happened in between.

But it wasn’t the concussion that threatened my life. It was the internal bleeding from a massive hematoma that nearly sent me into shock three times, and could have bled out or lead to a heart attack if I’d followed my instincts and tried to ride home.

But I’m here, I’m alive and I’m healthy. And on days like this, I’m reminded just how lucky I am.

And after all these years, my wife is finally starting to find the humor in the phone call she made to my cell phone that afternoon. The one that was answered by a paramedic saying “Now don’t worry, your husband is going to be fine, but right now he’s in an ambulance on the way to the emergency room…”

So let me take a moment to thank the L.A. County Lifeguards, the fire fighters and paramedics of LAFD Station 69, and the ER and ICU staff at St. John’s Hospital in Santa Monica. The care I got from each and all of them was truly exemplary, and kept a handful of moderate injuries from becoming something more.

And thanks to Trek for making — and replacing — the helmet that limited my head injury to a moderate concussion; it’s exactly this kind of relatively slow speed impacts that helmets are designed to protect against.

You can read about the Infamous Beachfront Bee Encounter here. And if you haven’t already, you can still catch up on last weekend’s long list of links and upcoming events.

Now if you’ll excuse me, it’s a beautiful day, and I have to ride.

And hopefully, I won’t run into any bees along the way.

Category: Bicycle Safety, General, Health / Tags: , , , ,

Family member reacts to Tuesday’s hearing for Stephanie Segal, accused killer of cyclist Jim Laing

September 8, 2011 / / 2 comments

The Laing family; Jim is in the center, his sister Peggy is on his right

This past Wednesday, a hearing was scheduled at the Malibu Courthouse for Stephanie Segal, the driver accused of killing popular cyclist Jim Laing in a drunken hit-and-run in Agoura Hills last October.

I had planned to attend until last minute obligations kept away. However, I just received an email from Peggy Krause, older sister of Jim Laing, who filled me in on everything I missed; she graciously agreed to let me share her thoughts with you.

Hi Ted – Hope you remember me.  I am Jim Laing’s sister, Peggy Krause.

I was waiting for the hearing for Ms. Segal to take place in order to write you and that time has come. Yesterday, September 7th, was Stephanie Segal’s final Pretrial hearing before Judge Lawrence Mira in Malibu Courthouse. Thanks for keeping tabs on the status of her case in your last few newsletters. Although there were no cyclists in jerseys present at the hearing, our family is grateful for your support.

The reason for this hearing was primarily for Victim Impact Statements. My whole family wrote Victim Impact Statements and sent them to Judge Mira and we were each provided ample time to present them verbally in court to the Judge. My mother went first. I accompanied her to the podium where we were to deliver our statements, as she was too distraught to stand on her own. Stephanie Segal was, in fact, present at the hearing, with her attorney… Only a few feet away from us. My Mom started her statement with … “I loved my son from the day he was born” and wept through her entire speech, ending with a statement to Ms. Segal to the effect that she hoped someday she could do something good in her life by helping others to avoid another tragedy such as this. It was heartbreaking and the entire courtroom was visibly moved, including Judge Mira and his clerk.

Afterward, there was at least 30-45 min. of negotiations at the Judge’s bench between the Senior D.A., Ms. Segal’s attorney, and Lulu’s private (civil) attorney…heated discussions and audible objections from Lulu herself directly to the Judge. It seemed like an eternity. Counsel were so far apart on the length of time for Ms. Segal’s incarceration and Ms. Segal’s offer was vehemently unacceptable to us. That being said, the Judge declared sentencing would be postponed until October 27, 2011 at 10:00 am. By the way, Ms. Segal has NEVER changed her plea of “Not Guilty”.

Afterward, the D.A. and an independent counsel who was there in the courtroom approached our family on the courthouse steps stating that it had been a very long time since they had seen a family so gracious and dignified towards a defendant who had taken a family member’s life. They assured us that it had a profound effect on the Judge’s decision that day versus if no family had been present or made statements in court. It was an unexpectedly good feeling of relief in that justice actually may be served in this case. It was without a doubt the best thing we could have done for Jim.

I attached my Impact Statement in lieu of a statement right after Jim’s death. This case is not only about Jim, but about ALL cyclists… That this type of behavior CANNOT be tolerated. There must be a precedence set for this type of crime. As my statement sets forth, I personally will NEVER feel the same when I ride now … Always looking over my shoulder with trepidation and an abundance of caution in my heart that frankly was never there before.

I also attached a recent picture of our family: Jim’s in the center I’m in yellow shirt on Jim’s left. Thank you again, Ted. You have been invaluable to our family and to the cause of all cyclists out there.

Peggy

……..

Here’s is the Victim Impact Statement that Peggy Krause submitted to the court (click to enlarge). I hope you find it as moving as I do.

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

Be careful riding around schools, no news is very good news, and alleged Alvarado killer will face trial

September 6, 2011 / / 2 comments

School is back in session almost everywhere now.

So be especially careful riding around schools, particularly at times when parents are dropping off or picking up children. Someone passing by on a bike is likely to be the last thing they’re looking for in the mad rush to get back to their school routine.

……..

Keep your fingers crossed.

Despite seeing countless reports of cycling collisions throughout the U.S. and around the world — just a handful of which you’ll find below — I haven’t gotten any news of serious cycling incidents in the SoCal area.

I always hold my breath on three day weekends — the 4th of July was particularly bad. And sometimes, it takes a few days for news to filter in, as the press returns to work and police reports slowly leak out.

But in this case, no news really is good news.

……..

Dj Wheels reports that motions to dismiss or reduce the charges against Patrick Roraff, the teenage driver accused of killing pro cyclist Jorge Alvarado while street racing in April of last year, have been denied.

However, he still gets to travel to Texas to play soccer with his teammates, 17 months after his alleged victim was run down.

William Gladstone was right.

Meanwhile, Long Beach Fire Captain John Hines faces a preliminary hearing today in an Orange County courtroom for critically injuring a cyclist in an allegedly drunken Seal Beach hit-and-run. Maybe he’ll meet Renato Demartino, who is scheduled for a hearing today in the same courthouse; he’s accused in the Tustin hit-and-run death of cyclist Marco Acuapan last April, four months after Demartino allegedly ran him down.

I wonder what they would talk about.

……..

New bike lanes hit the pavement on First Street in Boyle Heights. Meanwhile, Zeke’s L.A.-based brother Dave reports that work has begun on new bike lanes on Cahuenga Blvd from Franklin to near the Hollywood Bowl; eventually, they should reach all the way to Lankershim.

But don’t hold your breath.

……..

Damien Newton wants your questions for bike lawyer Howard Krepack. The next meeting of the nearly named group to re-envision North Figueroa as a Complete Street takes place at 7 pm on Friday, September 9th at Flying Pigeon Bike Shop, 3714 North Figueroa. New signs pop up urging cyclists to share the L.A. River Bike Path with pedestrians in Elysian Valley. Santa Monica’s Ocean Park Blvd should soon be a significantly greener — and bike-friendlier — street. Santa Monica Spoke invites you to RSVP for dinner, bikes and cupcakes with Elly Blue. A driver reports hitting a bike in the HOV lane on the 10 Freeway in Baldwin Park, but no word on whether it was being ridden or just laying in the lane; we’ll hope for the latter.

HuffPo offers more than your daily dose of celebs on bikes; thanks to Rex Reese for the heads-up. Cyclists and motorists owe each other respect. According to Tucson Velo, a driver accused of hitting and killing a cyclist had previous DUI arrests; nice work keeping a dangerous driver on the streets until he finally killed someone. Tour de Fat draws 12,000 cyclists in my hometown of Fort Collins CO; it will be here on October 8th. After an Idaho boy’s new bike is stolen, replacement offers pour in. A Missoula cyclist is found dead on the sidewalk in an apparent solo collision; of course, as cyclists know but police can’t seem to figure out, you don’t have to actually hit a rider to cause a cycling collision. A Minnesota triathlete dies one month after a mountain biking accident in Colorado. A Vermont cyclist died after bypassing barriers closing a road damaged by Hurricane Irene; seriously people, when the road is closed, there may be a reason for it. A New York cyclist is killed after running a red light; that’s why you don’t do that, people. Cyclists open fire near the nation’s capitol; thanks to DC for the heads-up. A 75-year old Florida cyclist is killed by an 84-year old driver in a SMIDSY;* fortunately for the driver, failure to see your victim is the universal Get Out of Jail Free Card — especially in Florida.

Toronto Streets should be a delight, not a hospital waiting room. The Cycling Embassy of Great Britain officially takes flight; now the hard work begins. Progress is slow on London’s cycling revolution. Potholes in Sheffield UK threaten that city’s bid to host a stage of the Tour de France. Great bike art from Dublin. Instead of making the roads safer, Aussie authorities idiotically consider making hi-vis vests mandatory for all cyclists; maybe that way drivers will finally see the riders they run down. Another pro team bites the dust, as the Scheck brothers’ Leopard-Trek team merges with Team RadioShack and a bunch of riders prepare to get the boot. Investigation shows pro cyclist Riccardo Ricco gave himself a botched transfusion. A Chinese banking official is held for killing a cyclist while driving drunk.

Finally, David Hembrow reads L.A.’s new bike plan, finds it critically lacking and concludes we’re being fed a line. And the Economist says America is no place for cyclists, with a few notable exceptions.

*Sorry Mate I Didn’t See You.
Category: Bicycle Safety, Bikes & the Law, Legal Cases, Streets and Infrastructure / Tags: , , , , , , ,

Jeffrey Ray Adams and the Santa Monica road rage case — call it Dr. Thompson lite

September 2, 2011 / / 16 comments

View of collision site shows how hard driver had to turn to cross center median; photo courtesy of Steve Herbert

Some of you have wondered why I haven’t written about the Santa Monica road rage assault that took place one week ago Thursday, other than a brief link earlier in the week.

It wasn’t for lack of trying.

I first became aware of this case on Saturday morning when a reader named Joy forwarded an email that had been sent to members of the Conejo Valley Cyclists.

In it, the author — who I won’t identify, since he hasn’t been publicly named by other news sources for reasons that escape me— told his side of the incident that occurred on Barnard Way on the evening of August 25th.

He described an ongoing dispute that continued as he rode down the street, as an angry driver repeatedly cut him off, gesturing and swearing. The rider responded by swerving into the paved median area, planning to pass the driver on the left when the car stopped for a stop sign. Instead, the driver, Jeffrey Ray Adams, cut sharply to the left across the rider’s path, causing a collision — apparently intentionally, in an incident all too reminiscent of the infamous Mandeville Canyon case.

Then to make matters worse, Adams continued to threaten the victim, as well as bystanders who intervened to protect him, in a video capturing the events that followed the collision.

I immediately reached out to both the victim and to Sgt. Thomas McLaughlin, the Santa Monica Police Department’s new liaison to the cycling community — sort of like LAPD Sgt. Krumer, but taller and closer to the coast.

Sgt. McLaughlin responded quickly to let me know he was off that day, but would pull the file the following day (Sunday) and get back to me.

As for the rider, I never heard back.

Which is odd, since he followed up on his first email with another directed to some 30 recipients, including members of the LACBC, Los Angeles Times and Santa Monica City Council, among others, asking them to report the story and demanding justice.

Note to cyclists: If you want someone to tell your story, trying responding to emails offering to do just that. Just a hint.

Meanwhile, Mihai Peteu of Bikeside broke the story later that night, with a link to the same information that Sgt. McLaughlin had offered to pull for me the next day. His story provided the name of the driver, as well as reporting that Adams had been booked on a charge of Assault with a Deadly Weapon and released on $30,000 bail.

Sgt. McLaughlin confirmed that Bikeside’s story contained all the relevant information he would have been able to give me from the incident report. And since Mihai had already reported everything I knew — and even turned the You Tube video the right way — I was more than willing to let them run with it.

Meanwhile, the story was soon picked up by the Santa Monica Mirror, LookOut News, Santa Monica Daily Press and L.A. Weekly. Although the first, and best, of news report came in a detailed story from the Canyon News.

Which meant that there was really no point in writing about it until I had something to add.

Which is, simply, this.

While cyclists are justified in their outrage over this dangerous and deliberate assault, this is not another Mandeville Canyon, despite the similarities.

In that case, the driver jammed his brakes directly in front of two riders, resulting in serious injuries to both, simply because they were in his way. Then the Good Doctor, who made his living treating trauma victims like the two he had just created, stuck around expecting a pat on the head from the responding officers. And was shocked to find himself cuffed in the back of a patrol car, because he’d gotten away with it before.

In this case, there was an ongoing dispute between the driver and cyclist; what started it, we have no idea. Although the rider’s initial email suggests the driver may have simply been pissed off to find himself stuck behind a cyclist on a road too narrow to allow passing, even though said rider said he was traveling at the 25 mph speed limit at the time.

But despite the outrageousness of the driver’s attack in turning directly into the path of the rider — then repeatedly claiming the rider hit his car and trying to goad witnesses into a fight — the bottom line is that the cyclist apparently suffered only minor injuries.

Or at least, what’s considered minor under the law. And under California law, that makes the crime a misdemeanor, rather than a felony. Even if his $3,000 bike was totaled.

Which is why Adams was out on just $30,000 bail within hours of his arrest.

The incident is still under investigation. And chances are, Adams will end up facing charges; his actions were clearly deliberate, there were too many witnesses and he made far too many stupid statements in front of a camera.

Unfortunately, it’s not against the law to be an idiot.

Or a jerk.

Then again, if it was, I could have faced my third strike years ago.

Whether he’ll do any time is another matter. Especially considering that Jaclyn Andrea Garcia is looking at just one year in jail — or in reality, six months or less — for nearly killing a cyclist while driving drunk, despite being underage.

And writing every council member in the City of Santa Monica won’t make a damn bit of difference.

What will make a difference, for other riders who find themselves in similar situations — and no, this is not the first time something like this has happened and it won’t be the last — is to get yourself out of it. Whatever it takes.

I’ve learned the hard way that it doesn’t pay to have an angry driver behind you. Or in this case, in front of you.

Or beside you, for that matter.

So when a driver rages, pull over and let him pass. Or take the next turn and go a different way, as I did recently in a similar situation just blocks from where this happened.

And no, it wasn’t the same guy. Which means there are at least two of them out there roaming the streets of Santa Monica.

It’s not always easy. But it’s just not worth it to confront a threatening driver armed with a multi-ton four-wheeled weapon of mass destruction.

Especially now that the newly passed L.A. cyclist anti-harassment ordinance will become law on Monday. Not that it would help in Santa Monica, of course.

Just take down the license or grab a photo if you can, note any other details, and get the hell out of the way.

And never, ever flip off the driver behind you.

Trust me on that one.

Category: Bikes & the Law, Car vs Bike, Legal Cases / Tags: , , , ,

One year in jail for underage, allegedly drunk driver who nearly killed cyclist Adam Rybicki.

September 1, 2011 / / 15 comments

Is a single year in county jail really enough for an underage drinking and driving spree that injured two cyclists — nearly taking the life of one and leaving him with life-altering injuries?

Sources tell me that a plea deal has been reached in the case of Jaclyn Andrea Garcia, the 19-year old driver accused of plowing into a group of cyclists early on the morning of Sunday, April 3rd — while still drunk from the night before.

In fact, I’m told that at the time of the 7:15 am collision, she still had a BAC of 0.15, nearly twice the legal limit.

Reportedly, she will be sentenced to one year in jail, though current jail overcrowding conditions mean she’s likely to serve less than six months.

Maybe far less.

In addition, she’ll face three years probation after her release, including a requirement that she wear the SCRAM alcohol monitor made famous by Lindsey Lohan. We can only hope it will be more effective than it was with her more famous compatriot.

She also have her driver’s license suspended for just one year. This despite at least four moving violations in the last three years, as well as allegedly totaling her car in a previous collision.

Hopefully, it won’t be the year she’ll be in jail and can’t drive anyway.

Meanwhile, I’m told that her primary victim, 49-year old Adam Rybicki of Rancho Palos Verdes, continues to progress, albeit slowly, and faces a long, hard road to recovery; it remains to be seen whether he will ever regain even a semblance of the life he lived before Garcia ran him down.

Those with whom I’ve discussed the case consider the penalties likely to be imposed on Garcia to be very light given the extreme severity of Rybicki’s injuries. However, I’m told that the D.A. handling the case had his hands tied by the penalties allowed under the law for a first time vehicular felon.

One attorney who weighed in on the plea deal said that under current state law someone has to die before a heavy prison sentence can be imposed; from what I understand, Adam Rybicki came very, very close.

In fact, he probably would have if there hadn’t been an orthopedic surgeon on ride.

But at least she’ll have a felony conviction on her record, which will follow her for the rest of her life.

Meanwhile, Garcia has written a letter asking for leniency, which has been highly criticized by some who’ve seen it; at least some observers accuse her of failing to take responsibility for her actions and seeing herself as the victim.

“I ended up being involved in an accident where two bicyclists were injured.” (Garcia)

Beyond comprehension. She is the victim here?!? Accident?!? This is a @##$$%^^&&* felony!!! Two bicyclists were injured!?! With a blood alcohol level of 0.15, she drove a vehicle directly into the path of law abiding cyclists and assaulted them with her vehicle.

“One thing that people have said about me is the fact that I was emotionless at the time of the accident. I was far from that.”

Well, yes, people did observe that appearance. She may be on the mark here. She was beyond emotionless; she was nearly unconscious! That, however, does not constitute emotion. Still no responsibility. She certainly did not offer any help at the scene of the accident; compassion, not hardly.

The case has been continued until Monday, September 12th at 8:30 am in Department 5, Room 403 of the Inglewood Superior Court.

At that time, she is expected to change her plea to guilty, and the court will hear statements from the victims — or in Rybicki’s case, his family members — and other interested parties.

And before the day is over, Jaclyn Andrea Garcia is likely to be sentenced for failing to kill Adam Rybicki, if only barely.

Whether justice will be served depends entirely on your perspective.

……..

In another case, Victims Impact Statements will be heard on Wednesday, September 7th in the case of Stephanie Segal, charged with felony gross vehicular manslaughter while intoxicated and felony hit-and-run in the death of cyclist James Laing; Segal reportedly had a BAC of .26 at the time of the collision. The hearing is now scheduled for 10 am  — I’d previously reported it would start at 8:30 am — in Department 1 of the Malibu Courthouse, 23525 Civic Center Way.

Cyclists are urged to attend wearing bike jerseys to show support for Laing and his family; however, long pants are required in the courtroom.

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