Archive for Bikes & the Law

Things you see when you’re riding — road raging cyclist and driver fist fight on Santa Monica Street

July 20, 2012 / / 12 comments

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Don’t ask me why I went that way.

My plan was to bypass the meshugenah frenzy of Main Street traffic and shopping Main in Santa Monica on Wednesday.

But at the last moment, I decided to cut up Ocean Park Blvd from the beach, and head up Main to Abbot Kinney before making my way down the coastal bike path.

Just as I rounded the corner at Main, though, I saw a guy charge up to a little red delivery truck on the opposite side of the street, jerk the door open and pull the driver out before he began punching him.

Or more precisely, punching at him, as neither party seemed to be able to land a decent punch.

Ali vs Frazier, this was not.

As I went back and dialed 911, the pugilists seemed to calm down; the first guy went around the other side of the truck, emerging with a bike.

He looked like he was trying to ride off when the driver grabbed the rack on the back of his bike; next thing I knew they were exchanging words again, followed quickly by more punches.

Eventually, sanity seemed to prevail, and the cyclist rode off up Ocean Park, followed by the SUV. And both were gone long before the police arrived.

Then again, so was I, as I got tired of waiting and continued on my ride after the 911 operator assured me they had my phone number if they needed me.

Why the fight, I have no idea.

Judging from the position of the bike behind the truck, it could have been a near miss right hook, or the driver may have even bumped the bike just before I got there.

But that’s pure speculation. It could just as easily been the result of an ongoing dispute that started blocks earlier.

And either party could have been to blame.

However, I do know that the cyclist was legally in the wrong the moment he pulled the driver from the truck. On the other hand, the driver had the chance to walk away and chose not to, leading to round two.

In other words, they could both have faced charges if the police had arrived sooner.

So don’t be an idiot.

No matter how mad you get, or how justified you feel, just get the license number and ride away.

It beats the hell out of going to court on criminal charges.

Or maybe getting your ass kicked.

Or worse.

Thanks to Chris and the gang at the Westwood Helen’s for hooking me up with the helmet cam — and fixing up my bike so I could ride a little easier with it. And thanks to Richard Masoner of Cyclelicious for volunteering to pitch in to process the video when my Mac failed me.

Category: Car vs Bike, Violence & Crime / Tags: , , , ,

A heartwarming story to end your week, a bunch of legal updates and week’s worth of links

July 14, 2012 / / 4 comments

Now that there’s finally a lull in this week’s rash of bad news, let’s catch up on all the news that’s been on hold this week.

………

First off, maybe you remember the story.

It was about a year and a half back, when I told the tale of a hero bus rider who jumped off his Commuter Express bus after a long day at the DWP to stop a bike thief, and rescue the prized ride of a total stranger.

It’s one of my favorite stories I’ve told on here, second only, perhaps, to a pair of female triathletes who saved two men from drowning off the Malibu coast.

And I was there last year when Good Samaritan Hospital, where the owner of the bike, Dan McLaughlin, serves as a vice president, honored him at the annual Blessing of the Bicycles.

But after that, I lost track of the story until L.A. Times writer Nita Lelyveld gave me a call a few weeks back.

What I didn’t know was that the story didn’t end that day when McLaughlin handed his bike’s rescuer a plaque in front of a group of gathered cyclists. They had become friends, bonding over bikes, and Bolivar and his wife had even taken to riding a tandem together.

It’s a beautiful story. And one that Nita tells beautifully.

It’s definitely a must read, if you haven’t already.

………

My apologies to Shane Feldon.

I had promised to write this week about a new light system currently looking for funding on Kickstarter. Unlike other bike lights, it doesn’t just attach to your handlebars, but actually is a structural part of your bike.

So it’s always there when you need it, and you never have to worry about forgetting it or having it stolen.

Unless they take your whole bike, of course.

Sadly, there’s only a few hours left to get funded, and it looks like it’s going to end up well short. But if you’ve got some money to invest — or happen to own a bike company — this looks like a great idea with a lot of potential.

………

Nineteen-year old Korean college student Jin Hyuk Byun has pleaded not guilty to a single charge of hit-and-run causing death for allegedly killing 18-year old Angel Bojorquez as he rode home from work in Rancho Santa Fe last Friday.

The judge recognized the risk Byun posed, calling him “an extreme danger to the community,” as he raised Byun’s bail from $50,000 to $1 million, according to the North County Times.

The NC Times also reports that Byun allegedly stopped after killing Bojorquez — not to render aid or call for help, but to push a broken headlight assembly back into place and strip the torn rubber from his tire before driving home on the bare rim.

Remarkably, he faces a maximum of just four years in prison for leaving another human being to die on the side of the road.

Surely there are other charges the DA can file.

Vehicular homicide might be a good start.

………

In other legal news, the Highland Community News confirms that Patrick Roraff has entered a guilty plea in the 2010 death of pro cyclist Jorge Alvarado, as we discussed Monday; co-defendant Brett Morin is still pleading not guilty.

Dj Wheels reports that Phillip Goldburn Williams, charged with vehicular manslaughter in the July, 2010 death of cyclist Victor Apaseo-Rodriguez in Downtown L.A., has been convicted after changing his plea to no contest.

And walked away with a slightly bruised wrist.

Williams received a three years of probation, $194 in fees, 20 days of Caltrans road work, and 160 hours of community service. Oh, and a whopping 12 hours of anger management; we can only wonder what that’s about.

Meanwhile, his victim received a death sentence, carried out on the bumper of Williams’ Chevy Avalanche.

Wheels also reports that a preliminary hearing took place this week for a very pregnant Christine Dahab, charged with felony counts of driving under the influence causing injury and driving with a blood alcohol count over .08, after injuring 13 cyclists in Culver City in June of last year.

And our anonymous South Bay source reports that Joel Alexander Murphy has pleaded not guilty in the hit-and-run death of cyclist Roger Lippman in Huntington Beach last month, as well as for violating his formal parole on drug charges.

I’m also told that both the D.A.’s office and Mothers Against Drunk Driving have been trying to reach out to Lippman’s family and friends to aid in the prosecution and prepare Victim Impact Statements to present to the judge to influence sentencing.

………

In racing news, David Millar wins stage 12 of the Tour de France, seven years about coming back from a doping ban, in what’s turning into a British dominated race. Cadel Evans cracks in stage 11, while Wiggins tightens his grasp on the lead, and Thomas Voeckler won the first mountain stage of the Tour de France.

Bicycling offers an update on the eight Americans who started this year’s Tour; it ain’t pretty. Meanwhile, young riders Chris Froome and Tejay Van Garderen learn the hard way what it means to be a domestique.

Not content to go after Lance, the U.S. Anti-Doping Agency bans his doctors and former trainer, while Armstrong refiles his lawsuit against USADA, and a U.S. representative calls for an investigation into the USADA for wasting time investigating Armstrong. And current former TdF champ Alberto Contador plans to return from his doping ban next month.

It’s been 45 years since British rider Tommy Simpson died in the Tour de France, the first, but sadly not only, fatality in its 109 year history.

The route for the fourth stage of August’s badly named USA Pro Cycling Challenge is in danger, as a giant sinkhole threatens to swallow the roadway.

In local racing, the Easy Reader offers a good wrap up of last weekend’s Manhattan Beach Grand Prix, as Ken Hanson and Shelby Reynolds take the top men’s and women’s categories, respectively.

………

A new date — and new routes — have been announced for this fall’s CicLAvia, in order to make room for the space shuttle. Here’s your chance to ask CicLAvia’s Stephen Villavaso about the changes. L.A. Mayor Antonio Villaraigosa offers up a video explaining how CicLAvia is transforming our streets, while Better Bike provides a detailed look at the new areas you’ll experience.

………

Bill Cosby narrates a 1970s-era public service video about bi-cycling, as he calls it; who knew Santa Ana used to be bike friendly?

………

A reader sends in this photo of an angry Santa Monica bus driver cursing him out after he asked the driver to be more careful. He notes that Big Blue Bus officials were very helpful in handling his complaint, and that simply taking a photo is often the best thing you can do when confronted with a traffic altercation.

I’ve long been a believer in pulling out a camera when confronted with angry driver.

Especially ones that may have been otherwise distracted.

………

The monthly Spoke(n) Art ride rolls tomorrow. CD13 City Council candidate Josh Post is hosting a two hour fun ride along the L.A. River bike path on July 22nd to share his vision for a bike-friendly L.A. and revitalization of the L.A. River. If you’re in the market for a new job, Bikes and Hikes LA is looking for in-shape, bilingual tour guides. LADOT will be testing new treatments Sunday for the badly worn Spring Street green bike lanes. BIKAS offers a better than passing grade for L.A.’s new bikeway efforts. Will Campbell creates another great timelapse through Griffith Park. Santa Monica moves forward with their own 13 station bike share program, which may or may not be compatible with the upcoming L.A. bike share; Better Bike asks what role, if any, the Westside Council of Governments will play on the region’s expanding bike share plans. Glendale gives up on the Honolulu Ave road diet, as auto-centric council member Dan Weaver observes that the city’s streets were designed for automobiles, not bicycles; thanks to Michael Wade for the heads-up. The route has been set for Pasadena’s inaugural Gran Fondo. A ghost bike was installed Friday for Larry Schellhase, the cyclist killed when he hit road debris in Redondo Beach last April.

Newport Beach votes on placing sharrows on the East Coast Highway; word from cdmCyclist’s Frank Peters is that they were approved. San Diego cyclists are understandably upset after Caltrans decides to remove a ghost bike for fallen rider Nick Venuto, but manage to save another for Chuck Gilbreth; they’ll also host a ride to honor fallen cyclists Theodore Jones and Angel Bojorquez on July 25th. San Diego hires Safe Moves to provide bike and pedestrian safety training to students. A local resident asks why Coronado isn’t bike friendly. Sharrows are coming to Highway 101 in Solano Beach. The Bert and Ernie approach to sharing the road. Be careful biking with your dog running alongside; or better yet, just don’t. Security video catches a Solvang burglar breaking in to a bike shop and running out with two bikes. Palo Alto moves forward with a new bike plan. Good news, as the Modesto girl seriously injured when she stepped in front of an antique car to save her bike riding brother returns home from the hospital. Cyclists are gaining political influence in the Bay Area, though not everyone is happy with it. A not guilty plea from the driver accused of critically injuring New Zealand pro cyclist Michael Torckler in a Sonoma County hit and run.

The Bike League looks at our own Dorothy Wong. States can’t wait to spend former bike funding on other projects. New pedals double as bike locks. A Portland study shows bicyclists spend more at local business. Clif Bar celebrates its 20th Anniversary by giving Public bikes to their employees. According to a Denver paper, either cruiser bikes rule, or they’re ruining cycling for the rest of us. A micro brewery in my home town converts its parking lot into secure bike parking. Survivors of the devastating Colorado fires say their lives would be better if they could just get rid of those damn bikes. Aspen CO cyclist can now expect to get a warning instead of a ticket. A North Dakota’s Supreme Court rules a cyclist can be convicted of drunk bicycling. Republican candidates in Madison WI unite to oppose a local bike path. Turns out riding a bike in Chicago is safer than riding in the suburbs. A Michigan driver rear-ended and critically injured a rider, then casually continued on to the same casino where his victim worked. Ohio bike lawyer Steve Magas asks if this is the worst crash report ever. A reminder that cyclists aren’t always the good guys, while a Columbus writer says that city’s drivers are courteous, but cyclists are road-hogging jerks who should be ticketed — and describes unsafely passing a rider as proof. New York plans to slow more drivers down to a 20 mph speed limit. Boston’s Lovely Bicycle finds the middle ground in appreciating John Forester, the father of vehicular cycling. Shockingly, it turns out drivers break the law more than cyclists. Turns out that the DC-area cyclist who killed a pedestrian recently wasn’t a spandex-clad maniac after all. North Carolina cyclists ride in honor of Steve Jordan, the state director for mental health, who was killed while riding his bike on the 4th of July. Florida plans to allow bikes on some limited access highways on a trial basis.

A San Diego physician saves the life of a doored cyclist while vacationing in Vancouver. The British Medical Association says curb car use and make room for bikes and pedestrians. From anorexic model to a favorite in team pursuit at the London Olympics. A British Paralympic cyclist sees her games in doubt after she’s Jerry Browned by a passing car. German cyclist Kristina Vogel bounces back from a broken neck to compete in London. A London cyclist rhetorically asks why not just ban bikes entirely after they’re barred from bus and Olympic lanes prior to the games. A British cyclist receives the equivalent of 36 cents in court ordered compensation for his stolen bike. “Pranksters” nearly decapitate a 12-year old English boy by stringing rope across the footbridge he was riding on; yeah, real funny. Tests show cyclists using earphones at a reasonable level can still hear warning sounds from other riders, comparable to a car driver with no music playing. An Aussie cyclist calls for an end to road rage.

Finally, that’s what I call a rough ride, as a Type 1 Diabetic riding in the Tour Divide stops to check his blood sugar, encounters a bear, slides off of an embankment and nearly drowns in a river before making his way back to his bike — and on to a hospital. This is what I call a sharrow. And these are the rules that should govern every bike club:

1) Ride Bikes

2) Try not to be an ass

………

My apologies to everyone who sent me links this past week. Between all the breaking news and an inadvertent email crash, I’ve completely lost track of who sent me what. But I am grateful to each of you, and hope you’ll all keep sending me more stories as we move forward.

Category: Best of, Bicycle Safety, Bikes & the Law, General, Injuries and Fatalities, Legal Cases, Stolen Bikes and Bike Crime / Tags: , , , , , , , , , ,

A road raging Monrovia driver, a bike riding RB police chief, and an anti-bike ordinance in Costa Mesa

July 10, 2012 / / 8 comments

Let’s catch up on recent news.

Starting with a traffic-crazed Dr. Thompson wannabe who tried to run over, then punch out, a group of cyclists last Friday.

Monrovia Patch forwards word of a roadway altercation in which a motorist apparently became enraged with a group of cyclists and swerved his car into them, forcing one rider to rear-end a parked car.

Then the candidate for anger management got out of his car and started hitting another rider before police arrived and took him into custody.

Patch reports that two cyclists were treated at the scene by paramedics.

If anyone has more information on this story, let me know.

Thanks to Monrovia Patch for the news.

………

Two big stories hit the news while I was tied up with family activities over the holiday period.

Even if that family consists of my wife and a six-year old Corgi.

First up is the news of the off-duty Redondo Beach police chief who commandeered a theft suspect’s bike to chase him down and help make the arrest.

Hats off to Chief Joe Leonardi for proving a police chief can still be a real cop; I’m not sure how many of his peers would have chased the suspect themselves, rather than just calling in their street level officers. And for remaining in riding shape — and recognizing that a bike is often the best way to get there, whether or not you’re chasing someone.

And whether or not it’s yours.

Chief, you can ride with me anytime.

Second is the news that Costa Mesa has banned bike parking on public property to — get this — battle the local homeless population.

Apparently, homeless people don’t like having their bikes stolen any more than people with residences to go home to at night.

Go figure.

So instead of dealing with the problem — like maybe providing a secure place to store their belongings, let alone a roof over their heads — city leaders respond in a regressive fashion by attacking everyone who rides a bike.

A member of the Homeless Task Force that came up with the recommendation promises police won’t be heavy-handed in enforcing the ban.

Neighborhood Improvement Manager Muriel Ullman, a member of the task force, said the ordinance would be enforced within reason. For example, if nearby bike racks are all full, then police would not enforce the ordinance.

“If the police see there is an open rack, and they sees (sic) some bikes lying on the grass…they’re not just going to go impound the bike, they’re going to work with the people,” Ullman said.

Right.

Never mind that the city currently has only 38 bike parking spaces in their 30 parks.

Something tells me they have a hell of a lot more than 38 parking spaces for cars. And not just at public parks, but anywhere in the city that cyclists — excuse me, human beings — would like to go.

The nearly forgotten Cyclists’ Bill of Rights, which clearly has not made it to Costa Mesa, includes the right to safe and secure bike parking at the end of a trip.

Personally, I think the law should be changed so that anytime secure bike racks are full or unavailable, cyclists have a legal right to lock their bikes anywhere they damn well please. Up to and including the legs of Costa Mesa council members.

That would only begin to put us on a par with motorists, who enjoy tens of thousands more parking spaces than are available for bicyclists in most areas. As well as forcing cities and building owners to invest the relative pennies needed to provide adequate bike facilities, as opposed to the $4000 to $40,000 it costs to provide space for a single car.

We can only hope that Costa Mesa somehow comes to its senses and repeals this discriminatory, wrong-headed anti-bike and anti-homeless ordinance.

If not, I hope everyone who rides a bike will remember this on election day.

Thanks to Lois for the heads-up on the Costa Mesa ordinance, and everyone who forwarded news about the Redondo Beach Police Chief — far too many to thank here, but I’m grateful to everyone who takes the time to send me a link.

………

Erik Griswold forwards a comment on a Danish website (scroll down) claiming to be from a San Francisco motorcycle dealer.

One of my business endeavors is a motorcycle dealership in San Francisco, California. Among other things my dealership services and repairs Police motorcycles for the City of San Francisco and for the California Highway Patrol in this area. I have talked to Police Officers about the “bicycle problem.” We have a serious problem in California with bicyclists thinking that traffic rules apply only to others and that “share the road” means “take the road and screw the cars.” I think some of these people purchased the wrong size spandex and the blood flow to the brain got cut off.

All of the Police Officers I have talked to will not ticket an automobile driver if a bicyclist ignores traffic rules and gets run over in the process. Several of the Officers smiled and quietly encouraged me to “just hit them.”

Everyone is tired of bicyclists inventing their own rules, not just in Copenhagen. Being sustainable, greeny and eco-friendly is not a blanket pass to misbehave.

I cannot wait to paint the first bicycle on the side of my company truck, fighter-pilot kill style. 😉

Aside from the obvious threat in the last line, if this is legitimate — which, given the nature of anonymous internet comments is always questionable — it goes a long towards illustrating the bias bike riders face from those charge with protecting us.

And yes, I’m looking at you, San Diego Police Department.

………

A judge orders the thrill killers who shot developmentally disabled cyclist Jordan Hickey as he rode his bike to stand trial on murder and special circumstances that could result in the death penalty. Testimony in the preliminary hearing indicated they were cruising for victims when they encountered Hickey, shooting him three times with a shotgun just for the hell of it.

Which, appropriately enough, is where they belong.

I’m not a supporter of the death penalty. But if anyone ever deserved it, these two would be at the top of my list.

………

Team Sky’s Bradley Wiggins dons the yellow jersey in the Tour de France, as teammate Chris Froome won stage seven and stage eight was taken by the youngest rider on the tour. It looks like a good tour for the British Commonwealth, as Wiggins takes yesterday’s time trial to keep his yellow jersey, while last year’s winner Cadel Evans holds second overall.

Wiggin’s Team Sky teammate Chris Froome finished second in the time trial. For awhile, it looked like young American rider Tejay van Garderen would win, instead settling for the white jersey as best young rider.

The new leader gets a little hot under the collar when asked about cynics who believe doping is required to win the tour. Cyclists are dropping like flies as countless collisions deplete the riding roster.

If you need an introduction to le Tour, you could do worse than this pop-up guide, reviewed by Gina Morey Rosemberg.

Meanwhile, New Zealand pro Michael Torckler is bouncing back after a near fatal hit-and-run in Sonoma county. A South African woman is the first to finish in the top ten in the women’s Giro d’Italia, as Marianne Vos, Emma Pooley and American Evelyn Stevens take the top three.

Lance files suit against the U.S. Anti-Doping Agency in an attempt to derail doping charges, and is quickly shown the door for now. Former TdF champ Jan Ullrich briefly almost comes clean. And Cofidis rider Remy Di Gregorio is the latest to be arrested for suspected doping in today’s “clean” riding world.

………

The L.A. Times talks with leaders of the city’s bike and pedestrian communities on how to calm traffic. LADOT Bike Blog offers the agenda for tomorrow’s BPIT meeting. L.A. area schools will share in a $48.5 million Caltrans grant to the Safe Routes to Schools program. Will Campbell rides under the big rock — yes, that rock — with his timelapse camera rolling. Better Bike offers a detailed analysis of cycling casualties, concluding the highest risk is during the summer and for riders aged 45 to 54; he also astutely asks why it’s up to an unpaid bike blogger to compile stats that Beverly Hills city officials should be doing. The Bike Babes Bicycling Classic will roll round-trip from Long Beach to Huntington Beach next Sunday. A young Riverside man struggles to walk again, nearly three years after he was hit by a car while riding his bike.

Cyclelicious asks what’s wrong with this picture, as road construction signs block a major bikeway. San Mateo County officials plan to improve a bike lane where cyclist Lauren Ward was killed in 2010; why does it seem like officials always wait until someone is killed to fix a problem? A writer for the London Mail rides his rental bike across the Golden Gate Bridge. An Oakland cyclist is killed in what one witness describes as an intentional hit-and-run. Sunnyvale could soon be the third city to adopt an L.A. style anti-harassment ordinance; nice to see former LADOT Bike Blog writer Christopher Kidd making a name for himself up by the bay. Sonoma County struggles through four cycling deaths in just five weeks — and Michael Torckler could have easily made it five — while over 200 cyclists turn out to honor one of those victims, former Sonoma State University Steven Norwick. Meanwhile, a local rider says cyclists would stop dying if they’d just slow down; evidently he’s an expert on the subject, thanks to one whole year of riding experience. Fairfax CA police crack down on scofflaw cyclists who blow stop signs in groups of 10 to 20. A Visalia rider makes a slow comeback a year after a devastating solo collision.

A writer blames bike sharing for escalating the mythical war between cyclists and drivers; that explains why no cyclists in cities without bike share programs — like Monrovia, for instance, ever have to deal with angry drivers, right? The National Park Service plans to expand access for mountain bikes. Raising your handlebars could reduce sexual dysfunction for women riders. A big-hearted former bike rider with cerebral palsy offers his three-wheeled recumbent to a disabled Utah man whose bike was stolen for the third time. Collisions are on the rise as Denver cyclists and drivers struggle to coexist on the road; actually, it’s pretty easy — if everyone follows the rules, no one gets hurt. Chicago Jews and Muslims ride together in a show of unity; I’d love to see a ride like that here. Chicago trains 100 to 200 new bike cops every year; then again, Escondido bike cops seem to be doing pretty good, too. Whimsical bright colored bikes reappear for the third year in Muskegon MI. Heartbreaking news, as a registered sex offender has been arrested for the murder of missing Louisiana cyclist Mickey Shunick, even though her body has not been found. Police and prosecutors — and motorists — are ignoring New York’s three-foot passing law. Fearless Bed-Stuy cyclist attempts to stop a thief from stealing two bikes, rescuing one. The popular Bike Radar website launches a new American version.

A North Carolina father riding with his daughter watches as she’s killed by a pickup while riding in Canada. A Winnipeg writer suggests lowering speed limits across the city to the equivalent of about 25 mph. Scandinavian researchers says the effects of inducing traffic demand by increasing capacity are ignored too often. After security officers tackle a young boy riding his bike next to the Olympic torch run, they release a report saying he simply fell down and rode off on his own — despite video evidence to the contrary. An insightful look at anti-bike bias in the media that focuses on scofflaw cyclists while ignoring the far bigger problem of dangerous drivers. Taiwan attempts to kick start a bike culture. A Canadian transport expert calls for loosening Melbourne’s helmet laws on a trial basis. A South African man commits suicide after being charged with the hit-and-run death of an 18-year old cyclist. A new study suggests Australia’s bike boom is a myth, as ridership has declined on a per capita basis.

Finally, a great pro cycling ad from Huffy, of all places. And seriously, if you’re an underage cyclist riding with drugs, burglary tools and a loaded gun, don’t ride salmon without a headlight.

Category: Advocacy & Politics, Bikes & the Law, General / Tags: , , , , , ,

Breaking news — Road racing killer of pro cyclist Jorge Alvarado pleads guilty

July 9, 2012 / / 5 comments

Big breaking news from San Bernardino.

I’ve just been forwarded an email indicating that Patrick Michael Roraff has entered a guilty plea in the death of rising pro cyclist Jorge Alvarado.

According to the email from Velo Club LaGrange Race Program Director/Elite Men’s Team Manager Stu Press, Roraff pleaded guilty to charges today. He’d been charged with a single count of felony gross vehicular manslaughter with a maximum sentence of six years in state prison.

Alvarado was on a solo training ride on Greenspot Road in Highland, northeast of San Bernardino on April 8, 2010 when a car driven by Roraff went out of control while street racing and hit Alvardo, who died at the scene. Roraff later apologized for his actions.

The driver of the other car, Brett Michael Morin, was also charged in the same case; the San Bernardino County Court website indicates he’s scheduled for a disposition/reset hearing on August 15.

Roraff will be sentenced at 8:30 am on August 6th, in Department S26 of the San Bernardino County Court.

According to Press’ email, cyclists are encouraged to attend and make a brief (2 – 5 minute) victim impact statement stating how Alvarado’s death has impacted you. That can be anything from whether you knew him and suffered a direct loss, or if it has affected you in other ways, such as being afraid to ride for fear of similar incidents.

While his plea change suggests that a plea deal may be in place, a big turn out could still influence the sentence the judge imposes.

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

Breaking news — arrest made in hit-and-run death of 18-year old Rancho Sante Fe cyclist

July 9, 2012 / / 15 comments

San Diego news sites are reporting that an arrest has been made in the hit-and-run death of 18-year old cyclist Angel Bojorquez.

According to 10News, 19-year old San Diego resident Jin Hyuk Byun was arrested Sunday night after a neighbor reported seeing damage to Byun’s 2008 Chevy Avalanche. NBC San Diego reports that he initially refused to cooperate with CHP investigators, but confessed after officers obtained a search warrant and discovered the truck.

Contrary to initial reports, the night Bojorquez was killed was the first time he had attempted the 20-mile bike ride home to Escondido from his job in Del Mar. He was forced to make the ride because he was unable to share his usual drive with his brother, and the buses he would have needed didn’t run that late.

Investigators determined that he was killed approximately one hour before his body was discovered by private security around 2 am — which means Byun ran him down just minutes after Bojorquez was stopped by a sheriff’s deputy.

No word yet on what charges Byun may face.

Let’s hope authorities treat this case with the seriousness it deserves. Any chance Bojorquez may have had to survive his collision was lost when Byun chose to run away like a coward rather than stop and call for help.

Although San Diego courts aren’t exactly known for handing down stiff sentences in cases like this.

Meanwhile, friends and family members are attempting to raise funds to pay for the victim’s funeral.

Maybe Byun’s family could sell that truck to make a sizable contribution.

Category: Bicycle Safety, Bikes & the Law, Legal Cases, Roadway Courtesy / Tags: , , , , ,

Nordhoff hit-and-run victim identified; city to offer $50,000 reward

June 21, 2012 / / One comment

Two weeks after a cyclist was killed in an early morning hit-and-run on Nordhoff Street, we finally know the name of the victim.

According to a press release from the LAPD, the rider who was run down on Nordhoff Street on Friday, June 8th was 76-year old Northridge resident Paul Albert Helfen, who appears to own a number of properties in the Valley.

So let’s get this straight.

At 76, Helfen was healthy enough to be out riding at 2 am — and doing everything right, according to the police. And some coward not only runs him down, but leaves him lying there to die in the street.

Nice.

Fortunately, this city is taking this one seriously.

Friday morning — two weeks to the day after Helfen was murdered — city and police officials will announce  that the City Council has approved a $50,000 reward for information that will lead to the arrest and conviction of the heartless SOB driver of the 2007 – 2012 Nissan Sentra that killed him.

Hit-and-Run Driver Leaves Bicyclist Dead $50,000 Reward Offered

WHAT:
Press conference to announce a $50,000 reward motion leading to the arrest and conviction of the hit and run driver who caused the death of a 76-year-old cyclist.

WHEN:
Friday, June 22, 2012, 10:15 A.M.

WHERE:
Los Angeles City Hall, John Ferraro Council Chamber
200 North Spring Street, 3rd Floor, Room 340 Los Angeles, CA 90012

WHO:
Councilmember Mitchell Englander, Council District 12
Captain Ivan Minsal, Commanding Officer, Valley Traffic Division Detective William F. Bustos, Officer-in-Charge Valley Traffic Detectives Family members of Victim Paul Albert Helfen

WHY:
To announce a $50,000 reward for information that will lead to the arrest and conviction of the hit and run driver who killed 76-year-old Paul Albert Helfen.

•Visuals will include a photograph of Mr. Helfen.

Los Angeles: The Los Angeles City Council has approved a $50,000 reward for anyone who will come forward with information that will help LAPD Valley Traffic Division Detectives solve a case of a fatal hit-and-run collision.

On Friday, June 8, 2012, at approximately 2:00 A.M., Valley Traffic officers responded to investigate a traffic collision involving a bicyclist near Nordhoff Street and Gaviota Avenue in the community of North Hills. The investigation revealed that Mr. Paul Albert Helfen, 76-years-of-age, was riding his bicycle eastbound on the south side of Nordhoff Street when he was struck from behind by a vehicle. Mr. Helfen died at the scene as a result of suffering serious injuries during the collision.

The investigation has revealed that the possible hit and run vehicle is a 2007 through 2012 Nissan Sentra. The hit and run driver fled without stopping to render aid to Mr. Helfen or to identify himself or herself in accordance with the law.

Anyone with information about this incident or the whereabouts of the driver or hit and run vehicle, are asked to contact Valley Traffic Detectives at (818) 644-8000 or (877) LAPD 24-7.

Address/Location
LAPD – VALLEY TRAFFIC DIV.
7870 Nollan Place
Panorama City, CA 91402

Contact
Emergency: 9-1-1
Non-emergencies: 818-644-8000

This is the highest reward I’m aware of for the hit-and-run of a Southern California cyclist.

Maybe it will be enough to bring Helfen’s killer to justice.

My deepest sympathy to the family and friends of Paul Helfen.

Thanks to Richard Risemberg and Sam Ebnet for the heads-up.

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

Are police in bike-friendly Santa Monica holding a dooring victim to a different standard?

June 11, 2012 / / 10 comments

Are cyclists being held to a different standard?

So it would seem in bike-friendly Santa Monica.

This past Friday, a cyclist was critically injured when he ran into a car door while riding south on 11th near Oak, just below Ocean Park Blvd.

The rider, identified only as a man in his 40s, reportedly flew over the door and landed directly on his head, suffering a life-threatening head injury.

It’s worth noting in this particular case that he wasn’t wearing a helmet, as the story points out; this is exactly the sort of slow speed collision bike helmets are design to protect against.

And then the officer goes on to immediately blame the victim, accusing the rider of being drunk at the time of the collision.  According to Santa Monica Patch, SMPD Sgt. Richard Lewis said,

“Alcohol played a big role,” Lewis said. “We do not know that he is going to survive.”

He goes on to add,

“There will not be any criminal charges,” he said. “It appears to be an accident.”

Witnesses said that the rider had been swerving in and out of traffic lanes before he hit the car door, which had been left open for several seconds.

By reading the news stories, it certainly sounds like the riding was completely at fault; a drunk rider collided with a car door that he should have seen and been able to avoid.

And maybe it happened just that way.

Then again, maybe it didn’t.

While the police spokesperson suggests the rider was drunk and there’s a reference to a blood test being done at the hospital, there’s no report of just how high his blood alcohol level was. He may have had a couple of drinks, or he may have been plastered.

Then again, it may not really matter.

One thing I’ve learned dealing with the LAPD on other cases is that under California law, whether or not a driver is drunk is a secondary factor unrelated to the cause of a collision.

For instance, let’s say two cars collide at an intersection, and one of the drivers is drunk. If the drunk driver ran the red light, he caused the collision by running the light — not by being drunk. His drunkenness might be why he ran the light, but it’s not the cause of the collision under the law.

On the other hand, if it was the other driver who ran the light, the fact that his victim was drunk is entirely unrelated to the cause of the collision.

Yet in this case, police are suggesting that drunkenness was the cause.

Even though state law prohibits opening a driver’s-side car door if it interferes with traffic. And then, only as long as necessary to get in and out of the vehicle.

22517.  No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic, nor shall any person leave a door open upon the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

The Times story reports that the driver left the door open while she gathered her things, which would seem to be a clear — yet non-cited — violation of CVC 22517.

The driver should have gathered her things before opening the door, or she could have moved around to the other side of the car where the open door would not have interfered with traffic.

We’ve also learned from the CHP in the Carol Schreder case that witness reports of what a driver was doing in the moments leading up to a collision have little or no relevance to the actual collision.

In that case, numerous witnesses said they saw the driver operating his truck at a high speed and in a careless manner for several miles prior to hitting Schreder’s bike. Yet police didn’t even talk to those witnesses, as they said what occurred a few miles away had no bearing on what actually caused the collision or the charges the driver eventually faced.

I might argue that point. In fact, I have.

But if that’s the way the law is applied to drivers, that’s how it should be applied to cyclists.

So the fact that the victim had been drinking wasn’t the cause of the collision. Nor were the comments that he was weaving in and out of traffic prior to the collision.

The cause of the collision appears to be a car door that was left open in violation of the law, as well as a possible careless cyclist who may or may not have been able to see the door in time to stop safely.

There’s one other thing we should note.

On the Patch site, there’s an imbedded video showing the police investigation at the site of the collision. At the end of that, there is what seems to be a local resident blaming the narrow road and lack of a bike lane in the direction the victim was traveling.

It’s entirely possible that traffic on that narrow street caused the victim to ride in the door zone and could have prevented him from swerving out of the way when — and if — he saw the door blocking his path. It’s also possible that he may have tried to brake to avoid the door.

Bikes seldom leave the skid marks police use to determine if a vehicle tried to stop, which can lead them to erroneously conclude that a rider didn’t brake prior to a collision.

Which is just one more reason why every police traffic investigator should be trained in the unique physics and forensics of bicycle collisions.

This wreck could have occurred exactly as the police suggest. It’s entirely possible that the victim could responsible for his own injuries through his own drunken carelessness.

Or he could be the victim of a careless driver and bad road design.

We’ll probably never know.

But it certainly looks like the police may be going out of their way to blame the victim and let a dooring driver off the hook.

Thanks to Evan G for the heads-up. And say a few prayers for the victim; reading between the lines, his outlook doesn’t sound good.

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

Cyclist killed in early morning North Hills hit-and-run; BOLO for dark blue SUV with front end damage

June 8, 2012 / / 11 comments

This is not the news any of us wanted to wake up to.

Numerous sources are reporting that a cyclist was killed early Friday in a North Hills hit-and-run, when a rider was hit from behind  on Nordhoff Street near Gaviota Avenue.

According to a release from the LAPD, the rider was riding eastbound near the curb when his bike was hit, throwing him onto the street and into a raised planter box in the Auto Zone parking lot; a witness report says he bounced off the SUV’s windshield.

According to both KABC-7 and KCBV-2, the victim, who has not been publicly identified, was doing everything right when he was hit.

“This bicyclist did all the right things. Unfortunately, this accident occurred. I mean, he had a helmet on, the reflective vest, the bike headlights. He was an avid bicyclist. He had all the right things on,” said Capt. Ivan Minsal with the Los Angeles Police Department.

The avid bicyclist remark appears to stem from the fact that the victim was wearing bike shorts and appeared to be riding for exercise or recreation, despite the late hour.

Descriptions of the victim vary. The L.A. Times describes him only as a 53-year old male, while KABC-7 says he was a Hispanic man in his 50s or 60s; the LAPD release describes him as a whit male in his late 60s or early 70s.

Police are looking for a dark colored, possibly dark blue, Chevy Blazer or similar mid-size SUV with front end damage, most likely with a broken windshield.

Anyone with information is urged to contact the Los Angeles Police Department, Valley Traffic Detectives, Detective II James Deaton #24252 at 818 644-8035 or Detective III William Bustos #25029 at 818 644-8021 during normal business hours.

Police also note that you don’t have to reveal your identity.

After-hours calls may be directed to a 24-hours, toll-free number at 1-877-LAPD-24-7 (527-3247). Callers may also text “Crimes” with a cell phone or log onto WWW.lapdonline.org and click on Web Tips. When using a cell phone, all messages should begin with “LAPD.” Tipsters may remain anonymous.

At least in this area, Nordhoff is essentially a six lane, high-speed throughway that encourages motorists to drive far above the speed limit, particularly in the late night hours when light traffic essentially allows drivers to go as fast as they want.

The new L.A. bike plan calls for bike lanes on Nordhoff, though I don’t find it on the five-year implementation plan. Hopefully, it will include a road diet to slow traffic speeds; otherwise, a simple line of paint wouldn’t do a damn thing to stop a driver who couldn’t seem to see a cyclist lit up like a Christmas tree.

And keep an eye out for an SUV that matches the description. Anyone who could do something like this and then heartlessly run away like the coward he or she is belongs behind bars.

This is the 23rd cycling fatality in Southern California this year, and the 7th in Los Angeles County; it’s the first bicycling death in the City of Los Angeles in 2012. This is also the fourth bike-related fatal hit-and-run in the seven county SoCal region this year.

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

Thanks to LAPD Deputy Chief Jorge Villegas for the heads-up.

Update: The LAPD has identified the victim as 76-year old Northridge resident Paul Albert Helfen; a $50,000 reward is being offered for the arrest and conviction of his killer.

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

Support LACBC with Clif Bar 2 Mile Challenge; is NYPD ignoring probable cause in stopping cyclists?

June 5, 2012 / / 10 comments

Here’s your chance to make a sizable donation to support cycling in Los Angeles. Without spending a single cent.

That’s because this month, the Clif Bar 2 Mile Challenge supports the Los Angeles County Bicycle Coalition. Sign up now, and for every trip you log, Clif Bar will donate one dollar to the LACBC, up to $10,000.

Which means, as long as you’re willing to give them your personal contact information, you can make a donation just by riding your bike.

Or better yet, taking part in this Sunday’s L.A. River Ride.

………

New York police have begun what looks like a series of summer cycling checkpoints.

Now, I’m not a lawyer. Especially not the Constitutional kind.

But stopping riders at random to look for legal violations certainly raises the question of how they can make a traffic stop without probable cause, when courts have repeatedly ruled that the Constitution prohibits them from doing the same to motorists.

Police need a legally justifiable reason to stop and search a car — whether they’re looking people driving under the influence, hidden contraband or safety violations. They can’t just stop random vehicles to cast a net for possible violations.

That’s why police are required to announce the time and location of DUI checkpoints, and why you have every right to turn around to avoid a checkpoint. And why you also have the right to refuse a search of your vehicle.

So can someone please tell me why those rules don’t apply to stopping cyclists?

Or does the Constitution not apply for us?

And yes, you do have a right to ask an officer why he or she stopped you. And just like motorists, you have the right to refuse a request to search your back pack or seat bag.

………

A one-year old child is killed in a ride-by shooting by a suspected gang member. Downtown cyclists can expect new bike lanes and multiple bike racks in the new Grand Park. Help map South L.A. for CicLAvia with RideSouthLa on June 17th. Crossing the 405 can put your life at risk. Bike lanes continue to sprout in South L.A. Buffered bike lanes come to Montana Ave in Santa Monica, while the city scales back plans for the planned Esplanade on West Colorado Ave. Ryan Gosling rides a Schwinn in Studio City, or more precisely, loads one into a van; then again, he’s not the only classic Schwinn lover. The proposed bike route upgrades for PCH north of Malibu could morph into separated bike lanes. A Long Beach cyclist is blogging from this year’s AIDS Lifecycle ride; note to CHP, it’s not a race.

The first attempt at sharrows is always a learning experience. The Santa Ana River Trail gains national recognition. The OC Weekly looks at Charlie Gandy and the biking renaissance in Long Beach. Cathedral City cyclists will soon get bike lanes over I-10. A Ventura County driver can’t understand why any cyclists would want to risk their lives by riding in the roadway rather than on the white line, or why they got upset when he honked for them to move over; would anyone care explain it to him? Barry Bonds rides a $16,500 Pinarello. A Modesto woman is killed when a driver doing 10 mph runs over the children’s bike trailer she was riding in; how a collision like that could happen at that speed defies explanation.

Now they say endurance cycling can kill you. Members of my fraternity will ride across country to raise funds for people with disabilities. Oregon cyclists have been taken in by a bicycling con man. Seattle wants to attract more willing but wary cyclists, as opposed to unwilling and scared shitless, I suppose. Utah cyclists ride for road respect. The author of The Seven Habits of Highly Effective People has finally returned home over a month after a solo cycling collision. A Denver cyclist slams into a rollerblading woman and rides away without stopping. An Iranian student is killed in a Denver hit-and-run while walking his bike in a crosswalk. A Chicago area writer says don’t trust drivers like him. Indiana bike collisions are on the rise. Sheboygan cyclists and drivers seem confused by city’s bike lanes, while Massachusetts drivers claim to be hopelessly confused by bike-friendly back-in parking. A North Carolina cyclist is blamed for his own fatal collision after riding with a BAC of .38. Charleston police arrest a pantless bike rider. Even though 80% of Panama City FL residents don’t have a car, virtually no attention is paid to the city’s cyclists. A cyclist shares the lessons learned on a journey from Seattle to Patagonia.

Canadian cyclist Ryder Hesjedal’s victory in the Giro results in an uptick in cycling interest north of the border. Bike lanes aren’t cool, they’re necessary. A Canadian mother poses topless to promote bike helmets, while Copenhagenize’s Mikael Colville-Anderson says promoting helmets is keeping riding rates down. A remarkably auto-centric look at bike riding scofflaws on the streets of Ottawa. A Brit cyclist rides around the world in record time; on the other hand, there’s no need to race. A UK writer says angry, stupid, stinking bike thieves just aren’t human. A six-year old British boy rides 113 miles to raise funds for a local hospice. A Sussex cyclist leaves a pedestrian with a black eye in a dispute over who had the right to a pathway; seriously, pedestrians on bike paths can be annoying, but it’s not worth getting violent — or mad, even. Hugh Jackman rides the streets of London on a Brompton. Norway’s recent mass murderer blames his violence on a hatred of Muslim’s stemming in part from a broken bicycle. Bicycles are the new status symbols on the streets of Jakarta.

Finally, an anti-bike New York City Council Member is widely derided — and deservedly so — after calling for a mandatory helmet law, while the Deputy Mayor clearly gets it, saying mandatory helmets won’t save lives but protecting cyclists from drivers will.

Now if he could just explain the constitution to the local police.

Category: Advocacy & Politics, General, Law Enforcement / Tags: , , , , , , ,

Update: Two cyclists shot in Koreatown, one killed

May 26, 2012 / / 3 comments

Multiple sources report that two Hispanic men were shot while riding their bikes in Koreatown Saturday afternoon.

According to the L.A. Times, incident began near the intersection of New Hampshire Avenue and San Marino Street around 1:20 pm, when a bike rider was struck by a white SUV. One of the men inside the SUV then got out and shot the victim as he lay on the ground, killing him.

Witnesses report that the SUV appeared to be chasing at least one one of the riders when some sort of altercation occurred leading up to the collision and shooting.

Following the first shooting, the men in the SUV began pursuing the second rider; it’s unclear whether he was riding with the first victim or just happened to be riding alone in the same area. He was shot by the same man in the 800 block of south Vermont Avenue; fortunately, his wounds are not life threatening.

The suspects are described only as three Hispanic men in a white SUV-like vehicle. They were last seen driving south on Vermont Avenue towards Olympic Boulevard.

Police continue to investigate the motive for the shooting.

While gang violence seems like the obvious explanation, as the Times points out, it could also be the result of road rage or a personal vendetta.

Thanks to Sam Ebnet for the heads-up.

Update: KABC-7 identifies the victim as a 19-year old Los Angeles resident; while they give a name on the video report, but I’m unable to clearly make it out after several listenings. Police report two men exited the vehicle; witnesses report hearing approximately 15 gunshots.

Anyone with information is asked to call Det. Mark Morgan at 213/38-9470 or 877/527-3247.

Update 2: LAist identifies the victim as Shaoyan Almazan. The Times reports Almazan appears to have been targeted by his killers.

Update 3: According to the L.A. Times, the second victim was riding with Almazan, and was struck in the hand as he tried to ride away. He stopped to in the 800 block of Vermont to call 911, which is why he was found a few blocks away. The shooter is described as medium height and weight, wearing a hooded sweat shirt. In other words, it could be just about anyone.

Still no word on why the riders were targeted.

Update 4: According to the LAPD, the shooting was definitely gang related. That doesn’t make it any better, but it means local cyclists don’t have to worry about a crazed road raging driver roaming the streets.

Just a cold-blooded killer.

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