Archive for Bikes & the Law

Police Reports: The Good, The Bad, and The Ugly

January 28, 2014 / / 2 comments

Today marks the beginning of the new sponsor-supported BikinginLA.

In addition to advertising on this site, our first sponsor, Jim Pocrass of the law firm Pocrass & De Los Reyes, has agreed to write a semi-regular Wednesday column on the legal rights of bicyclists.

After talking bike law with him on several occasions, I can assure you he knows his stuff. In fact, the column below matches my own experience, when a bad police report resulted in the insurance company rejecting my claim when I was injured by a road raging driver.

So I hope you’ll join me in welcoming Jim to BikinginLA. And take his advice to heart — if it could happen to me, it could happen to anyone.

………

Jim Pocrass, Pocrass & De Los Reyes LLP

Jim Pocrass, Pocrass & De Los Reyes LLPBy James L. Pocrass, Esq.

Bikes Have Rights™
By James L. Pocrass, Esq.
Pocrass & De Los Reyes LLP 
 
I recently took a Malibu bike accident case in which the driver of a motor vehicle made a left turn into the cyclist. The accident happened at dusk; it was not dark out yet. The police report states that the cyclist was cited for “unsafe speed conditions” because he was wearing all black.

Police blaming the cyclist for the accident is not unusual. I don’t think I have ever had a bike accident case – and I have represented hundreds of cyclists – in which the police report did not blame the bicyclist. Nevertheless, it is important that you file a police report if you are in a bike accident.

Though police officers are often biased against cyclists, they usually get the facts of an accident correct. Such details of the accident:  the time, place, weather, what direction each participant was going and where they were located when the accident happened, contact information for witnesses, confirmation of insurance, and any physical evidence at the scene, is usually recorded correctly.

It is the police officer’s conclusion that is typically wrong. Though I would much rather police officers would lose their cyclist bias, filing a police report is still beneficial to your legal case and to your insurance claim because it sets out in writing the basic facts.

Police reports with tainted conclusions may make the handling of your case or insurance claim more difficult, but the police report and the opinions and conclusions of the police officer are not admissible in court. They are all considered hearsay.

The problem comes in when the insurance company reads the police report and accepts the officer’s conclusions. They may refuse to settle your case or offer you much less compensation than which you are entitled. The result is that we have to file a lawsuit, gather evidence, and take the police officer’s deposition to prove the officer was wrong. Frequently it is during or after the deposition stage that the insurance company will offer to settle the case to avoid going to court.

So if you are in a bike collision, file a police report. In quite a few cities – including the City of Los Angeles – if you say you are not injured (and you should NEVER comment on injuries or guilt), a police officer will not come to the scene. In that situation, you need to go to the police station at your earliest opportunity (even sooner than that), and file a police report. Get the facts on the record.

Remember, filing a police report does not mean you have to file a legal case. It can assist you in collecting compensation for damages you incurred in the bike collision and, should you decide to take legal action later, it will be an important tool to give your bike accident lawyer as he is pursuing your case.

*California Vehicle Code 21200: A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle. . .

………

For more than 25 years, Jim Pocrass has represented people who were seriously injured, or families who lost a loved one in a wrongful death, due to the carelessness or negligence of another. Jim is repeatedly named to Best Lawyers in America and to Southern California Super Lawyers lists for the outstanding results he consistently achieves for his clients. Having represented hundreds of cyclists during his career, and Jim’s own interest in cycling, have resulted in him becoming a bicycle advocate. He is a board member of the Los Angeles County Bicycle Coalition.  For a free, no-obligation consultation, contact Jim Pocrass at 310.550.9050 or at info@pocrass.com.
Category: Bikes & the Law, Bikes Have Rights, Guest Columns /

Lots of news — SaMo Blvd bike lanes, CicLAvia 2014, misguided SaMo Op-Ed piece, possible Olin charges

January 27, 2014 / / 2 comments
Sold out auditorium for the recent Southern California Cycling Summit; see below.

Sold out auditorium for the recent Southern California Cycling Summit; see below.

Let’s catch up on some of the recent news.

……….

First up, Westside riders owe a big thanks to Mark Elliott of Better Bike.

Elliot has led the fight — almost single-handedly at times — to improve safety and ridability in the traditionally bike-unfriendly Biking Black Hole of Beverly Hills.

A comparison to a lone salmon swimming upstream would be putting it mildly; the mythical Sisyphus would be more apt.

Yet somehow Elliot persevered, resulting in a 1-year “pilot program” to install bike lanes on Burton Way, and bike lanes and sharrows on North Crescent Drive. While I’ve never had cause to ride Crescent, the Burton Way bike lanes have become my favored eastbound route out of the city — when I’m willing to risk my life riding through Downtown Beverly Hills to get there.

For the past year or more, Elliot has led the fight to include bike lanes on a reconstructed Santa Monica Blvd when it goes under the knife in 2015, providing a vital missing link between existing lanes in West Hollywood and Century City.

Despite overwhelming odds and the opposition of the city’s paid consultant and members of the Blue-Ribbon Committee established to study the issue, his efforts have once again carried the day, winning approval by a 9-2 vote of the committee.

Then again, the fight isn’t over yet.

The committee’s recommendation now goes to the Beverly Hills City Council for approval next month, on a date to be determined. Hopefully, we’ll get enough advance notice of the meeting to show up and voice our support.

But for the first time, it looks like we might actually get a near-continuous Santa Monica bike lane stretching from the 405 in West LA to east of La Cienga in WeHo. And we have him to thank for it.

Of course, there still are problems to be solved.

……….

Next up is the newly announced CicLAvia schedule for 2014.

This year offers three of the exceptionally popular Open Streets events, minus last year’s overly crowded CicLAvia to the Sea and the long-rumored San Fernando Valley CicLAvia. Both are promised for next year, though the former may see a reconfigured route to overcome some of the problems that resulted in near-impassible blocks of bike-congestion on Venice Blvd.

Yet even with just three events on the calendar, it looks like a strong line-up.

The Iconic Wilshire Boulevard route returns on Sunday, April 6th, once again following LA’s main street from Downtown to the Miracle Mile — although Mark Elliot has hinted that Beverly Hills might like to get in on the action. The route visits some of the city’s finest architecture and historical sites, as called out in this guide from the Militant Angeleno.

CicLAvia takes the summer off — perhaps because that Valley route fell through? — before returning with a reconfigured Heart of LA route through the Downtown area on October 5th. This year’s route extends from Echo Park to East LA, as well as traveling the length of Broadway from 9th to Chinatown, with a stop at the relatively new Grand Park.

Finally, the first holiday season CicLAvia will take place on December 7th, with its first full foray into South LA. The route will range from Leimert Park, the cultural center of the Southside, to Central Avenue, the birthplace of West Coast Jazz and home of the legendary Dunbar Hotel. Can’t wait to read the Militant’s guide to this one.

Of course, the question is, does any of this really matter?

And the answer is, of course it does. In ways that many of us, myself included, may not have realized.

LA Times architecture critic Christopher Hawthorne has written what may be the best and most insightful analysis of what CicLAvia is and can be. And the role it plays in transforming our city for the better.

It’s a must read.

Just don’t read the comments.

……….

On the opposite side of the coin, there’s this misguided Times opinion piece from a long-time resident of Santa Monica, who blames bikes and urban planning for all the traffic problems in the city.

In it, he laments the young urbanites who have invaded his city, while simultaneously proclaiming that the majority of the city’s 92,000 residents can’t ride bikes and live too far to walk to the city’s newly hip urban core.

So wait.

Despite the influx of moneyed young people, most city residents are too out of shape — or maybe just too lazy — to get on a bicycle? They can’t be too old, given the number of riders I know in their 70s, 80s and even 90s who somehow manage to ride on a regular basis.

And if no one can ride, where do all those casual bike riders come from?

As someone who used to work in the city over decade ago, I can testify that Santa Monica’s traffic problems existed years before more than a handful of bike lanes appeared on the street. It frequently took me over an hour to drive the 6.5 miles from my beachside office to my apartment just 6.5 miles to the east — and not because of any bikes on the streets.

And don’t even get me started on virtually impassible Lincoln Blvd, which has long been avoided by bicyclists — despite being a designated bike route — because of the heavy automotive traffic.

Then he complains about bicyclists who position themselves in traffic — “because they can!” — moments after complaining about the bike lanes that move riders safely out of the way.

For someone who claims to have lived in Santa Monica for nearly three decades, he doesn’t seem to understand the city very well.

Or urban planning, for that matter.

Or bicycling, at all.

……….

The investigation into the December 8th death of cyclist, entertainment lawyer and former Napster exec Milt Olin is nearly complete. According to the LA Times, the case will be presented to the District Attorney to determine whether charges will be filed.

The Daily News reports the Sheriff’s Deputy who killed Olin when his patrol car somehow drifted into the bike lane on Mulholland Hwy could face a charge of vehicular manslaughter, or possibly even felony manslaughter.

“Could” being the key word.

It’s also possible, if not probable, that the DA will decline to file charges based on the evidence presented by the Sheriff’s investigators. And no word on whether charges will be filed against the department if it’s found that the deputy was following policy by using the onboard computer in his patrol car while driving, as some have suggested.

And while the department has gone out of its way to stress the independence of the investigation and deny any special treatment, they have guaranteed that the results will be second guessed — no matter what they conclude — by investigating a death involving their own deputy, rather than turning it over to an outside agency such as the CHP.

……….

The Metro Board approved a motion calling on the transit agency to look into a countywide bike share program (Item 58).

While there’s no guarantee such a program will actually be approved, it could provide deep pockets to back the system, while avoiding the Balkanization caused by competing and possibly incompatible programs in various cities.

………

(L-R) Anthony Reguero, President PTE Events, Chris Carmichael, author Time-Crunched Cyclist, Rahsaan Bahati, President Bahati Foundation and Michael Bell, Oakley.

(L-R) Anthony Reguero, President PTE Events, Chris Carmichael, author Time-Crunched Cyclist, Rahsaan Bahati, President Bahati Foundation and Michael Bell, Oakley.

I received a press release this past weekend from the Bahati Foundation about the SoCal Cycling Summit 2014, held at Oakley Headquarters in Foothill Ranch, CA.

Unfortunately, I found out about it long after the January 14th event was over.

I say unfortunately because I’m a big fan of the efforts of the foundation, founded by former National Criterium champ Rahsaan Bahati, to bring the joy of bicycling to inner city youths.

And because I would have enjoyed hearing from famed cycling coach Chris Carmichael, author of The Time-Crunched Cyclist.

Summit attendees representing a diversified audience that ran the gamut– Olympic medalists, serious weekend enthusiasts as well as international competitors, filled the 400-seat amphitheater to hear Carmichael discuss his revolutionary time-crunched cyclist technique. “The SoCal Cycling Summit is a wonderful platform for our foundation to share its vision in providing assistance to inner-city youth through cycling,” said Rahsaan Bahati, founder Bahati Foundation.

“Athletes want to stay engaged in the sports they love, but it can be a difficult balance for working parents and career professionals. The time-crunched athlete program is a new approach to endurance training, one that actually takes advantage of a busy athlete’s limited training time. It’s been successful for tens of thousands of athletes, and I look forward to sharing the program with everyone at the SoCal Cycling Summit,” stated Carmichael.

Maybe next year.

………

Things aren’t looking good for long-planned bike lanes on North Figueroa Blvd, which had been approved and ready to implement until new City Councilmember Gil Cedillo appeared to throw a wrench in the works — despite his previous support for the plan.

As a result, the LACBC is calling on bike riders to contact the councilmember to express their support for the lanes, especially if you live or work in the area.

Since the candidate forum we sponsored in 2013, we have seen bike lanes installed on Colorado and the Eagle Rock bike lanes extended to Colorado.  All that is left to complete the backbone network in Northeast LA is N. Figueroa.

The residents of Northeast LA are scratching their heads thinking why haven’t they been installed yet?  After all, they were packaged for last year’s projects alongside Colorado/Eagle Rock.  This is a good opportunity to raise the question and urge Councilman Cedillo to keep his promise and install bike lanes on this very important corridor. Please join us TODAY for a day of action urging Councilmember Cedillo to add bike lanes on N. Figueroa between York and San Fernando!

Call Cedillo’s office and share your thoughts.  Dial his downtown office (213) 473-7001 and let his staffer know why you think bike lanes on N. Figueroa are good for everyone.  Then, email alek@la-bike.org and let me know how it went.  Remember to stay positive!

You can find a sample script here.

………

Finally, the CEO of Ford gets it. Even if certain residents of Santa Monica don’t.

 

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

Another drunken hit-and-run, another bike rider left to die in the street

January 26, 2014 / / 2 comments

We should all be sick of this by now.

Another drunk driver. Another hit-and-run. Another bike rider left to die in a crumpled heap on our streets.

This time, it happened in Oxnard, at 2:09 this morning, when 43-year old Gerald Garcia of Oxnard was riding south with a friend in the bike lane on Rose Avenue, just below Raider’s Way.

A 2000 Volkswagon GTI driven by 29-year old Oxnard resident Policarpio Diaz was traveling in the bike lane and rear-ended Garcia’s bike. Garcia was thrown off, while Diaz fled the scene with the bicycle still trapped beneath his car.

It’s entirely possible the wide bike lane may have looked like a travel lane in the early morning hour. To a drunk, anyway.

Witnesses aided police in locating Diaz’ car — apparently with the bike still trapped underneath — and they took him into custody a short distance away. Diaz was booked into Ventura County Jail on felony counts of DUI, Hit and Run and Vehicular Manslaughter, as well as two outstanding misdemeanor DUI warrants.

That’s right.

Diaz had two outstanding warrants for DUI, yet he was still allowed to remain on the streets to kill another human being.

Tragedies like this will keep happening as long as our legal system refuses to take drunk driving, hit-and-run and other traffic crimes seriously. Garcia is just the latest in a long string of traffic victims, with no end in sight.

And if that doesn’t piss you off, maybe it should.

This is the 11th confirmed bicycling fatality in Southern California this year, and the first in Ventura County. It’s also at least the fifth bicycling fatality in Oxnard in the last 38 months.

My deepest sympathy to Gerald Garcia and all his family and friends.

Thanks to Danny Gamboa and Kelly for the heads-up.

And no thanks to the California DMV and a legal system that continues to value the rights of drunk drivers over the right of the rest of us to simply stay alive.

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

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: , , ,

Update: Gatto bill suspends licenses for hit-and-run; hit-and-run victim Damian Kevitt to finish his ride in April

January 22, 2014 / / 8 comments

Now we’re getting somewhere.

Last year, Glendale-area state Assembly Member Mike Gatto sponsored successful legislation to extend the statute of limitations in hit-and-run cases from three to six years.

The bill was stronger as originally written, though, providing an additional year from the date a suspect was identified. Still, the final version that passed the legislature on a unanimous vote of both houses was signed by Governor Brown — which is not always a sure thing — and went into effect on the first of the year.

Now Gatto is taking the next step in ending the epidemic of hit-and-and run.

According to a press release from his office, which does not appear to be online yet, Gatto has introduced legislation calling for automatic license revocation for any motorist who leaves the scene of a collision involving another person — even if the injuries are minor.

That’s revocation, not suspension.

(Update: Actually, it’s not. See below.) 

As such, it goes beyond the 2010 Life Before License campaign sponsored by the apparently dormant Bikeside LA, which called for license suspensions of varying length depending on the severity of the victim’s injuries. Because too often, drivers are allowed to keep their licenses after fleeing the scene, even in cases where the victim has been seriously injured.

And it corrects, in part at least, a loophole in California law that only allows serious consequences in cases resulting in death or serious bodily injury.

Even then, hit-and-run drivers too often walk off with a slap on the wrist. And their license.

“The only way to know if you hurt someone is to stop. The only way to get someone medical help is to stop,” said Assemblyman Gatto. “Allowing drivers who don’t stop to keep their license, adds insult to their victim’s injuries.” …

“AB 1532 will give victims of hit-and-runs solace, knowing that cowards who drive recklessly, and purposefully avoid responsibility for their actions, are no longer driving the streets,” said Assemblyman Gatto. “This is a sensible fix to the law that will lead people to think twice before leaving the scene of an accident.”

It’s not the full solution to hit-and-run.

But it’s something I’ve long called for to discourage drivers from fleeing the scene, and get drivers who’ve shown they can’t obey the most basic requirements for driving — let alone human decency — off the road.

We still need to address the fact that current law actually encourages drivers who have been drinking to flee the scene until they have time to sober up. As well as the fact that unless their vehicle is taken away, many motorists will continue to drive after their licenses have been taken away.

And again, with little or no consequences in far too many cases.

But Gatto’s bill is a vital step to control, if not end, the epidemic. And get some of the state’s most dangerous and heartless drivers off the road.

As Eric Bruins, Planning and Policy Director for the Los Angeles County Bicycle Coalition, noted,

“Stopping and rendering aid after a collision is the most basic duty of a motorist. … Failing to do so can be the difference between scrapes and bruises and a serious injury or fatality. Anyone who flees the scene of an accident has demonstrated in the most cowardly way possible that they do not have the judgment necessary to keep their driving privileges.”

Update: Now that the bill has been posted online, it’s clear that the press release was misleading, at best. Rather than calling for revocation, as the press release stated, it would merely require that drivers who leave the scene have their licenses suspended for 6 months.

As such, it’s still a step forward, if a relatively small one. It’s not as strong as what was called for under Life Before License, and a lot weaker than what I’ve been calling for; whoever wrote Gatto’s press release should know there’s a big difference between suspension and revocation.

The bill would also amend current law to require that drivers who hit a person would be required to stop at the scene, rather than at the nearest location that would not impede traffic. 

The current provision has been abused by drivers who would leave the scene, then turn themselves in hours later with no penalty.

Thanks to Alex H for the correction. 

……….

The press release also notes that Damian Kevitt — the cyclist critically injured in a hit-and-run when a minivan driver dragged him onto the 5 Freeway after running him over near Griffith Park nearly a year ago — is planning to finish the ride that took his leg.

And nearly, his life.

Other hit-and-run victims are continuing the healing process.  Damian Kevitt was struck by a mini-van while on his bicycle and dragged more than a quarter-mile down the Interstate 5 Freeway in Los Angeles last February.  The collision resulted in dozens of broken bones and the amputation of one of Kevitt’s legs. Kevitt recently announced that he will be finishing the ride he started last year at an event on April 27, 2014 to raise awareness for hit-and-run victims and challenged athletes.

The suspect who hit him remains at large, despite a $25,000 reward. You can contribute to Damian’s efforts to raise $10,000 for the Challenged Athletes Foundation.

Seriously, I’m in awe of that guy.

……….

In a somewhat related, and horrifying, story, a Wisconsin driver faces charges for allegedly running down an adult tricycle rider, then fleeing the scene with his victim still lodged in his windshield. Fortunately, the rider wasn’t seriously injured, and managed to free himself after the driver arrived home, reports the StarTribune.

A Wisconsin man who became lodged in the windshield of a car that struck him said he turned to the driver and said, “Hello, I’m the guy you hit on the bicycle.” …

The man finally noticed Gove when he stopped the car outside his home.

“He looked at me and said ‘Who are you? What are you doing in the car?'” Gove said. “He started freaking out: ‘I’m going to jail, I’m going to jail.'”

Thanks to Michael McVerry for the heads-up.

……….

A 79-year old Glendora cyclist is critically injured when he’s left-crossed by an 86-year old driver.

Meanwhile, a 19-year old Temecula man faces nine years in prison after reaching a plea bargain on charges that he fled the scene after hitting a stopped car, then ran a red light to strike another car and a bike rider in a crosswalk; the cyclist survived, but the other driver died several days later.

And if you can get past the paywall, the OC Register’s David Whiting asks if the death of his friend means we should give up sharing the road.

That would be no.

For all the bad news — and yes, there’s been far too much lately — your risk of dying on a bike is an infinitesimal one in 6.3 million. You also face twice as much risk inside a car as you do on a bike, on an hourly basis. And research shows the health benefits of bicycling far outweigh any risks.

I write about the bad things that happen because every fallen rider deserves to be remembered, and even one victim is one too many. And because someone has to wake up our civic leaders to the need for greater safety for everyone on our streets.

Don’t let that scare you off your bike, though.

Because bad things may happen. But they’re highly unlikely to happen to you.

……….

LADOT unveils the next round of planned bike lanes throughout the city. Assuming anti-bike city councilmembers don’t block them, that is.

Meanwhile, the city officially unveiled new bike lanes on Virgil Ave. And LADOT introduces People St to help rebuild our city on a more human scale.

……….

Bike share programs around the US and Canada have been called into question, as the company behind many of the leading programs has filed bankruptcy. Hopefully, Bixi’s financial problems will be just a bump in the road for cities like New York and Chicago, though Time Magazine isn’t very hopeful.

Thanks to Michael Eisenberg for the tip.

………

Flying Pigeon looks at last weekend’s successful Tweed Ride.

………

Finally, the National Business Review asks what you’d do if you knew how to stop bicycling deaths; evidently, the answer is not much, based on experience in Auckland. And Tennessee sheriff’s deputies threaten a bike rider with arrest after he’s assaulted by teenagers, even though they confessed to the crime; thanks to Charles Hudak for the link.

Category: Advocacy & Politics, Bicycle Safety, Bikes & the Law, Car vs Bike, Hit-and-Run / 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: , , , , , ,

Update: 16-year old bike rider killed in Desert Hot Springs hit-and-run

January 10, 2014 / / 2 comments

Then there were three.

Just 10 days into the new year, Southern California has already suffered three cycling fatalities, continuing the bloody pace from last year, when at least 88 riders lost their lives on SoCal streets.

The latest came last night, as a 16-year old bike rider was killed while riding with a friend in Desert Hot Springs.

According to The Desert Sun, Reuben Guzman was sharing a single bike with another boy when they were hit by a Nissan pickup at 5:35 pm at the intersection of West Drive and Desert View Ave. One boy was pedaling the bike north on West Drive while the other rode on the handlebars; no word on whether Guzman was on the seat or the handlebars, or whether the other rider was injured.

The boys reportedly veered into the traffic lane where they were struck from behind by the truck; the driver fled the scene, leaving the victims bleeding in the street.

Guzman died at 11:05 pm at Desert Regional Medical Center in Palm Springs.

Police are looking for a blue or gray Nissan pickup with major front end damage.

This is the third bicycling fatality in Southern California this year, and the second in Riverside County already this year; there were 11 bicycling deaths in the county last year.

Anyone with information is urged to contact the Desert Hot Springs Police Department at 760/329-2904.

My deepest sympathy and prayers for Reuben Guzman and all his loved ones.

Update: According to KESQ.com, Guzman was pedaling the bike while his friend rode on the handlebars on their way to a local bike park. The other victim has been released from the hospital.

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

Bike rider shot and killed in South LA; unidentified Pasadena cyclist suffers critical injuries; SD road rage charges

January 5, 2014 / / 3 comments

Evidently, 2014 is getting off to a challenging start.

Following a year in which Los Angeles had the lowest number of homicides in nearly 50 years, the city suffered its first homicide of the new year early Sunday morning.

And it was a bike rider who got killed.

According to the LA Times, 46-year old Don Johnson was riding his bike southward on the 10000 block of South Main Street in South LA around 12:20 am when an unknown assailant walked up and shot him multiple times; KABC-7 says a witness heard six shots.

Johnson was pronounced dead at a local hospital.

KTLA-5 reports he was shot as he rode in front of a church, most likely the Holy Pathway Missionary Church; he was apparently riding in the bike lane visible on the street leading up to the church.

A report on KNBC-4 — which does not appear to be available online — suggested that authorities suspect it was a gang-related shooting, though there was no indication Johnson was a gang member.

He may have just been the wrong person, in the wrong place, at the wrong time.

And paid for it with his life.

Anyone with information is urged to contact investigators at 213/465-4341 or 877/527-3247, or submit anonymous tips at 800/222-8477.

My prayers for Don Johnson and his loved ones.

………

A bike rider is in critical condition in a Pasadena hospital, the apparent result of a solo crash. And sadly, authorities have no idea who he is.

The Pasadena Star-News reports the victim, identified only as a white male in his 20’s, was found lying in the roadway on Glenullen Drive at Malcom Drive just before 3 pm Saturday. Police initially suspected hit-and-run, but concluded the victim probably lost control riding downhill and crashed into a tree.

He was not carrying identification, and was unable to speak due to major head injuries.

And no, he was not wearing a helmet. However, there is no way of telling if one would have made a difference in this case, though it probably wouldn’t have hurt.

This should also be a reminder to everyone to carry — or wear — ID every time you ride.

Best wishes for the victim for a full and fast recovery.

………

An unidentified San Diego cyclist may see justice after all.

According to San Diego’s NBC-7, 50-year old Douglas Lane faces a felony count of reckless driving with injury for his part in an October road rage incident that left a bike rider seriously injured as collateral damage.

The ironically named Lane was reportedly jockeying for lane position with another driver on State Route 67 just north of Poway Road where two northbound lanes merged into one. Lane lost control of his truck when the vehicles sideswiped one another, and swerved into the bike lane where he hit a 38-year old woman participating in the Pedal the Cause bike ride.

Neither the victim, who was hospitalized with major non-life-threatening injuries, nor the other driver has been publicly identified.

Both vehicles continued without stopping; earlier reports indicated Lane had no idea he’d hit anyone.

He was arrested Saturday, though the warrant was issued in mid-November, and booked on $50,000 bond.

……….

Thankfully, not all the news is bad.

In fact, when it comes to the economic benefits of bicycling, it looks pretty damn good.

……….

Don’t forget to voice your opinion — either online or in person this Wednesday — on the necessity of putting bike lanes on Santa Monica Blvd in the Biking Grey Hole of Beverly Hills when the iconic boulevard undergoes reconstruction in 2015.

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Nice profile of Long Beach bike advocate Melissa Balmer and the new statewide Pedal Love Project, described in the story as a love letter to California bike culture.

………

The San Diego Bicycle Coalition moved to new offices on Friday. By bike, of course.

………

Hats off to Burbank, which hasn’t had a bicycling fatality in the last two years, and just one pedestrian death last year, down from two in 2011.

………

Finally, royal in-law Pippa Middleton clips in for the first time, and likes it. Meanwhile, another rider admits to turning into a royal jerk whenever she slips onto the saddle.

And we wonder why some people hate us.

Category: Bicycle Safety, Bikes & the Law, Injuries and Fatalities, Road Rage / Tags: , , , , , ,

Update: Calimesa hit-and-run victim dies two weeks after collision

December 30, 2013 / / 3 comments

This is not what I wanted to write about today.

I was hoping to end this year on a positive note. But maybe the good news is simply that this bloody year, with its epidemic of hit-and-runs and far too many cyclists killed or injured, is finally coming to an end.

And maybe the new year that starts tomorrow will be a better one for all of us.

………

News broke today that a cyclist in Calimesa suffered major injuries in a Sunday hit-and-run.

According to the Riverside County Sheriff’s Department, the bike rider was riding south on Calimesa Blvd just north of Singleton Rd in the small town east of Redlands and Moreno Valley around 12:25 pm. Witnesses saw a northbound car drift over the centerline and hit the rider head-on before fleeing the scene.

The victim was identified on Don Davidson’s Facebook page as Phil Richards, but it does not mention his age or residence.

In a second Facebook post, he said Richardson coded overnight after spending Sunday afternoon in surgery for multiple injuries, but was revived and in surgery again on Monday morning to stop internal bleeding and relieve pressure in his abdomen. Fortunately, he does not appear to have suffered head or spinal injuries — remarkably, since he was reportedly hit at 50 mph.

The car reportedly struck Richards on the left front, damaging the car’s left side and headlight. The vehicle is described only as a compact four door sedan, light blue or green, driven by an elderly white-haired white or Hispanic man.

Anyone with information is urged to contact the department’s Cabazon Station at 951-922-7100.

Prayers or good wishes are definitely in order.

Thanks to Cleave Law and Tom Herman for the heads-up.

Update: The Riverside Sheriff’s Department has made an arrest in the case. 

According to a press release from the department, a deputy assigned to Calimesa noticed a 2005 Ford 500 matching the description of the suspect vehicle, with damage consistent with the collision, parked in a driveway in the 1200 block of Cherry Lane. 

After towing the car to examine the evidence and talking with the owner, 42-year old Calimesa resident William Donald Johnson was booked for felony hit-and-run.

Then again, Johnson had a full week to sober up if he had been drunk or otherwise under the influence at the time of the collision.

Meanwhile, the victim, who has been identified on Facebook as Phil Richards, remains hospitalized following several surgeries. 

Thanks to Kevin for the heads-up.

Update 2: I’m sad to report that, according to Don Davidson’s Facebook page, Richards died of his injuries at 5 pm on Saturday, January 11th.

This is the 89th bicycling fatality in Southern California resulting from injuries suffered in 2013, and the 12th in Riverside County.

My deepest sympathy and prayers for Phil Richards and all his family and loved ones.

……….

In somewhat better news, another hit-and-run driver is in custody as of Monday evening after he ran down a rider on an adult tricycle Monday afternoon.

According to the Ramona Sentinel, 69-year old James Swift was riding south on Montecito Road at around 1:05 pm. He was crossing Main Street on the green light when he was apparently right-hooked by a 2002 Yukon Denali.

Witnesses report the driver actually stopped and placed the stroke victim back on the seat, saying he was sorry before running back to his truck and fleeing as fast as he could.

Fortunately, witnesses got the license number of the truck, and CHP officers were able to convince him to turn himself in. The 31-year old driver, who was not publicly identified, faces charges of hit-and-run and driving without a license.

But at least he said he was sorry, right?

………

Finally, Ed Ryder offer moving photos of the ghost bike for Pete Tomaino, the popular 82-year old cyclist killed in Laguna Hills on Christmas Eve.

The way this year has gone, maybe that’s a sadly appropriate note to end on.

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