Archive for Bikes & the Law

A slow building right hook, how it looks to be invisible and a very courteous SaMo parking officer

June 1, 2013 / / 4 comments

It’s been awhile since I’ve had a chance to post any videos from my recent rides.

I ended up deleting most of them this past month as I worked to catch up from my recent involuntary computer downtime. And anything that didn’t seem all that dramatic didn’t make the cut.

But here are a few that did.

First up, as happens far too often, a driver speeds up to pass me on Abbot Kinney, then cuts in front of me to make a right turn. He might have gotten away with it if he hadn’t had to stop short to let a pedestrian cross the street he was turning onto.

If I didn’t have good brakes — thanks Chris! — and more importantly, been prepared to use them, this could have had a different outcome.

Note to drivers — never count on a best case scenario to complete a move you shouldn’t have started in the first place.

Then there’s this one taken the same day while riding past the VA hospital in Brentwood, in which I discover just how it feels to be invisible, by nearly rear-ending a driver who pulled out directly in front of me.

Same notes about good brakes and preparation, same thank you to Chris, formerly of the Westwood Helen’s and now a rockstar bike buyer in the Santa Monica store.

And by the way Chris, if you ever need someone to review anything…

Finally, my videos tend to focus on stupid driver tricks, simply because that’s what I usually encounter on the streets. And what shows up well on video.

Trust me, I wish the video of the idiot who nearly t-boned me Thursday by making a left into the bike lane I was riding in on San Vicente had come out better so I could show it to you. But even though he finally stopped about a foot from my left hip, I was looking straight ahead at the time trying to get the hell away from him.

And the camera doesn’t show what I’m not looking at.

But riding north on Ocean through downtown Santa Monica that same day, I was annoyed to find a parking enforcement officer cruising in the bike lane ahead of me, and started searching for a break in traffic to go around him.

Until he evidently noticed me in his rear view mirror, that is, and courteously — and safely — pulled out of my way to let me pass.

And no, he wasn’t pulling over to write a ticket; he gave me a wave as I passed, then pulled back in behind me once I was out of the way.

Note to the City of Santa Monica — if you can identify this guy from the video, give him a medal or a commendation or something.

He makes your city look damn good.

If only all your parking officers — let alone drivers — would follow his lead, the streets would be a much safer place for all of us.

Category: Bicycle Safety, Bike Cam Video, Law Enforcement / Tags: , , , , , , ,

Charge filed in death of bike-riding Cal Poly Pomona student Ivan Aguilar; is the university really at fault?

May 30, 2013 / / 11 comments

A bike-riding college student is dead.

The driver who took his life faces a relative slap on the wrist.

And the campus where he was killed appears to be doing little or nothing to protect cyclists on campus.

Instead, Cal Poly Pomona seems to be hiding behind California’s devastating 85th Percentile Law to justify plans to raise speed limits on campus, making it even more dangerous for anyone on foot or two wheels.

Or at least, that was the gist of a Twitter conversation I had with representatives of the school Wednesday morning.

The outpouring of grief that followed the death of Cal Poly Pomona student and cyclist Ivan Aguilar should have spurred immediate action to tame what is reportedly dangerously out of control traffic on campus, where numerous students have reported feeling unsafe walking or biking.

Yet four months later, no changes have been made to protect students and faculty — not even on the street where Aguilar lost his life. And none are currently planned.

In fact, the school’s new 2013 traffic study doesn’t even include the words bicycle, bicyclist or pedestrian, according to a story by Beau Yarbrough in the Daily Bulletin.

Kind of makes it hard to make meaningful improvements when nothing is considered except speeding motor vehicle traffic flow.

Although to be fair, they have talked about bikes.

Key word being, talked.

But traffic plans that don’t even consider non-motorized transportation show just how out of touch campus leaders are. And how far the school has to go to make it safe for anyone, let alone everyone, whether on two feet, two wheels or four.

Apparently, those students are right to be afraid.

Especially when the death of a popular and promising young man leads to nothing more serious than a misdemeanor charge with a maximum penalty of just one year in county jail.

According to the Daily Bulletin, CPP Civil Engineering student Gonzalo Aranguiz Salazar will face a charge of misdemeanor vehicular manslaughter without gross negligence.

In other words, pretty much the mildest charge authorities could file under the circumstances, while still holding someone accountable for the death.

Is that justice?

I have no idea.

I’ve yet to see any description from any source of how the collision occurred. No word whatsoever on how fast the driver was going, or if he broke any traffic laws leading up to the impact with Aguilar.

Apparently, it’s on a need to know basis.  And no one with knowledge of the investigation seems to think you or I need to know.

We’re just expected to accept that the charges are fair and appropriate given the top secret circumstances.

Sort of like we’re supposed to trust that campus administrators have the safety of their students at heart, on a campus that does not include a single inch of bicycling infrastructure.

Beverly Hills, meet your collegiate counterpart.

In all honesty, I’m not sure Salazar is the one who should be facing charges.

But you can’t charge a college with living in the auto-centric past and favoring motorists at the expense of every other road user. As much as it may be deserved.

But something tells me Cal Poly Pomona won’t make the list of bicycle-friendly universities anytime soon.

Update: Gottobike forwards a quote from American bike racer Ted King that seems oddly appropriate to this discussion:

It is impossible to find solutions when you’re busy making excuses.

And Boyonabike reminds me of something I let slide from the Daily Bulletin story about the Salazar charge, and shouldn’t have. 

The story quotes Megan Chaney, director of Clinical Programs and Experiential Learning and Associate Professor of Law at the University of La Verne College of Law, explaining why a misdemeanor charge may be appropriate in this case.

“A lot of time when somebody plows into somebody in a crosswalk or an intersection, it’s just an accident,” Chaney said Wednesday. “We put the onus, the responsibility on the driver, not the pedestrian, unless they’ve done something really horrible….”

“You’re allowed to look at the radio; that’s why you’ve got a radio. You drop your water bottle and look down to pick it up,” she said. “You really weren’t acting with any sort of criminal culpability. “

That’s the problem.

As a society, we’ve chosen not to hold drivers responsible for all but the most extreme actions behind the wheel. The collisions that result from carelessness, distraction or relatively minor violations of the law are excused as mere accidents, and left for the insurance companies to deal with, with little or no consequences for the drivers involved.

And that’s why we continue to have 30,000 +/- deaths on American streets each year.

It may be the current legal standard. 

But actions that result in the death or serious injuries of others should never be accepted. Or excused. Motor vehicles are, by their very nature, dangerous machines, and their operators can and should be expected to use the same caution behind the wheel that we expect from those involved in any other hazardous situation.

When life is taken more seriously than simple convenience on our streets, then — and only then — will anyone be safe on our streets.

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

Brit twit tweets she hit cyclist, bike rider attacked on L.A. River path, cyclists may get Jerry Browned again

May 22, 2013 / / 7 comments

In today’s lead story, a common sense-challenged motorist is in deep doo doo with British authorities after she tweeted about hitting a cyclist.

And claimed it was her right, since the bike rider doesn’t pay the country’s road tax. Which was actually eliminated roughly 80 years earlier.

“Definitely knocked a cyclist off his bike earlier. I have right of way – he doesn’t even pay road tax!,” “#Bloodycyclists.”

And yes, hit-and-run is a crime in the UK, just like it is here. Especially if you confess to it online.

Thanks to everyone who forwarded this one to me.

………

The LAPD promises to step up their mostly non-existent patrols along the L.A. River bike path after a Glendale man is violently attacked in an apparent gang assault in order to steal his bike.

I’ve long argued that L.A.’s separated bike paths, most of which are hidden from public view along river banks, should be regularly patrolled by uniformed bike cops to deter crime.

Not that anyone has listened, of course.

………

Rails to Trails says cyclists are about to get Jerry Browned once again, as our anti-bike governor threatens to cut funding for the state’s Recreational Trails Program; thanks to Allan Alessio for the forward.

………

In an absolutely disgusting column, a Denver writer apparently assumes she is the only bicyclist who observes traffic regulations.

And blames riders like you and me for making motorists mad enough to kill — even though the case that inspired her hateful diatribe involved a cyclist killed by drunken, wrong way, though admittedly bike-hating, driver.

Using the same irrational logic she employs, domestic violence victims should also be blamed for inciting violence by angering their attackers. And while we all agree sexual assault is wrong, it must be the victims’ fault for wearing their skirts too short or jeans too tight, right?

I though we’d outgrown that kind of offensively misguided thinking decades ago.

Except, evidently, when it involves people on bikes.

If a driver attacks another human being using a motor vehicle as a weapon, it’s because there’s a dangerous psychopath behind the wheel.

Not because a bicyclist — or every damn bicyclist on the road — run stop signs.

………

A more rational writer responds to the same case by suggesting that when motorists start to obey all traffic laws and regulations, then — and only then — can they start getting pissed at cyclists.

As I recall, someone once said something similar about those without sin casting the first stone.

Naw, that’s just crazy talk.

………

Rising BMC rider Tejay Van Garderen wins the Amgen Tour of California; turns out he’s from my hometown, though he went to the wrong one of the other high schools. And three-time ToC winner Levi Leipheimer hangs it up after his recent doping ban.

………

The Buffalo News reports that a bike riding upstate New York boy thanked the paramedics who saved him after one of the most gruesome freak injuries I’ve heard or read about.

Caide recalled the accident – in detail.

“My friend bumped into the back of my bike tire, and I fell,” Caide said. “He flipped over me, and that’s when the right brake handle went into the right side of my stomach, and then my intestines came out.”

Something tells me I’m going to remember those last six words for a very long time.

………

Join Figueroa for All in fighting for bike lanes in Northeast L.A. Los Angeles gets its first commuter bike trains, which may not be what you think. Bikeside comes back to life to predict the winner of Tuesday’s election; oddly, I made pretty much the same prediction on my own. UCLA hosts its first bike-powered concert this Friday. A San Pedro driver complains about taking 45 minutes to drive his kids half a mile to school, as drivers and bike riders counter-protest a recent road diet; hint to driver — your kids could walk that in 15 minutes, tops.

Beware the handlebar-basketed beach cruiser-riding bike path stalker in Rancho Santa Margarita. Temecula is now officially bike friendly. San Diego cyclists may get concrete barriers along a freeway where a car left the road and killed a bicyclist on a separated bike path. Guess Hollywood won’t be filming there either, as San Diego’s Nimitz Blvd goes green thanks to newly painted bike lanes. Our neighbor to the south will honor 95-year old cycling legend Gordy Shields. A bike riding San Jose teenager is killed on his way to school, the ninth cyclist or pedestrian killed in the city this year; thanks to Rebecca Wong for the heads-up. Remarkably, a six-year old Rohnert Park bike rider survives being run over by a multi-ton garbage truck; police may blame the victim, but there’s something seriously wrong when a driver can’t even see what’s directly in front of his truck.

Outside offers bike commuting essentials; if you ask me, the only real essentials are shorts or pants, without which you’re liable to get arrested. Seven reasons conservatives should embrace bikes — if you can find an actual conservative these days, that is. Maybe what you really need is a self-monitoring helmet complete with accelerometer and wireless communications capabilities; or you could just, you know, ride a bike. A new study suggests you’re not as visible at night as you think you are. Who could have predicted that a New Mexico woman who got a slap on the wrist for killing a cyclist in 2010 would be arrested for DUI and careless driving just three years later? A visiting MIT scientist from Japan is killed riding her bike in Boston. A passing New Jersey bike rider saves a family from their flaming home. New York’s bike share program is based on ideas from around the world; predictions of carnage when it opens next week are just a distraction. A New York writer astutely notes that bikes that heavy and slow aren’t likely to terrorize anyone. Georgia looks to lower their rate of bike deaths, something that should be top of the agenda everywhere.

A Toronto man is killed trying to perform stunts on a bike share bike. So much for cycling being clean these days, as French rider Sylvain Georges is the latest to be busted for doping.

Finally, boldly go where most of us have enough sense not to go; no, seriously, I’m sure you wouldn’t look like a total geek in your new Star Trek cycling jersey. And it’s not quite warp drive, but a French cyclist set a new record of 163 mph on a rocket powered mountain bike, just slightly faster than my best speed, albeit without the rocket power; thanks to Michael Eisenberg for the link.

Category: Bikes & the Law, General, Violence & Crime / Tags: , , , ,

Boyle Heights bike rider shot and killed by police; second in just three days

May 21, 2013 / / 4 comments

It’s happened again.

For the second time in just three days, an L.A.-area bike rider has been shot an killed by police, this time in Boyle Heights.

According to the L.A. Times, LAPD officers spotted a man described as known gang member carrying a gun while riding his bike near the intersection of South Gless and East 3rd streets. KTLA-5 says the rider, described only as between 18 and 28 years of age, threatened officers with his gun and was fatally shot following a brief foot pursuit.

No other details are available at this time.

Category: Bikes & the Law, Injuries and Fatalities, Violence & Crime / Tags: , , , ,

Allegedly intoxicated, lightless bike rider fatally shot by Sheriff’s deputies in South L.A.

May 20, 2013 / / 2 comments

Yes, it’s against the law to ride a bike under the influence.

And yes, bike riders are legally required to have both a headlight, and at the very least, a rear reflector.

But the first is just a misdemeanor with a maximum $250 fine. And the second is usually just a fix-it ticket, often dismissed if the rider can prove he or she has put lights on the bike in question.

Neither usually punishable by the death penalty.

Yet that’s what happened over the weekend as a 50-year old bike rider was shot and killed in South L.A.

The L.A. Sheriff’s Department reports that the man, identified by KACB-7 as Terry Laffitte, was riding without lights and appeared to be drunk when he was spotted by Sheriff’s deputies at 9:12 pm Saturday on Miramonte Blvd in unincorporated L.A. County.

When the deputies tried to stop him, he continued riding to his home in the 6100 block of Miramonte. The officers followed him to the back of his home, where he reportedly punched one of them in the face, leading to a scuffle that eventually included members of his family who tried to pull the officers off Laffitte.

During the fight, he allegedly pulled out a gun, leading both deputies to fire a single shot each; Laffitte died at the scene.

The L.A. Times reports that two guns were found on the man, one of which was a replica.

According to the Sheriff’s Department, both Laffitte and members of his family who lived at the house are known gang members.

However, according to the report from KABC-7, family members say the shooting was unjustified.

“My brother was on the ground. They had his hands behind his back,” said Laffitte’s sister, Sandra Cotton. “He didn’t have a gun. Why would you shoot him if he was already on the ground and you guys had possession of him?”

Laffitte’s sister said the altercation was recorded on a cellphone, but she claims the device was confiscated by the sheriff’s department. Detectives said no cellphones were confiscated.

Family members said Laffitte had turned his life around and did not carry guns.

Of course, claims like that are easy to make.

But sometimes, they turn out to be true. Kern County Sheriff’s deputies are accused of illegally confiscating cell phones from people who witnessed a fatal police beating in the Bakersfield area — and allegedly deleting a video of the incident.

So let’s be clear about one thing.

You have a 1st Amendment right to record anything that occurs in public, whether or not it involves the police. And without a subpoena, they have no more right to take your phone or camera, or confiscate any photos or video on it, than anyone else on the street.

Less in fact, since police are required to protect the rights of the public and adhere to legal standards that the general public isn’t.

And while it happens far less often than some would suggest, it is also not unheard of for officers to plant a gun following an illegal shooting. I once knew a cop in another city who made a point of carrying a cheap handgun to drop at the scene in case he ever shot an unarmed person — and according to him, had used it in at least one case.

Of course, there’s nothing to suggest that’s what happened here, other than the statements of family members whose credibility has already been challenged by the gang accusations.

But even gang members have rights. And clearly, the LASD has some questions to answer.

Like how a simple misdemeanor traffic stop was allowed to escalate into fatal altercation.

And it’s not the first time it’s happened.

Category: Bikes & the Law, Injuries and Fatalities, Violence & Crime / Tags: , , , , ,

Update — More bad news for Bike to Work Day: Bike rider killed by driver fleeing a shooting

May 16, 2013 / / 4 comments

The L.A. Times has just reported that a 34-year old bike rider was hit and killed by a driver fleeing the scene of a shooting in Florence last night.

According to the paper, the driver had just fired a gun into his girlfriend’s car when he hit the bicyclist at the corner of East 84th Street and South Central Avenue around 10:45 pm. The rider was dragged across the street by the driver’s vehicle, and pronounced dead at the scene.

Something tells me that relationship is probably over. The driver was arrested on suspicion of assault with a deadly weapon.

This is the 26th Southern California cycling fatality I am aware of this year, and the 14th in Los Angeles County. This has been a horrible year for L.A. County, which usually averages around 24 cycling fatalities each year.

My deepest prayers and sympathy for the victim and his family.

Update: KABC-7 reports that the incident began with a domestic dispute around 10:30 pm, when the driver argued with the mother of his baby. After smashing and shooting the woman’s car, the suspect attempted to flee when a police helicopter arrived on the scene. 

According to Fox-11, the car became airborne before striking the victim, who has not be publicly identified, before hitting a street sign and coming to rest against another vehicle. The man attempted to flee on foot, but was captured nearby.

Category: Bicycle Safety, Injuries and Fatalities, Violence & Crime / Tags: , ,

Breaking news: Bike rider killed in Valley hit-and-run

May 16, 2013 / / 6 comments

It’s happened again.

A bike rider has been killed killed by a heartless coward who left him to die on a San Fernando Valley street.

According to a release from the LAPD’s Valley Traffic Division, 44-year old Van Nuys resident Max De La Cruz was riding west on Roscoe Blvd east of Balboa Blvd around 11:30 pm last night when he was struck by a pickup truck.

The driver fled the scene; De La Cruz was transported to a local hospital where he died of his injuries.

Police are looking for a white truck with cargo in the back, possibly a Chevrolet or GMC, with damage to the front end. More information as it becomes available.

If you have any information, contact Valley Traffic Division Officer Fuentes at (818) 644-8022. During non-business hours or weekends, calls may be directed to 1-877-LAPD-24-7. Anyone wishing to remain anonymous may call Crimestoppers at 1-800-222-TIPS (800)-222-8477).

This is at least the 25th cycling fatality in Southern California this year, and the 13th in L.A. County; there was another death that occurred in West Covina while I was offline last week, more on that later. It’s also the fourth fatal hit-and-run involving a cyclist in Southern California since the first of the year.

My heartfelt condolences and prayers for De La Cruz and his loved ones.

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

Update: Motorist allegedly murders cyclist in Downtown L.A.

May 1, 2013 / / 8 comments

Maybe they really are trying to kill us.

LAist reports a bike rider was killed in a hit-and-run collision in Downtown L.A. on Tuesday. And worse, police believe the driver may have deliberately targeted the victim.

The collision occurred in the 600 block of San Julian Street in the heart of L.A.’s Skid Row around 4:45 pm, when the rider was hit by a 1992-97 Mitsubishi Montero SUV. The vehicle will likely have damage to the right front end.

Needless to say, given the alleged deliberate nature of the crime, the driver fled the scene; he is described as Hispanic man with a mustache, around 45 to 55 years old.

The victim, identified only as a man in his 40s, died shortly later at a nearby hospital.

It’s long been a black joke among cyclists that if you want to kill someone, use a car instead of a gun to ensure you’ll get away with it.

We’ll soon see if there’s any truth to that.

This is the 21st fatal bicycling collision in Southern California this year, and the fourth fatal hit-and-run involving a bike rider. It is also the 10th cycling fatality in Los Angeles County, far beyond the totals for this time in both of the last two years, with four in 2012 and six in 2011.

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

Update: KCBS-2 offers a little more detail on the collision.

Witnesses reported that the suspect “appeared to intentionally point his SUV at the victim and accelerate at a high rate of speed,” according to a police statement. “Upon impact, the victim was propelled about 60 feet through the air. The suspect driver failed to stop and continued north on San Julian, then turned right on Sixth Street and headed west.”

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

Update: Bike rider shot in Baldwin Park drive-by; four SoCal cyclists shot in three days

May 1, 2013 / / 3 comments

Maybe it’s time for bike riders to skip the helmets and start wearing body armor.

The San Gabriel Valley Tribune reports that a 22-year old bike rider suffered critical injuries in a drive-by shooting Tuesday evening.

According to the paper, the victim, who has not been publicly identified, was riding at Downing Avenue and Ramona Blvd at 5:16 pm when a white pickup, possibly a Ford Ranger, containing three to five men drove by.

Evidently, either someone was riding in the back, or they were sitting on each other’s laps.

One of the people in the truck fired multiple rounds, striking the victim in the back before fleeing east on Ramona Blvd. He was taken to the hospital in critical but stable condition, and reportedly didn’t see who shot him.

This is the third shooting of a cyclist in just three days, following shootings in Vermont Knolls and on the Rio Hondo bike path.

Fortunately, all the victims appear to have survived their injuries so far.

Update: It gets worse. According to the San Diego Union-Tribune, a 17-year old bike rider was shot in Escondido around 5:15 pm yesterday in a suspected gang-related attack. The victim was riding on North Beech Street near East Lincoln Avenue when a man standing five feet away shot him in the arm; lucky for him, the shooter was apparently a crappy marksman.

Category: Injuries and Fatalities, Violence & Crime / Tags: , ,

Bike rider killed in Sunday Chula Vista collision; two riders injured in separate SoCal shootings

April 29, 2013 / / 4 comments

This was not a good weekend to be a bike rider in Southern California.

Following on the heels of Saturday’s infamous Mulholland motorcycle crash that mowed down two riders — more on that later — word comes this morning that a bike rider died in the San Diego suburb of Chula Vista Sunday night.

Multiple sources are reporting that the 59-year old rider, whose identity is being withheld pending notification of next of kin, was crossing Palomar Street at Industrial Boulevard when he was struck by a westbound vehicle and critically injured around 7:30 pm. He was taken to a nearby hospital, where he died later last night.

The driver remained on the scene; police said drugs or alcohol did not appear to be a factor.

No other details are available at this time.

This is the 19th bicycling fatality in Southern California this yea, and the third in San Diego County. The victim is also the second bike rider to die in San Diego County in the past week.

My deepest sympathy for the victim and his loved ones.

……..

Adding to the weekend’s carnage was the apparently unrelated shootings of two bike riders over the weekend.

According to the San Gabriel Valley Tribune, an unidentified rider was shot and wounded while riding on the Rio Hondo Bike Path around 4 pm Sunday.

The man reported hearing gunshots from an unknown location before discovering he had been hit by two bullets. Fortunately, his injuries were not life-threatening.

In a separate case, the L.A. Times reports that a 27-year old man was shot in the back from a passing car while riding his bike along South Hoover Street at Manchester Avenue around 3:45 this morning.

The victim is in stable condition at at local hospital. No description of the suspect or the vehicle used is currently available.

Thanks to Rick Risemberg for the link to the Times article.

Police say the shooting may have been gang-related, not surprising given the drive-by nature of the incident.

Category: Bicycle Safety, Injuries and Fatalities, Violence & Crime / Tags: , , ,
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