Archive for Law Enforcement

Police target distracted drivers for a whole month, Ventura farmers fear you’ll pee on their crops

April 3, 2013 / / 3 comments

Once again, police agencies around the state and across the country are targeting distracted drivers in the month of April.

Last year’s stepped up enforcement efforts lead to over 57,000 drivers being ticketed for texting or using hand-held phones behind the wheel. Not to mention another 3,800 nabbed for other illegal and unwise behaviors, such as eating, shaving and applying makeup as they sped down the roadway.

Not that you’d do anything like that, of course.

Which is why, like me, you probably wish police would dedicated themselves to the same level of enforcement the other eleven months of the year.

Because 60,000 tickets a month, every month, might actually get California drivers to put down their phones and pay attention behind the wheel. And maybe even save a few lives in the process.

Yeah, right. I know.

Here’s the press release from the LAPD. Thanks to Paul B. for the heads-up.

Distracted-Driver-Month-New

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Ventura County farmers fear people and animals using a new rural bikeway will pee on crops and be sickened by pesticides, something that evidently never happens at farms located along rural roadways frequented by bike riders.

I grew up in farm country — no, really, my high school team was called the Lambkins for chrissake — and spent much of the first 30 years of my life riding in rural areas. And I can assure you that when the need arises, there are far better and less visible places to take a leak than the middle of some farmer’s cropland.

Even though it may not necessarily be a bad thing.

And if a farmer can’t manage to apply his pesticides in a manner that allows him to control where it ends up, he probably shouldn’t be using them in the first place.

Then again, as someone who has been crop dusted on more than one occasion, it hasn’t killed me yet.

Although, now that I think of it, it may explain a lot.

Thanks to Machiko Yasuda for the heads-up, and Bike SD’s Sam Ollinger for that number one link.

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Today’s must read — an examination of design-oriented traffic safety vs. passive safety. It may be a little dense for us non-planners, but definitely worth the read.

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I get a lot of emails from various people and companies wanting me to promote their products.

Some just don’t interest me, while others get lost in the shuffle. And many end up in the delete file for one reason or another; often because they have the audacity to offer me some small discount in a vain attempt to lower my editorial standards.

No, seriously.

If you’re going to bribe me, at least make it worth my while.

But every now and then, someone will approach me with an idea that actually makes sense. Like this one, attempting to raise funds for an ultra-reflective bike tire called LIT.

I rode something similar when I tested the Urbana Bike a couple of years ago. And never felt more visible; even without lights, the bike could be easily seen on the darkest streets.

Combine a reflective stripe like that with the durability of Gatorskins, and I’m there. Which, thanks to LIT’s puncture protection layer, it just might be.

So if, unlike me, you’ve got a few extra bucks to invest, this is one project I might just recommend.

In fact, I think I just did.

Meanwhile, this is one Kickstarter project that really should get funded, but probably won’t.

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Here’s your chance to vote for funding for CicLAvia or Bicycle-Friendly Business Districts, among other projects for My LA2050; I cast my vote for the latter, since getting businesses on our side will do more than anything else to speed acceptance of bicycling in the City of Angeles. The proposed $3 billion bond issue to repair L.A.’s streets is being revived, with hearings throughout the city this month; I still can’t support it unless it includes provisions to repair the city’s broken sidewalks and speed up implementation of the L.A. bike plan as street get repaved. The latest Unity Ride will roll Sunday, April 28th to strengthen ties between L.A. and the San Fernando Valley — much of which is L.A. Letter writers weighing in with the Eagle Rock Neighborhood Council were overwhelmingly in support of bike lanes on Colorado Blvd; I understand speakers at Tuesday’s meeting strongly backed the proposed lanes, as well. Update: In a bit of late-breaking news, the Eagle Rock NC voted to supported buffered bike lanes on Colorado Blvd. Bike lanes are proposed for Cal Poly Pomona, where cyclist Ivan Aguilar was killed a little over a month ago perhaps due to the lack of them. KCRW traffic maven Kajon Cermak wants to know if L.A.’s newly synchronized traffic lights have sped up your drives through the city; I can’t speak for driving, but I seem to get stopped at more lights when I ride these days.

Applications for Newport Beach’s new Bicycle Master Plan Oversight Committee are due Wednesday; meanwhile, donations to the city’s Bike Safety Improvement Fund totaled over $75,000, which Newport Beach will match on a three-to-one basis. A proposed bill would force drivers to acknowledge they understand the dangers of distracted driving when they get their license. Bike safety is finally coming to Bakersfield. Cyclelicious says those traffic light detectors work better if you lay your bike on its side. Specialized Creative Director Robert Eggers says the company is intoxicated by bicycles, and wants to spread the disease to everyone. Good advice on how to ride through parking lots. A cyclist is killed in Red Bluff traffic collision.

A writer for People for Bikes correctly points out that for every “FU” we cyclists utter, there’s an equal and opposite “FU” from motorists; the antidote, he says, is to say “careful” instead. This is another reason why it’s hard to get women excited about bicycling. Proper etiquette for group rides; a lot of experienced riders could stand to read this as well as beginners. No irony here, as America’s wounded warriors have until Friday to submit applications to ride with the man who sent them to war. A Minneapolis man is arrested for the apparent drunken hit-and-run death of a bicyclist. A Minnesota writer who previously opposed bike lanes commits to riding every day this month. Ohio redefines the word bicycle to include four-wheeled pedal-powered vehicles. That Philly man who rides with his cat on his shoulder is the new handlebar-mustached face of GoPro. A New York study shows most pedestrians are hit by cars while walking in the crosswalk with the light, and cabs are no friend to cyclists. The New York Post is shocked! shocked! to spot Alec Baldwin riding a bike sans helmet and talking on a cell phone; only the latter is against the law in New York. An open hate letter to Miami’s bike thieves, in which the writer wishes them a social disease.

Toronto’s notoriously anti-bike mayor is accused of public drunkenness and possible drunk driving. It ain’t easy to keep your cool when a professional cyclist grabs your ass. Oxford advocates call for more bike lanes, or not. Bucharest bike advocates fight the city’s dangerous bike lanes by adopting and eliminating them. A call for police to target New Zealand cyclists riding without lights at night. Sadly, an Aussie cop is killed while riding to celebrate his 52nd birthday.

Finally, continuing this week’s theme, a BMX-biking Colorado bank robber gets 41 months in Federal prison; probably a better getaway choice than yesterday’s beach cruiser. And a suspected drunk driver fled the scene after rear-ending a car near the Malibu Pier, then slammed into six parked cars and damaged a house; the driver turned out to be the son of Gone With the Wind star Clark Gable.

Frankly my dear, I do give a damn.

Category: Bikes & the Law, Law Enforcement, Streets and Infrastructure / Tags: , , , , ,

A little clarification on tickets and misdemeanors, and what police can and can’t do

March 13, 2013 / / 13 comments

Maybe I got it wrong.

Or maybe the person who explained it to me did.

But yesterday, I got clarification on what police can and can’t do in cases where they don’t witness a violation.

My understanding was that the police were prohibited from writing a ticket or filing misdemeanor charges unless they actually saw it happen. Which is why it’s so hard to get criminal charges in a harassment case, for instance, because few motorists are foolish enough to threaten a bike rider when a cop is watching.

However, it turns out that’s not quite right.

At Wednesday’s meeting of the LAPD bike task force, officers who work in traffic investigations explained that they actually can write tickets for traffic violations after the fact — if the evidence or witness testimony makes it clear that a driver broke the law.

For instance, if the evidence suggests that a collision occurred because someone ran a red light, they can ticket the responsible party even though they didn’t see it happen.

Criminal charges are another matter.

While police are free to make felony arrests whether they see the crime or not, state law prohibits them from making a misdemeanor arrest unless they see the violation.

However, the key word there is arrest; misdemeanor charges can be filed later if the evidence warrants, whether or not the officer was there when the crime was committed.

Clear now?

It seems like splitting hairs, but that’s the current state of the law here in the late, great Golden State.

The good news is, that means your bike cam video can be considered as evidence leading to a misdemeanor charge.

It can also lead to a traffic ticket after the fact, though that’s not likely in most cases. Particularly if the violation didn’t lead to a collision or injuries.

A couple other quick notes from the meeting:

  • Police are seeing a number of bikes converted to use a small gas-powered engine. However, once you hit the gas, it’s no longer considered a bicycle. Anything with a motor over 150 cc’s is legally a motorcycle; anything below that is considered a moped. And both are subject to laws that bicycles aren’t, as well as licensing requirements. E-bikes are not subject to the same requirements and are still regarded as bicycles under state law.
  • By far the leading cause of bicycling collisions in the Valley Traffic Division is riding against traffic. In fact, riding salmon resulted in nearly six times as many collisions reported to the police as dooring, the second leading cause. And not only does riding upstream dramatically increase your risk of getting hit, it also means you’re automatically considered at fault, at least in part, regardless of any other factors.
  • Finally, those long-awaited stats on hit-and-run requested by the L.A. City Council are unlikely to be delivered before the end of the month. The LAPD still working on compiling detailed data breaking down just how prevalent the problem actually is. But it would be great if they could step it up just a little, since there are currently two state laws under consideration to address the problem, and a little solid data might help.
Category: Bikes & the Law, Law Enforcement / Tags: , , , ,

Today’s post, in which I offer a few helpful corrections for the Newport Beach PD

March 12, 2013 / / 5 comments

The Newport Beach Police Department offers advice for cyclists riding in the city.

And for the most part, they get it right.

Where they fail is the admonition that bike riders should position themselves farthest to the right of the lane, ignoring the many exceptions to that requirement contained in CVC21202.

  1. When overtaking and passing another bicycle or vehicle proceeding in the same direction.
  2. When preparing for a left turn at an intersection or into a private road or driveway.
  3. When reasonably necessary to avoid conditions (including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes) that make it unsafe to continue along the right-hand curb or edge, subject to the provisions of Section 21656. For purposes of this section, a “substandard width lane” is a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.
  4. When approaching a place where a right turn is authorized.

And never mind that all of that only applies to bicyclists riding below the normal speed of traffic; if you can keep up with the cars on the street at that time — which is usually pretty easy at rush hour — you can ride anywhere you want on the roadway.

All of which explains why the LAPD says “Ride where it’s right, not to the right.”

There is also no requirement under California law to ride single file, despite what some law enforcement agencies will tell you. As long as riders aren’t impeding traffic — which is defined as five or more vehicles stuck behind a slow moving vehicle and unable able to pass — there is nothing to prohibit riding side-by-side in a non-shareable lane.

Especially on a four lane roadway where drivers can use the other lane to go around.

And riding two abreast is often safer than riding single file, allowing bicyclists to control the full lane to prevent dangerous passing where there’s not enough room for drivers to do it safely. Yet many motorists will try it anyway unless riders take steps — like riding abreast — to physically prevent it.

Of course, just because it’s not against the law doesn’t mean they won’t give you a ticket for it.

And no, bicycles are not considered vehicles under California law, though riders are subject to the same rights and responsibilities of vehicle operators.

Thanks to David Huntsman for the heads-up.

Update: This is not intended as criticism of the NBPD, but rather, of the website posted under their name. From what I’ve been told, the Newport Beach Police Department is one of the more progressive departments in Southern California when it comes to working with bicyclists.

However, it remains a common problem that police can misinterpret the laws regarding bicycling, and provide inaccurate information to bike riders and drivers that can cause bicyclists to ride in an unsafe manner, and drivers to think we don’t have a right to the roadway.

When a well-intentioned website like this, which serves to provide safety information for both groups, gives incorrect information, it can do more harm than good and lead to needless conflicts on the road.

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Don’t forget to vote for Walk and Rollers for the Lakers’ Youth Foundation March YOU GRANT. This is a great, locally based program to encourage children to walk and bike to school more often, and more safely. And one I endorse without reservation.

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LADOT recounts the recent first-year bike plan meetings. Some of these meetings — and projects — were highly contentious; you can still offer support for your favorite bike lanes, which may need it.

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A writer for the Wall Street Journal tours L.A. in a Day with Bikes and Hikes LA. L.A. fashion photographer and retailer the Cobrasnake talks tight clothes and L.A. bicycling for H&M; does it hurt my hipness quotient if I never heard of him? This is how you can tell it was a good ride. Gear up for the next battle in the war over parking and bike lanes in North Hollywood. New bike lanes on Rowena Blvd. Santa Monica police bust a bike thief. The Honor Ride for Wounded Veterans rolls in Agoura Hills on April 27th. Manhattan Beach police plan a crackdown on people who walk on the beach bike path, or ride on the Strand; thanks to Margaret Wehbi for the link. The Pomona Valley Bicycle Coalition calls for a Metrolink Bicycle Access Plan. Boyonabike looks at the not-entirely-unexpected Cal Poly Pomona Bike Lane Brush-Off; unless and until parents of students, and prospective students, decide the auto-centric school is too dangerous for their kids nothing is likely to change.

Here’s your chance to apply for the planned Newport Beach committee to oversee development of a new bike master plan. The San Diego City Council unanimously prioritizes bike safety improvements, but misses the point about the city’s deadly freeway onramps. Caltrans will test a fix a popular bike route on Highway 1 north of Cambria, after a recent chip seal ruined it for riders; this is what happens when they only consider the needs of drivers. The World Naked Bike Ride hit San Francisco on Saturday, despite the city’s recent ban on public nudity. GEICO partially blames a San Francisco cyclist for the actions of driver who doored her, despite proof to the contrary; and this is exactly what’s wrong with liability insurance in California, where cases too often end up in court for no apparent reason. Manteca plans to triple the amount of bike lanes in the city. The Santa Rosa Press Democrat calls on drivers to share the road, and for Sonoma county officials to pass the first countywide L.A.-style cyclist anti-harassment law; at least five cities have passed a similar law, but no test case has been filed anywhere yet.

Fat Cyclist deservedly takes a bikewear manufacturer to task for their needlessly sexist and borderline offensive ad and asinine, virtually incomprehensible marketing philosophy. The Bike League offers advice on how to approach political leaders gleaned from interviews with Congressional staffers. After a Denver-area cyclist is killed in a hit-ad-run, the driver calls police to claim he didn’t know he hit anyone; if any driver is so careless, drunk or distracted he doesn’t even know he killed someone, he or she shouldn’t be allowed behind the wheel. More on the NYPD dropping the term accident from it’s traffic investigations; now maybe we can get the LAPD — and the press — to do the same. Nearly 600 cyclists are injured by dooring in Great Britain every year. Former pro Laurent Jalabert was seriously injured when he was hit by a car headed in the opposite direction.

Finally, I’ve often said that Red Kite Prayer’s Padraig writes more beautifully about bicycling than just about anyone else who’s attempted to set pen to two wheels. But today, he offers a heartbreaking perspective, reminding us that some things are far more important than riding.

If you don’t read anything else I’ve linked to today, read that one.

Category: Bikes & the Law, Law Enforcement / Tags: , , , ,

Four months after a bike rider was fatally injured in a hit-and-run, Redlands police say it never happened

February 26, 2013 / / 4 comments

Something smells a little fishy here.

Last week I wrote about a Redlands bike rider who tragically died months after she was critically injured in an October hit-and-run.

Laura Lee Jones was reportedly hit from behind by a car traveling at an estimated 45 to 55 miles an hour; police asked the public to be on the alert for a newer black sedan with damage to the front bumper, windshield and roof.

Now they say it didn’t happen.

I’ll let a Redlands resident take up the story in an email I received Tuesday evening.

Thought I should send this your way as a follow up to your Feb 19 post about Laura Lee Jones, who passed away after an apparent hit-and-run in Redlands last October.  This is from the Redlands Police Department Facebook update this afternoon.

Fatal October accident determined not to be hit-and-runAn October traffic collision that resulted in the death of woman earlier this month was determined not to be a hit-and-run accident as initially believed.The collision occurred in the eastbound lanes of Lugonia Avenue at Grove Street at about 6:45 p.m. Friday, Oct. 26. The victim, 51-year-old Laura Lee Jones, was critically injured. She died Feb. 3 of injuries sustained in the accident. Early witness reports described a black vehicle that initially struck Jones and left the scene before she was struck by another vehicle which did stop. Police conducted an investigation, examining physical evidence at the scene and reinterviewing witnesses, and determined that the first vehicle was not involved in the accident. The driver of the vehicle that struck Jones was determined not at fault and no charges have been filed.Anyone with additional information is asked to contact Redlands Police Dispatch at (909) 798-7681. Anonymous tips can be provided by texting 274637 using the keyword “REDTIP.” Certain non-emergency crimes may also be reported online using the Redlands Police Department’s CopLogic reporting system at

http://ci.redlands.ca.us/police/coplogic/start-report.html.

I’m really trying to be reasonable here. This accident happened less than 2 miles from my home. Yes, it is a busy street, and yes, it was dark.

Initial reports stated that witnesses reported that a black vehicle had hit the victim and fled east toward Mentone without stopping. I didn’t ever see a report that talked about the second car hitting her at that time. Now that she’s dead, they re-interview witnesses and decide that the black car didn’t hit her after all? The car that supposedly had front end, windshield and roof damage didn’t even hit her?  Did the second car that stopped have damage, because if it’s the only car that hit her, it should have. The second car isn’t even mentioned until updates this month after the vigil her friends held for her at the site where she was hit.

http://www.redlandsdailyfacts.com/news/ci_21871792/hit-and-run-vehicle-injures-cyclist-redlands-police

http://www.sbsun.com/ci_21871792/hit-and-run-vehicle-injures-cyclist-redlands-police?IADID=Search-www.sbsun.com-www.sbsun.com

Regardless of who hit her, she was nailed from behind and she died. Some driver should face a charge of some sort. Name the driver that hit her so there is at least a squinch of accountability.

Funny how the story changes completely only after the victim died.

Suddenly she was killed by a second car that hadn’t existed in the press or police reports in more than three months before Jones died. And the first car, which supposedly sustained extensive front end damage, never touched her.

Not that that strains credibility or anything.

It’s possible, of course. By now, we should all know that a speeding car can cause a rider to fall without ever actually making contact. Yet that doesn’t make the driver any less at fault.

In this case, though, police apparently ignore witness statements to conclude it’s just another case of harm, but no foul.

So maybe it’s just a case of exceptionally bad PR.

Maybe if the Redlands police had updated the investigation as they went on, rather than doing a complete 180 after Jones death, it might not strain their credibility to such a degree.

Maybe if they’d announced publicly that they’d found the driver and determined he wasn’t at fault months ago, it might be more believable.

Or maybe if they’d even mentioned the mere existence of the second vehicle, it might not seem like they’d pulled it out of their… well, hats.

Maybe they’ve just done an incredibly bad job of keeping the public informed. Or maybe there’s something else going on here.

Speaking strictly for myself, I’d like to know who was driving that black sedan.

Because something certainly seems rotten in the state of Redlands.

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

Boorish behavior by bicyclists could lead to a CHP crackdown in the Santa Monica Mountains

February 25, 2013 / / 16 comments

There’s no excuse for boorish bike behavior.

Especially when it could lead to a crackdown on every cyclist in the Santa Monica Mountains.

A conversation last week with Leland Tang, Public Information Officer for the CHP’s West Valley Area, revealed that they’re planning to start ticketing cyclists for riding violations throughout the area.

All they’re waiting for on is funding to put extra officers in the field.

And to give bike riders one last chance to clean up their act.

According to Tang, the CHP has been getting a large number of complaints about group rides that refuse to play nice by failing to ride single file, not letting motorists pass, riding on both sides of the roadway and not allowing drivers to exit their driveways.

Never mind that I disagree strongly with the CHP on whether it’s legal to ride two abreast.

It’s not mentioned at all in the California Vehicle Code, and it’s a standard precept of common law that anything that is not expressly forbidden is permissible under the law. Not to mention that riding two abreast is safer under many conditions that require riders to take the lane, such as avoiding road debris on the right shoulder or riding on roads with a substandard lane width where lanes are too narrow to safely share with a motor vehicle.

The LAPD considers it legal to ride two abreast anytime a rider has to take the lane, or other situations where the riders aren’t blocking traffic, such as riding in the right lane of a four lane roadway where drivers could use the other lane to go around.

The CHP, however, interprets CVC 21202, the law requiring cyclists to ride as close to the right as practicable, as banning riding abreast, reasoning that the rider on the left is not as close to the right as he or she should be.

Or as a friend of mine put it recently, “Your honor, I couldn’t ride any closer to the right. There was another bike there.”

However, that’s a discussion I’ve had with the CHP for some time now, and not one I expect to win outside of a courtroom.

On the other hand, there’s no excuse for riding on both sides of the road, especially on blind curves where drivers coming from opposite direction may not be able to see you. Or continuing to block the roadway and preventing drivers from passing when it’s safe to do so.

And it’s only common courtesy to allow other road users to enter or exit their own driveways if it doesn’t interfere with your own safety, or the other riders with you.

Cyclists at the back of the pack should be on the lookout for cars coming up from behind, and call out for the riders ahead to fall into single file if it’s safe for the vehicle to pass. Or signal to the driver to wait if it’s not, then waive them around at the first opportunity.

We don’t make any friends by needlessly blocking the road or inconveniencing the others on it.

Admittedly, I’m only hearing half the story, coming from the people pissed off enough to call to complain. And filtered through the views of the Highway Patrol officers who have to take those calls and deal with that anger.

But it’s clear that more courtesy is called for from all sides.

However, I’m told that the overwhelming majority of complaints stem from a single weekly ride. Fairly or not, a Sunday morning ride over Decker Canyon draws more calls than every other weekend ride combined — as much as 90% of the complaint calls against cyclists in the area, according to Tang.

In fact, Tang himself has sat on the side of the road and watched them go by, riding three, four or more abreast and blocking both sides of the roadway. Which is neither legal nor justified under any circumstances.

He assures me they don’t really want to crack down on cyclists. The CHP would much rather apply their limited resources other places, where they can deal with more dangerous violations by more dangerous violators.

But the sheer number of complaints stemming from this one ride dictate that they will soon have to do something.

And if they do, it won’t just be the boorish behavior of a single group ride that draws their attention. But rather, a crackdown on any violations by any cyclists, anywhere in their jurisdiction.

Which means you could get a ticket simply because someone else refuses to straighten up and ride right.

So if you know anyone on that Sunday Decker Canyon ride, let them know they’re about to face a hard, and undoubtedly unpleasant look from law enforcement.

And because of them, so are you.

One more quick note. A recent complaint to the CHP involved riders swearing at a driver and throwing objects at his car as he passed. I think we all recognize that as a common reaction to a too close pass by a dangerous or threatening driver. But thanks to the veto pen of our governor, a dangerously close pass remains legal, while hitting a car or throwing something at it is not. It may seem justified, but you’re the one who’s likely to face legal action if you get caught.

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Another bike rider has been shot in South L.A. The shooting occurred when a suspect on foot fired at the rider late Saturday evening near 92nd and Vermont, leaving the victim in critical condition with multiple gunshot wounds.

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Bike Radar offers a look at some of the more interesting bikes at this weekend’s North American Handmade Bicycle Show in Denver. Bike Biz offers a full list of the winners, while Velo News wonders what it all means. And now there’s no need to get off your bike after pedaling to the slopes.

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I hear Saturday’s first-ever ‘80s Bike Prom sponsored by the LACBC was a huge hit; with luck, that may mean there will be a next one. CICLE’s Wild West Chatsworth Community Bike Ride seems to have been a big success, as well. The NELA and Occidental College Bicycle Art Show opens this Thursday, which is the same day Santa Monica College celebrates the official Grand Opening of their new bike corral. Santa Monica sets a March 16th workshop for the planned Santa Monica Michigan Avenue Greenway project. Redondo Beach considers a major redesign of the area around Hermosa Ave and Harbor Drive, including a two-way cycle track. If you can’t lose weight despite all the miles you put in on the saddle, try trading your electrolytified sugar pop for a handful of dates.

A look at the e-bike revolution at the Terranea Resort. A 68-year old man died of an apparent heart attack in Corona del Mar Sunday morning; police originally though he’d been in a bike wreck. San Diego cyclists get their first ciclovia. The principal of a Vallejo school died Friday of injuries suffered in a hit-and-run while riding in a bike lane on February 13th. A San Ramon attorney has yet to set foot in a courtroom nine months after he was arrested for the hit-and-run death of a cyclist. A Vallejo father campaigns against unlicensed drivers two years after his son was killed. A cyclist was killed on the coast highway in Northern California Sunday afternoon.

An Albuquerque cyclist wants thank the rider who helped rescue him when he passed out and severely injured himself. Still no justice for an Indiana cyclist after 2-1/2 years. South Bend considers their own three-foot passing law. According to the Boston Globe, disregard for the safety of cyclists has reached pathological levels among some drivers. A Mississippi newspaper publisher says education and common sense beat requiring helmet use. Explaining the concept of complete streets to the nation’s deadliest state for cyclists and pedestrians.

London’s deadly cycling zone proves fatal for 14 women and no men; all but one were victims of buses or large trucks. A UK cyclist suffers a broken arm in a road rage incident. A Scot cyclist for 53-years explains that riding single file isn’t always the safest option; something we need to convince the CHP. Town Mouse goes biking in Copenhagen. Belgium’s one-day Kuurne-Brussels-Kuurne classic is called on account of snow; weather has often played a role in bike racing. Temecula resident Sarah Hammer won her second gold medal at this year’s track cycling world championships in Minsk, and the sixth of her career. An Indian environmentalist is riding across the country on a seatless bicycle, averaging over 60 miles a day to spread his message. Aussie cyclists are fighting back against road rage with helmet cams. A Sydney man throws everything but the kitchen sink — including a bicycle — at the police outside his fifth floor apartment. Over half of Queenslanders think bike riders should be licensed, though a slight majority think motorists are at a fault in disputes with riders. A Kiwi cyclist is lucky to be alive after being rear-ended at over 60 mph.

Finally, you do not want to get run over in Montana.

Trust me.

Category: Bikes & the Law, Law Enforcement / Tags: , , , , ,

Update: Bike rider killed in Indio police shooting; Redondo Beach rider seriously hurt in left cross collision

February 16, 2013 / / One comment

There’s been another fatal shooting of a bike rider, this time in Indio.

And this time, it definitely wasn’t gang related.

Because the police did it.

According to the Southwest Riverside News Network, 23-year old Alejandro Renden was riding in the 82400 block of Miles Avenue in Indio around 11:30 Thursday night when a police officer attempted to stop him.

Renden attempted to flee by riding between two buildings, then got into an altercation with the same officer when he returned to Miles Ave. Somehow, the altercation escalated into an officer-involved shooting; there’s no explanation why the officer fired his gun, or any suggestion that Renden was armed.

And without that, there’s no way to judge whether the shooting was justified, though his family says he wasn’t the type to resist.

Renden was transported to a local hospital, where he died about an hour after the shooting.

He is the second SoCal bike rider to be killed as a result of gunfire this year, and the second this week.

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A Redondo Beach bike rider was severely injured in a left cross collision on Friday.

The rider, who was not publicly identified, was travelling north on Catalina Avenue at 7:55 am when he broadsided a car turning left from southbound Catalina onto eastbound Carnelian Street.

According to the Easy Reader, the 40-something male rider suffered numerous broken bones and a severe head injury, despite wearing a helmet. The victim was reportedly riding at a high rate of speed, and hit the car with enough force to shatter his racing bike into multiple pieces.

As a police spokesperson noted, a helmet offers protection at slower speeds, but is of little use in a high speed collision. However, assuming he does survive, it may be thanks to whatever protection his helmet did provide under the circumstances.

It sounds like prayers, or whatever good thoughts you’re comfortable with, may be in order.

Thanks to Jim Lyle for the heads-up.

Update: Jim Lyle forwards what looks like good news on the condition of victim. He’s now in stable condition, and thankfully appears to have avoided any significant brain injury. 

His body is another matter, however. Lyle reports the man — whose name I’m withholding unless I receive permission from the victim or his family or it appears in the press — suffered six to nine broken ribs, a broken femur, broken tibia, breaks to both wrists and hands, broken collar bone, broken clavicle, a gash to his cheek and significant road rash to his left ear.

I’m told the damage to his wrists and hands is the most serious problem, with the potential to be life changing. He’s already had several surgeries to his femur and wrists, and faces more in the morning.

I hope you’ll join me in offering prayers and best wishes for a fast and full recovery.

………

The USC cycling team hosts its first ever crit in Culver City this Sunday, along with a bike expo, children’s bike rodeo and gourmet lunch trucks from 7 am to 12:30 pm. The course will run along a route formed by Steller Drive, Warner Drive, Hayden Ave and Eastham Drive, with easy access from the Expo Line and Ballona Creek bike path.

………

SSJersey_Together-300x300The LACBC offers a stylish new kit for the spandex crowd. Having gotten my hands on last year’s edition, these come highly recommended; it’s one of the few jerseys I actually look good in.

And the bright black color is surprisingly visible during daylight hours, while the white back and colored inserts should stand out in low light situations.

The kit includes everything from men’s and women’s shorts to socks, jacket and arm and leg warmers, all priced to be as affordable as possible. But don’t wait, orders are due by March 1st.

………

LA County Supervisors adopt a new ordinance promoting bicycling, walking, exercise and access to healthy foods to promote a healthier county. An LADOT report suggests uncalming city streets; more on that next week. LAist looks at next weekend’s Bike Prom. Westwood bike lanes get a mixed response from the Westside Neighborhood Council. Better Bike endorses John Mirisch for Beverly Hills City Council. A Santa Monica letter writer complains about those damn raging cyclists, criticizing riders who use the sidewalks and the ones who don’t with equal venom; thanks to Stanley E. Goldich for the link. SaMo High is getting a new state-of-the art building — and a 125 space bike parking lot. Santa Monica’s Cynergy Cycles offers a session on Weight Training for Cyclists this Wednesday. New dad Steve Martin takes to his bike to get in shape; someone needs to work on his knock-kneed, hunched-over riding form, though.

A San Diego rider on a motorized bike suffers a serious head injury after falling as a result of a sudden stop. San Diego County considers a two-mile bike and pedestrian tube suspended from the Coronado Bay Bridge, where bikes are banned. San Diego’s Union-Tribune offers a photographic look at the Ramona High School mountain bike team. A Simi Valley cyclist with cerebral palsy gets a new bike from his friends at Ride 2 Recovery. A San Francisco writer asks what’s more practical, a ban on bikes or a ban on dangerous streets? BART considers letting bikes on their trains all day, every day.

Atlantic Cites says cars and robust cities are fundamentally incompatible. A 69-year old Provo, Utah cyclist is killed in a horrible collision as he’s hit from behind at a train crossing and pushed into the path of an oncoming train. The state also considers a vulnerable users law. Winter bike commuting can be challenging in the 49th state. Austin TX offers a new bike map with genuine road information to guide users. New Orleans begins testing a new bike share program. Hartford CT legislators want to ban riding two abreast, while Toronto moves to remove their requirement to ride single file. Boston cyclists demand justice after a grand jury fails to indict a hit-and-run truck driver who killed a cyclist. Work begins on restoring a Brooklyn bike path destroyed by Hurricane Sandy. Merchants in New York’s Crown Heights neighborhood are up in arms because a bike corral is attracting the mustachioed fixie-riding menace. An Annapolis man plans to bike to all 30 major league baseball stadiums. President Obama’s “Fix it First” approach could be good for cyclists. A Virginia writer says the state’s failed attempt to ban dooring is an ignorant vote on a good bicycling bill.

An unnamed cyclist comes to the rescue after Victoria BC police are unable to capture a fleeing driver. London’s Guardian says cities need to be less about cars and more about people to fight climate change; same goes for livability. A new device offers a better way to get traffic lights to respond to bikes. Russia’s Katusha cycling team wins its appeal after being banished from pro cycling’s top tier. After she’s hit by a car, a New Zealand mayor wants the driver who hit her to pay for a new bike and helmet. New Zealand cyclists reject a call to make hi-viz clothing mandatory for all riders.

Finally, just because you’re drunk doesn’t mean you aren’t good to drive, right? Meanwhile, the UK offers a devastating four minute video to drive home the dangers of texting; I wish someone had the courage to do something like that over here. Thanks to Dave H for the tip.

Let me add a special thanks to Nick at the Westwood Helen’s for going above and beyond by dropping what he was doing to fix my brakes on Friday. Not only did he save my opportunity to ride on a perfect day, but he may have saved my ass from  particularly nasty right hook.

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

LAPD doors a cyclist, CD11 candidates talk bikes and raft load of soggy bike links for a rainy few days

January 24, 2013 / / 3 comments

An LAPD cop nearly doors L.A. cyclist Weshigh — and seems incapable of saying “sorry,” let alone comprehending CVC 22517:

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 LACBC teamed with Streetsblog, LA Walks and Bikerowave to host it’s first ever political forum, a Tuesday night debate among the four leading candidates to replace bike-friendly Councilmember Bill Rosendahl in CD 11.

A special thanks to Will Wright, Government and Public Affairs Director for the Los Angeles chapter of the American Institute of Architects, for moderating the event.

From left: Wright, Bonin, Hess, Bostick and Sutton

From left: Wright, Bonin, Hess, Bostick and Sutton

You can view post debate interviews with the four participating candidates — Mike Bonin, Tina Hess, Fred Sutton and Odysseus Bostick — prepared by Strteetsblog’s Damien Newton.

Although it’s pretty clear who’s got the simian vote.

The next LACBC-sponsored debate will take place in Council District 1 for the candidates to replace Councilmember Ed Reyes after the Ride Figueroa on February 10th.

If you want to get involved in bike politics in L.A. County, come to the LACBC’s Civic Engagement Committee meeting at 6:45 pm next Tuesday, January 29th at the Pitfire Pizza on Second and Main Downtown.

………

It just keeps on coming, as a 44-year old cyclist is seriously injured in a head-on collision in Capistrano Beach; he reportedly drifted onto the wrong side of PCH around 3 pm Wednesday.

………

In light of l’affaire Lance, the Times dug up this story from 1989 reporting that America’s only remaining Tour de France winner was pressured to dope by his former Dutch team. And speaking of Lance, it looks like no one really buys it; although he may — or may not — have kept one local promise.

Meanwhile, former UCI chief Hein Verbruggen confirms rumors that doping cyclists were tipped off by pro cycling’s governing body; the World Anti-Doping Agency says not so fast. Reports that pro cycling is now clean may have been just a tad premature, even if some claim it’s just an accident, while South Africa plans to retest the country’s 50 top riders.

It looks like the FBI is investigating Floyd Landis for possibly defrauding those who contributed to his defense fund. And two readers file suit against Lance because they didn’t realize his books were fiction.

………

Revitalizing Boulevards in Northeast L.A. Aaron Paley looks back at the birth of CicLAvia; which is hiring a new marketing manager and director of development. The Source looks at last weekend’s Tweed Ride; so does Flying Pigeon. Spreading the gospel of bikes at the King Day Parade. LADOT wants your bike photos. Here’s one we can all relate to, as Boyonabike gets harassed for riding legally. Temple City’s Rosemead Blvd gets a major makeover, even if some — or maybe just one — of the people who live on it don’t want bike lanes. CLR Effect sees the ghosts of unloved bikes. Long Beach’s Danny Gamboa brings ghost bikes to life. A cyclist is kneed to the ground by a tow truck driver after riding in the slow lane of the 405 in today’s rain.

Sign the petition — or rather, petitions — to maintain bike funding in the California budget. Coronado approves bike corrals, which are also going in across the bay in the North Park neighborhood where I used to live. Thousand Oaks will remake an intersection to improve safety for cyclists. Talk about instant karma, as a Santa Cruz driver hits a cyclist and flees before crashing into a divider and flipping his truck; the rider was hospitalized with serious injuries. A cyclist has filed suit after he was hit by a patrol car driven by an East Palo Alto police officer. Ninety days in jail for intentionally trying to run over a San Mateo bike rider; how much time do you think he would have gotten if he’d used a gun instead? A crime so nice they did it twice, as a couple is arrested for the second time for selling hot BMC bikes. It’s safer than ever to bike commute by the bay. Bike collisions spike in Chico; naturally, police blame the bike riders.

Here’s your chance to spend the summer on the road working for People for Bikes. Register now for a free webinar on strategies to move towards zero traffic deaths; I might sign up for that one myself. Despite the accusations they hurl at cyclists, drivers only pay for 51% of road costs; you and I pick up the rest. A reminder to make sure your bike lawyer really is a bike lawyer. Turns out the bikelash is a fiction of the media, at least in Seattle, where the overwhelming majority of residents support bikes despite what the local press says; the Atlantic Cities says it’s time to declare peace in the fictional war on cars. Boulder CO sets a record for their winter Bike to Work Day. Plans are in the works for bikeways to connect communities in northern Colorado; I rode everywhere on that map when I lived out that way. Ohio police seem to make up the law as they go along, declining to charge a driver who struck a cyclist because — wait for it — he wasn’t wearing a reflective vest; thanks to Rick Risemberg and Jonathan Maus of Bike Portland for the heads-up. So maybe riding a bike to the presidential inauguration wasn’t the best idea; thanks to Michael Eisenberg for the link. And in yet another city where I used to live, one  year after a cyclist was killed and another seriously injured, bike safety is still a concern in Baton Rouge LA; actually, it’s still a concern everywhere.

After a colleague is arrested for protesting the removal of a bike lane, Toronto physicians call for more bike lanes, more quickly. One writer says cyclists present the wrong image when they show up for mass protests in cycling attire, while another says if we focus on making the roads safe it won’t matter what we wear. The UK Parliament debates the future of bicycling, but questions remain whether the country’s leaders have the will to get it done; I can’t imagine Congress caring enough to even discuss the subject. As long as bike theft is ignored, Great Britain will never be a cycling nation; the same could be said on this side of the pond. How to rebuild your bike after someone backs into it. Chinese artist Ai WeiWei creates a tower of bicycles in Italy. Beijing pledges to get tough on blocked bike lanes; something every city should do — including this one.

Finally, most of us want to be seen when we ride; now there’s a bike for those who don’t, as well as a beer carrying bike designed for DUI drivers. This is what happens when a cyclist runs a red light in Shanghai; odd that no one mentions that the car that hit him ran the light, too. And Flying Pigeon demonstrates how to bunny hop a bakfiets. 

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

Update: Bike rider illegally ticketed by pissed-off cop for non-infractions on Venice bike path

January 17, 2013 / / 20 comments

Give Yo! Venice! credit for reporting this one.

The popular website broke the news yesterday that a bike rider on the beachfront Marvin Braude bike path was ticketed by a cop for a made-up violation — simply because he pointed out the LAPD officer’s motorcycle was blocking the pathway last Thanksgiving weekend.

According to the site — and backed up by a helmet cam video of the interaction — Venice resident Chris J. was slowly riding north on the pathway when he encountered the officer blocking the entire southbound section of the bikeway, at the same time a girl on a tricycle was blocking the north side of the path.

So after going around, he — politely, evidently — informed the officer his motorcycle was blocking the path, to which the officer responded “I can give you a ticket for that.”

Next thing he knew, the cop was following behind his slow moving beach cruiser with lights flashing.

And that’s when it gets interesting.

The cyclist turned on his helmet cam and recorded the officer fumbling for something, anything, he could ticket him for. And admitting on camera that the only reason he was writing up the rider was because he had argued with him.

Politely asking a cop not to block the bikeway may not be smart, but it sure as hell isn’t arguing.

Kind of violates the meaning of “To Protect and Serve,” doesn’t it?

First the officer threatens to write up the cyclist for riding on the wrong side of the bike path. Which, to the best of my knowledge, isn’t illegal; if the same traffic laws that apply to motor vehicles also apply to an off-road, Class I bikeway — a multi-use pathway in places — this is the first I’ve heard of it.

If so, the department could make up the state’s entire budget deficit just by writing tickets on the bike path. Starting with pedestrians walking on the bike-only sections, since people generally aren’t allowed to walk in the street, either.

Of course, it would also require cyclists to signal their lane change every time they pass someone. Along with a host of equally absurd requirements never before enforced on this bike path, or any other that I’m aware of.

So Chris argues that there’s a dotted yellow line dividing the two sides of the path in that section, rather than a solid yellow line, legally allowing him to cross over it in order to pass someone.

When the officer can’t argue that point, the cop switches gears. And instead, writes a ticket for violating the state’s Basic Speed Law, for — wait for it — riding 5 mph in a 10 mph zone.

Never mind the fact that the officer appears to have made up the 10 mph speed limit, which is not posted anywhere along the bikeway. Or anywhere else that I can find, for that matter.

Instead, let’s consider that the Basic Speed Law, CVC 22350, refers only to a speed greater than is reasonable under the circumstances. It says absolutely nothing about going too slowly.

Basic Speed Law

22350.  No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.

And to the best of my knowledge, a bike path is not a highway.

But I could be wrong about that; I’ll let you know if I see a semi-truck and a few speeding SUVs rolling down it when I’m out that way this afternoon.

Maybe the officer meant to write a ticket for CVC 22400, the Minimum Speed Law. Except that pertains only to highways, as well.

Not bike paths.

And part of which only applies to vehicles subject to registration.

In other words, not bikes.

Of course, had the officer written a ticket for that, he likely would have been laughed out of court when the case comes up before a judge on Friday. As he should be for attempting to make up traffic laws on the spot in order to cite a bike rider simply because the rider pissed him off.

Which is not exactly what we should expect from a trained officer sworn to uphold the law, who should have known better.

Or at least, known enough not to admit it on camera.

And I should also point out that it’s not against the law to argue with a cop. Although it’s seldom a good idea.

If you find yourself in a similar situation, take the ticket. Then take it up with the officer’s superiors, or fight it in court.

I’ve reached out to the LAPD’s bike liaisons for the West Traffic Division to see what they have to say on the subject. So far, I haven’t gotten a response; I’ll let you know if I do.

Update: According to KNBC-4, Detective Gus Villanueva of the LAPD’s Media Relations Section says the ticket was canceled “in the interest of justice,” and that the department was conducting an investigation into the officer involved.

Yo! Venice!, which has done a great job keeping on top of this story, reports that the officer involved works out of the West Traffic Division; still no response from the bike liaison from that Division. 

Category: Bikes & the Law, Law Enforcement / Tags: , , , , , , ,

Reading between the lines — did California Governor Jerry Brown kill a bike rider with his pen?

December 27, 2012 / / One comment

Sometimes the irony is as tragic as it is overwhelming.

It was just a few years ago that the New Jersey Star-Ledger published an editorial ridiculing efforts to pass a three-foot passing law in the state — one day after printing a story proving the need for it.

The paper said that while they supported “protecting bicycle enthusiasts,” they feared a society in which drivers could get a ticket for passing a cyclist at just 2’11”, and called the proposed law unenforceable.

Pity they don’t read their own newspaper.

Just 24 hours earlier, they’d run a story about a 78-year old man who died after being passed so closely by a school bus that witnesses thought the driver had hit him. Police initially investigated the death as a hit-and-run before concluding that the bus never came in contact with the rider.

It just passed so closely that the rider, an experienced cyclist who averaged 5,000 miles a year on his bike, lost control and fell, fatally, off his bike.

Something a three-foot law might have prevented. Or at the very least, could have provided a basis to charge the bus driver for his death.

Now we have a very similar situation right here in California.

Except instead of an editorial providing an ironic context, we have the veto pen of a misguided governor to blame.

And instead of a 78-year old victim, it was a visiting professor at UC Berkeley who died when he was passed by a dump truck last July.

Israeli professor Shlomo Bentin, a renowned expert in cognitive neuropsychology, was riding his bike next to a line of cars when he was buzzed by the dump truck — once again, so close that witnesses at the scene believed the truck had hit him.

Yet investigators, relying on video, interviews and forensic analysis, concluded that the truck never made contact with the rider.

And even though state law requires drivers to pass at a safe distance without interfering with the safe operation of the bicycle, authorities felt they didn’t have enough evidence to make their case.

Something that probably wouldn’t have been a problem if we had a three-foot passing law in place.

Anyone who has ever been in Bentin’s position knows the sheer terror that comes with having a massive, multi-ton vehicle mere inches from your elbow.

It takes near-superhuman self control not to overreact in that situation, where the slightest mistake could result in a serious, if not fatal, collision with the passing vehicle – or a crash into the parked cars on the right that could throw you under the truck’s wheels or into the path of following cars.*

Or cause you to simply fall on your own, as Bentin and the rider in the New Jersey case appear to have done with tragic results.

And make no mistake. While most falls from a bike are harmless, any fall can be dangerous.

Yet thanks to the veto pen of our misguided governor, California drivers still have no standard in place to tell them what is and isn’t a safe passing distance.

And as this case clearly shows, any pass that doesn’t actually come in contact with the rider is effectively legal under current law.

Even if the rider dies as a result.

Had the governor not vetoed two straight safe passing laws — including one he indicated he would sign after vetoing the first — Shlomo Bentin might be alive today, training the next generation of neuropsychologists.

Or at the very least, the driver could have been held accountable for fatally violating the three-foot rule, rather than walking thanks to the current nebulous and virtually unenforceable standard.

Instead, the governor traded our lives, not for the implausible reasons he gave for his vetoes, but as a political favor to groups he evidently felt were more important than mere bike riders. Or so I’m told by people in a position to know.

Bentin’s body should be laid at Governor Brown’s feet — figuratively, if not literally. Because he’s traded the safety of every bike rider on California streets for political expediency.

And he should be held accountable, morally and politically, for Bentin’s death, and any other cyclists who have been Jerry Browned following his vetoes, or will be.

Our governor has blood on his hands.

And nothing he can do will wash it away.

*If you find yourself in a similar situation, the best course of action is to bail to your right if there’s room — even if that means going over a curb or off the roadway; road rash or a broken arm is a lot better than getting run over. If there’s no room to your right, hold steady and try not to react in any way; it’s not easy, but this is one situation where doing absolutely nothing could save your life.

………

A Canyon Country bicycle advocate was seriously injured in a collision on Saturday.

Kevin Korenthal was riding south on Little Tujunga Road when a 16-year old driver lost control rounding a curve, crossed the center line and hit him head-on. He was airlifted to the hospital, where he underwent 7 hours of surgery for injuries including three broken vertebrae in his neck and back, as well as a broken wrist, tibia, fibula, scapula and femur.

The founder of the Santa Clarita Valley Trail Users, Korenthal lost his lower left leg as a result of another cycling collision 21 years ago; the latest crash left a steel rod in the amputated leg bent at a 45-degree angle.

Thanks to Michele for the heads-up.

………

Finally, the Times offers a great look at L.A.’s jet-beating Wolfpack Hustle.

Surprisingly — or maybe not so much, given the number of cyclists who work for the Times — it offers a fair, balanced and objective look at a leading segment of the city’s formerly underground bike culture.

Although as usual, some of the comments leave something to be desired.

Category: Advocacy & Politics, Bicycle Safety, Injuries and Fatalities, Law Enforcement / Tags: , , , , , ,

A simple four — or maybe five — point plan to end hit-and-run in California once and for all

December 7, 2012 / / 15 comments

The news hit like a bombshell Wednesday night.

After years of ignoring the problem, the Los Angeles press discovered the city’s hit-and-run epidemic when the LA Weekly unveiled an extensive examination of what may be the city’s most common crime.

The article, by writer Simone Wilson, cites the shocking news that 48% of all L.A. collisions are hit-and-runs. Or at least, shocking to anyone who hasn’t been fighting to call attention to the problem, and trying desperately to get city officials to actually do something about it.

Although to be fair, in the meetings I’ve attended, LAPD has consistently said that roughly 33% percent of all collisions are hit-and-runs, based on COMPSTAT data. And unfortunately, the Weekly doesn’t explain where they got the higher figure.

But either way, it’s too damn high.

I won’t recap the article here. If you want the short version, you can get it from LA Streetsblog or The Atlantic Cities; if there’s any justice at all, it will soon be picked up by the larger mainstream press.

Or better yet, click the link in the second paragraph and read the full article yourself. And try to retain the contents of your stomach when you do.

The question is what can we do about it.

Most of the efforts by advocates working to do something about the problem have focused on addressing it after the fact.

Like raising the profile of the crime to put it on equal footing with other violent crimes. And increasing the number of officers assigned to investigate hit-and-run collisions — particularly those involving serious injury. Which won’t be easy given that the department is desperately trying to avoid further budget and staffing cutbacks.

Meanwhile, others, such as the recent Life Before License campaign, have focused on ensuring that drivers who aren’t willing to observe the most basic requirement to remain at the scene of a collision will have their driver’s licenses suspended — something that has failed to happen in a shocking number of cases.

Which sends a clear message just how seriously our courts don’t take traffic crimes.

All of these efforts are important, and deserve our support.

On the other hand, I’d rather stop hit-and-runs before they occur by changing state law to remove the incentive to flee. And making the cost for running away so steep that no one in his or her right mind would think it’s worth the risk.

Long-time readers may recall that I’ve advocated a three-point plan to do just that. And recently added a fourth to address the heartless bastards who leave their victims to die on the street.

1. One of the most common reasons people take off following a collision is that they’ve been drinking or are otherwise under the influence of something. Yet current state law actually encourages drivers to flee by making the penalty for hit-and-run less onerous than the penalty for DUI. So we should start by removing that incentive, as Colorado did at the urging of cyclists, by making the penalties for hit-and-run equal to the penalties for DUI.

However, given California’s current prison overcrowding, it’s highly unlikely that anyone convicted under a toughened law would serve their full sentence. So I suggest we take it further.

2. Anyone who leaves the scene of a collision should have their license automatically revoked — not suspended — by the DMV. By committing the crime of hit-and-run, they’ve shown a callous indifference to both the law and the lives and safety of others, and are undeserving of the privilege of driving. By making this an administrative action, it can be taken regardless of whether the driver is ever charged or convicted. The driver would have to go before an administrative judge to request the right to apply for a new license — and should face a higher standard to get it.

3. Hit-and-run is the only crime where the criminal is allowed to keep the weapon he or she used, even after a conviction; after all, bank robbers aren’t given back the gun they used. Any car used to commit a hit-and-run should be impounded as evidence until a decision is made on whether to file charges or until the trial is concluded. If the driver is convicted, the vehicle should be seized by the state and sold, with the proceeds going to the victim. After all, the state can already seize cars used in drug crimes or to solicit prostitutes; isn’t running away after killing or injuring another human being just a little more serious than trolling for a blowjob?

And I guarantee people will think twice about running away if they have to continue making payments on a car they don’t own anymore.

As I mentioned, I’ve recently added a fourth item to this list, after one too many cases in which a hit-and-run driver has left their victim to die on the streets — yet authorities can’t manage to find anything to charge the driver with that’s in any way commensurate to crime.

4. The greatest tragedy in any fatal hit-and-run is that in many cases, the victim might have been saved with prompt emergency care. But instead of calling for help, the drivers run off, leaving their victims to suffer and die alone, when they might otherwise have been saved. So prosecutors should be encouraged — if not required — to file unpremeditated degree murder charges in any case where there’s even the slightest possibility the victim might have survived if they’d gotten help.

It’s a tough approach. And quite frankly, despite discussions with a few state legislators, I’ve yet to find one willing to take up the fight.

They’d rather pretend the problem doesn’t exist. Or that nothing can be done about it, while countless cyclists, pedestrians and motorists continue to bleed.

Or die.

Then there’s one other element that should be considered.

Every police officer with whom I’ve discussed the problem of hit-and-run, without exception, has said there are two primary reason drivers flee. First, because they may be intoxicated, or second, because the drivers may be undocumented, with no license or insurance.

Of course, there’s also a third, somewhat smaller category. Some people are just gutless assholes who refuse to take responsibility for their actions.

But until we allow all residents of the state — whether or not they are here legally — to apply for a license and buy the insurance required by law for all drivers, we will continue to give them a reason to run away.

It doesn’t mean we are legitimizing their status; the state does not have the power to do that.

It just means that we recognize the problem.

And it’s long past time we did something about it.

Update: Since this piece was written, California has approved driver’s licenses for people in the country without valid documentation. 

So that’s one down, four to go.

Category: Advocacy & Politics, Best of, Bikes & the Law, Hit-and-Run, Law Enforcement, Legal Cases, Violence & Crime / Tags: , , , , , ,
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