Archive for Legal Cases

Update: Driver faces charge for August death of Debra Deem in Newport Beach

January 25, 2014 / / 2 comments

Maybe there will be justice for Debra Deem after all.

According to CdM Today, a misdemeanor charge of vehicular manslaughter without gross negligence has been filed against 84-year old Irvine resident Robert James Anderson, the driver who took her life in a Newport Beach collision last August.

The site reports the case was filed last Friday, and he’s expected to be arraigned on February 3rd.

Deem was riding west on East Coast Highway just east of Newport Coast Drive at 4:28 pm on August 28th when she was struck by a white minivan driven by Anderson.

The van as traveling in the same direction as Deem; however, it’s not clear if her bike was struck from behind or if he turned into her. Police merely say Anderson made an unsafe lane change that resulted in the collision.

Several people who ride through the area suggest that the design of the intersection, with a dangerous transition from the shoulder bike lane through the freeway-style interchange, may have contributed to the collision.

Deem was the wife of local cycling legend Paul Deem, a former Olympic cyclist and the owner of the Cycle Werx bike shops in Costa Mesa and San Clemente.

According to the Daily Pilot, the charge carries a maximum sentence of one year in county jail.

To be honest, though, as much as I believe in justice for all cyclists, I’m not sure what good there is in sending an 84-year old man to jail. The real benefit may simply be getting a driver who may be too old to drive safely off the roads.

Then again, that probably should have been done long before the collision that took Debra Deem’s life.

Thanks to Amy Senk and Jeffrey for the heads-up.

Update: More information from the Orange County Register; for a change, the story isn’t locked up behind their paywall. 

The paper reports neither speed or alcohol appeared to be a factor in the collision. In an interview, Anderson says he has only received on traffic citation in his life, oddly, for another improper lane change in 1966.

According to his lawyer, witnesses to the collision said Deem left the bike lane when she was cut off by another driver, placing her bike in the path of Anderson’s van. The lawyer says he never saw her. Or rather, never had a chance to see her.

Reading between the lines, it sounds like prosecutors will argue that if Anderson hadn’t made the illegal lane change, Deem’s bike wouldn’t have been in front of him. Or at the very least, he would have had a chance to see her and react.

Then again, her bike should have been clearly visible in the bike lane before any of this unfolded.

And the tragedy is compounded by the heartbreaking effect it’s had on her husband.

“My initial thought was ‘accidents happen,’ “ he said. “People get in a hurry. I’ve been in a hurry. Fortunately I’ve never killed anybody.”

But he keeps thinking about the unfairness of the situation. He lost his wife and later, he said, his house.

“I’m not quite sure what Mr. Anderson’s losing in this thing,” Deem said. “He doesn’t lose his house. If I sue him for wrongful death, he files for bankruptcy and keeps his house and life goes on. I’ve lost my life. … From a justice standpoint, I’ve lost everything.”

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

Horrific DUI hit-and-run case goes on trial, bicycling may be safer than you think, and a Saturday San Gabriel ride

January 17, 2014 / / 3 comments

Before we start, a little housekeeping.

Note the addition of four new pages at the top of this site. Hopefully, they’re self-explanatory.

Facts & Stats is exactly that, a random collection of bike facts and statistics that will continue to grow as we stumble upon useful and/or interesting information — including the bit about bike safety a little further down this page.

Resources is a listing of things bicyclists may need, from information on the city’s cyclist anti-harassment ordinance and the seemingly dormant Cyclists’ Bill of Rights, to the LAPD’s Bike Liaisons and a listing of lawyers experienced in bike cases.

Organizations lists bike advocacy groups on the national, state and local levels, as well as local riding groups.

Bike Shops & Co-ops provides links to a small listing of local bike shops that I recommend, or that have been recommended to me; obviously, there are too many shops in the LA area to list them all. In addition, you’ll find bike co-ops and other bicycle services, as well as locally based manufacturers and online retailers. Other online retailers may be added down the road, but the idea is to support local bike shops and builders.

All of these should be considered works in progress. So if you have any suggestions, feel free to leave them in the comments or email the address on the About page.

And I promise to update the Events page now that things are finally getting back under control.

………

Somehow, I’d forgotten all about this case. Maybe because it didn’t involve a bike rider.

Just a drunken Torrance drug and alcohol counselor who hit a pedestrian so hard she knocked him out of his pants and boxers. Then drove two more miles with her dying victim lodged in her windshield, naked from the waist down. And turned away from the emergency room that could, maybe, have saved him.

Consider this from The Awl.

When Wilkins had pulled into the gas station with a pantless (Phillip) Moreno embedded in her windshield, her blood alcohol level was .17. That’s twice the legal limit. There were traces of THC and benzodiazepine in her bloodstream. When police searched her car they found two empty mini-bottles of Absolut Vodka and a 40-ouncer, along with a receipt that showed it’d been purchased that evening.

That driver, Sherri Lynn Wilkins, is on trial now in a Downtown LA courtroom in a case that’s expected to take three weeks.

With two prior felony convictions, she faces life in prison if convicted of vehicular manslaughter, which would be her third strike.

I have a lot of sympathy for people who struggle with drug or alcohol addiction. But anyone who could do what she did deserves to go away for a long time.

Take a few moments, and read Natasha Vargas-Cooper’s story from The Awl. It’s very well-written, and a very powerful read.

Though perhaps one that’s best done on an empty stomach.

Thanks to Geoff Stiltz for the heads-up.

………

Ever wonder how safe bicycling really is?

According to the 2010 National Bicycling and Walking Study, Americans took 4 billion bike rides in 2009; resulting in an estimated 52,000 injuries, while the national FARS database recorded 628 deaths.

As a result, the odds of returning home unscathed that year would have been nearly 77,000 to one in your favor, while the odds of surviving any given ride were an overwhelming 6.3 million to one.

And yes, deaths and injuries have gone up since then, but so has ridership. If anything, your odds could be even better today.

So don’t let the bad news scare you off. Even if you’ve seen far too much of it here lately.

As for me, I’ll gladly take those odds. Especially when the health benefits of bicycling significantly outweigh the risks.

Thanks to People for Bikes for the top link.

………

City leaders are finally talking Vision Zero. Just not in this city.

New York’s new mayor follows through on his campaign promise for a Vision Zero; even if new NYPD Chief Bratton’s famed data blames the victims. And San Francisco steps up to the plate to stop killing cyclists and pedestrians.

Even new US DOT Secretary Foxx says it’s time to make bike and pedestrian safety a priority.

Los Angeles?

<crickets>

………

Update: Ride cancelled due to smoke from the Colby fire.

This Saturday my friends Jon Riddle and Sarah Amelar, authors of Where to Bike Los Angeles, are hosting their latest monthly ride through the LA area — this time a tour of the San Gabriel foothills.

Saturday, January 18, 2014 – 8:30am

When: Saturday, January 18;  Meet at 8:30 a.m., ride at 9:00 a.m.

Where: Classic Coffee – 148 North Glendora Avenue, Glendora, 91741 (Meet in the public parking lot behind Classic Coffee)

This is the 2nd edition of our very first Touring LA County ride—a tour in the San Gabriel foothills along the northeastern fringe of urban Los Angeles. Rich in history, variety and natural beauty, the area is home to some of LA County’s earliest small cities: Monrovia (incorporated in 1887), Azusa (1898) and Glendora (1911). Two river bike-path systems — along the San Gabriel and the Rio Hondo — tie together the ride, passing along the Emerald Necklace, an evolving string of pocket parks and greenways. The route also includes the Royal Oaks Bike Trail (a rails-to-trails path on the old Red Line trolley right-of-way) and a foray into Monrovia Canyon Park, with its forest and streams.

Ride Length: 46 miles

Ride Duration: About 5-6 hours, including stops

Hopefully, the Colby Fire will be out by then, and everyone can enjoy some good air to breathe.

And mark your calendar for a new Los Angeles Bicycle Commuter Festival and Summit on Sunday, February 16th.

………

Streetsblog’s Damien Newton finds problems with the mayor’s recent traffic collision. LA City Council members want to set rules for how long ghost bike should stay up; how long do the victims stay dead? New Virgil Ave bike lanes officially open on Saturday. New semi-green bike lanes on UCLA campus. Neon Tommy explains why traffic sucks in Century City. Looks like a massive Boyle Heights roundabout is finally moving forward; no word on whether they plan to accommodate bikes or use us as bumper fodder for speeding drivers. Great idea, as a last-minute effort attempts to save the Figueroa-Riverside Street bridge as an elevated parkway for cyclists and pedestrians; as usual, the city says no. On the other hand, we should get a new bright orange Taylor Yard bike and pedestrian bridge soon. UCLA Today interviews parking meister Donald Shoup. Glendale gears up for the 2014 Jewel City Ride next May. Massive new Burbank Ikea will have 1,726 parking spaces — and 86 for bikes.

When your bike becomes your frenemy. San Diego’s acting mayor sees a world-class bike city in the town’s future. A 71-year old Riverside County rider is injured when she allegedly turns into the path of an oncoming motorcycle. Thousand Oaks cyclists get new bike lanes on a bridge, but no safe way to get to them. UC Santa Barbara student committee works on improving bicycling on campus. It takes a real schmuck to assault an 11-year old Bakersfield boy to steal his BMX bike. A 70-year old Antioch cyclist is killed in a collision; witnesses report he ran a red light, not something most 70-something riders are normally prone to do. Napa cyclist responds to hate speech graffiti.

Four 5x goals from People for Bikes. Protected bikeways mean business. Elly Blue writes about riding out your period. High speed Seattle road ragers crash multiple times, on purpose. Washington farmers say bikes and trees are incompatible; seriously, I can’t make this crap up. Headline of the day: If smartphones are so smart, why don’t they tell drivers to watch the road? Chicago lawyer goes after taxi that apparently hit a cyclist, only to find the real culprit. Chicago celebrates winter Bike to Work Day; strange that we don’t have one when our weather is so much better. Unlicensed Illinois teenager gets five years for killing a nine-year old bike rider. Tennessee teens pepper spray a cyclist from a passing car. A Massachusetts cyclist is run down by a drunk driver early New Year’s morning after his mother warned him not to go out. Utica NY driver ticketed for failing to pass safely after running down a 74-year old woman with a reputation for “recklessly bicycling in the street;” no, really, that what they said. Cars don’t kill people, irresponsible drivers do; amen brother. Florida police catch a bike riding cross-dressing bank robber. Miami cyclists want the mayor to ride with them to see why riders are getting run down on a city causeway.

In a case eerily reminiscent of the Torrance tragedy above, a Brazilian motorist drives 6 km — 3.73 miles — with the body of his bicyclist victim embedded in his windshield. Maybe bike forks don’t have to be angled after all. Brit motorcyclist tries to kick a bike rider into traffic. Britain needs more cyclists. Britain’s bicycling minister sees a future for everyday riders the current streets can’t support; at least they have a cycling minister, unlike some countries I could name. As long as we’re introducing crazy laws for cyclists, here’s three more. We don’t need no stinking elevated bikeways. Spaniards riot over plans for a bike-friendly boulevard. Think your ride’s tough? Try a 12,000 km race across Africa. Kiwi driver gets 32 months for pushing a triathlete off his bike in a road rage attack. Family of a fallen New Zealand cyclist forgives the driver she collided with, saying he did nothing wrong; that’s class. Aussie pro quits his comeback due to a dangerous heart arrhythmia. Australian judge loses her license for a whole eight months after hitting a cyclist while driving under the influence, but at least she’s barred from hearing alcohol and traffic cases.

Finally, CNN looks at the future of bicycling, which oddly doesn’t include just getting on a bike and going for a ride. And that would probably please a Santa Monica letter writer, who wants to rein in all those killer bike riders on the boardwalk.

Sadly, I’ve gotten word of yet another apparent bicycling fatality, but haven’t been able to get confirmation yet. Let’s hope Friday will bring better news.

Category: Bicycle Safety, Bike Events, Car vs Bike, Hit-and-Run, Injuries and Fatalities, Legal Cases / Tags: , , , , , , , , ,

Good news and bad news: LAPD makes hit-and-run arrest; bike rider killed in Compton

January 15, 2014 / / 4 comments
Ghost bike for Compton victim Pete; photo by Danny Gamboa

Ghost bike for Compton victim Pete; photo by Danny Gamboa

Let’s start with the bad news.

No details yet, but I’ve received confirmation that a bike rider was killed in Compton Tuesday night or Wednesday morning.

As if the photo that’s circulating online wasn’t confirmation enough. And no, I’m not going to share it here.

According to the reports, he was killed while riding his bike at Compton Blvd and North Dwight Ave. Friends of the victim, who identified him only as Pete, confirm that he was hit by a car sometime before 5 am Wednesday morning and died at the scene; the driver remained at the scene following the collision.

Judging by the photo of the victim, he appears to be a bearded white male with grey hair, possibly in his 50s or 60s.

No other information is available at this time.

This is the 7th bicycling fatality in Southern California this year, as we maintain the horrific every-other-day pace since the first of the year. And it is the third cycling death in LA County this year, which suffered an intolerable 39 bike-related deaths in 2013.

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

Thanks to Danny Gamboa for the heads-up.

Update: I didn’t recognize the corner, but Gamboa points out it’s the same intersection where Ovidio Morales was killed in a still-unsoved hit-and-run in 2010; his ghost bike is still there across the intersection. 

He reports one of the victim’s friends said he was a good man who struggled with alcohol, and was in and out of treatment programs.

As the photo suggests, neighbors have placed candles in his memory.

………

Gamboa also forwards word that an arrest has been made in the hit-and-run death of a Panarama City man, who has not been publicly identified at the request of the man’s family.

According to a press release from the LAPD,

Fatal Hit And Run Driver taken into custody

On January 13, 2014 at 6 PM Valley Traffic Division Detectives arrested a 46-year old male, Rene Amaya of Panarama City on suspicion of the felony hit and run (20001(a)VC) death of a bicyclist, which occurred on December 23, 2013, at the intersection of Burnet Ave and Lanark St in the Community of Panarama City, California. Bail was set at $50,000.

Maybe someone can explain to me why we continue to grant such a low bail to someone who has already demonstrated a willingness to flee after taking a life.

Category: Bicycle Safety, Hit-and-Run, Injuries and Fatalities, Legal Cases / Tags: , , , , , ,

14-year old bike rider fatally shot, a painful email from the family of a fallen cyclist, and I beg shamelessly

December 17, 2013 / / One comment

Before we start, several people have asked me lately how they can support the new BikinginLA.

The easy answer is just keep reading, and keep coming back. And keep sending in those news tips, whether in the comments or through the email address on the About page.

But if anyone wants to contribute financially to help support me and my work here, you’ll now find a Donate page on the links at the top of this page. There will be more options for donations, sponsorships and advertising soon, but for the time being, you can contribute directly to my PayPal account.

Please don’t feel pressured or any obligation. Especially this time of year, there are so many demands on your wallet, and so many higher priorities.

But any contribution, in any amount, is greatly appreciate.

………

One more bike rider is dead. Yet another young woman will never grow up.

This time, it wasn’t the result of a careless or distracted driver, or even scofflaw cyclist. It was a different kind of violence on our streets that took the life of 14-year old Alicia Gomez, gunned down as she rode her bike in Compton.

Police have described her as a known gang member, and characterized the shooting that took her life at the corner of Elm and Alameda streets as gang-related.

That’s exactly where most of us stop paying attention. Another gang shooting, another homicide in Compton, where 213 people, innocent and otherwise, have been murdered in the city since 2007.

She may have died a gang member, but she also died as one of us.

And more importantly, she died a young woman barely in her teens, who will never be a day older. Another life lost to the violence we continue to tolerate on our streets.

Let’s pray that she’s the last one.

………

Every bicycling death is tragic. Every fatality leaves a heartrending hole in the lives of his or her loves ones, and in our world.

Yet some seem to be particularly haunting, a metaphorical ghost bike within our own hearts, remaining long after the news has faded.

For me, the needless death of Donnie McCluskey is one of those.

Maybe it’s because it could have happened to any one of us. He was nothing more than collateral damage in a wreck between a drunk driver and a red light running minivan operator; after the initial impact, the van spun out of control and smashed into McCluskey as he waited at the red light.

If he’d run the light, as so many accuse us all of doing, he might be alive today.

Or maybe it’s because of the online conversations I’ve had with his family from time to time, as they’ve shared the latest updates on his case, or just the pain of his loss in the year and a half since he was taken from them.

It makes me feel like I’ve lost a friend I never knew.

Over the weekend, I heard from his sister Pattie McCluskey-Andre once again, this time to report the final disposition of the case against the driver responsible for Donnie’s death.

With her permission, I’ll share it with you.

Dear Ted,

Re: Donny McCluskey, bicyclist, killed April 18, 2012 in Rancho Mirage while waiting for the light to green.

Final day in court was December 13, 2013.  The DA never lowered or altered the original charges (not sure how much our participation from the start helped). Much to our collective relief, the driver and the judge all seemed to understand the devastation caused by this accident.  My brother was honored with a judge who appreciated that this was a death that was indeed avoidable and gave Donny his day in court.

The driver had lost 80 pounds since the accident; he spoke of his nightmares and his thoughts of Donny every time he entered an intersection. The driver cried during the entire sentencing. His remorse was so complete that he stated that he wished daily that it had been him instead of Donny who was killed.

The judge suspended his driver’s license for a year, placed him on probation for 3 years. He was not given jail time secondary to our family’s request that he perform community service instead, which was also given to him.

Ultimately, there is no closure but the ability to go forward and pay it forward. Drivers need to be held accountable whenever they are negligent and dangerous causing the death of another human. I truly feel the driver in this accident placed a deeper punishment on himself then we would ever impose. My family offers forgiveness to this man so he can forgive himself.

RIP Dear Brother, we love you, we miss you everyday and we will continue to tell your story.

Again, thank you for being the voice of cyclists,

Patti

There’s a lot of pain and a surprising amount of compassion in that email. Let’s hope, now that the case is settled, the family can finally find peace.

And this holiday season, they can remember the joy they shared with him, instead of their loss.

………

News of this weekend’s upcoming Route 66 ride promoted Alan Thompson to send word that the Southern California Association of Governments (SCAG) has been working with the Adventure Cycling Association, Caltrans and local advocacy groups to develop a SoCal leg of the planned Bike Route 66. It will follow the path of the legendary highway, giving riders a route from Chicago to LA.

I wonder if my wife would let me ride that one.

………

LA County Sheriff’s deputies have now been involved in the deaths of three people in the last week.

………

Turns out a new Calgary cycle track not only boosts ridership, but improves the flow of motor vehicle traffic, as well.

………

Finally, an Aussie cyclist responds to a roadway dispute by reaching into the driver’s car and riding off with his keys. A Menlo Park rider brings home the family Christmas tree by bike. And there may be a reason the next cyclist you see is smiling and moaning uncontrollably; then again, it’s not exactly a new idea.

 

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

Bus driver who killed Udo Heinz may have been distracted; and a long list of Monday links

November 24, 2013 / / 8 comments

Official results aren’t expected from federal investigators until the end of the month in the death of Udo Heinz, the popular San Diego cyclist killed by a bus while riding on Camp Pendleton last August.

However, San Diego’s NBC-7 confirms that Heinz and two other riders were hit from behind, as reported here earlier, rather than sideswiped as reported in other press accounts. And reports — or strongly implies — that the bus driver was illegally using a handheld cell phone at the time of the collision.

………

Streetsblog’s Damien Newton questions the courage of CD5 Councilmember Paul Kortez following his recent kowtowing to Westwood homeowners. UCLA unveils a new on-campus bike counter, while less bike-friendly cross-town rival USC reneges on promises for street improvements. Touring LA without a car. Santa Monica could see new green bike lanes on Main Street and Broadway, pending Tuesday’s SaMo city council vote. Cycling in the South Bay isn’t shocked by doping by masters racers. The new bike team at Cal State Long Beach is starting to make waves. The Pomona Valley Bicycle Coalition is hosting a fund raiser at the Dale Bros Brewery on Saturday, December 14th. BikeSGV discovers newly installed protected car parking, uh, bike lanes.

Palm Springs could become more bike friendly. Santa Cruz cyclists get a new off-road dirt bike course. If you’re riding with an illegal blackjack and two outstanding warrants, stop for the damn stop sign, already. A cyclist suffers major injuries when his bike is rear-ended on the Stanford campus; fortunately, a second car only hit his bike. SFist asks if San Francisco is the most bike-friendly city in the country; uh, probably not. Salinas cyclist killed after allegedly running a stop sign; but if the driver had the sun in her eyes, who saw him run it? Napa Valley paper asks if California’s laws are enough to keep bicyclists safe. Improve safety by designing roads for cyclists.

Treehugger says let’s stop calling the deaths of cyclists at the hands of negligent drivers accidents; I couldn’t agree more. Reflective vests don’t have to look like crap. A 78-year old driver kills cyclist participating in El Tour de Tucson bike race, even though the rider “did everything right.” Seattle spends $225,000 for a special bike lane street sweeper. Boulder CO bike advocates question lenient penalties for drivers who kill or injure cyclists; actually, I think bike riders everywhere question that. Chicago driver jerks — with emphasis on the jerk — his vehicle into a cyclist after the rider asks him to stop playing video games while driving. A Tennessee town misinterprets local law to ban children from riding bikes on city streets. Actually, new Boston sharrows – even on steroids — don’t give priority to cyclists or motorists; that’s kind of the point of a shared lane, no? Maryland grand jury gives an aggressive driver a pass for fatally not passing a cyclist. Bipartisan support for bicycling baffles the media. A Florida rider corrects the misconception that salmon cycling is safer.

Bicycling British writer politely responds to the very unfunny, anti-bike troll she has the misfortune of sharing the planet working with. New report says the UK is falling behind on bike safety. London’s Police Commissioner says he’s afraid to ride a bike and that only poor people do, then backs off on his own comments. On the other hand, Bristol’s police chief says he’s one of us, while the city steps up enforcement against both cyclists and motorists. The Independent says cyclists and motorists should be on the same side. Brit author and WWII survivor is run down by a driver blinded by the sun. A Scottish letter writer calls for £500 — $811 — fines for rogue cyclists; I wonder how many rogue drivers face fines anywhere near that? Former pro rider Arnaud Coyot was killed in a French car crash on Sunday. Former world time trial champ Emma Pooley is back in the saddle after taking time off for her PhD. American triathlete is forced to pay blood money to leave Abu Dhabi after colliding with a race volunteer who ran into his path. Kiwi cyclist confesses to being less of a rebel, with more of a cause. Are Australian cities underestimating the potential for bicycling? Aussie cyclist gets five years for fatally pushing a 71-year old woman who got in the way of his bike. A new bike safety campaign wants your help in reporting articles about cyclist/driver incidents; thanks to Megan Lynch for the heads-up. A Tokyo police sergeant is under investigation for trying to stop a rash of bike thefts; yes, you read that right.

Finally, a British Lord claims bike riders want to get run over so they can film it; personally, I’ll pass, thank you. And a London cyclist says he’s okay, but everyone else sucks. Then again, he’s probably never had to defend himself from a family of elk.

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

Alleged hit-and-run killer of Jesse Dotson faces charges; LA bike share dead in the water

November 7, 2013 / / 2 comments

Last night’s breaking news meant a couple other important stories got pushed aside.

Like the news that we may finally see some justice for the death of Gardena bike rider Jesse Dotson.

According to the LA Times, Vanessa Marie Yanez, the 23-year old daughter of an LAPD Sargent, pled not guilty to charges of vehicular manslaughter and hit-and-run, as well as a perjury charge for lying to police investigators by claiming her car had been stolen.

Dotson was riding to work at the local post office just before 10 pm on Wednesday, October 26th when he was allegedly run down by Yanez’ car. She reportedly left him to die in the street, then drove to meet a friend at a Huntington Park club before reporting her car stolen in hopes of evading responsibility.

Her father was not charged, despite extensive speculation that he may have actively aided in the cover-up, or at least been aware that his daughter had been involved in a hit-and-run.

According to the Daily Breeze, Yanez faces up to six years in prison.

Meanwhile, Dotson’s family faces a lifetime without their husband and father.

Thanks to Jim Lyle, Linda Campbell and Mike D for the heads-up.

……..

In news that should surprise absolutely no one, LA’s long-promised Bike Nation bike share program appears to be dead in the water.

The announcement of the bike share plan was unexpectedly made at the April, 2012 CicLAvia, apparently with no competitive bidding — or much thought, for that matter.

Now the Downtown News reports that the program appears to be on terminal hold due to the city’s famously burdensome permitting problems, as well as a contract giving exclusive rights to advertise on sidewalk furniture to another company. Without the income from advertising, it would be impossible for Bike Nation to make a profit on the program, which they had promised to provide at no charge to the city.

The good news is, without the Bike Nation program in the way, Metro is free to explore a county-wide bike share program, which may or may not include Bike Nation as a participant. And which could prevent the Balkanization caused by each city developing their own incompatible bike share systems.

……..

Connecting UCLA is attempting to start a conversation on traffic and mobility surrounding the campus, and how that affects the livability of the neighborhoods around it.

So far, the conversation is surprisingly civil.

Then again, there’s only two comments up to this point.

……..

Finally, a San Bernardino patrol car left crosses cyclist, resulting in minor injuries. And of course, the local press blames the rider. The question is whether the SBPD will hold their own accountable for cutting off the bike rider, or follow the Sun’s lead in blaming the victim.

And a Brit writer complains — tongue-in-cheek, by his own account — that far too few bike riders are being killed on the country’s roads. Is hate any less ugly when it’s well written, or when you’re supposed to get the alleged joke?

Category: Hit-and-Run, Injuries and Fatalities, Legal Cases / Tags: , , , , , ,

BikinginLA takes on the Times Opinion page, and arraignment delayed for killer OC DUI driver

October 23, 2013 / / 5 comments

If you’re wondering why there was no post yesterday, here’s one reason.

The LA Times Opinion page continues their excellent series on Sharing the Road in LA with an insightful rebuttal written by the author of BikinginLA to an earlier editorial saying cyclists don’t belong on Wilshire Blvd on the Westside.

Wait, that’s me.

………

Yesterday’s planned arraignment of Hasti Fakhrai-Bayrooti, the 39-year old lawyer charged with killing OC bike rider Eric Billings while on a cocktail of prescription drugs, has been postponed until December 6th.

Fakhrai-Bayrooti denies she was impaired when she killed the popular father and Mormon elder, despite suggesting that she had no idea what was happening and no control over her car as it drifted into the bike lane.

Yeah, that’s credible.

………

The Los Angeles Wheelmen are forced to cancel their annual Five County Century after the Forest Service demands a permit to use public roads and rest stops on federal land — even though it had gone on permit-free since 1984.

Despite working out other alternatives, the last straw was the USFS refusal to allow sag wagons to stop on federal roads to aid riders in distress.

Seriously.

Something tells me they’d let a tow truck stop to aid a disabled motorist.

And they’d probably permit an ambulance to rescue riders after they’re forced to keep going despite being at the end of their capabilities because they didn’t have a damn sag wagon to pick them up.

I don’t know if this had anything to do with the recent government shutdown. Or just someone with the forest service who has to visit a proctologist to get a root canal because his head is jammed way too far up his own ass.

Thanks to Vic for the heads-up.

………

Aviator light

Aviator light

Please forgive the last minute notice.

I’ve mentioned this project before, but it’s worth noting again. You’ve got just a few hours left to back this Kickstarter project for the virtually theft proof and indestructible new Aviator and Afterburner bike lights from Fortified Bicycle Alliance.

I get a lot of pitches to promote various products, most of which go directly into the trash bin. But this one I really like, with tough, ultra-bright LED bike lights smartly designed by a team of former MIT students.

Afterburner light

Afterburner light

Back the project today at a level of $45 or more, and you’ll get one or more of the lights at a discount on the retail price. The Kickstarter is already funded, so you’re guaranteed to get your light(s), with a projected delivery date of next April.

And no, they haven’t promised me anything in exchange for promoting their products.

Dammit.

………

The hidden bike path along the southbound 405 east of the VA campus that hardly anyone knows about will be closed from now through November. I only learned it existed a couple years ago when a previous shutdown was announced.

………

In upcoming events, the exhibition Ghost Bikes of LA opens at red5yellow7 this Friday, 4257 Melrose Ave. And Trust South L.A. and Community Health Councils are sponsoring a bike ride from Central Ave to Leimert Park this Sunday to promote peace in South LA

………

The New York Times looks at the state of bicycling, with reports from the father of vehicular cycling, the founder of Rivendell Bicycle Works, a senior research associate with the University of North Carolina Highway Safe Research Center, a researcher with the Institute of Transportation Studies at UC Davis, and the mayor of technical and environmental administration for Copenhagen.

………

LADOT General Manager Jaime De La Vega highlights the department’s recent accomplishments, including 101 miles of new bike lanes. Maybe it’s a sign of the end times, as the auto-centric San Fernando Valley becomes pedestrian and yes, bike friendly, auto-centric Warner Center wants to get people out of their cars and Northridge could actually become pedestrian-friendly like Westwood — but hopefully without the vacant storefronts. KCET says the Glendale-Hyperion Bridge complex needs to be about more than just cars; evidently, the city is starting to get the message, as they’ve called a new public hearing next Monday. Popular LA cyclist Will Campbell founds the Happy Foot Bicycle Club, which departs each Wednesday before I even get out of bed. Video from last weekend’s Wolfpack Hustle HP Gran Prix. The annual Spooky Cross cyclocross race takes place this weekend in Pomona. The CHP will establish a bike and pedestrian safety enforcement project throughout Southern California next year.

Charlie Gandy and Steven Wallauch talk about the upcoming Calbike bike summit on KPCC’s AirTalk program. Bike lawyer Bob Mionske talks with cdmCyclist. A great San Diego program provides refurbished bikes to refugees living in the city. A San Diego triathlete refuses to be pretty in pink. Riverside approves a controversial road diet and bike lanes on Brockton Ave. This is one reason why some cyclists run stop signs, as confusion over who goes first leads to an injury collision. Santa Barbara hosts their first ciclovía on November 2nd. A Menlo Park writer doesn’t like the city’s proposed LA-style cyclist anti-harassment ordinance. A Mountain View writer says the city’s El Camino Real needs cyclists to survive. A Fresno father credits Obamacare for helping save his critically injured bike riding son without bankrupting the family. San Francisco police are targeting cyclists rolling through stop signs; I hope they’re also ticketing drivers who do the same thing. The San Francisco bus that ran over and killed an elderly cyclist was missing a rear wheel guard designed to prevent exactly that. Trying to track down East Bay bike thieves leads to the arrest of a woman for stealing a $1000 pair of jeans.

Distracted driving is killing more bicyclists and pedestrians in the US. Here’s a GOOD pre-ride checklist. Hammerhead wants to be Waze for bikes. The false dichotomy of civil vs militant cyclists. Seattle drivers are confused by new two-way bike lanes. A Colorado driver is found guilty of hit-and-run, but not guilty of vehicular homicide in the death of a cyclist. The per capita bike collision rate rises to record levels in my bike-friendly hometown; drivers are found at fault in 57% of cases. A call to make Montana roads safe for everyone. Wisconsin considers a law making it a felony to kill or injure vulnerable road users. Last year’s vaporware Copenhagen Wheel becomes a reality, easily turning your bike into an e-bike, which is exactly why I don’t want one. The New York Times says cycling is probably pretty safe, or maybe not, sort of. Gotham cyclists, including the famed Bike Snob, are up in arms over an OpEd piece in the NY Times that says blue Citi Bikes are besmirching the city, even though they seem to be popular with rich white people. New York DOT Commissioner Janette Sadik-Khan says it’s been a wonderful six years; imagine what she could do here in the next 12. Evidently, in New York, bike lanes just happen. DC cyclists will get a jump on red lights — legally — while drivers will be held more responsible for hitting cyclists. An Atlanta cyclist is run down by a 15-year old in a golf cart.

Canadian police seize a truck used to intentionally run down and kill a bike rider. After an Alberta driver hits a cyclist head-on, she yells at him to get his bike out from under her car — then drives off with it still trapped underneath. Michael Bublé and wife bike baby-free in Vancouver. The Guardian asks if companies like Strava have a responsibility to discourage reckless behavior. A day in the life of a female London bike messenger. A long list of bike books for kids. Four — yes, four — people face manslaughter charges in the apparent hit-and-run death of a Welsh cyclist; can’t wait to see the explanation for that one. The 2014 Tour de France starts in England and returns to the cobbles; meanwhile, the only remaining American Tour de France winner calls Lance Armstrong the greatest fraud and says he belongs in jail. Cyclists and pedestrians make up over half of all traffic fatalities in India. While bikes appear to be booming everywhere else, bike use is dropping Down Under; maybe it’s due to the mandatory helmet law.

Finally, you can wear your new Bianchi around your wrist, without the inconvenience of wrecking it first. If the bike path you’re riding on glows in the dark, do you still need a bike light? And seriously, when you’re carrying cocaine, crack, meth, concealed knives and $1000 Canadian, stop for the damn stop light, already.

Category: Advocacy & Politics, Legal Cases, Streets and Infrastructure / Tags: , , , , , , ,

Possible justice for Andy Garcia, Frye flips out after getting flipped off, and a big bike drag in HP

October 14, 2013 / / 2 comments

Looks like there may be justice for fallen cyclist Andy Garcia.

And the riding companions who were injured with him.

Streetsblog’s Sahra Sulaiman reports that 21-year old Wendy Villegas was arraigned last week for the hit-and-run collision that left Garcia sprawled in the roadway, where he was hit and killed by a second vehicle.

Fortunately, the judge seems to be taking the case very seriously.

Not only is Villegas facing a sentence of between 5 – 7 and 10 – 15 years, but the unnamed judge wanted nothing to do with her lawyer’s complaints that an ankle monitor would cramp his client’s lifestyle.

Not to mention her choice of fashionable footwear.

According to them, the judge told Villegas she will wear the device because she is a danger to society. As such, she is no longer able to drive a vehicle, must obey a curfew, and is obligated to appear in court by 4 p.m. today (Oct. 11) to both pay for the monitor and have it placed around her ankle. Should she choose not to do so, the judge advised, a warrant would be issued for her arrest, she would be placed in custody, and her bail would be revoked.

Villegas was still drunk when she was taken into custody hours after dragging Garcia’s bike several hundred feet beneath her car.

Meanwhile, Sulaiman reports the survivors have been deeply affected by the collision. Mario Lopez suffered fractures to his back and leg, and now requires a walker and back brace to get around, painfully.

And Ule Melgar, the other rider hit by Villegas’ car, suffered severe road rash and leg pain; fortunately for him, his backpack broke his fall.

The other riders in the group have to live with watching their friend killed before their eyes.

As do the occupants of the car that took his life after Villegas left him sprawled in the road.

A memorial carwash will be held this Saturday in Garcia’s memory, and to raise funds for his family.

………

Ever think there might be a reason why a cyclist might flip off a friendly driver just trying to give a helpful honk?

Evidently, a thought like that has never passed through the head of Chicago Sun Times, Men’s Health and ESPN.com columnist Andy Frye.

In what he (mis)labels as satire, Frye reports a recent incident in which he drove up behind a bike rider who apparently didn’t know he was there. So he “tooted” his horn lightly.

Guess I should have known better. Not that I expected a waive from the cyclist, nor did I expect him to stop and say thank you, but I didn’t expect him to give me the one-finger salute in a long, protracted, five-second long flip-off accompanied by a scornful face.

Suddenly I was the bad guy, and apparently an archetype that embodied everything that is wrong with society, at least in the eyes of this self-proclaimed roadhog radical. I had become “The Man” and perhaps a symbol of an oppressive oil-oligarchy, hellbent on usurping all that is good by bumping this free-spirited city cyclist off the road.

I never knew a single digit could convey so much deep meaning.

And “The Man?” Seriously?

What, is it 1968 all over again?

Meanwhile, I’ve scoured my car horn, but can’t find the light toot setting, let alone the friendly warning button. Call me crazy, but I always thought car horns make the same sound regardless of your intent in honking.

So how, exactly, was the rider supposed to gauge the supposed purpose behind Frye’s honk? Especially when even the most well-intentioned honk sounds loud and angry to anyone not encased in couple tons of relatively soundproofed glass and steel.

Chances are, the rider already knew Frye’s car was there; loud, hulking vehicles are kind of hard to hide, even without looking. And if not, all he managed to do was scare the crap out of the poor guy by hitting his horn behind an unsuspecting rider.

Under the same circumstances, I probably would have flipped him off too. And I guarantee I would have known he was there long before his misguided finger hit the horn.

And he’d know I was there long after.

So for anyone else as clueless as the self-proclaimed bike-riding Frye, never, ever honk at a cyclist. It will almost never be taken well, regardless of what’s hidden in your heart of hearts.

And as Bike Snob so succinctly pointed out, that old cliché of “I own — or ride — a bike too…” is the moral equivalent of “Some of my best friends are (insert ethnicity here)…”

………

This coming Saturday should be a major drag in Huntington Park.

The city is teaming with the LACBC and Wolfpack Hustle to host a bike drag race compete with full support, including barricades, medical emergency response teams and police services. Registration is just $10 — and free for HP residents.

In addition, participants and spectators are invited to give your input on the city’s new Bicycle Master Plan at the LACBC booth.

………

More on Mayor Garcetti’s plan for Great Streets, which doesn’t exactly jibe with proposed plans for a deadly virtual freeway on the Hyperion-Glendale bridge complex. The Times says men downplay the risks of texting and driving; oddly, I see more women texting behind the wheel, myself. Rick Risemberg reports riding in Portland is sort of like having CicLAvia every day. UCLA makes progress on their 2006 bike plan; I’d be happy if the red light on westbound Charles E. Young at the entrance off Sunset Blvd would just recognize my bike. The artist behind those incredible gates on the LA River. Governor Brown vetoes a poison pill bill that would have effectively halted a surface route for the long-planned extension of the 710 Freeway, but signs Assemblyman Mike Gatto’s bill extending the statute of limitations in hit-and-run cases. Celebrate the newly bike-friendly Colorado Blvd on Saturday the 26th. A little 80-year old lady from Pasadena hits a salmon cyclist head on in broad daylight. Bike thefts spike in Torrance. Long Beach is scheduled to hold their bike count this week.

Bike Newport Beach introduces a bootleg bike master plan. After losing both his legs in Afghanistan, a San Diego vet rides 160 miles for charity. Thousand Oaks is striping roadways to reduce collision — not accident — rates, thank you. A Lake County CA cyclist is killed in a head-on collision with a sheriff’s deputy speeding in response to a reported home invasion. The musician behind last year’s viral hit Bike Path Love is arrested for DUI after colliding with a pedestrian. San Francisco firefighters are worried bike lanes and traffic calming are narrowing the city’s streets too much.

Elly Blue calls for putting a kickstand and other crap — her word, not mine — on your bike. Your helmet could text for help the next time you wipe out. Tacoma WA is ordered to pay nearly a quarter million dollars to a cyclist who did a face plant after getting a wheel caught in a crack in a bike lane. An Arizona writer says life is cheap in Tucson, at least when it comes to cyclists and pedestrians; evidently, it’s not just Tucson, as an El Mirage driver drags a rider 108 feet down the street before fleeing. A string of bad decisions is blamed for Boise bike and pedestrian collisions; then again, isn’t that the primary cause of virtually every collision? A Texas cyclist discovers the downside of riding into a closed national wildlife refuge during the government shutdown. Indianapolis residents want a butt ugly bike sculpture removed; it’s supposed to look like Kurt Vonnegut but instead looks like a tangled jumble on a pole. A New Hampshire woman administered fentanyl to calm down a young driver hours before she plowed into a group ride, killing two cyclists; I was given fentanyl for outpatient surgery a few years back, and was completely and totally unable to get out of bed for the next three days, let alone drive. A year after a liver transplant saved his life, a Boston area cyclist loses it to a hit-and-run driver. The Wall Street Journal questions the risks of unsanctioned bike races as they rise in popularity. NYC bike advocates predict even more bike lanes in the city. A New York rider ends up with nerve damage after being cuffed by police for running a red light. Don’t ride onto a Pittsburgh parade route, even if you’re in the bike lane. Sometimes you have to — politely — explain the law to the cops, like this rider did.

Hermes introduces an $11,000 handmade carbon fiber bike for casual cyclists with more dollars than sense. Will robocars be good for bike riders? British bike rider is escorted off the equivalent of the 5 Freeway, in the rain, no less. Brit track cyclist tracks down his stolen bike on Facebook. The women’s Tour of Britain receives equal standing with the men’s race, while UK’s Olympic champion women’s pursuit team calls for a women’s Tour de France. A USC professor — no, not that USC, the Australian one — determines cyclist safety is degraded because roads weren’t designed for cyclists’ needs; well, duh. Ride South Africa’s wine routes on your next vacation. An 81-year old Aussie man rides 30 miles a day; I want to be like him when I grow up. A New Zealand cyclist is dead, and two others injured, because a driver didn’t bother to wear his contacts and only saw two of the group of 10 riders he plowed into.

Finally, there’s no longer a need to choose between your cleats and sexy high heels.And there’s no need to ever shift again if you can afford this $1000 virtual automatic transmission for your bike.

Category: Bicycle Safety, Bike Events, General, Hit-and-Run, Injuries and Fatalities, Legal Cases / Tags: , , , , , , ,

Breaking news: OC DUI hit-and-run driver Juli Ann Brown gets serious jail time

September 28, 2013 / / 8 comments

It looks like a dangerous driver may be off the streets for awhile.

And for once, she didn’t have to kill someone to get the court’s attention. Just nearly kill three people in an allegedly intoxicated state.

I’m told that Juli Ann Brown, the driver who ran down three members of the Long Beach Lightening Velo bike club in a drunken hit-and-run on PCH last year, was sentenced on Friday to a total of one year in county jail, 15 years in state prison, plus fines, restitution and an 18-month alcohol offender program.

Yes, you read that right.

A total of 16 years, though what that will mean in real life remains to be seen, as she was convicted of multiple counts, and some or all of those terms may end up being served concurrently.

Brown was convicted of plowing into a group of cyclists riding in the bike lane on PCH in Seal Beach in February 2012, then fleeing the scene. Three of the riders were hospitalized with moderate to severe injuries.

Brown was arrested shortly afterwards when Huntington Beach police officers observed her damaged car swerving repeatedly, and booked on suspicion of hit-and-run, driving under the influence and possession of narcotics.

All before 10 am on a Saturday.

This is her second conviction for a DUI offense. Brown was convicted on two separate DUI counts in 2003, one for drug use and another for a blood alcohol level greater than .08. Amazingly, she was sentenced to just 10 days in jail — which as then stayed — and just 90 days of driving restriction, as well as a nine month alcohol treatment program.

This time, at least, she should do some serious jail time.

Whether it will be enough to keep her sober and off the streets once she gets out, only time will tell.

Category: Hit-and-Run, Injuries and Fatalities, Legal Cases / Tags: , , , ,

Justice delayed — OC driver faces charges for killing cyclist last March while on prescription drugs

September 26, 2013 / / 32 comments

Six months later, an OC cyclist may finally see justice for the driver who killed him.

According to Rancho Santa Margarita Patch, 39-year old Irvine resident Hasti Fakhrai-Bayrooti was arrested Tuesday on a charge of vehicular manslaughter while intoxicated for the death of cyclist Eric Billings last March.

Billings was riding a cruiser bike in the southbound bike lane on Santa Margarita Parkway, between El Toro Road and Los Alisos Blvd in Mission Viejo around 6:45 pm on Friday, March 15th. Fakhrai-Bayrooti, who goes by the name Hayley, was headed north on Santa Margarita when she missed her turn onto Los Alisos, and made a U-turn at El Toro Road.

Her car drifted into the bike lane, striking Billings from behind and killing him instantly.

Blood tests revealed that she was under the influence of prescription medication at the time of the collision, which she described to Patch last July as an anti-depressant.

“I’ve had illnesses; I was diagnosed with PTSD, OCD,” she said. “I was diagnosed with manic depression and for those I have to take medication or else (I’m) not going to function.” 

And yet, she claims her ability to drive was not impaired by the medication — even though her own description of what happened after her U-turn suggests otherwise.

Next, ”something came into contact with me or I came into contact with something. I don’t know,” she said outside the fountains near Selma’s in RSM.

Her car wouldn’t stop, she said.

“I tried so hard to stop that car,” she said, gesturing as if she were holding a steering wheel and slamming on the brakes. ”The wheel was out of my control. The brake was out of my control.”

Apparently, the car developed a mind of its own, seizing control and running down an innocent victim while she sat helpless behind the wheel.

Yeah, that could happen.

And despite having just made a U-turn, she somehow hit the 54-year old father of four with enough force to kill him instantly; Billings was pronounced dead as soon as rescuers arrived at 6:48 pm.

It wasn’t her first driving infraction; she had previously been charged with speeding over 65 mph and using a hand-held cell phone while driving; no word on whether her car was responsible for those infractions, as well.

Fakhrai-Bayrooti describes herself as devastated by the collision, dropping her legal practice and leaving her car in the police impound lot. She also reports being so depressed that she attempted suicide the week after the collision by taking “everything in the medicine cabinet.”

On the other hand, I doubt her victim’s family took it very well, either. Although, as a devout Mormon, Billings probably would have forgiven her if he could.

However, the Orange County District Attorney’s office doesn’t seem to be so willing to turn the other cheek.

She has been released after posting $100,000 bail.

One last note.

This comment was left on the Patch story of Fakhrai-Bayrooti’s arrest:

…I feel bad for this woman. She had a need for a prescription, and it didn’t impair her or cause her to hit the cyclist. I take thyroid medication; if I get into a car accident, will I be arrested for the same thing? And after reading her blog about the accident, poor thing seemed like she had suffered enough for what she did.

So let’s be absolutely clear.

If your medication affects your ability to drive, then don’t. If you even think you might be impaired, you have both a legal and moral obligation to stay the hell off the road.

Despite the excuses we give ourselves, no one has to drive. And no one has a God given right to be on the roads — especially not when medications or other health factors may make them a danger to others.

If you make a decision to keep driving despite the effects of your medication, you can and should be held accountable for whatever happens as a result. And just because someone denies being impaired, that doesn’t mean they weren’t, as Fakhrai-Bayrooti’s description of the collision suggests.

She may have needed her prescription to function, but should have known it could affect her ability to operate a motor vehicle; there is a reason for those warnings that accompany prescription medicines.

Now a man is dead, and a family forever shattered.

And a woman faces charges for a fatal collision that has left her depressed.

But for which, by her own description, she still hasn’t taken responsibility.

Update: The LA Daily News reports Fakhrai-Bayrooti had two drugs in her system at the time of the collision — anti-anxiety drug Alprazolan, and Buprenorphine, which the paper says is used to treat opiate addictions.

Both medications contain warnings that they can cause drowsiness and dizziness, and not to drive until you know how they affect you. According to the Drugs.com link above, combining the two medications can cause severe drowsiness, as well as severe breathing problems and increased risk of seizures.

Update 2: There have been a few comments, as you can see below, accusing me of bias in this case and demanding changes to this story. 

I stand by everything I have written. However, just to be clear, I am not prejudging this or any other case; my comments are based on what has been published in the press, including comments from the DA’s office. 

Fakhrai-Bayrooti has been charged, but has yet to be tried or convicted. My hope is that she receives the justice she deserves, whether that is conviction or exoneration.

But I repeat, there is no excuse, ever, for driving under the influence of drugs or alcohol — including prescription medications — that may prevent you from safely operating a motor vehicle.

If you have to take something, then get someone to drive you, find another means of transportation, or stay home. 

The lives of others depend on it.

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