Archive for Legal Cases

Two years for a fatal SD hit-and-run, and kneejerk NIMBYism rises in opposition to Westwood bike lanes

February 14, 2013 / / 4 comments

Two years in prison for Jin Hyuk Byun for the fatal hit-and-run collision that took the life of 18-year Angel Bojorquez in Rancho Santa Fe last year.

Police say Bojorquez was wearing reflective clothing and should have been highly visible as he rode his bike home from work for the first time, while Byun initially claimed his badly damaged truck hadn’t been driven recently, then claimed he thought he’d hit a mailbox, a deer or a dog.

Yeah, no point in stopping to find out, right?

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Kneejerk NIMBYism strikes again, as anti-bike forces are urged to attend tonight’s Westwood Neighborhood Council meeting to fight proposed bike lanes on Westwood.

We love cycling and want to create a bike network on the Westside, but anyone who walks or drives down Westwood between Pico and Santa Monica knows that taking out lanes, or parking, or creating a bus/bike transit lane (that was vigorously opposed on Wilshire) will necessarily reduce lanes, and motorists will “peel off” onto the residential streets to find the path of least resistance.  This will not work for the community, for the businesses, or for the safety of cyclists.

In short, Westwood Blvd. simply can’t handle this proposal, and even the local cyclists find the proposal unworkable.

Actually, this local cyclist — and virtually every other rider I’ve discussed it with — finds the project not only workable, but necessary in anticipation of the coming Westwood Blvd Expo Line station.

Much of Westwood is already unworkable — and pretty much unrideable — in its current configuration, with a high level of congestion through most of the day. The only real solution is to provide a safe, workable alternative to encourage drivers to leave their leave their cars behind for short trips, as well as offering a much needed connection between the Expo Line and UCLA.

If you don’t have other obligations — and frankly, I don’t understand the logic of anyone hosting an important meeting on Valentines Day, forcing them to choose between their relationship and their safety on the streets — maybe you can stop by and argue against the insanity of maintaining the status quo.

Especially if you were one of the 150+ riders who took part in last weekend’s Ride Westwood.

Thanks to the Culver City Times for the heads-up.

Update: Flying Pigeon‘s Josef Bray-Ali makes the point that no traffic or parking lanes are actually being removed; they’re being repurposed from automotive to bicycle use, since bikes are still a form of transportation. 

The key is that streets serve to move people, not motor vehicles.

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I’ve heard from people accusing current State Senator and CD 1 council candidate Gil Cedillo of lying at Sunday’s candidate forum co-sponsored by the LACBC.

Cedillo is accused of misrepresenting his ties to Chevron, as well as why he failed to vote for landmark legislation regulating pollution that causes global warming.

Streetsblog’s Damien Newton has done his typically great job of looking at all sides of the issue, including talking to the candidate himself. If you live in CD 1, you owe it to yourself to read the story, and decide for yourself if Cedillo whether being honest with you.

I don’t know where the truth lies in this case.

But the last thing L.A. needs is another truth-challenged city leader.

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The LACBC is hiring a new Initiative Coordinator for Active Streets LA. If you’ve got a passion for bikes, plus organization and communication skills, maybe you should look into it.

If there wasn’t an inherent conflict of interest, I might do it myself.

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LADOT plans to add over 20 miles of sharrows, mostly on the Westside – including Ohio Ave from Westwood to Bundy; preliminary markings on Ohio appear to go several blocks east of that. Celebrate Valentines Day by encouraging your heartthrob to express your mutual commitment to biking infrastructure, if not each other, in Downtown and Central L.A. tonight. Rick Risemberg says biking families are proof we’re getting there. Gary returns to Streetsblog with an overview of the current state of bike projects in Santa Monica. Senior cyclists are finding a home at the Santa Monica Bike Center. Boyonabike visits the Caltech Bike Lab. A Long Beach man is critically injured when he’s shot while riding his bike. San Francisco’s mayor refuses to live up to his promise to support cycling.

Traffic violence isn’t an accident, it’s the nation’s biggest mass tort. Floyd Landis compares pro cycling to organized crime; he should know, right? My objection to Landis isn’t that he doped, it’s that he lied to about it to get cyclists to assist in his cover-up. Bicycling offers advice on cornering. Did a Las Vegas cyclist die because of ringing in his ear? How businesses can attract cyclists; beer usually works in my book, and donuts. A new study from Portland State University will consider the impact of protected bike lanes. The Idaho stop law slowly spreads through Colorado cities; could Denver be next? Candidates to replace New York’s bike-friendly Mayor Bloomberg threaten to rip out the overwhelmingly popular bike lanes his administration has installed; thanks to Stanley E. Goldich for the link. (Note to L.A. mayoral candidates — if Gotham’s new mayor is stupid enough to fire NYDOT commissioner Janette Sadik-Khan, we’re going to need a new one after the upcoming election. I’m just saying.) Unbelievably, the Virginia legislature refuses to make dooring illegal. A New York writer explains Bike Commuting 101, but fails to explain how to bike commute with your dog. Evidently, packs of rabid cyclists are running South Carolina drivers off the road; in my experience, a couple tons of human flesh will still lose to a ton or two of motor vehicle every time. After nearly running a cyclist over, a Florida driver returns to tell him bicyclists need to respect other people on the road — then intentionally doors him. No, really.

Should the safety of cyclists come before the convenience of parking? A London cyclist debates the merits of helmet use, and lands somewhere in the middle; I personally recommend wearing a helmet for every ride, but it is — and should be — your choice. New helmets will have built-in cameras. A 17-year old UK cyclist admits to killing a renowned cancer surgeon with a single punch after the other man got out of his car to argue about the rider’s lack of lights. Manchester cyclist wages war against potholes. A New Zealand coroner says it should be mandatory for all cyclists to wear hi-viz clothing, even though it didn’t seem to help the cycling cop whose death led to his conclusion.

Finally, a writer for the BBC says evolution drives drivers to hate cyclists because we break the moral order of the streets; I know I try. Just Another Cyclist lists the cast of characters who inevitably show up in threads for such stories. Meanwhile, others reverse the dynamic by converting cars to bikes.

Happy Valentines Day to one and all. May you always know real love in your life.

 

Category: Advocacy & Politics, Bikes & the Law, Hit-and-Run, Legal Cases, Streets and Infrastructure / Tags: , , , , , , , ,

Whole lot of linking going on — a hit-and-run presser, charges in SD, a bike celebration in Santa Monica

February 6, 2013 / / Comments Off on Whole lot of linking going on — a hit-and-run presser, charges in SD, a bike celebration in Santa Monica

L.A. authorities plan a press conference this Thursday to announce a person of interest in the hit-and-run death of bike rider Sergio Rodriguez last December.

Meanwhile, news finally comes out that San Diego is pursuing a vehicular manslaughter charge against Francis Henry Zegler, the driver who killed cyclist Chuck Gilbreth last April. The question is why it took a Freedom of Information request to learn that charges were filed last August.

Doesn’t the public have a right to know — especially in cases like this where there’s a genuine demand for justice within the cycling community?

So much for open government in our neighbor to the south.

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Friends remember former surfer Jonathan Koontz, the homeless man killed in collision with another rider while riding or walking his bike on the Santa Ana River Trail last December.

The fact that he was homeless does not make this case any less tragic; that such a well-loved and promising person ended up on the streets just adds to the pathos.

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Don’t miss the official grand opening of the new Ocean Park Complete Green Street in Santa Monica this Saturday. Doors open at 11 am with a review of the city’s Bike Action Plan and a look at plans for the Michigan Avenue Neighborhood Greenway, before a ride to nearby Ocean Park Blvd for the ceremony.

And did I mention there will be free food?

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L.A. is becoming a bike town. Los Angeles approves the planned expansion of Universal Studios, which now includes a commitment to build a park and bike/pedestrian path, presumably an extension of the L.A. River bike path. Santa Monica plans to cut traffic by reducing parking. Will Campbell says Pasadena and Glendale have left Los Angeles in the bicycling dust. CLR Effect has a frightening story of a rider ignoring the warning signs of a heart attack until it was too late — and struck in the middle of a crit.

Cycling Unbound says better enforcement of traffic laws is a myth; sort of like the NRA’s argument that better enforcement of current laws is the sole solution to gun violence. Despite a highly concerned cycling community following the deaths of two bicyclists last year, the Newport Beach Bicycle Safety Committee is on hold while the city works to get its shit together renew its charter. People take precedence over cars in new plans for Solano Beach. Being blind doesn’t mean giving up bike racing — evidently, neither does heart surgery, kidney and pancreas transplants, broken bones or an amputated toe. Bay Area cyclists are looking forward to riding just halfway across the new Bay Bridge.

Bicycling says Cannondales’ Peter Sagan could be the new Eddy Merckx; how about just letting him be the first Peter Sagan? Under the heading of who really gives a rat’s ass, banned ex-Tour de France champion Lance Armstrong is told he can keep using Strava; no, seriously, I don’t give a whit. MSNBC host Chris Hayes joins the not-so-exclusive club of bike theft victims. A whopping 182 days in jail for a New Mexico man who killed a cross-country cyclist in 2010 while most likely drunk; he seems a little confused about which one was the victim but didn’t break the law by posting a hate-filled tantrum on his Facebook page. Denver man charged in the hit-and-run death of a cyclist walking his bike in the crosswalk tries to hang his own brother out to dry. Those Mormon missionaries aren’t any safer on their bikes than anyone else. Despite weather problems, last weekend’s world cyclocross championships were a success. As the world of Greg LeMond turns, he suffered a serious back injury after losing consciousness and crashing his car, he’s starting a new company focused on his indoor trainer, and still wants to run the International Cycling Union; not like it’s starting to seem like a soap opera or anything. A Manhattan lawyer is sentenced to three-and-third to ten years for critically injuring a cyclist while driving drunk in the Hamptons. DC’s newest bike lane is instantly co-opted for parking. A Washington cab driver causes a collision between cyclists, but police say it’s no one’s fault. Some people just don’t get it, as a DC area driver complains about law breaking cyclists — and the ticket he got for going nearly 50% over the speed limit. Shocking news, as a North Carolina cyclist rides a whole six miles — each way! — to school every day; yes, the boy should be applauded, but if our society had its priorities right, it wouldn’t be that big a deal. Yes, people like this really do drive among us. New Orleans bike lane more than triples the number of cyclists using the street. A Florida man is ticketed for riding he wrong way on a one-way street and failure to come to a complete stop, as an over-zealous deputy cracks down on the first-time rider in front of his own house. On the other hand, no hint of favoritism here, as Florida troopers fail to cite a truck driver they know for the death of a cyclist last September. A Myrtle Beach cyclist is punched with brass knuckles as he’s riding for no apparent reason.

An international adventurer concludes it’s better to bike 35,000 miles than walk 3,500. New cars could soon feature airbags to protect cyclists and pedestrians, or drivers could just, you know, stop running into us; thanks to Patrick Pascal for the heads-up. Buenos Aires builds new bike lanes in a bid for the 2018 Youth Olympic Games. An Ottawa driver pleads guilty to running down a cyclist while probably very intoxicated, in front of police officers, moments after hitting several cars in a parking lot, with coke and oxycodone in the car. Make it safer for Brits to bike, and they will, but if ideas for better cycling infrastructure are ignored, nothing will change. Truckers consider changing delivery times in London to cut back on killing cyclists. A UK man loses his memory of his entire life and family following a cycling collision. Pro cyclist Johnny Hoogerland — the rider who won a worldwide following for continuing to ride after crashing through barbed wire — is seriously injured when he’s hit by a car while training in Spain. Drivers turn a new Dubai bikeway into a high speed raceway for overpowered cars. An angry Aussie driver hits a cyclist with a wooden pole, then goes back to his car and tries to run the rider over. A bizarre Australian study concludes that cyclists without helmets are more likely to ride drunk; a more reasonable interpretation of the data might lead to the conclusion that people who take risks are more likely to take risks. An Aussie father dealt drugs to fund his late cyclist son’s riding career; now the son’s home may be seized because it was purchased with drug money. Tokyo police plan to crack down on cyclists rather than the drivers who hit them. An artistic attempt to discourage Japanese cyclists from parking on the sidewalk. Shockingly, some cyclists break the rules, even in Singapore.

Finally, no, just no. And it’s technically illegal for women to wear pants in France unless holding handlebars or horse’s reins.

Or maybe you’d prefer a bike-riding kitty in a sombrero.

Category: General, Hit-and-Run, Legal Cases, Streets and Infrastructure / Tags: , , , , , , , ,

The DMV gets it right, a killer hit-and-run driver may get what’s coming, and your Monday morning links

January 27, 2013 / / 4 comments

Over the years, I’ve seen a lot of publications from the DMV about bicycling and sharing the road with cyclists.

But this is the first one I’ve seen that really gets it right — even if it is a tad light on instructions for motorists.

It even answers the question the LAPD has struggled with for the past year, explaining that bike riders can, in fact, ride in the crosswalk. Although it doesn’t say anything about whether riders have to cross with traffic, or if crosswalks are bi-directional for cyclists just as they are for pedestrians.

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A preliminary hearing is scheduled Monday for Jason Cox, charged with gross vehicular manslaughter while intoxicated and hit-and-run resulting in death or injury for the death of cyclist Michael Vega in Rancho Cucamonga last August.

Unfortunately, this case will be held in Bernardino County, where the lives of cyclists seem to have little value.

Update: I had originally misplaced Rancho Cucamonga in Riverside County, rather than San Bernardino. Thanks to JG for the correction.

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The London Guardian says you can, in fact, look good on your bike. And they’re right, epecially if you invest in the Pee-Wee Herman skin suit.

Meanwhile, Bicycling offers their sartorial advice on dressing for cold weather.

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L.A. City Councilmembers Joe Buscaino and Mitch Englander take up the city’s hit-and-run epidemic; Englander calls for impounding vehicles of drivers who flee, maybe he’s been reading my blog? The Times looks at Gil Garcetti, bike-friendly photographer and former DA — and father of current mayoral candidate Eric Garcetti. Long Beach’s biking expats are back in SoCal after returning to the scene of a beautifully challenging ride near Solvang.

There was actually a time when Riverside was a center for cycling. Plans are underway to remake Orange County’s Moulton Parkway to add sidewalks and bike lanes, and unfortunately, widen the roadway, which will undoubtedly increase speeds. Coronado ignores Caltrans and approves bike corrals throughout the city. Oceanside plans to rebuild PCH on a more human scale, making it bike and pedestrian friendly. When a reader asks why Los Gatos is so unfriendly to cyclists, a town official swears it ain’t necessarily so. A popular 90-year old Livermore resident struggles to recover from a December collision with a 70-year old cyclist. San Francisco plans to spend $200 million on bike projects over the next five years.

60 Minutes discovered something fishy was going on in cycling back in 2001; but don’t forget cycling is just people on bikes. Bicycling says now Greg LeMond can be the American hero he always should have been; it didn’t hurt that his name was on the bike ended up buying when I was shopping. Colorado Springs depends on bikes for freaky fast delivery. Memphis officials discuss the benefits of bike lanes. It shouldn’t take the tragic deaths of two teenage cyclists to bring their families together. Bikes are good for business, but how can cyclists make their presence known? Bicycles and Mack Trucks have exactly the same rights to the roads.

A Vancouver cyclist responds to his stolen bike by inventing a new cable lock hidden in the seat post; here’s the link to the Kickstarter page, courtesy of Bill. A UK driver flees the scene on foot after killing a couple riding their recently purchased tandem. A British mother wants to thank the driver who hit her bike-riding son for exposing the tumor that could have killed him. Another Brit hit-and-run driver faces jail for claiming his car was stolen, but not for the cyclist he killed. As usual, the Cycling Embassy of Great Britain offers a long list of mostly, but not exclusively, UK-centric bike links. Touring the Loire Valley by bike. Now that’s scary, as an Australian cyclist is critically injured after riding into a downed power line. The internet is killing Aussie bike shops. A Singapore physician is charged with five counts in the hit-and-run death of one cyclist and seriously injuring another; are you starting to notice a theme here? Bangkok cyclists put pressure on candidates for governor to improve the city for bicycling.

Finally, having evidently solved the problem of distracted drivers maiming and killing people with their multi-ton vehicles, the biggest traffic problem in New Zealand is now texting cyclists. And another Kiwi writer politely says these roads are mine, so keep your damn Lycra-clad asses off it.

Loosely translated, of course.

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

Singh sentenced to 15 – life for drunken killer multi-hit-and-run; NY writer calls bike lanes cancerous

December 14, 2012 / / 4 comments

For once, the sentence for a killer driver fits the crime.

The Ventura County Star reports that Satnam Singh has been sentenced to 15 years to life for the drunken hit-and-run death of 20-year old cyclist Nick Haverland last year.

Yes, I said life.

In addition, he must serve two years for DUI before he can begin serving his sentence for the second degree murder conviction, effectively making it a minimum 17-year sentence.

Singh had a blood alcohol level nearly five times the legal limit when he went on a serial hit-and-run spree at speeds up to 90 mph, culminating in the collision that took Haverland’s life as he rode to take a college final.

Something Singh claims not to remember, as a result of an “accidental” dose of depression medication.

Then again, given the amount of alcohol in his system, it’s surprising he remembers his own name, let alone his homicidal hit-and-run Hummer joyride.

Yet remarkably, despite his actions, the judge received over 100 letters attesting to his fine character.

For those unconvinced, the first collision might — might — have been unintentional. The two that followed, including the one that took Haverland’s life, flowed directly from his drunken attempt to avoid responsibility.

A real prince, that guy.

And I’d like to know just how does someone get that drunk by accident. Let alone gets behind the wheel when he’s too damn wasted to walk, let alone drive.

I’d like to think this sentence will send a clear message to everyone to stay the hell away from the driver’s seat after drinking. Let alone drinking yourself to oblivion.

Not to mention stopping after your first collision, rather than continuing to run after the third.

But I fear too many drivers will look sadly at Singh, convinced they’d never do anything like that.

Then celebrate the season with one more for the road.

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Gotham cyclists are up in arms over an assault on both bikes and rationality by New York Post columnist Steve Cuozzo, who compares bike lanes to cancer and bike riders to sociopaths.

New York Curbed artfully deconstructs Cuozzo’s highly biased arguments, while Gothamist takes it apart paragraph by scurrilous paragraph. New York Streetsblog fears he’s lost his marbles. The Brooklyn Spoke says, despite his negative assertions, bike delivery people do count and have as much right to safe streets as anyone else.

And it all brings up a great column from the New York Times Magazine, which offers a point-by-point guide to writing a biased anti-bike hate piece of your very own.

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The 7th Annual All City Toy Ride takes place this Friday; couldn’t recommend a better reason to ride. Just be careful, because some cops didn’t seem to have a lot of Christmas spirit last year.

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More women than men now have driver’s licenses, which is good news according to the Times, since women drive less and have fewer fatalities per miles driven.  Southside cyclists take L.A. city planners on a bike tour of Watts. Phase one of the Glendale Narrows Riverwalk opens. LADOT Bike Blog is thankful for Alex Baum’s bicycle advocacy; aren’t we all? Last weekend’s Santa Monica Family Bike Fest is declared a success. Malibu proposes an esplanade with walkways and bikeways connecting the Malibu Pier with Surfrider Beach; wait, a bikeway in Malibu? Seriously? Hermosa Beach revisits the Aviation Blvd bike lanes they turned down earlier this year (scroll down). A look at Long Beach’s Bikeway Route 10. UC Irvine police bust a pair of suspected bike thieves. The Laguna Beach paper calls for more bikeways and a complete streets approach. Plans stall for an Agoura overpass including bike lanes, sidewalks and five lanes of traffic. Bakersfield city planners are looking for cyclists input on improving bike lanes. Natomas CA sprouts signs declaring the city bike friendly; thanks to Amy Senk for the heads-up.

In their new book City Cycling, John Pucher and Ralph Buehler argue that “cycling should be made feasible, convenient, and safe for everyone.” The Feds finally get serious about counting cyclists and pedestrians; unfortunately, that doesn’t mean much until individual states and cities do, as well. It’s okay to be the only non-traffic engineer in the room. Tour Hawaii’s Big Island by bike. Reno bike advocates are successfully reshaping the city. A more than comprehensive list of women’s bike blogs. Bicycling grannies ride in small town Wyoming. Spandex bikewear for the closet super hero. A writer for the Chicago Tribune defends his column calling out scofflaw cyclists and ridicules anyone with the audacity to disagree. A Michigan man is finishing the cross-country bike ride his father was on when he was killed. Your next bike could glow in the dark. A Virginia auto repair shop says it doesn’t make sense to require it to install bike racks, even if the city is trying to be bike-friendly.

London’s transportation department calls on the mayor to develop the world’s largest cycle network. Six steps to survive cycling in London. Cyclists in a BBC documentary on the conflict between drivers and cyclists were paid — and choreographed — to ride as recklessly as possible. An open letter to motorists from UK cyclists. Drinking and riding is a bad idea with a long history. Town Mouse goes temporary bike shopping. The all-time highlights of the Giro d’Italia.

Finally, maybe there is such a thing as too cold to ride. And who knew a simple bike ride was part of global plot to force bike lanes on unsuspecting Americans?

Maybe Cuozzo’s onto something, after all.

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A special thanks to Margaret for making a contribution to help defray the costs of operating of this blog; I can’t begin to tell you how much it’s appreciated. If anyone else wants to help support my work here on BikinginLA, I’ve set up at PayPal account to accept contributions like hers. You can transfer funds through your PayPal account or major credit card by directing them to bikinginla at hotmail dot com.

And yes, I’m totally blown away that she even thought to do that.

Many thanks, Margaret.

Category: Bikes & the Law, Hit-and-Run, Legal Cases, Streets and Infrastructure, Violence & Crime / 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: , , , , , ,

Pasadena driver gets gentle caress on wrist for killing popular local cyclist and musician Alan Deane

November 14, 2012 / / 3 comments

Once again, a killer driver gets off with a virtual pat on the back for decreasing the excess cyclist population.

What else can you call it when the driver pleads to reckless driving, bargained down from an original charge of vehicular manslaughter? And gets off with an obscenely lenient 10 days of community labor, 400 hours of community service and a whopping $4000 in restitution and other fines.

That’s what the life of a human being is worth these days. If he’s on a bike, anyway.

Ten days. Four hundred hours. And at least $4000.

Who knows, maybe they’ll go hard on him and make it $4050.

That’s what Siddhartha Misra got from a Pasadena judge on Tuesday in his trial for the death of cyclist and musician Alan Deane.

And this for a fatal collision that was caught on video, and reportedly showed the driver failing to yield before fatally slamming into Deane on his bike.

And he apparently gets to keep his driver’s license.

So much for keeping dangerous drivers off the road. Let alone sending any kind of message that would encourage careless motorists to slow down and pay a little more attention for fear of the consequences if they didn’t.

If this is what passes for justice around here, I’ll pass.

Maybe our new DA will decide that bike riders have a right to get home alive.

Misra made a statement to the court apologizing for his actions and saying it’s a heavy burden he’ll have to live with until the day he dies.

I have no doubt that he’s sincere in his remorse. Lord knows I couldn’t live with myself under the same circumstances.

But I can assure you Deane’s family feels a hell of a lot worse.

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A 63-year old Long Beach cyclist suffers a broken hip and rib when the victim of a hit-and-run; her son reports she was trapped under the car, and the driver actually backed off her to get away.

Anyone with information is urged to call the Long Beach Police Department Accident Investigation Detail at (562) 570-7355.

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Big news in pro cycling — and good news, for a change — as USA Cycling finally puts women’s cycling on the same footing as men, with equal prize money and championships on the same weekend.

Now maybe the Amgen Tour of California and the USA Pro Cycling Challenge will figure out a way to get a women’s peloton on the course.

Chances are, they’ll get just as exciting racing — if not more.

And maybe even fewer former (?) dopers.

………

An Op-Ed in the L.A. Times says NBC Universal’s agreement to extend the L.A. River through their property is a good start — but until the other studios in the area fall in line, it’s just a start. Santa Monica considers $326,000 in improvements to the beachfront bike path through the city. Will Campbell plays Let’s Make a Deal as he just avoids the door prize, twice.

Fullerton joins with Bike Nation to develop a bike share program, as the latter seems to be developing the critical mass (lower case) for a pan-SoCal system; thanks to Lois for the heads-up. San Clemente considers a road diet — including bike lanes — on El Camino Real. Pomona replaces parking near Cal Poly with bike lanes. A Bay Area news site offers tips to ride safely following the tragic cycling death of a 12-year old girl. A San Francisco schmuck motorist hits a cyclist and drives off with his bike stuck under his car. Sonoma County Supervisors consider an L.A.-style cyclist anti-harassment ordinance; this would be the first to be adopted on a countywide basis. No really, if you’re carrying meth and a pipe after dark, put some damn lights on your bike.

The Alliance for Biking and Walking is accepting nominations for bike and pedestrian advocates and organizations. CNN discovers tweed rides and Cycle Chic — as well as our own Melissa Balmer of Women on Bikes SoCal. Honda says it’s okay to take a little nap behind the wheel. New bike-themed apartment complex opens in Denver, featuring bike storage, a repair room and even free bikes for tenants; so when can we move? Been awhile since we’ve checked in with Dottie at Let’s Go Ride a Bike; she offers a typically beautiful — for her — look at fall riding. A Pittsburgh cyclist says the driver who hit him did it deliberately. A Concord writer says he’ll take bike racks over bike lanes. Boston police warn cyclists about dangerous streets just hours before a cyclist is killed. Boston’s BikeyFace illustrates a downloadable bike safety poster. How New York can fight salmon cyclists, or not. Would you wear your medical information coded on your helmet?

Ontario townsfolk pitch in to replace a boy’s stolen bike. A Toronto physician is arrested protesting the removal of a bike lane. The London Standard says you don’t have to be Bradley Wiggins to deserve a safe ride home. Brit runners following a bike in a race end up following the wrong one. Maybe bike-friendly Bristol isn’t so bike-friendly anymore. Town Mouse’s mum would vroom away from red lights if only her town had any. After losing his license and property, an Aussie cyclist says the only thing bike helmets are proven to protect riders from is fines; my thick skull would beg to differ.

Finally, a Tennessee letter writer evidently assumes all cyclists ride as a hobby — and that local parks just magically appeared. And apparently, a British ad agency is going out of their way to develop the most offensive bike safety campaign yet; it may have been a misguided attempt at viral marketing, but at least they apologized.

Maybe instead of all this apologizing, we could try avoiding things that have to apologized for. Just a thought.

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

Ventura attorney successfully argues for justice after an alleged reckless driver takes out 3 cyclists

November 9, 2012 / / One comment

On Wednesday, I received the following message left as a comment to a previous story.

In it, an attorney describes how an allegedly reckless driver took out three cyclists on a popular Ventura County riding route. And how a carefully worded email helped bring the driver to justice.

I think it’s worth sharing with you. Both for the story he tells — and a case that deserves watching — and for the example he shares of how to get justice in a case like this.

………

I hope this finds the right ears.

I am an attorney, a bike racer and a follower of your blog and email newsletter.

Last month a vehicle recklessly attempted to pass a group of cyclist along Santa Ana Road  in Ventura County.  This is a road popular with cyclists up in Ventura.

The driver screamed past another car and tried to pass that car and a group of 30 -35 cyclists (riding 2 by 2).  Along a downhill curve.  The car lost control and took out three riders.  One of whom suffered serious catastrophic injuries.

I would have been on that ride, if it wasn’t for my kids soccer games that Saturday.

I drafted a letter to be sent to the DA office and had all the local cyclists sign and send it in.

Today I was happy (although I would be happier if these events did not happen) to report that the motorist Anthony Lee Noble will be prosecuted for Reckless Driving Causing Serious Injuries. While only a misdemeanor I think that just getting the DA to do anything where someone did not flee the scene or kill someone is difficult.

His arraignment is on January 18, 2013 in Ventura Superior Court Dept 10 at 9:00 am., Case Number 2012038989.

Below is a copy of the letter that was sent in by our community,  It can be easily modified to cover other cycling related car collisions.  And I would be happy to draft additional more specific letters if asked.

I hope you find this information helpful.

Thanks,

Derryl Halpern

Ventura Count District Attorneys Office Gregg D. Totten. Community Prosecutions Program General Felony & Misdemeanor Unit. 800 South Victoria Ave, Ventura California, 93009

Email: da.criminal@ventura.org

RE: Traffic Collision: Saturday September 29, 2012 Vehicle vs. Multiple Cyclists

Dear District Attorney.

This letter is being submitted by the undersigned on behalf of the three cyclists, struck and seriously injured on Saturday September 29 on Santa Ana Road. And on behalf of the thousands of lawful cyclists, pedestrians, motorists and their families who lawfully use the streets and highways within Ventura County.

REQUESTED ACTION We are collectively asking that Anthony Bell Noble be investigated and prosecuted (where appropriate) for his violations of Vehicle Code 23103 (reckless driving) and Penal Code 245 (assault with dangerous weapon). And any other applicable laws, statutes or regulations.

FACTUAL STATEMENT On Saturday September 29, 2012 a group of cyclists were riding south along Santa Ana Road, heading towards Ventura. The group was riding two by two. A vehicle pulled behind the group and was waiting for a safe location to pass. The cyclists began to organize into a single file line to allow for the vehicle to pass safely. As this was occurring a second vehicle, driven by Anthony Bell Noble aggressively drove up to the rear bumper of the first vehicle, and without waiting, sped into opposing lanes of traffic, in a reckless attempt to pass the vehicle and the group of cyclists. Santa Ana Road is a narrow and winding road, with only one lane in each direction and a soft dirt shoulder. The location where Mr. Noble attempted to pass was unsafe and the manner in which he attempted to pass was reckless. As Mr. Noble attempted to pass, he lost control of his vehicle and struck three cyclists causing them serious injuries.

RECKLESS ACTION WAS IN CONSCIOUS DISREGARD OF THE SAFETY OF THE CYCLISTS. Mr. Noble acted reckless and in conscious disregard for the safety of others. This was no simple accident. Moments prior to the collision, a solo cyclists witnessed Mr. Noble driving erratic and aggressive as a he passed. He was seen aggressively speeding towards the vehicle directly behind the group and then accelerating in fast and dangerous manner in his attempt to pass the group. As he did, Mr. Noble never slowed and instead continued to try to speed past the group, losing control of his vehicle and colliding into the cyclists. Following the collision, Mr. Noble showed no remorse for his actions, and instead continued to “blame” the cyclists for being on the road, and that he was pissed off at having to always “slow down” for them.  This was no mistake, accident or negligence. His actions that day were reckless and done so with conscious disregard for the safety of the public. His actions are tantamount to “Road Rage” and clearly in violation of laws designed to protect the public from reckless and dangerous drivers.  This was not Mr. Noble’s first violations. A review of the Ventura County Superior Court web site reveals that Mr. Noble has been cited in the past for VC 22350 Speeding and for VC 21650 Driving on the wrong side of the road.

CONCLUSION: PUBLIC SAFETY THROUGH PROSECUTION  We are simply asking that Mr. Noble be investigated for the crimes he committed that day. Hopefully with prosecution will come public awareness that motorists have to share the road with cyclists, and that patience on our roads (instead of rage) is needed to save the lives of our community. Without the prosecution of people such as Mr. Noble, all of us remain unsafe whether walking, cycling or driving.

Thank you for you consideration.

………

Just because you’re the current Tour de France champ doesn’t mean you can’t get run down by a car — or that the bike haters won’t come out of the woodwork. The driver who hit him is unlikely to be charged if she takes a driver awareness course. The BBC asks if cycling is getting more dangerous, while Sky News offers tips on riding to survive. On the other hand, a writer astutely asks in response why it’s always the cyclists’ responsibility to be seen, rather than drivers’ responsibility to see them. Why, indeed.

Meanwhile, Wiggo’s coach is also hit by a car a day later while riding in Manchester.

………

The LACBC urges you to attend the sentencing of the driver who killed cyclist Alan Deane last year. And the Bike Coalition invites you to ride Lankershim Blvd for a people friendly North Hollywood on December 8th, as well as ride the San Gabriel foothills with the LACBC and Where to Bike Los Angeles. Los Angeles releases its vision plan for York Blvd in Highland Park. A bikelash against the new Motor Ave bike lanes fizzles when no one shows up except cyclists supporting them (scroll down). Bike racks and two pilot bike routes come up for discussion in Beverly Hills next Tuesday; I wouldn’t hold your breath. Rick Risemberg notes that bikes are becoming essential for marketing virtually everything. A 16-year old Altadena cyclist survives a 150 foot drop off Angeles Crest Highway with just minor injuries. Long Beach could soon have it’s own CicLAvia.

A suspect has been arrested in the San Diego shooting of bike rider Juan Carlos Martinez. San Diego elects a bike friendly mayor. New San Diego bike advocacy group BikeSD sets their goals for the first year. Cyclelicious remembers Palo Alto holocaust survivor, former council member and bike advocate Ellen Fletcher. An off-duty Fresno cop is shot while riding his bike; investigators have arrested two suspects and don’t think he was targeted because he’s a cop — which probably means he was shot because he’s a cyclist, which seems worse, somehow. The San Francisco Chronicle says there’s hidden dangers lurking under the pavement for cyclists. San Francisco students line up to high-five passing cyclists; thanks to Megan Lynch for the heads-up.

If you attended Tour de Fat this year, you helped raise $500,000 for bike non-profits, including C.I.C.L.E., the LACBC and the Bicycle Kitchen. How to avoid beginner mistakes. Discarded campaign signs make great bike accessories. Bike Portland looks at the local bike book boom fueled by bike writer Elly Blue. The Black Hawk bike ban reaches the Colorado Supreme Court. Moots sticks with titanium in a carbon fiber bike world. A Dallas cyclist is stabbed by a road raging Corvette driver. Bikeyface offers an entertaining look at how not to lock your bike. Now you can have your very own, surprisingly affordable DIY traffic counter; if it can count bikes, we should all pitch in and get a few thousand or so. A DC driver is on trial after intentionally running down a rider — and getting caught on video. The upcoming presidential inauguration offers an opportunity to improve the Pennsylvania Ave bikeway, though perhaps not as much as cyclists would like. Maybe you’re in the market for a futuristic folding e-bike. A chain of Florida bike shops will donate 1,000 bikes to needy children over the holidays.

For once, a BMW clips a cyclist in Vancouver, and the cyclist wins. UK cab drivers report seeing a ghost bike, in the most literal sense. A Manchester cyclist is the victim of a brick thrown from a passing car. A Brit cyclist barely avoids becoming road kill when an 80-year old driver hits the gas instead of the brakes. If you needed any proof that cyclists can be total schmucks, too, British authorities are looking for the bike rider who threw a tiny kitten into a river; fortunately, the cat survived in good condition. A Norwegian study suggests mandatory helmet laws disproportionately discourage the safest cyclists from riding. Polar explorer Eric Larsen plans to bike to the South Pole.

Finally, even drag queens are turning against us, as an OC rider was chased by a screaming man in a sparkly dress and heels. And no one even notices a UK bike thief in drag.

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

Accused Ventura drunken serial hit-and-run driver Satnam Singh pleads guilty, now facing 15 to life

November 5, 2012 / / 5 comments

Evidently, the farther you get from San Bernardino County, the more likely cyclists are to see justice.*

Case in point: Satnam Singh, accused in the drunken hit-and-run death of Ventura cyclist Nick Haverland, has changed his plea to guilty to second degree murder and driving under the influence following two days of damning testimony.

The 20-year old college student was riding with a friend to take a college final when he was run down by Singh’s Hummer in May of last year. The Santa Paula liquor store owner reportedly had a blood alcohol level of .39 — nearly five times the legal limit — when he hit Haverland and injured five other people in a series of violent collisions.

Singh now faces 15 years to life in state prison, followed by parole for the rest of his life if he should be released; no word on whether he would ever be allowed to drive again. He was also threatened with deportation upon release from prison if he can’t prove he’s a citizen of the U.S.; odd that something like that should even be in question this far into the case.

Prior to his drunken rampage, Singh had received at least two tickets for speeding, and been accused in another DUI collision just three months before murdering Haverland — a case in which he attempted to have his wife take the fall.

Just more evidence that the state moves too slowly to protect the public in cases like this.

*Then again, Riverside County may not be much better.

………

Sunday’s shift back to Standard Time means bike commuters will now face evening rush hour traffic in full darkness. And that means you need a good headlight and tail light — preferably flashing — in order to make it back home in one piece, let alone avoid a ticket.

Even if you’re just out for an afternoon ride, it makes sense to throw a light set into your bike bag or jersey pocket in case a flat or other mechanical keeps you out later than planned. Or at the very least, toss in some reflective ankle straps just in case.

After all, it’s better to light a single bike headlamp than to curse the darkness after getting run over.

………

Tuesday is Election Day. I won’t tell you to go vote in what may be the closest election of our lifetime — not to mention one with a slate of state propositions and local measure that could affect your life for decades to come.

I assume you’re an adult and know just how important this is.

What I will do, though, is urge you to ride your bike to the polls if at all possible to show that our votes count, too. And that it’s long past time for politicians to address our concerns if they want our votes.

………

Writing for Orange 20 Bikes, Richard Risemberg says that, contrary to perceptions, bikes are actually better for business than cars. Best wishes to LADOT Bike Blogger JoJo Pewsawang as he moves on to hopefully greener pastures. Bike lawyer Bob Mionske looks at California’s cranky and apparently bike-unfriendly Governor Jerry Brown. Calbike says Prop 33 in Tuesday’s election hurts those who are helping the environment — like bicyclists. Maybe your broken carbon frame can be brought back to life after all. The 23rd Solvang Prelude brings thousands of riders to the Santa Ynez Valley. A teenage Santa Barbara hit-and-run driver faces charges for a right hook hit-and-run that critically injured a cyclist. The widow of a Sonoma cyclist now helps others after confronting the man who killed him. A 24-year old Napa driver gets a year in jail for seriously injuring a cyclist while under the influence of marijuana.

Bicycling offers a roster of vintage rides through the wine country, along with five coffee table bike books. CNN talks to gold medal-winning Paralympian and former race car champion Alex Zanardi. A Boulder CO intersection gets a makeover in the wake of two cycling deaths; meanwhile, the city won’t pursue a stage in next year’s USA Pro Cycling Challenge; probably not just because of the tour’s awful name, though. San Antonio’s safe passing law needs better enforcement. A Chicago writer says that cyclists shouldn’t have to bear responsibility for safety or accept that risk is inevitable. Bike Portland’s Jonathan Maus reports on riding in the Manhattan blackout following Hurricane Sandy; the New Yorker asks if Sandy will turn the city’s residents into bike commuters. Charging powerless New Yorker’s devices by bike. Thankfully, former L.A. bike and creek advocate Joe Linton survived Sandy, as well. Why are the rules of the road are a lot longer for Boston bicyclists? What would you do if you came across a bike crash? Yet another delay in the case of accused killer Miami DUI hit-and-run driver and musician Carlos Bertonatti.

A writer says Vancouverites are too old to take advantage of the city’s new transportation plan; you’re kidding me, right? Are bike helmets or bike lanes more important for bike safety? British cycling legend Tommy Godwin passes away at 91. The London Times says bikes are the future, and cities must adapt them — but can’t be bothered to make the story available behind their paywall. A Swiss sportswear company is suing cycling’s governing body over damage to the sport following the Lance Armstrong scandal, while Guam could hold the key to real reform in pro cycling. We have a new candidate for the world’s safest cycling city: Berlin. An Aussie cyclist is shot in the ass as he tries to ride away from a group of men in a park. Bringing the internet to Bangladesh by bike. Even the Indian city of Mangalore gets cycletracks before we do.

Finally, as if doping isn’t bad enough, now former doper Alexandre Vinokourov is accused of paying off another rider to let him win the Liège-Bastogne-Liège classic.

Is it just me, or is pro cycling is starting to give swamp pits a bad name?

Category: Bikes & the Law, Hit-and-Run, Injuries and Fatalities, Legal Cases, Violence & Crime / Tags: , , , , , , , ,

Ride this Saturday to benefit injured cyclist Russell Moon; trial begins in DUI death of Nick Haverland

November 2, 2012 / / One comment

I received an email today from Dan Weinberg of Helen’s Cycles, announcing the Russell Moon Ride this Saturday to benefit a mountain biker who suffered a life-changing injury last year.

He makes a compelling case for why we all should participate.

So I’ll let Dan tell the story.

RUSSELL MOON RIDE

7:30 AM, Saturday, November 3, 2012
Ocean Ave & San Vicente Blvd, Santa Monica

Overview

Just over a year ago, Russell Moon was returning home from a mountain bike ride when a driver turned directly across his path and made contact. Russell sustained a serious spinal cord injury and is now a quadriplegic.

Prior to his life-changing injury, Russell had a thriving dental practice and taught dentistry at UCLA. He now focuses on his recovery participating in intensive physical therapy throughout the week.

Russell loved cycling, not only for the fitness benefits, but because of the sense of community it exuded. This non-competitive ride is the opportunity to ride for Russell, and honor his love for cycling.

Russell climbed effortlessly and was a confident descender. Whenever he sees his cycling friends he often says goodbye with the accompanying request; ‘Ride for me’.

All participation fees and additional donations will go directly to Russell for physical therapy and rehabilitation. If you can’t participate in the ride, please sponsor someone who is riding or you can donate here. Thank you.

Course Description

The 62-mile course will start at Ocean Ave and San Vicente Blvd at 7:30 AM on Saturday, November 3rd and take PCH to Encinal Canyon Rd, we will then take a right on Decker, then a left down Mulholland and back on PCH, to the original starting point. Click here for route map.

Helen’s Cycles will provide food and water the top of the 5.9-mile climb located at Decker Canyon Road and Mulholland Hwy.

If you choose not to climb, you can ride on PCH to Trancas Canyon Rd (at the west end of Zuma Beach) and return for a total of 41 miles.

Russell Moon will be at the end of the ride from 11:00 AM to 12:30 PM

The plan is for Russell to be on hand at the end of the ride at Ocean Ave and San Vicente Blvd. You will have a chance to give him encouragement and acknowledge his courage over the past year.

Registration
$25 donation on line.
 
Day of Event Registration
7:00 AM at the start of the ride – Ocean Ave and San Vicente Blvd, Santa Monica
$25 cash or check.

Registration & donations

Course map

………

Satnam Singh, accused of killing Ventura cyclist Nick Haverland in a drunken hit-and-run collision spree, is finally on trial. Singh had a BAC of .39 when he was arrested at his home, nearly five times the legal limit. And he was involved in another drunk driving collision just three months before killing Haverland — even if he tried to blame it on his wife.

Hopefully, he’ll get the sentence he deserves following his conviction, which seems inevitable.

………

Sigh.

Try as I might, I just can’t manage to ignore the whole Lance Armstrong doping scandal. Bicycling says even if he did dope — or maybe, even though he doped — the penalties imposed in l’affaire Lance may have broken the rules. Red Kite Prayer offers a 23-year trail of ignored clues that Lance was dirty, and suggests that the real hope for cleaning up pro cycling may come in the form of a reporter’s lawsuit.

………

Maybe we got his attention, as Calbike says Mayor Villaraigosa is ready to try one more time to get a three-foot law passed. Streetsblog looks at UCLA’s new bike box. LADOT Bike Blog reviews last month’s BPIT meeting. Bikerowave hosts a class on basic bike fit on the 18th. Better Bike comes out against Measure J. Will Campbell plays leapfrog with a safe and courteous Dash Bus driver, while Boyonabike! offers tips on bike commuting. Santa Clarita launches a new bike website; we’ll know they’re serious about cycling when they link to this site, right?

The Orange County Bicycle Coalition offers an in-depth look at OC bike injury stats. You don’t expect good things to appear at midnight on Halloween, but the sharrows on the coast highway in Corona del Mar may be the exception. Two-thousand cyclists are expected to participate in Oceanside’s Bike the Coast Ride this weekend. San Diego could get reverse-angle parking spots to improve driver visibility and eliminate dooring. If you want to ride on Edwards Air Force base, you’d better wear a helmet — and be prepared to yield to any motor vehicle, whether or not you have the right-of-way. A 12-year old Santa Cruz rider is intentionally doored on Halloween night. A San Francisco cyclist is wanted for a violent assault on a Muni station agent who tried to stop him from bringing his bike into the station.

Three ingredients for a world-class bicycling network from People for Bikes. Slate says riding with headphones is incredibly dumb. For once, AAA offers motorists good advice on how to drive around cyclists and pedestrians. Good infographic on the nation’s first protected bike lane in NYC. Great series of photos on bicycling in the aftermath of Hurricane Sandy. The Wall Street Journal says novice New Yorkers are dusting off their bikes, while the NY Times observes it’s an effective way around the post-hurricane traffic mess; now the city just has to keep everyone riding once things improve. And even gas station owners are telling people to try bikes.

Ottawa considers lowering the speed limit on a dangerous roadway to protect cyclists, and confronts the classic conflict between bike and pedestrian advocates and city planning engineers; seems like every city eventually has to fight that battle. An RAF pilot says maybe that driver really didn’t see you. A UK rider punches another cyclist after they collide in a tunnel. If you think you have it rough, try biking in Yemen.

Finally, a Bakersfield driver was twice convicted of DUI and arrested at least three times for driving with a suspended license — yet remained on the road to kill an 18-year old driver on Monday.

And it turns out the bike wasn’t stolen, but the rider was wanted — and carrying nearly 10 grams of drugs.

Category: Bike Events, Guest Columns, Injuries and Fatalities, Legal Cases / Tags: , , , , , ,

No charges in Sarah Leaf death, guilty plea in North San Diego, vehicle identified in Gardena hit-and-run

November 1, 2012 / / 16 comments

Evidently, they just don’t get it.

Newport Beach police have cleared the truck driver in the death of cyclist Sarah Leaf, concluding that she lost control of her bike and fell under the turning truck on her own, without the truck ever hitting her.

Yet they apparently failed to consider the possibility that it was a massive truck passing too close and/or turning across her path that caused her to lose control.

So let’s get this straight once and for all. Skilled, experienced cyclists don’t just fall over. And a vehicle doesn’t have to actually hit a rider in order to cause her death.

Something made her to lose control. Until the police can offer some reasonable explanation of what that was, we should not accept the results of this investigation.

And until police everywhere figure that out, no bike rider will ever be safe on our streets.

Update: A commenter who claims to have known a friend of Leaf disputes the contention that she was an experienced rider. By his account, she was a novice rider on a borrowed bike, who had been urged by a friend not to ride that day. And according to him, the reason she fell because she was unfamiliar with clipless pedals. However, as he did not actually witness the collision, that should be taken with a grain of salt; hopefully, we’ll learn more on Monday when the Chief of the Newport Beach Police Department meets with the city’s Citizens Bicycle Safety Committee.

………

Jin Hyuk Byun, the 19-year old driver charged with killing 18-year old North San Diego bike commuter Angel Bojorquez in a late night hit-and-run, has pleaded guilty to a single felony count of hit-and-run causing death.

Byun faces up to four years up to four years in prison — or as little as probation. Hopefully, the court deliver a sentence that shows Bojorquez’ life had value.

Unlike courts in, say, San Bernardino.

………

Gardena police have finally narrowed down the type of vehicle used in the hit-and-run death of Torrance cyclist Benjamin Torres on October 10th.

Be on the lookout for a maroon or purple 1995 to 2001 Ford Explorer or a 1997 to 2001 Mercury Mountaineer with light to moderate damage to the right headlight area. Call Investigator Matthew Hassoldt at 310/217-6189 if you have any information.

And on a related note, his step-daughters are asking cyclists to join them in honoring Torres and calling for bike safety on November 10th.

………

The LACBC is launching a safety education and bike light giveaway program dubbed Operation Firefly. The Times looks at the Bicycle Kitchen’s women’s-only Bicycle Bitchen night. Richard Risemberg writes that bike lanes benefit the entire community, including local merchants. Your access to mountain bike trails could depend on playing nice. South Pasadena may consider extending the Arroyo Seco bike path next week. The Culver City Bicycle Coalition is hosting a fundraising ride on Sunday, November 11th, while C.I.C.L.E. is hosting a Made in LA ride on Saturday, November 17.

How not to sell a bike on Craigslist. Video of the amazing turnout at last weekend’s memorial ride in Newport Beach. A new female-centric bike shop opens in Orange County. If you’re looking for a good ride and good beer, you could do worse than a ride to North San Diego County’s Stone Brewing Company. Lucky San Diego cyclists get to choose between two bike supporters for mayor, which is exactly what the LACBC’s Civic Engagement Committee is working towards here in L.A. A nurse has her bike stolen when she stops to help an injured cyclist at San Diego Critical Mass — then a local businessman buys her a new one. A coach with the Sacramento Kings hits a bike-riding child while test driving a new Jaguar, then returns it to the dealership instead of staying to help. Palo Alto police arrest two bike thieves after recognizing them from security footage. Who’s the genius who put a Share the Road sign in the middle of a bike lane? A 92-year old Sonoma driver denies running down two boys in a crosswalk, claiming they were the ones who damaged his car — and that one of them was a girl.

Seven reasons why bikes are for everyone. What does it take to build a world-class bicycling network, and will the US ever embrace bicycling like Denmark has? Why you might need more than one bike. Someday soon, you may never get another flat. Private bike share program Spinlister changes its name to Liquid, in an apparent attempt to conceal what the hell it is from anyone who might be interested. HuffPo looks at the hubris of Lance Armstrong, while the company that gave him $12 million in bonuses wants it’s money back, and an English town prepares to burn him in effigy; thanks to George Wolfberg for the latter link. Drunk Spokane driver gets two-and-a-half years for killing a cyclist. My hometown employs a smartphone app to crowd source cycling data. Oklahoma City gets its first sharrows. A Texas cyclist is under arrest for threatening two pedestrians with a gun. Doorings are down in Chicago, the question is why. Kill a Windy City cyclist in a right hook, and get a ticket for an improper right turn; no, really. The real riders on the storm — New York filmmaker Casey Neistat captures a four-hour ride through hurricane drenched streets. In the wake of Hurricane Sandy, bikes provide the best way in, out or around Manhattan, as the city bans vehicles with less than three occupants from Manhattan. The anti-bike New York Post blames bike lanes for bus-bike collisions; yeah, it couldn’t be impatient bus drivers, overly aggressive riders or just plain carelessness. The world’s first car-only roadway is now a bike path, even though motorists used to fear the same vehicle segregation that many now call for. A Pennsylvania man gets six months probation for killing a cyclist while driving under the influence — six-effing-months probation, which is exactly the same sentence he would have gotten for a first-time DUI even if he didn’t hit anyone; nice to know the death of a human being doesn’t matter one damn bit in Western PA.

The popularity of tweed rides has helped increase the sales of more than just bikes. Helmet-cam video results in charges against a Canadian driver who dangerously Jerry Browned a cyclist — even though he could have safely passed a few seconds later. What to do after a crash. The victim is dead, but at least his bike has been returned. Teenage Brit triathlete is seriously injured in an apparent hit-and-run as she’s found on the side of the road after a car passes her, still clipped into her pedals. A new UK website tracks the best deals on bike gear. An Aussie writer asks whether you consider yourself a cyclist; ever notice that no one ever asks if people consider themselves drivers, which everyone becomes the moment they slide behind the wheel?

Finally, South Park takes on l’affaire Lance. A Polish cyclist is charged with speeding in a 30 mph zone — while riding completely naked except for the pants wrapped around his head.

And if you think some drivers are blind, you may be right.

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