Archive for Bikes & the Law

Evidence-hiding father Stephen Rush already out of jail; trade in your car for a bike in Woodland Hills

Dj Wheels offers a few legal updates, which I’ll try to catch up on in the next few days.

But one thing sure to get a lot of cyclists’ blood boiling is the news that Steven Rush, sentenced to a wrist-caressing 10 days in jail for helping his daughter Dominique hide evidence in the heartless hit-and-run death of 17-year old cyclist Alex Romero, is already out from behind bars.

According to Wheels, Rush was taken into custody around noon on March 6th, the day he and Dominique were both sentenced. And released less than two days later, at 6 am on March 8th.

Forty-two hours.

A virtually consequence-free Lindsey Lohan-ish spin through the judicial system.

Yeah, that will certainly send a message to anyone else considering hiding evidence of a crime.

As in go ahead. It’s no big deal. Just another dead cyclist lying in the road.

Shameful.

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I love this photo from UK bike blogger Karl McCracken, aka KarlOnSea, clearly demonstrating the harmful environmental effects of bicycling.

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Gas prices have you thinking about trading your car for a bike? Now you can.

Literally.

In a brilliant bit of guerilla marketing, Santa Monica Mountains Cyclery is partnering with a nearby car dealer to let you trade your car for a new bike. Just pick out your bike, and go across the street to have your vehicle evaluated for its trade-in value. Then pop back to the bike shop to finish the transaction and ride off on your new bike.

The offer is good next week, starting Monday the 18th and running through Sunday the 25th.

It will be interesting to see if anyone takes advantage of it. And if any of those are new to bicycling.

But either way, the shop deserves credit for using current market conditions to put their name on the map in a big way.

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Santa Monica Spoke reminds us of tonight’s Bikes – Ballads – Beers benefit for fellow LACBC affiliate chapter West Hollywood Bicycle Coalition at Little Bar. I won’t be able to make it, but it sounds like a damn fun — and very affordable — bike night.

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The USC Cycling Team invites you to join them for a benefit ride on Sunday, March 25th, offering your choice of three rides of increasing speed and difficulty, all starting at 9:30 am at Bike Effect, 910 W. Broadway in Santa Monica. The suggested $20 donation supports the 2012 USC Cycling race program.

Meanwhile, bike-friendly KCET looks at this weekend’s Wolfpack Hustle Marathon Crash Race.

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American Cyclist offers a remarkably one-sided look at helmet use, relying on a largely discredited study citing an 85% reduction in head injuries for riders wearing helmets.

While I am a firm believer in helmet use, they are not magic devices that will miraculously protect the wearer against all harm. They’re most effective for relatively slow speed collisions, since their design standards only dictate protection at impact speeds up to 12.5 mph. And even the best helmet will do nothing to protect against injury to any other part of the body.

Don’t get me wrong.

In over 30 years of riding, I’ve only needed my helmet once. And in that case, I’m damn glad I had it.

But let’s be honest about their limitations, and not pretend they can perform miracles.

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The great VC debate continues, as former advocate for Vehicular Cycling Rick Risemberg says cyclists should at least operate like vehicles around other riders. The Department of DIY strikes again, as Except Bikes placards suddenly appear on No Parking signs. Gary Kavanagh becomes an official Streetblogger. LADOT offers initial results on wayfinding input, and wants your take on biking through the Sepulveda tunnel under LAX; personally, I don’t even like driving through it. A pink bike may be the key to a murder investigation. Beverly Hills moves forward with a bike route pilot program with no discussion, at least not yet. Cal State Northridge police bust a pair of juvenile bike thieves; they must have really sucked at it to even get noticed. Lincoln Heights bike shop owners consider building a Velodrome for Eastside fixie riders. Altadena gets a five-mile bike boulevard in the new county bike plan. Women on Bikes SoCal interviews Steven Rea, author of Hollywood Rides a Bike. Long Beach will celebrate April Fools Day with a bike scavenger hunt; the city also offers the nation’s largest city-wide discount program for cyclists. Happy 104th birthday to Long Beach’s Octavio Orduno, who may be the worlds oldest living cyclist. Claremont Cyclist looks at last weekend’s Bonelli Park Pro Triple Crown, the U.S. Cup of mountain bike racing. The popular San Gabriel River bike path is getting an upgrade.

Newport Beach police with celebrate St. Patrick’s Day with a crackdown on bicyclists, pedestrians and vehicle operators to promote bike safety, followed by another on the 24th; I have no problem with it as long as they focus on all violators, and not just cyclists; thanks to David Huntsman for the tip. San Diego gets a new Bayshore Bikeway, and SD riders are encouraged to help rebuild a beloved children’s bike park. The first leg of the 2012 Women’s Prestige Cycling Series will take place next week at the Redlands Bicycle Classic; nice to see women riders finally beginning to get the attention they deserve. Work has begun on a new bike path to connect North and South Camarillo under the 101 Freeway. San Francisco police ignore witnesses and insist a cyclist intentionally crashed into the back of a road raging driver, evidently believing we bike riders are so insane we often crash into cars to get the driver in trouble; maybe this is how they see us. The field is announced for this year’s Amgen Tour of California.

The Atlantic Cities asks if the bikers’ rights movement is gaining momentum, quoting both L.A. attorney Ross Hirsch and former LADOT Bike Blogger Christopher Kidd. Bike lawyer Bob Mionske compares the lack of cycling support among U.S. officials with the newly found backing from UK MPs. Will Levi’s still be in the bikewear business in two years? A Scottsdale cyclist does everything right, and still gets killed by a possibly inattentive driver. Oregon loses a bike-friendly Republican legislator. Idaho considers a three-foot passing law, while banning two-abreast riding. The hazards of biking in the Chicago suburbs. Sports Illustrated looks at rising BMG cycling scion Taylor Phinney.

After a Canadian cyclist is apparently right hooked, police blame the rider for travelling too fast on the sidewalk and not wearing a helmet; good thing drivers don’t have to take any responsibility in the Great White North. An 85-year old cyclist is critically injured by an unmarked police cruiser in bike-unfriendly Toronto; any guess how long they will take to place all the blame on the rider? A 93-year old Scot driver is charged with killing a cyclist celebrating her first anniversary. Scottish cyclists plan a mass ride on Parliament April 28th. UK rabbis declare this the Big Green Jewish Year of the Bicycle, and in an ecumenical gesture, drop in on the Archbishop of Canterbury to say hi. The Guardian asks if British bikes are worth buying — aside from Bromptons and Pashleys, of course; thanks to Evan G for the heads-up. A British solicitor says the common drivers’ excuse that a cyclist came out of nowhere is unacceptable. Surprisingly even-handed advice on how to make the road safer for Australian cyclists. Proposed stickers would warn Aussie drivers to look out for cyclists when opening their doors.

Finally, Volvo introduces a new outside airbag to protect cyclists and pedestrians; it won’t stop a distracted driver from hitting you, but it may hurt a little less. Then again, it will probably only be the most careful drivers who buy it, anyway.

Breaking news — Stephanie Segal sentenced to 9 years for DUI death of cyclist James Laing

I’ve just received word that Stephanie Segal was sentenced today to nine years in state prison for the drunken hit-and-run death of popular cyclist James Laing.

Laing was riding in a designated bike lane on Agoura Hills Road on October 23rd, 2010, when a car driven by Segal drifted into his lane and hit him from behind before speeding off. Witnesses followed her car to a nearby parking lot where she was arrested with a blood alcohol level of .26 — over three times the legal limit.

According to an attorney who was in the Malibu courtroom, Segal was sentenced to four years for vehicular manslaughter, with a five year enhancement for leaving the scene.

From what I’ve been told, Segal never accepted responsibility for her actions; that, along with the heinous nature of her crime, may have contributed to the unusually stiff sentence.

Finally, a judge has treated the death of a cyclist with the seriousness it deserves. Judge Mira deserves our thanks for sending a strong message that fleeing the scene after killing another human being — especially when drunk — cannot and will not be tolerated by a civil society.

Now if only a few other judges would get the message.

If she serves her full term, Segal will be 53 years old when she gets out of prison.

Maybe by then she’ll finally grasp the needless heartache and loss she caused Laing’s widow, his brothers and sisters, and all those who knew him.

She is scheduled to begin her sentence on April 16th.

Update: The Ventura County Star offers a few more details, including word that Laing’s widow received a substantial settlement prior to the sentencing, according to her attorney, Oxnard-based Mark Hiepler.

“It is our hope that today’s nine-year sentence, as well as the civil accountability, will send a message to the community about the real life consequences of drunk driving,” he said. “The death of James Laing continues to produce an ongoing ripple effect in the lives of his wife, their families, the cycling community, and in the lives of each of his students who admired him.

“It also is our hope that this criminal sentence will force people to be more respectful of the rights of law-abiding bicyclists and cyclists,” Hiepler said.

Distracted killer of an 8-year old OC cyclist walks without a single day in jail

I really don’t want to write about this.

I’ve been putting it off since a pair of noontime emails alerted me to a plea agreement in the case of Anita Sue Cherry, the driver charged in the death of 8-year old Andrew Brumback in January of last year.

AJ, as his family and friends called him, was hit by Cherry’s car as he rode his bike to school in January of 2011. He was riding shortly ahead of his sister when he crossed into the Westminster intersection; Cherry initially claimed he “came out of nowhere,” police later concluded that she had been looking down — at what, they never said — when the impact occurred.

In other words, she broke the most basic rule of driver by failing to maintain awareness of what was in the road directly in front of her.

And that single moment of distraction took the life of an innocent boy.

Fortunately, his sister did not see the collision, though what she did see afterward must have been almost as devastating.

It certainly was for the owner of the house in front where he died; you can still see the ghost bike and roadside memorial that sprang up afterwards in the Google Street view photo. And I’m told the Westminster Little League players will wear his initials on a patch this season.

Cherry, who stayed at the scene, was reportedly distraught at taking AJ’s life.

Maybe that’s why the D.A. seems to have been so lenient in this case, offering her a plea deal without a single day behind bars.

She had been charged with a single misdemeanor count of vehicular manslaughter without gross negligence, with a maximum sentence of one year in jail; instead, she pled guilty to misdemeanor reckless driving.

With a limp wrist slap sentence of three years informal probation and 300 hours of community service.

Frankly, I don’t know what to think.

Sending her to jail won’t bring AJ back. And it won’t ease the pain of his family, as shown by the witness statements quoted by the Orange County District Attorney’s office.

At the sentencing today, Brumback’s mother and brother gave victim impact statements to the court. His mother Debbie said, in part, “The loss of AJ has severely wounded our family and deeply injured a community of adults and children who knew him as a friend. I have had a year to put this letter together and am still at a loss for words. How do I continue to move each day without my little boy? My daughter Anna still will not open up and talk about the incident. She was blaming herself for a long time and is longing for her brother and best friend. My son Aaron won’t admit to new friends that he even had a brother because he would have to explain what happened. My husband Bill misses his ‘little buddy’ that used to watch all sports events with him. At school, AJ’s friends tell me how much they miss him. His best friend, Ryan, has been in therapy and hurts to find a friend to play with and share his secrets with. He misses the love of his friend. Not a day goes by that I don’t miss my little AJ.”

If Cherry has any conscience whatsoever, having to wake up every morning with the weight of AJ’s death on her shoulders is a far greater penalty than any jail sentence could have been.

On the other hand, letting her walk feels like a failure of the judicial system.

It’s a perfect example of why children and cyclists and pedestrians continue to die on our streets, when the judicial system refuses to hold drivers accountable for their actions or the lives they take.

Maybe this was a fair outcome.

Maybe not. It certainly doesn’t seem like it to me.

I’ve been angry and depressed all day since I got the news. And more committed than ever to support Safe Routes to School.

Because eight-year olds shouldn’t die on their way to class.

And AJ deserved better.

Bush-hiding hit-and-run driver gets 6 years; Highland Park road-rager guilty of assault with deadly weapon

More news on SoCal’s very crowded court dockets.

San Diego hit-and-run driver Julianne Elyse Thomson — famed for hiding under the bushes while her victim died in the street — was sentenced to a well-deserved six years in state prison.

Thomson had pled guilty in January to gross vehicular manslaughter while intoxicated and hit-and-run causing death. She had a blood-alcohol level of .25 — over three times the legal limit — when she killed 64-year old Arthur John Jacobs as he rode to work on July 27th of last year.

Meanwhile, bike riding attorney Ross Hirsch — who wrote the definitive explanation of L.A.’s new cyclist anti-harassment ordinance — reports that Highland Park road rage driver Louis Mraz has been convicted on a charge of assault with a deadly weapon.

Mraz was charged with deliberately running down cyclist Winona Wacker after a confrontation on Avenue 50, then fleeing the scene.

Not surprisingly, perhaps, it wasn’t his first time. But he still had the unbelievable chutzpah — or sheer hatred of anyone on two wheels — to publicly argue against bike lanes on North Figueroa avenue while facing charges for assaulting Wacker.

Now that’s major huevos. And not in a good way.

Hirsch reports that Mraz was acquitted on charges of hit-and-run and causing grave bodily injury. Sentencing is scheduled for March 26th; no word yet on what sentence he may face, but Hirsch suggests that Mraz is likely to serve his time in county lockup rather than state prison.

Update: The Highland Park and Eagle Rock editions of Patch have picked up the story, reporting that Mraz could face anything from a $10,000 fine to up to four years behind bars.

According to the California Penal Code “any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.”

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A California legislator introduces a bill that would add a $2 surcharge to the price of every bike sold to maintain bike trails and paths within the state park system; in other words, a tax on all cyclists for trails most will never ride.

Personally, I have no problem with the concept, as long as the money doesn’t go into to state’s general fund where we’d never see it again, and is restricted for use exclusively on bike projects.

But why not make it half-a-percent, so the people who can afford high-end bikes pay a little more, while someone who can only afford a cheap bike pays a minimal amount. Then use for bikeways throughout the state, rather than just state parks.

If nothing else, it would shut up the misinformed bike haters who insist we have to pay our own way. Even though we’re already paying theirs.

Meanwhile, a writer in the Washington Post asks why should we?

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The Examined Spoke takes the father of Vehicular Cycling to task, and shows what might have been. Clearly, a UK writer is no fan, and Bike Snob doesn’t appear to be either.

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Somehow I missed this study last year, showing that more bikeways equals more bike riders, even when adjusting for other factors. However, it doesn’t say if more cyclists cause more bikeways, or the other way around.

My guess is it works both ways.

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Bike Radar interviews the LACBC’s Alexis Lantz about the new county bike plan. Turns out it’s not hard to get a permit to block a bike lane, if you actually apply for it. CicLAvia’s Joe Linton talks bike lanes and car-free Sundays. New bike lanes are coming to San Vicente Blvd in West Hollywood. Taking up the car-free lifestyle in Long Beach. Ventura County cyclists will get a new beachfront bike path along Highway 101 south of Carpinteria in a few years. Sadly, a long-time Solvang bike activist passes away just days before his 99th birthday. Evidently, Santa Barbara has a bike shop desert. A Bakersfield cyclist was killed crossing a road on Friday. A Montebello salmon cyclist is lucky to end up with just a broken ankle after getting hit by a van heading the wrong way on a one way street. Turns out that Rear Adm. Dixon Smith, the new commander of the Navy’s Southwest Region is one of us. It’s bad enough we have to dodge drivers, now we have to watch out for cows, too. PayPal Executive Eric Salvatierra was killed while walking his bike on Menlo Park railroad tracks on Friday. Union Pacific runs cyclists off a de facto bike park. Three years probation and 500 hours of community service for the San Francisco cyclist who killed a pedestrian while running a red light; if a driver had killed a cyclist under similar circumstances, we’d be screaming for his head.

Studies show active kids are smarter kids. Automakers say if you’re going to make us fight distracted driving, you need to stop smartphone makers, too; a good read on why drivers hate cars. A popular Seattle bicycle mechanic died after being hit by a car on his way to work. Don’t try this at home; a Chicago cyclist chases down and tackles a purse snatcher. Ohio bike volunteers are sued for practicing engineering without a license for offering advice on improving safety. Early ‘60s rockabilly singer Terry Teen was killed while riding his bike in Texas last week. No surprise as former president George W. Bush declines to participate in the Dallas Ride of Silence. Court records finally explain why the NYPD didn’t charge the hit-and-run driver who killed cyclist Mathieu Lefevre. Ex-framebuilder Dave Moulton offers an interesting comparison of 1950s and modern bike design.

Two years after being injured in a collision, a Vancouver cyclist is sued by the driver that hit him for damaging her car; no really. A Toronto Councilor brags that he would kick a bike courier’s ass if he wasn’t an elected official; maybe he shouldn’t be one. London traffic engineers were ordered to ignore cyclists in planning traffic capacity at a killer intersection. A new interactive map allows UK cyclists to pinpoint areas that need improvement. Bradley Wiggins kicks off the European season with a win in the Paris – Nice Classic; Santa Rosa’s Levi Leipheimer crashed out of competition. The Telegraph asks if Wiggo is the best rider Great Britain has ever produced. Volvo introduces the first air bag to protect people outside of the car — like cyclists and pedestrians. Even Dubai cyclists are getting a new bike plan, including dedicated cycle tracks integrated into all Metro stations; be nice to see that kind of planning in L.A. Green Party politicians say bikes and trucks don’t mix in a dangerous Australian intersection. Taiwan could rival The Netherlands as a bicycle paradise.

Finally, change your mind, change your gears, as a new Toyota Prius bike allows you to shift by thinking — as long as your iPad is strapped to your chest; since it was reported by Fox News, you can blame Obama if it doesn’t work.

And you might recognize the last caller on Patt Morrison’s KPCC segment on the job prospects for Gen Y, identified only as Charlie from Long Beach.

A cold-hearted killer driver — and her father — goes to jail, yet justice seems hollow

Today it became final.

A little over 10 months after 17-year old high school student Alex Romero was run down in a high speed hit-and-run — and long after many of us had given up on seeing justice in this case — Dominique Rush was sentenced to prison for leaving him to die in the street.

Fortunately, the police never gave up — despite the efforts of her father to hide evidence linking Dominique to the crime. He was also sentenced to jail Tuesday for having the car repaired, then sent to a junkyard to keep it hidden from police.

Frankly, I don’t know which disturbs me more.

A young woman snuffing out the life of a popular and promising young man, then fleeing like a cold-blooded coward. Or a father who goes out of his way to help his daughter avoid responsibility.

And don’t even try to pretend that any parent would do the same thing. My father would have marched me into the nearest police station for a lot less than that.

As reported here by cyclist and attorney Dj Wheels, Dominique and her father accepted a plea deal in January that will put her behind bars for two years and eight months for vehicular manslaughter and leaving the scene, while father Steven Rush will serve just 10 days in jail as an accessory after the fact.

According to Wheels, Dominique was given credit for time served and good behavior, slicing over 300 days off her sentence. The L.A. Daily News notes her time will be served in county jail as part of the state’s prison realignment program.

In addition to 10 days in jail, Steven was sentenced to three years in jail and 30 days of community service. Hopefully, he’ll do his service somewhere he can see the results of drivers like his daughter, so the magnitude of his actions may actually sink in.

Wheels, who was in the courtroom Tuesday, reports that it was very painful and emotional to listen to the testimony from family members, who showed 20 minutes of family photos. He says Dominique wept openly during the slideshow, while her father showed little emotion.

KCBS-2 reports that Dominique offered a tearful apology.

“I’ll never be able to forgive myself,” said Rush. “And I’m sorry for all the pain that I caused his family.”

Bizarrely, KCBS also reports that, despite their actions, Stephen insisted that there was no attempt to coverup the crime.

Her father also apologized. “IT was never our intention to hide, or stay away from anything,” he said.

Nice to know they weren’t trying to hide anything in the four months police were searching for the driver and the car they had junked after having it repaired.

According to KCBS, Romero’s mother considers the sentences punishment fair for the crimes committed.

I don’t.

Less than three years seems like a very generous sentence for taking the life of another human being, then fleeing the scene and trying to destroy the evidence. But that just goes to show how lenient our traffic laws are, especially when it comes to hit-and-run.

And just 10 days for the attempted coverup is an inexplicable gift for which her father should be eternally grateful.

Alex received the death penalty for their actions.

And his family suffered a loss in their hearts and lives that can never be filled.

Thanks to the LAPD and all the officers involved in this investigation, as well as the prosecutors who helped get justice for the Romero family. The Rushes are behind bars tonight because the police refused to give up on this case.

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A group of cyclists lead by leading L.A. bike advocate Roadblock met with the L.A. Police Commission Tuesday morning to request that hit-and-run collisions involving cyclists and pedestrians be taken more seriously by police.

And yes, I was one of them, along with the Los Angeles County Bicycle Coalition staff member Bobby Gadda, to represent the LACBC. As well more than a dozen others who took time out of their day to fight for greater safety on our streets.

The Commissioners and Chief Beck were very receptive, and have asked for specific examples of cases where people feel the police weren’t responsive enough or didn’t take their case seriously.

If you were the victim of a hit-and-run and weren’t satisfied with the police response, let me know and I’ll forward your story to the right people in the department. You can find my email address on the About BikingInLA page.

Update: Bicycle Fixation’s Richard Risemberg forwards news of yet another violent hit-and-run, in which a 91-year old woman was critically injured in Lincoln Heights, and left lying  in the street by the heartless coward behind the wheel.

Evidently, the was operating two vehicles at once, as the Times reports police are looking for a white Toyota or beige Honda Accord with a cracked windshield and front bumper damage. The driver is described as a Latina between between 53 and 58 years old, weighing around 170 pounds.

This has got to stop.

Blaming the victim: Beverly Hills police blame sidewalk riding cyclist over dangerous driver

Last week, I received the following email from cyclist and budding brewmeister Todd Mumford.

As you may recall, Todd recently described a collision that left him with minor — though painful — injuries and a badly mangled bike. Now his neighbor has been the victim of a law-breaking driver.

And, apparently, the Beverly Hills police.

Todd notes that the story is second hand, but he has no reason to question his neighbor’s version of events.

He was headed east on Olympic Blvd. At some point he was riding in the street, but jumped on to the sidewalk (there was a car blocking his path or something like that).

He was on the sidewalk when he entered the crosswalk at Olympic/Doheny on a green light with the pedestrian walk sign. According to my neighbor, he checked the road and all was clear as he entered. However, as soon as he got into the crosswalk, he looked left just in time to see an SUV make a right turn from the middle lane at the last second, hitting my neighbor and sending him to the ground; he took the brunt of the impact with his shoulder.

The driver stopped and checked on my neighbor. My neighbor said two or three drivers that witnessed the accident also stopped, and started berating the driver that hit him for driving like a maniac. According to them, the driver of the SUV was speeding down Olympic, weaving in and out of traffic and finally made an illegal right turn from the middle lane before striking my neighbor.

The paramedics arrived as did the police. My neighbor got checked out and nothing appeared broken, but his shoulder was in a lot of pain (it has since become worse and he is going to get it checked to see whether he needs surgery). The police took the statements of the witnesses, the driver and my neighbor.   Their conclusion at the end of the police report was that my neighbor was entirely at fault because he was riding on the sidewalk. (My neighbor also said the police treated him like he did something wrong the entire time.)

Now, as I explained to him, it’s illegal to ride on the sidewalk in Beverly Hills. If he was just a little farther down Olympic he would have been in Los Angeles and it would not have been an issue. What I am wondering is if the police came to their conclusion because the law states it’s illegal to ride on the sidewalk or they think he’s at fault because the driver couldn’t see him because he was riding on the sidewalk.

All of which begs the question, what would the police have concluded had the SUV hit a pedestrian who was walking down the sidewalk had just entered the crosswalk and got hit?

If the police assigned 100% of fault to my neighbor because he broke the law by riding on the sidewalk, they are absolutely in the wrong. There is a legal concept in torts called negligence per se  (http://en.wikipedia.org/wiki/Negligence_per_se), which, although not applicable here, feels like the police may be following the same concept. “You broke a law, you got hit, your fault.”  I have not seen the police report, but if they assigned 100% of fault to my neighbor, I would assume the driver was not cited for anything.

My neighbor said he has since retained an attorney and the driver’s insurance company assigned 80% of the fault to the driver and 20% to him, which is a small victory.

(As a side note, when I was dealing with the adjustor for the insurance company of the driver that hit me, they asked if I was riding on the sidewalk when I was hit.)

This story raises a number of issues.

Not the least of which is the problem of sidewalk riding, which is legal in some California cities and banned in others. And even legal in some areas of cities that ban it in others, such as Beverly Hills, which bans sidewalk riding only in business districts — even though BHPD bike officers routinely ride on the gilded sidewalks of the city’s Golden Triangle, including Rodeo Drive.

This patchwork of laws makes it virtually impossible for cyclists to comply with the law, as they may have no way of knowing if it is legal or illegal as they pass through the many various communities of the county.

In effect, it’s no different from the speed traps that plagued the state in the ’40s and ’50s. By refusing to post regulations on the street where cyclists who don’t live in the city can see them, jurisdictions that ban sidewalk riding virtually ensure that riders who take to the sidewalk for whatever reason will break the law at some point and be subject to ticketing.

Or worse, as this case points out.

Of course, the one solution is for all cyclists to always ride in the street. But simple common sense says that will never happen, as some riders will always feel more comfortable on the sidewalk, while others will jump on and off as needed to avoid road hazards and dangerous streets.

A better answer is to establish a uniform standard from city to city so it’s actually possible for riders to know and observe the law, wherever they ride.

Then there’s the problem of police in the Biking Black Hole of Beverly Hills ignoring witness statements that the driver broke the law by making a right turn from the wrong lane. And deciding that the relatively minor violation of riding on the sidewalk completely outweighs a reckless driver in a dangerous vehicle putting others at risk by committing a major moving violation.

Despite the driver’s potential to cause harm, they insisted on blaming the victim. Instead of holding people operating vehicles that are capable of killing their fellow road users accountable for operating them in a safe and legal manner, they heaped all the blame on the bike rider, who posed a danger no one but himself.

All of which begs the question, what the f*** is wrong with Beverly Hills??????

Maybe you can ask them yourself.

The Beverly Hills City Council is meeting tomorrow afternoon, Tuesday, March 6th, at 1:30 pm. Bikes are on the agenda — a discussion of the city’s first planned bikeways, making them only 40 years or so behind the rest of the world.

But maybe we can use the opportunity to ask why they seem intent on remaining the most bike-unfriendly city on the Westside.

Fighting back against hit-and-run in L.A., and a tree points the finger at the car that killed it

Not all victims of hit-and-run are human.

Hit-and-run is a serious problem in L.A.

And from what I’ve seen, pretty much everywhere else, too.

According to LAPD statistics, a driver flees the scene in a staggering one out of every three reported collisions in this megalopolis we call home.

Last year alone, the city saw 18,819 hit-and-run collisions. That includes 36 cases where someone — another motorist, a cyclist* or pedestrian — was left to die in the street. Along with another 134 people severely injured and 852 with less serious injuries.

I have my own thoughts on how to address it at a state level. Like automatically revoking the license of anyone who leaves the scene of a collision. And impounding the vehicle as evidence pending a trial — then seizing and selling it upon conviction, with any proceeds going to the victim.

After all, you don’t let a bank robber keep the gun he used.

State law already allows a car to be seized by the state if it’s used to solicit prostitution. And isn’t leaving a victim bleeding in the street a little serious than trolling for a blowjob?

Meanwhile, writing for KCET, L.A. bike advocate Don Ward — better known as Roadblock — has his own thoughts on how to address it on a local level.

  1. Elevate the status of hit-and-run against cyclists and pedestrians to that of assault, regardless of the severity of the injury.
  2. License numbers must be run immediately, and a patrol car deployed to the owner’s home to gather evidence.
  3. Saying “I didn’t see them” should be an admission of guilt, not an excuse — especially when it involves a pedestrian in a painted crosswalk.
  4. Speed limits must be enforced by all means possible.

He’s planning to take it up with the L.A. Police Commission at their next meeting at 9 am Tuesday at police headquarters, 1st and Main Street, across from Downtown City Hall. Ward is asking cyclists to meet him at the Starbucks one block east of police headquarters at 1st and Los Angeles Street before the meeting to discuss strategy.

You may think you have more important things to do that day.

But chances are, you don’t.

Especially if you don’t want to find yourself lying in the street one day, watching the car that hit you speed off into the distance.

*LAPD stats show four cyclists killed in hit-and-run collisions in 2011, while my records show three out of the city’s five cycling fatalities were hit-and-run.

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The key to solving any hit-and-run is identifying the driver.

But sometimes, it’s a little easier than others. Especially when the victim grabs the license plate of the vehicle that killed it.

Photos courtesy of the LACBC's and CicLAvia's Bobby Gadda

Two killer drivers — one stays at the scene and gets four years, one flees and gets no jail time

So let me get this straight.

A woman with 16 previous tickets runs down a cyclist while texting and drunk, and gets off with just four years.

Evidently, Danae Marie Miller got an early birthday gift. Although I’m sure she doesn’t think so.

Miller plead guilty on Tuesday to a single count of felony vehicular manslaughter with gross negligence while intoxicated. She had been facing a maximum sentence of 10 years in state prison; she accepted a plea deal for less than half of that.

Her victim, Amine Britel, a world-class triathlete as well as a popular local businessman, was riding in the bike lane on San Joaquin Road just east of Spyglass Hill Road in Newport Beach last February 21st when he was run down from behind by Miller’s car — just one year and one week from the day of her sentencing.

Why she was even on the road that night is question our lenient traffic courts will have to answer. Or would, if anyone was paying enough attention to ask the right questions.

In the six years between 2005 and 2011, Miller received six tickets for speeding or driving too fast for conditions, as well as tickets for driving the wrong way on a one-way street, failure to stop at the stop sign and two tickets for talking on a cell phone while driving.

A record like that should have been more than enough to get her off the road. If the courts had actually taken her obvious refusal to obey basic traffic laws seriously, a gifted athlete might still be alive today.

Instead, she was allowed to keep driving until she killed someone. Now her license has finally been revoked for three years as part of her sentence.

Just a tad too late, I’d say.

Despite initially claiming that she hadn’t been drinking, Miller had a BAC of over .10 nearly two hours after the collision after getting off work at the Zinc Café in Corona del Mar. And despite claiming that she never texts while driving, records showed that she had been texting just moments before killing Britel — though not, apparently, when she actually hit him.

Evidently, you’re not considered legally distracted unless you text WTF! at the exact moment you kill someone.

According to an anonymous source who attended the sentencing, the real surprise was that the two families seemed to be supportive of one another at the conclusion of the case, despite earlier anger.

The surprise in the Miller case is that the families, Miller’s and Britel’s, were amicable after the sentencing, talking with each other in the courthouse hallway. After the daggers I saw fly at Miller from the two members of the Britel’s family who had shown up at the prelim last December, I certainly would never have expected this, especially after the oral impact statements provided to the judge before sentencing. Miller’s family, however, had been very supportive of her, showing up at all her court appearances, so maybe this support will give her a shot at redemption, a chance to be a useful, productive, harmless member of society in the future; even Britel’s family seems to be hoping for this.

We can hope.

Danae Miller is just 23 years old, and spent Tuesday night in the Orange County Jail pending transfer to state prison. With good behavior, she could be back on the streets in a few years.

Whether she will have learned her lesson by then remains to be seen.

Her birthday is in a few weeks; she’ll celebrate it behind bars. Hopefully, she’ll appreciate the early gift she got in court on Tuesday.

Thanks to Jeffrey Fylling and David Huntsman for the heads-up.

Update: I neglected to mention that two civil suits have been filed against Miller for the death of Amine Britel; they were recently consolidated into a single case.

……..

In yet another example of our courts coddling killer drivers, the same anonymous source tells me that Renato Demartino entered a surprise guilty plea on Tuesday for the hit-and-run death of 22-year old Marco Acuapan.

Acuapan was also riding in a marked bike lane, on Walnut Avenue near Browning Avenue, on November 17, 2010 when he was rear-ended by red 2010 Mustang. The driver, later identified as Demartino, fled the scene, leaving his victim lying in the street with severe head injuries.

Acuapan was taken to a hospital in critical condition, where he remained in a coma until his death last April.

According to my source, Demartino was sentenced to just two years in state prison. And even that was stayed, meaning he is unlikely to spend a single night in jail.

Thankfully, his license was revoked for three years, since the court saw fit to let him out.

Seriously, he killed a man and fled the scene. And didn’t even get a slap on the wrist for heartlessly leaving another human being to die in the streets.

May I politely ask what the f*** is wrong with our legal system?

……..

One brief bit of good news.

The County of Los Angeles now has a shiny new bike plan, as the Board of Supervisors passes it on a vote of four to zero; Supervisor Mike Antonovich abstained because of questions about funding the plan.

And a planned Altadena bike boulevard was given teeth when the Supervisors voted to require traffic calming measures, rather than merely allowing as called for in the plan.

Does it matter if you’re right when a wrong-headed legal system says you’re not?

A must-read from bike lawyer Bob Mionske on a failed legal case in Mississippi, in which a judge blames a cyclist for the negligence of the driver that hit her — simply because she was riding on the road.

Except it’s not just a problem down South. It’s one we all risk every time we ride.

You can do everything right on the roads, and still get blamed by a cop who thinks he knows the laws that govern bicycling, even though he’s never been trained in it.

Or failed by prosecutors or judges who misinterpret — or sometimes ignore — legal standards in place to protect all road users.

Even bike riders.

Granted, things have improved greatly in Los Angeles under Chief Beck, particularly through the efforts of bike liaison Sgt. David Krumer. We now have a voice within the department we never had before.

Although it’s still far from perfect, as it’s not hard to find officers who have seen or don’t remember the city’s highly praised bike training module.

But leave the city, and you can find yourself subject to sometimes absurd interpretations of the law.

Take last week, when I was threatened by a road-raging driver while riding on the sharrows on Hermosa Avenue in Hermosa Beach.

The cop I flagged down was more than willing to tell the driver who tried to threaten me that I had every right to ride in the traffic lane. And was happy to explain that those little bike pictures on the street mean that’s where I’m supposed to ride, and he was required to share the lane whether he liked it or not.

So far so good.

But then he followed-up by incorrectly telling me that no violation had occurred — even though it’s against the law to threaten anyone with a motor vehicle, or to pass a rider in an unsafe manner. The truth was was that there was simply nothing he could do since he didn’t actually observe the violation.

Then he went on to add that I could have been arrested for following the driver into a public parking garage to take a photo of his license plate.

If that were the case, every paparazzo in North America would be behind bars.

But maybe the first amendment doesn’t apply in Hermosa Beach.

I’ve also gotten word that the CHP says it’s against the law to ride two or more abreast, even though that’s not mentioned anywhere in the vehicle code.

And I get regular reports from cyclists about officers telling them to get out of the traffic lanes we’re legally entitled to, or to ride in the door zone or amid the broken glass and gravel in the gutters in violation of our rights under CVC.

It’s a very sad comment that cyclists often know the law better than those who are charged with enforcing it. Let alone that we have to.

But that’s the world we live in.

If you’re stopped by a cop who doesn’t know the law, don’t argue with him. You’re far better off accepting a ticket you can fight later than ending up in cuffs. You can take it up with his supervisor when you get home. Or take it up with the judge.

And hope you get a better one than the one in Mississippi.

……..

A letter writer says the Time’s recent endorsement of bikes doesn’t reflect reality. This explains why you may be more likely to be run off the road by a jerk in an expensive car; actually, I tend to have more problems with jerks in trucks and muscle cars. Workshops continue for wayfinding signage on future Bike Friendly Streets. Simple observations says more people are riding more in L.A. Gary says high gas prices could drive a further increase in bicycling. Another look at Silver Lake’s Dr. Suess-designed pedestrian plaza. That bike musical we mentioned the other day may be a good one, but not the first after all. Can fashion lead the way for bike advocacy — and am I wrong to be offended when ghost bikes are used to sell clothes? Limited closure of the San Gabriel trail for repaving has been delayed. The Claremont Cyclist gets mistaken for Lance Armstrong.

Streetsblog says it’s round two for the three-foot passing law, similar to the one vetoed by our sadly misguided governor last year. San Diego’s leading bike website will soon extend coverage throughout the county and to all kinds of bicycling. The importance of bike advocacy. A Coronado man plans to ride across the country to call attention to traumatic brain injuries. CHP in El Centro blame a suicidal cyclist for turning into a truck that desperately tried to avoid him; yeah, right. The Coachella Valley plans to spend $80 million for a 54-mile paved pathway for golf carts, e-vehicles and bikes too. A Ventura County mountain biker thanks the people who helped save his life. Four members of Lance Armstrong’s developmental team were injured in a crash at their Santa Ynez training camp. CHP stats for the County of Santa Cruz show cyclists at fault in more collisions than drivers; of course, they’re the ones assigning blame. And I doubt rumbles strip will help. Caltrain proposes assuming responsibility for a free, volunteer bike valet. A Bay Area columnist goes from hating bikes to thinking they’re the future to hating bikes, or at least the people on them. Sacramento cyclists — and unwilling drivers — enjoy the benefits of back-in angled parking.

How to go hard anywhere. Helmet hair is no longer an excuse for not riding. Bikes aren’t the reason for Portland’s transportation problems. Eight years in prison for a repeat drunk driver convicted in the hit-and-run death of a Colorado cyclist. Press reports blame the victim of a fatal collision for riding in the traffic lane rather than on the shoulder, yet fail to mention that bikes are allowed in the lane in all 50 states, and offers no further explanation for why an Atlantic City cop ran him down. New York makes improvements to Prospect Park that actually benefit riders for a change. The New York Times continues the debate over making cities safer for cyclists and pedestrians, including a remarkable claim in the comments from John Forster, the father of Vehicular Cycling, that no one has ever created a safe bike lanes; thanks to Evan G for the heads-up. Selling vintage bikes in Boston. If you’re going to ride against traffic, don’t collide with a cop.

A Canadian study shows cycle tracks and local streets mean fewer injuries for cyclists. A UK letter writer calls cyclist behavior disgusting. A bronze statue is planned for a singer killed while riding her bike in London. Far too many Irish cyclists have been killed or injured on Dublin Streets. A Dutch study says bike helmets offer virtually no benefit in moving collisions; instead of opposing helmet use, why not call for better helmets? Park your bike in the wrong Copenhagen spot, and you may find it moved — albeit very politely. What cyclist wouldn’t want to ride the Chuck Norris bike and pedestrian bridge? Breathtaking bike sculpture from China’s Ai Weiwei. Australian authorities target cyclists in an attempt to reduce trauma on the roads, rather than focus on the ones actually causing it. Brisbane bike couriers are told to stop making small talk with receptionists. A suggestion from Down Under that all car mirrors should have warnings to look out for cyclists to prevent doorings. An Aussie man is ticketed for doing 35 in a school zone — on a bike.

Finally, a pantsless woman was arrested for shoplifting at an OC bike shop, reportedly jamming parts and accessories into her somewhat lacking attire. It’s a wonder any of our bike-riding forebears survived the ‘40s, though they seem to have had a different definition of head-on in those days.

And George Wolfberg forwards a warning that the bees that tried to kill me on the bike path may be bringing in robotic reinforcements.

Are we failing our young bike riders?

I recently received a link to an online story in which a driver threatened to kill cyclists.

Or more precisely, he was afraid that he might.

The link came from David Huntsman, a lawyer and fellow bike advocate from Newport Beach, who was naturally outraged at the writer’s auto-centric windshield perspective.

My name is Nick Scholz, and I’m going to kill you.

Now, I don’t want to get off on the wrong foot with you guys. Heaven knows there are few groups more organized or zealous than outdoor bicyclists. Believe me when I tell you that I don’t wish to kill you. I’m not going to narrow my eyes and rev my engine menacingly at you. I don’t count the cyclists I crash into with notches on a special stencil on the side of my car.

Rest assured: if I kill you, it will be by accident.

His argument is that cyclists need to choose.

We can ride on the streets and be treated like other road users. Or we can ride on the sidewalks and be treated like pedestrians.

To the casual observer, it would appear that most of you are positively suicidal. It looks like you have chosen my car to be the Chariot of Fire that whisks you away to the Hereafter. Sadly, that moniker will probably become truer than you could know as your carbon-fiber bicycle gets stuck in my engine chassis at 50 miles per hour.

But, even sadder is the fact that this is not a suicide. Nor a murder. This is merely a tragedy that can  be avoided if only the cyclists will decide whether they are pedestrians or riding a vehicle.

Problem is, he has a point.

Our roads, and the laws that govern them, operate on the principle of predictability of movement. In other words, road users need to know whether other road users are going stop or proceed through the intersection, turn or go straight, and who has the right of way.

That’s why we have stop signs and red lights, are expected to signal, and yield to other road users when they have the right of way and we don’t.

It’s not perfect system.

It doesn’t take into account that cyclists are neither motorists or pedestrians. Or that it doesn’t always make sense for us to stop at stop signs when there is no conflicting traffic or pedestrians.

But it’s the system we have right now. And drivers need to know what we’re going to do in order to avoid a collision, which they don’t want any more than we do.

Even if they don’t always obey the law themselves.

And the consequences can be devastating.

Just this week, two SoCal cyclists were killed after reportedly riding through red lights.

In one case, the rider may have been trying to beat the light, and could have fallen victim to a short yellow on a wide intersection, which didn’t give him a fighting chance to get all the way across the cross street before cross traffic started.

In the other, a young rider on a fixie, apparently with no brakes, rode into a busy intersection without stopping and was hit by two cars in rapid succession.

Let’s be honest.

It’s one thing to roll through a stop sign, just like virtually every driver does. Slow down, look in every direction, and if — and only if — the way is clear, you can usually proceed without posing any unnecessary risk to yourself or anyone else.

Bearing in mind, of course, that you’re still breaking the law.

But red lights are another matter.

I’ve been roundly criticized in the past for criticizing riders for running red lights. But the fact is, there is no rational excuse for failing to stop when required at a signalized intersection.

It’s the law. It makes all of us look bad when one us of doesn’t, as far too many drivers lump everyone on two wheels together and seem to lack sufficient discernment to make the mental calculation that just because one cyclist — or a hundred cyclists — break the law, that doesn’t mean we all do.

Let alone that most of them routinely break the law themselves, even as they swear at us for doing it.

And don’t give me the excuse that it’s safer than waiting at the intersection. I’ve been stopping for red lights for over three decades, and I’m still here.

It’s just a matter of knowing how to do it.

And as this week’s deaths make painfully clear, failing to stop is dangerous as hell.

Not to mention that if you do get hit after going through a stop sign or red light, you lose all liability protection — regardless of what the driver who hit you may or may not have been doing.

Go through a stop, you’re at fault.

Case dismissed.

It may not be fair. The driver could have been drunk or distracted, speeding or breaking the law in some other way. But none of that will matter to a jury.

As far as they’re concerned, you broke the law, it’s your fault. Period.

Some would even go so far as to consider a cyclist who ran a red in traffic suicidal.

And it certainly seems that way at first blush. Even riders who routinely go through reds usually know enough to stop, or at least slow down, when cars are coming.

But what if they don’t?

What if an inexperienced rider gets in over his or her head, trying to make it across a busy intersection he should have stopped at. Or finding himself riding too fast to stop, on a bike with no brakes, when the light changes with too little warning.

Even experienced riders make mistakes. It’s easy to get in over your head, make the wrong decisions in rapidly changing traffic conditions or overestimate your own skills.

It’s even easier for in experienced riders.

It took me years, if not decades, to master the Tao of riding on busy roads. And even then, I still make mistakes; fortunately, I’ve had the skills to get myself out of it.

So far, at least.

Beginning riders don’t.

Unlike when I grew up, there’s no training in bike laws and riding skills in our schools. There’s no official training programs for beginning cyclists, or any other established method of reaching out to young riders to say do this, not that.

Like don’t push the limits and get yourself into a situation you can’t get out of. And maybe it’s not smart to ride with no brakes, even if that is the trendy thing to do these days.

Instead, they learn by emulating their friends, who may have been riding longer, but have no more knowledge of even the most basic traffic laws than they do.

We assume that everyone is familiar with traffic laws because they’ve taken their test and gotten a driver’s license.

But many young riders — and even some older ones — don’t have a license, whether by choice or some other reason. And so they may have no working knowledge of the laws that govern our streets.

I’ve spoken with some who didn’t have a clue that their right to the road is governed by the same laws that restrict motor vehicles.

They actually don’t know that bikes are required to stop for stop signs and red lights, just like cars. That they have to signal their turns, even though many other cyclists and most drivers don’t. Or even that they’re required to use lights at night or to ride with traffic, instead of making their way up the wrong side like salmon on their way to spawn.

And we all know what happens to salmon once they spawn, right?

Because no one ever told them.

They haven’t been taught the laws that govern cycling because no one bothered to do it. And in that, we, as a society and a cycling community, have failed them.

Many motorists think the solution is to license and register cyclists, just like drivers are. I won’t waste your time explaining why that’s not the answer; others have made the same points before, anyway.

Maybe there should be some sort of state or school-sponsored bicycle certification training. Maybe riders should get a discount on car insurance or bike parts if they complete one or more of the League of American Bicyclist’s training classes.

Maybe it’s up to our local cycling groups to step into the breach and offer rider education; the LACBC recently voted to reestablish its Education Committee in an attempt to address this problem.

Or maybe its up to you and me to offer advice, even unsolicited, when we see a rider doing something dangerous. Even though experience says the response will be made with just one finger, or its vocal equivalent.

I don’t have the answer. I just know that we need to find it.

Because right now, too many beginning riders are forced to figure it out for themselves.

And failing.