Archive for Bicycle Safety

Bike rider killed in Vista train collision; popular randonneur killed Saturday in Santa Maria

August 12, 2014 / / 8 comments

Sometimes, all it takes is a single tragic error in judgement.

That was the case last night, as a bike rider lost his life apparently trying to beat a train in North San Diego County.

According to multiple sources, a 48-year old man, who has not been publicly identified, was hit by a Sprinter light-rail train in an unincorporated area of Vista. The collision occurred at a railroad crossing at the intersection of Woodland Drive and South Santa Fe Avenue at 8:07 pm Monday.

According to witnesses, the warning gates had been down for more than 40 seconds, with the lights and bells activated, when the victim rode around the gates and onto the track. He was struck by oncoming the train, which had been sounding its horn as it approached the intersection.

The victim was transported to a local hospital, where he was pronounced dead.

No explanation was given for why he attempted to cross the tracks despite multiple visual and audible warnings.

He was the third person killed by a train in the county in the last five days.

This is the 58th bicycling fatality in Southern California this year, and the fourth in San Diego County. He is also the third bike rider to be killed by a train in the seven-county SoCal region since the first of the year.

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

Thanks to Rick Risemberg for the heads-up. 

……..

I don’t normally report on bicycling fatalities that occur outside the SoCal region.

However, I’ve gotten multiple reports of a cyclist killed on Foxen Canyon Road in the Santa Maria area over the weekend.

According to the Santa Maria Times, the victim was a 33-year old Chula Vista resident, who was hit by a 16-year old driver in a truck pulling a horse trailer.

Now word is coming in that victim was Matthew O’Neil, a popular randonneur well known in SoCal riding circles. I’m told that a group of riders participating in the ultra-distance event came upon the scene shortly after the collision, and recognized the victim by his unique Bacchetta recumbent bike.

Meanwhile, rumors are swirling that the driver is the son of a woman involved in another fatal wreck on the same road in 2012.

Hopefully, we’ll have more information later.

My deepest sympathy and prayers for Matthew O’Neil and all his family and friends. 

Thanks to Mike T for the link. 

 

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

A new video — and change of heart — from the formerly bike-hating former reserve Santa Paula police officer

August 5, 2014 / / 22 comments

Now she gets it.

Maybe you remember a couple weeks ago when the internet blew up over a bike-hating video from a woman who was quickly identified as a reserve Santa Paula police officer.

Even though, as it turned out, Laura Weintraub was only peripherally associated with the department, helping out around the office a few hours a week. She was never a patrol officer, and never in a position to enforce the law, fairly or otherwise.

And the bike-friendly department she barely worked for got an undeserved black eye based on the comments of someone who should have known better.

It wasn’t like the anger we all felt wasn’t justified.

Weintraub’s failed attempt at humor fell into a long list of shock jocks, newspaper columnists, comedians, online commenters and just plain anti-social jerks who can’t seem to understand that bike riders have as much a right to the road as they do.

And that we’re all just people trying to get from here to there in one piece.

They somehow seem to think the idea of running us over or off the road is outrageously funny. And fail to grasp the concept that a simple tap that would be nothing more than a fender bender between cars could result in serious injury — or worse — if it was with a cyclist, instead.

I was as outraged as anyone.

Yet somehow felt that in our anger, we were missing out on a teachable moment. One that could allow us to reach out to the Santa Paula police, and maybe even drivers like Weintraub herself, to educate them on our rights and how to drive safely around us. And why.

Turns out, a lot of people read that piece.

Including Laura Weintraub.

So I was surprised when I opened my inbox a few days later to find an email from the alleged bike hater herself, asking if we could talk.

When we spoke on the phone a few days later, I found a very caring and contrite young woman who realized she’d made the biggest mistake of her life. And had listened to the angry comments directed her way, and truly got just how and why she was so wrong, and why we were all so upset with her.

A typical motorist, she had never seen us from anything other than a windshield perspective, unaware of our right to the road and the dangers we face on a daily basis from drivers just like her.

She’d never put herself in our position, literally or figuratively, she said.

But she wanted to.

So I agreed to meet with her, and take her on a ride through the relatively quiet streets of Santa Monica and Venice, unwilling to throw a neophyte rider into the deep end on more challenging streets.

Even that brief tour through tame traffic scared her. But somehow, she held her own, remembering the riding tips she’d gotten from me, as well as cycling instructor Stanley Appleman the day before.

She also picked my brain in an attempt to truly understand the dangers we face, and what we can do to make peace on the roads with people like her.

Or at least, like the way she’d been a few weeks before.

She’s changed. She truly gets it.

She’s doing her best to make amends. Not to improve her badly tarnished reputation, but to fix the mistake she made.

And talk to the people out there who might have found the humor in her previously video, and explain to them and other like-minded drivers that we’re all just people, on two wheels or four.

But don’t take my word for it.

Take a look at her latest video, and decide for yourself.

And let’s stop the death threats. Against her or anyone else, no matter how deserved you think they may be.

Just like her earlier video, it’s not funny.

And never appropriate.

 

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

Update: 40-something cyclist killed in DTLA; second rider to die on Alameda Street in the last six months

August 4, 2014 / / 12 comments

More bad news, this time from Downtown Los Angeles.

According to a press release from the LAPD, the victim, identified only as a man in his early 40s, was hit and killed by a flatbed tractor trailer on Alameda just south of 20th Street at 1:10 pm Monday.

The police report says the cyclist was riding with traffic on southbound Alameda Street when he was sideswiped by the driver; he fell into the roadway, where he was run over by the truck’s rear wheels.

The victim was pronounced dead at the scene. His identity is being withheld pending notification of next of kin.

The driver remained at the scene and was cooperating with investigators; he was not suspected of being under the influence. Several vehicles initially stopped at the scene, but the drivers did not remain to talk to police.

According to Carlos Morales of the Eastside Bike Club, witnesses said the victim, who was riding a cruiser bike, was hugging the curb when the driver attempted to squeeze past in the same lane.

And clearly, failed.

Anyone with information is urged to call LAPD Central Traffic Division Detectives at 213/833-3713 or Detective Felix Padilla at 213/486-0753. You can also call the Central Traffic Division Watch Commander at 213/486-8344.

This is the 57th bicycling fatality in Southern California this year, and the 23rd in Los Angeles County. It’s also the eighth bike death in the City of Los Angeles since the first of the year, and the second cycling fatality on Alameda Street since February of this year.

Update: The Long Beach Post has identified the victim as 42-year old Long Beach resident Jarone Bartee; thanks to Danny Gamboa for the link. 

My deepest sympathy and prayers for Jarone Bartee and his family. 

Thanks to Carlos Morales of the Eastside Bike Club for the heads-up.

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

Bike rider killed in Orange; OC bike deaths match total for all of last year

August 4, 2014 / / 2 comments

Bad news from Orange County, with very few details.

According to the Orange County Coroner’s office, a male bike rider was hit by a car at the intersection of N Glassell Street and E Chestnut Ave in the City of Orange last Friday morning.

The collision occurred at 8:36 am; he was transported to UCI Medical Center, where he was pronounced dead 45 minutes later.

No other details are available at this time. The Coroner’s report doesn’t give an age or city of residence for the victim, which suggests they haven’t been able to identify him yet — another reminder to always carry ID whenever you ride.

This is the 56th bicycling fatality in Southern California this year, and the 12th in Orange County, which matches the total in the county for all of last year.

And it’s the second cycling fatality in the City of Orange this year, following the death of Joseph Robinson on Santiago Canyon Road in February.

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

Thanks to James Johnson of the Johnson Attorneys Group for the heads-up.

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

Update: Bicyclist killed in Menifee collision; Riverside County bike fatalities twice as high as last year

July 23, 2014 / / 6 comments

A bad year for Riverside County bicyclists just keeps getting worse.

According to the Press-Enterprise, two cyclists were riding east on Domenigoni Parkway at Lindenberger Road in Menifee when they were rear-ended by a motorist around 5:20 pm. One rider, who has not been publicly identified, was killed, while the other was not seriously injured.

DailySoCal lists the location as Winchester, and describes the car as a single passenger vehicle driven by a man, who was cooperating with investigators.

No other details are available at this time.

A satellite view of the intersection shows what looks like a bike lane, suggesting the riders may have been in their own lane and should have been out of the way of through traffic when they were hit. No explanation was given for why the driver apparently drifted out of his or her lane to hit the riders.

This is the 55th bicycling fatality in Southern California this year, and the 10th in Riverside County. That compares with just five in the county this time last year, and 12 for all of 2013.

Update: According to Menifee 24/7, the victim, described only as a man in his 50s, was declared dead at the scene.

The website also places the location at the top of a hill east of Lindenberger, and describes the roadway as the primary route between Menifee and Hemet. A photo shows a narrow, half-gutter bike lane or shoulder next to a thoroughfare with a 55 mph speed limit; however, Google’s street view shows a lane wide enough for two cyclists to ride abreast leading up the hill.

The site quotes Menifee resident Stephen Kaas as saying he was riding just ahead of the victim when the collision occurred.

I didn’t really see what happened,” Kaas said. “He was riding behind me. I just heard it and saw him flying through the air.

It’s unclear from the description whether the two cyclists were riding together, or if Kaas’ bike was struck, as well.

Anyone with information is urged to call Riverside Sheriff’s Deputy Josh Cail at 951/210-1068.

Update 2: Menifee 24/7 has identified the victim as 55-year old Menifee resident Matthew Carp, who was riding in the bike lane with Stephen Kass when he was hit from behind by a car driven by 23-year old Luis Aranda Llamas of San Jacinto. 

Despite wearing a helmet, Carp suffered major head trauma and internal injuries. According to the site, Kass barely avoided injury himself. 

Llamas was reportedly driving at a high rate of speed when he hit Carp. While bike helmets can protect against injury at slower speeds, they aren’t designed to protect against high speed collisions, and do nothing to prevent injuries to other parts of the body.

Still no word on why Llamas drifted into the bike lane; he was booked for vehicular manslaughter and for displaying a fictitious license plate.

Update 3: More on the collision from a rider who lived nearby, and knew both the victim and his companion. Witnesses reported seeing the driver weaving in and out of the bike lane as if distracted; investigators seized his phone as evidence. Thanks to C Menjou for leaving the link in a comment below.

In a demonstration of just how hard this has struck the local community, Danny Gamboa tells me the city of Menifee reached out to ghost bike volunteers to request an installation in memory of Carp, and will be closing the street from 4 to 5 pm Saturday for a memorial. He also says the city recently removed a bike lane on another street, forcing riders onto Domenigoni where Carp was killed.

And in a heartbreaking tragedy of Shakespearean proportions, Carp’s oldest son apparently took his own life following his father’s death.

There are no words.

My deepest sympathy and prayers for Matthew and Cameron Carp and all their family and loved ones.

Thanks to Zak for the heads-up.

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

Morning Links: Famed LA pediatrician dies six months after bike collision; more from Santa Paula police chief

July 21, 2014 / / 3 comments

Where do you put the ghost bike for someone who died months after he was hit by a car?

According to the UK’s Daily Mail, when much loved LA pediatrician Paul Fleiss died this past weekend, it was due to complications from injuries he received when he was hit by a car six months earlier.

The father of infamous Hollywood madam Heidi Fleiss, he reportedly rode with a friend every Sunday until that collision. An earlier story from a Chicago paper — which has since disappeared from online — quoted a family cousin as saying he appeared to have been recovering from his injuries before having difficulty breathing on Saturday.

No word on how or where to collision occurred, or just what injuries the 80-year old rider suffered.

My prayers and condolences for Paul Fleiss and all his loved ones.

Thanks to Patrick Pascal for the heads-up.

………

More on the controversy over Santa Paula’s bike-hating — and now dismissed — reserve cop Laura Weintraub, as the city’s police chief responds in the Santa Paula Times.

“The Chief of Police as well as the Santa Paula Police Department did not condone this video and are extremely embarrassed by it. This video did not and does not express the views of the Santa Paula Police Department nor the Chief of Police, Steve McLean,” the agency noted in a Sunday news release…

“Don’t hold us to Ms. Weintraub’s views, period,” McLean added…

“Some people are trying to paint us as anti-this or anti-that, especially bicyclists that we welcome here. We love them here and we treat them well… I don’t think we’ve ever given a recreational bicyclist a ticket ever. We’re fighting crime and drug dealers.”

Santa Paula, said McLean, “Is a friendly town that has made accommodations for bicyclists,” including the Bike Trail where there are racks for riders to park and secure their bikes and visit the downtown.

“I’ve been here a year,” said McLean, “and we’ve never had an incident with a bicyclist…”

……..

Cities throughout California are bypassing Caltrans to install protected bike lanes, LA included; the state bill to officially legalize such lanes continues to move forward.

Meanwhile, a Delaware study (pdf) shows they’re good for business.

……..

Local

Even pedestrians aren’t safe from hit-and-run drivers on LA sidewalks.

Meetings will be held tonight, tomorrow and Thursday to help plan how to integrate buses and bikes with the new Expo Line extension into Santa Monica.

Redondo Beach is finally preparing to tear down the wall that marks the end of the Hermosa Beach Strand, allowing the bike path to be extended south along the harbor.

 

State

Rose petals cover PCH like tears for the fallen at last weekend’s memorial ride for John Colvin and Debra Deem.

Santa Barbara police promise strict enforcement during the city’s popular, but unsanctioned, Fiesta Cruiser Ride. Meanwhile, the city’s bicycle coalition buys their headquarters building, while morning the death of a long-time advocate.

Silicon Valley cyclist fights greedy insurance companies after getting screwed following a bike collision in 2007.

 

National

Donations are being sought for an Oregon framebuilder seriously injured in a solo fall last weekend; Rob English won Best in Show in last years North American Handbuilt Bike Show.

Sixteen teams are announced for Colorado’s USA Pro Challenge next month.

Advice from my hometown on what to do if you’re in or see a bike crash.

Central Texas cyclists ask the public to protect the rights and safety of bike riders.

A Chicago alderman proposes putting Segways in bike lanes, which isn’t likely to go over well with the city’s bicyclists.

A dispute between legal and illegal rental bike vendors in New York’s Central Park leads to threats of decapitation.

 

International

The BBC looks at a new folding e-bike, and uses the opportunity to take a slap at American soccer fans.

A writer for the Telegraph asks if the law is too soft on drivers who kill cyclists. The answer there, as here, is yes.

Aussie cyclists go beyond creating a bicycle PAC to form their own political party.

 

Finally…

It’s now legal to ride three sheets to the wind in Hungary. A fun piece, as a Chicago bike blogger takes her dog on a ride fit for a king.

And I can’t help it. When Dennis Christopher — yes, that Dennis Christopher — retweets my comment about Breaking Away, it just kind of makes my month.

 

Category: Advocacy & Politics, Bicycle Safety, Injuries and Fatalities, Morning Links / Tags: , , , , , ,

Update: Pomona bike rider killed by suspected drunk driver early Saturday morning; 5th cyclist killed in the city in 17 months

July 19, 2014 / / 3 comments

This is not the news we wanted to start the weekend.

According to the Daily Bulletin, a bike rider was killed by a suspected drunk driver in Pomona early this morning.

The victim, identified only as a man in his 40s or 50s, was riding north on Garey Avenue when he was rear-ended by a white 2011 BMW 3351 just north of Philadelphia Street at 2:32 am. He was rushed to a nearby hospital where he died shortly later.

The driver, 25-year old Chino resident Rick Kyujin Lee, was arrested on suspicion of drunk driving causing death and vehicular manslaughter.

The Daily Bulletin says the victim was riding on the right shoulder, while KABC-7 places him near the shoulder. However, a street view shows a typical four lane street with a center median, but no apparent shoulder; he may have been hugging the curb to the far right.

If they haven’t yet, someone will inevitably question in the comments why anyone would be riding a bike at that hour. Of course, bike riders travel at all hours of the day or night for all kinds of reasons, just as drivers do; it’s possible the victim may have been leaving work or coming home from a night out, or just out for a late night ride.

Given the frequent lack of follow-up, we may never know.

That said, the early morning hours after the bars close is one of the most dangerous times to ride due to the high number of drunks on the road at that time, requiring riders to be extra alert.

There’s also no mention of whether the victim had lights and reflectors on his bike, as required at that hour. However, the police and press usually go out of their way to mention the lack of lights if a rider wasn’t using them.

And the victim could have been lit up like a Christmas tree and still been unable to avoid a driver apparently unable to control his car and keep it from drifting to the right.

This is the 54th bicycling fatality in Southern California this year, and the 22nd in Los Angeles County. And it’s the 5th bike death in Pomona since the death of Ivan Aguilar in February of last year, suggesting that the city may have a serious safety problem.

Update: The victim has been identified as 57-year old Luis Raymundo Espinoza-Moreno.

My deepest sympathy and prayers for Luis Raymundo Espinoza-Moreno and all his loved ones.

 

 

 

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

Update: Bike rider killed in Canoga Park, apparently the innocent victim of a two-car collision

July 17, 2014 / / 11 comments

Once again, a bike rider appears to have been the tragic collateral damage of someone else’s collision.

According to KTLA-5, a woman in her 40s, whose identity has not been publicly released, was riding her bike on the 7100 block of North Shoup Ave just below Sherman Way around 4 pm, when she was somehow involved in a collision with two motor vehicles.

Details are still very sketchy; the best clue to what happened comes from a fire department spokesperson who described it as “a two-car accident also involving a bicyclist.”

The rider was killed at the scene; at least one other person was taken to a nearby hospital with critical injuries.

An aerial photo showed the victim covered by a tarp on the sidewalk, her mangled bike resting against the curb in front of the two vehicles that were apparently involved, one of which ended up on the sidewalk.

This is the 53rd bicycling fatality in Southern California this year, and the 21st in the County of Los Angeles. She is also the 7th bike rider to lose her life in the City of Los Angeles this year.

Update: A writer for the Huffington Post who lives in the neighborhood fills in some of the missing details. 

Linda Milazzo reports seeing news of the collision on her Twitter feed, then driving to the collision site after seeing a helicopter hovering overhead.

According to Milazzo, the victim was standing on the sidewalk next to her bike when a northbound car turning left onto Sherman Way collided with a car driving south on Shoup; the second car went onto the sidewalk where it struck the victim, who suffered “multiple traumatic injuries to her face and body.”

The victim wasn’t wearing a helmet; Milazzo was told no when she asked an investigator for the Coroner’s office if that could have made a difference. 

And this is why you should always carry ID when you ride. The victim, identified only as a woman around 40 years old, didn’t have any with her. While authorities think they know who she is, final identification will have to wait for confirmation from fingerprints or dental records next week.

Update 2: The LAPD Valley Traffic Division reports that it was a DUI collision. And while the victim has not yet been publicly identified, a comment from Jocelyne below says she knew the victim, who was most likely standing on the corner waiting for a bus; suggesting that the bike may not have been hers.

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

Thanks to Melissa Pamer for the heads-up.

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

Morning Links: Biking backlash to misguided WaPo bikelash, and a fund for injured Manhattan Beach racer

July 9, 2014 / / 9 comments

Nice.

The transportation beat reporter for the Washington Post responds to yesterday’s anti-bike screed from a fellow WaPo writer.

Here’s my bias: No matter how you go — bike, car, bus, train, boat or plane — I want you to get there safely.

I’m sick to death of people who take risks with other people’s lives.

And lately I’ve become disgusted with all the venom aimed at cyclists.

It’s a great piece. Take a few moments to read it.

I’ll wait.

Back already?

A writer for the Washingtonian offers his own response. The editor of Greater Greater Washington — the site that innocently set off the misguided screed — suggests letting understanding win over hatred. The Brooklyn Spoke says embracing the crazy is the best way to stop the bikelash.

And Streetsblog USA cites still more sources giving the misguided rant the smackdown it deserves.

……..

Great Le Tour coverage from VeloNews.

Defending champ Chris Froome is out after falling on rain-soaked cobbles, his third crash in two days; Team Sky’s decision to leave Wiggins at home is looking pretty foolish, despite what the team manager says. Then again, things aren’t looking so good for the Spaniards, either. American Tejay van Garderen is growing into his role as team leader for BMC.

And China’s first Tour de France rider is hanging in there, while Garmin-Sharp domestique Jack Bauer says in a Bicycling video that Wednesday’s Stage Five was as bad as it gets.

……..

A fund has been set up for SoCalCycling.com Team rider Ronnie Toth, who was severely injured in the final sprint of the Manhattan Beach Grand Prix this past Sunday.

……..

Streetsblog’s Joe Linton adds to the discussion of the OC cyclist threatened with arrest for swearing at the road raging driver who tried to run him off the road.

……..

Local

Bike liability lawyer and BikinginLA sponsor Jim Procrass answers an intriguing question on Streetsblog: Can city council members be held liable after killing bike safety improvements?

PCH remains a dangerous place, as a 58-year old rider is injured in a collision in Pacific Palisades; thanks to Barry Goch for the heads-up. Meanwhile, a writer for the Weekly says riding a bike in LA can be deadlier than Mumbai or Shanghai.

Protesters march on Councilmember Gil Cedillo’s office to demand a safer North Figueroa.

Levi’s will open a pop-up bike commuter hub in Los Angeles next month; other hubs will open in Brooklyn and London.

Bike in to the Frog Spot on the LA River bike path in Elysian Valley.

Santa Monica police insist their announced July crackdown on bike riders is about education, not writing tickets. So remind them about that if they pull you over; I’m sure they won’t mind.

Long Beach police catch a thief with a taste for $1000 bikes.

Santa Clarita will add more off-road bike trails to their existing 76-mile network.

Westlake Village resident and former pro rider Dave Zabriskie, aka Captain America, calls on everyone to use common sense to improve safety for cyclists.

 

State

A Newport Beach bike rider goes from collision victim to wanted criminal after whacking the driver with a bottle.

Turns out that USA Today report listing San Diego as one of America’s top 10 bicycling cities was based on a single bike path across the bay in Coronado. But admittedly, it’s a nice path.

A writer for Wired takes a three-day, 77-mile journey through the Mojave Desert.

When you’re a known Ukiah meth user on probation with a recent firearm arrest, stop for the damn police car already. Or at least, don’t ride in front of it.

 

National

An NPR producer describes the lessons learned from her high-speed solo cycling fall. Like know your limits and stop when your body says enough.

A Portland rider discovers the risks of falling of your bike include contracting flesh eating bacteria.

Nice to see some businesses get it. Instead of fighting bike lanes, a group of Portland business owners ask for a protected bike lane in front of their storefronts.

Lance gets props from cops for trying to help catch a notorious Austin bike thief.

Instant Karma? An Atlanta thief is severely injured doing a faceplant while trying to ride off with a purloined bike.

 

International

Caught on video: After a speeding motorist nearly runs down a Brit cyclist, he tries again. In reverse.

Scotland’s Town Mouse takes the long way home through the rural countryside. Looks like a lovely ride; maybe she can show me the way someday.

Corking intersections may be controversial, but a network of new bike lanes in Cork, Ireland should be reason to celebrate.

 

Finally…

Don’t get drunk and ride through the middle of a police investigation. Just don’t. Bikeyface says it’s hard to talk to a machine, let alone understand what it’s trying to say.

And bike friendly Beverly Hills toasts their 12th annual Cycling Classic with a special brew. No, sadly, not that Beverly Hills.

……..

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

OC Sheriff threatens to victimize an Orange County cyclist a second time; road raging driver allowed to walk

July 8, 2014 / / 13 comments

Prepare to get mad.

Or maybe livid is a better word.

Just a day after a widely circulated open letter called on the Orange County Sheriff’s Department to charge a truck driver who used his vehicle as a weapon to threaten a cyclist, the department recommended that charges be filed.

Against the victim.

According to the LA Times, Bryan Larsen was riding his bike on Pacific Coast Highway in Dana Point on May 31st when he captured video of a truck driver attempting to run him off the road before the passenger — who turned out to be the driver’s wife — hits him with a thrown Gatorade bottle; they then try to smoke him out as they took off.

Maybe she thought he looked thirsty.

Larsen was originally told that no charges could be filed because sheriff’s deputies did not actually witness the assault themselves.

Which is not true, of course.

Police are required to witness an event in order to file a traffic violation or misdemeanor charge; however, there’s no such requirement for felony charges. And using a large truck to intimidate a vulnerable road user should certainly qualify.

I’ve also been told by members of other departments that video footage can be used as evidence, as well as eye witness testimony. At the time, Larsen was riding with another cyclist who could verify everything seen on the video.

After the video went viral and was picked up by local news stations, the sheriff’s department reconsidered and conducted an investigation. Though based on the results, not much of one.

Even though the driver reportedly used his massive truck as a weapon to threaten the rider and attempt to force him off the road, they declined to charge him with anything. At all.

Instead, the Orange County Register reports they recommended that the OC District Attorney file an assault and battery charge against the driver’s wife.

And that charges be filed against the victim for apparently inciting the attack through his use of obscene language directed at the couple.

Charges are also being recommended against the bicyclist, he said, who is suspected of using “offensive words in public, likely to provoke a violent reaction.” Officials suspect the cyclist made “rude, disparaging comments” before the incident was recorded on his cellphone, (Lt. Jeff) Hallock said.

This, despite the fact the US Supreme Court has repeatedly held that offensive language and gestures are protected as free speech under the 1st Amendment. And even though Hallock makes it clear investigators are only assuming that Larson said something so offensive as to justify a violent attack with a deadly weapon.

As if anything could.

Would they still feel the driver was justified if he had pulled out a gun and started shooting at the cyclist? Legally, there’s no difference; only the choice of weapon used.

And never mind what actually precipitated the event. Unless Larsen suffers from a rare form of Tourette’s Syndrome or mental illness that forced him to swear without any provocation, he was clearly responding to something the driver had done before the camera started recording.

What, we may never know, since the threat of criminal charges will now force him to remain silent. Which is probably the real intent.

Legally, there’s no valid case against him. So the question becomes, why is the OCSD trying so hard to intimidate the victim of a violent crime — while letting the primary perpetrator off scott-free?

And what does it say to every other bike rider south of the Orange Curtain when even video evidence isn’t good enough to get the authorities to give a damn about our safety — let alone threaten us for reporting it?

Sheriff Sandra Hutchens and her department are sending a clear message to everyone who travels by two wheels that we remain second-class citizens in her jurisdiction.

And if something bad happens on her watch, just keep your mouth shut about it.

Or else.

https://www.youtube.com/watch?v=2HlZXCWha6Q

Category: Car vs Bike, Legal Cases, Road Rage / Tags: , , , , , , , ,
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