Archive for Bikes & the Law

Update: Dr. Christopher Thompson loses appeal, will remain in state prison

July 27, 2011 / / 29 comments

According to cyclist and attorney Dj Wheels, L.A.’s very own bike boogie man has lost his appeal of his conviction, and will remain in prison for the foreseeable future.

Dr. Christopher Thompson was convicted of assaulting and seriously injuring two cyclists on Mandeville Canyon on July 4th, 2008, and was sentenced to five years in state prison for five felony convictions and two misdemeanors.

It shouldn’t have surprised anyone that he had appealed his conviction. And thankfully, it comes as no surprise that the judge has affirmed the original conviction, which means that the Good Doctor will serve the remaining three-and-a-half years of his sentence in the medium security California Rehabilitation Center in Norco.

Dj Wheels is going to try to get more information on the ruling, which came with extra instructions that were not published online.

But you can sleep easy tonight.

The boogie man is safely behind bars.

Update: Velonews has more information, including the basis of Thompson’s rejected appeal:

In his appeal, Thompson said the trial court erred in allowing testimony about an earlier, similar incident in which another cyclist, Patrick Early, had an encounter with Thompson on the same road. Thompson said the testimony was unreliable, dissimilar from the incident he was charged with and prejudicial to his case. Thompson also claimed he was ineffectually represented at the trial, and challenged the trial court’s decision to not grant him probation and to pay the victims’ legal fees.

The appellate court rejected all of these claims.

Velonews reports that Thompson did win one small victory, however, as he was credited for one extra day in custody prior to sentencing, reducing his prison time by 68 days, rather than the 67 he was originally credited with.

Thanks to Jim Lyle for the heads-up.

Category: Bikes & the Law, Dr. Christopher Thompson, Legal Cases / Tags: , , , ,

Harrowing first person account of collision that critically injured Adam Rybicki, and a call for justice

July 25, 2011 / / 12 comments

Jaclyn Andrea Garcia being taken into custody.

Last April, Adam Rybicki was critically injured in a collision with an alleged underage drunk driver while riding with friends in Torrance.

The collision occurred early on Sunday morning as a car driven by Jaclyn Andrea Garcia drove head first towards the cyclists, then suddenly jerked back to strike Rybicki and another rider as they swerved to avoid her. Despite her age and the early hour, 19-year old Garcia reportedly had a blood alcohol level nearly twice the legal limit.

Nearly three months later, Adam remains in a rehab facility, struggling to communicate using a white board; he still has both a feeding tube and a tracheotomy tube installed. Reportedly, he’s making good progress, though he has a very long way to go.

The driver who is charged with putting him there is facing a preliminary setting hearing on Wednesday, July 27th in Department 5 of the Inglewood Courthouse, Case #YA81126; she’s charge with two counts of DUI with injury, and two counts DUI with BAC of .08 and injury.

The case has been transferred to Inglewood after the Supervising Judge in Torrance recused all the judges in that courthouse because Garcia’s mother works as a court reporter there. Cyclists who knew Rybicki and were on the ride are worried that, even in another courthouse, Garcia could receive favorable treatment because of her mother’s relationship with local judges and prosecutors.

As a result, they want to get the story out about what really happened that tragic Sunday, and have sent me, and several prominent area reporters and columnists, the following, absolutely chilling, first person account of the collision.

Along with a signed petition calling for justice for Adam.

……..

At 7:15 AM on April 3, 2011, the group of riders known as “The Doctors’ Ride” was headed downhill on Camino de Encanto.

Minutes earlier they left the congregation point near the fountain at Malaga Cove Plaza, with ten riders headed north toward Marina Del Rey.  They use Camino De Encanto to avoid traffic on Palos Verdes Boulevard.

As the road curved slightly to the right at the bottom of the steep part, an oncoming car came into view.  The silver Kia driven by Jaclyn Andrea Garcia was already in the middle of the road and drifting into the path of oncoming bikes.

MB said to JT, “Watch the car.”

Incredibly and inexplicably, the car kept coming further into the cyclists’ lane.  MB and JT at the front veered right and hit their brakes, skidding on the pavement, but they had no place to go.  DC, behind MB, braked so hard he kicked up his back wheel, barely keeping control.  Adam, to his left, apparently saw an opening to go left around the car and headed that way.  KW and NG1 behind braked hard but stayed right.  Behind them, SH and NG2 also braked hard, skidding.  Well back, DS and DL watched the horror unfold.

At the front, MB yelped a primal scream as he braced for impact.  JT, an accomplished motorcycle rider, tried to keep control and find a way out.  At the last second, Garcia jerked her vehicle back to the proper side sparing MB his expected impact.  JT smashed his left handlebar into the left front fender and vaulted up, shearing off the driver’s side mirror and scraping his shorts on the left rear door handle.  He doesn’t recall hitting the ground but popped up with a smashed left hand and upper leg abrasions from the scrape with the mirror and door handle.

Adam was not as fortunate.  His chosen escape was abruptly cut off with no time to react. He struck the bumper and hood of the Kia just to the driver’s side of center.  His carbon fiber bike frame buckled and shattered from the impact, the only thing holding it together was the control cables.  His right femur also shattered from the impact to the hood.  He flew into the windshield just to the passenger side of center creating a hole about a foot in diameter and spraying shattered glass into the lap of the girl in the passenger seat.  Adam was tossed into the air and landed on the far side of the street, his chest and face-down head on the sidewalk, his pelvis and legs in the gutter.  His right leg stuck out at a horrible angle under his left leg; he looked dead.

MB circled back and assessed the situation.  The vehicle had stopped back in the proper lane about 10 feet beyond Adam’s body.  The engine was still running; he yelled at the driver to shut off the engine and stay in the car.  DS, an orthopedic surgeon, noted Adam had a pulse but was not conscious or breathing well; he had to be moved to clear an airway.  MB and DS moved Adam so he was laid out in the gutter face up.  He began moaning.  Neighbors emerged from houses to see what the commotion was about.  Riders franticly called 911 uncertain what the street name or block was.

Riders quickly ascertained that Adam and JT were the only riders hit, JT far better off than Adam.  Minutes seemed like hours as riders awaited help.  A neighbor produced a blanket to cover Adam against the morning chill.  DS tended to Adam imploring him to hang on.

Five girls gradually emerged from the vehicle and wandered to the curb to sit away from the cyclists.  One stated within earshot of KW that this was bullshit; she had to get to work.  KW, uncertain if this was the driver, told this girl she wasn’t going anywhere, this was a serious accident and she should calm down and stay put.  Jaclyn Garcia told the girl to come sit down with her.

After about five minutes, the first police appeared on scene.  Minutes later, paramedics showed up and took over first aid from DS.  Others were trying to contact Adam’s wife, Barbara, by calling information.  JT had someone call his wife, also.  JT insisted paramedics tend to Adam first.  Ambulance arrived on scene, the paramedics cut off Adam’s jersey, a nearly new Bike Tour of Colorado jersey he bought last June.  In the back of the jersey was his wallet, his mini pump and his phone.  They loaded Adam onto a gurney and hauled him away in the ambulance headed for Harbor UCLA Trauma Center.

The police secured the block with crime scene tape and segregated the car girls from the riders.  Everyone except Adam was interviewed over the next hour.  Garcia was field-sobriety checked and failed.  She was cuffed and stuffed into the back of a cruiser for a trip to Torrance Memorial Medical Center for Blood-alcohol content testing.  At age 19, the legal limit is zero.  When tested, hers was closer to 0.15.

Adam’s phone and other jersey contents disappeared from the trauma center.  It was later determined that someone in South Central LA was using his phone to make international calls.  Messages were sent to try to retrieve the phone; there were no responses.  After multiple surgeries in the trauma center, his condition was stabilized.

Three-and-a-half months later Adam is conscious, but has severely limited motor ability.  He was moved to a sub-acute care center where he receives 24-hour-a-day monitoring.  He has been bed-ridden for three months. He has a trach tube, a feeding tube and cannot do anything for himself.  He cannot hear or talk.  He can respond to written questions with yes and no nods of his head.  He has no memories of the crash.  He appreciates all visitors and well wishes.  We are all hoping that he can eventually recover some semblance of a normal life.

A number of the riders and friends of Adam have circulated a petition.  It has been deemed inappropriate for us to send it directly to the DA or the judiciary.  We feel that we’d like to put it out there anyway so we are sending to you, the press.  We appreciate any public airing this case can get.

……..

A Demand for Justice in the Case of Jaclyn Andrea Garcia

Jaclyn Andrea Garcia was 19.  She was a former student athlete at Palos Verdes High, a babysitter and a Jr College Student.  She was drunk and driving in south Torrance with four other girls in her Kia mini-SUV.  Adam Rybicki was 49.  He was a fit, enthusiastic, avid bicyclist, who was very well liked by all who knew him.  He was a productive software engineer and, perhaps more importantly, a loyal husband and father.  April 3, 2011 brought them together in a horrible, violent collision.

At age 19, the legal limit for Blood Alcohol Content is zero.  When tested, JAG’s was closer to 0.15, nearly twice the legal limit for adults.  She and friends had purchased alcoholic drinks (illegally) on Saturday night and spent the night drinking at JAG’s boyfriend’s house.  How or why they emerged at 7 AM Sunday and decided to pile into JAG’s car is unknown.  But by doing so, they sealed Adam’s fate.

JAG drove her car across the centerline into the path of a group of ten cyclists.  In the mad scramble to escape her vehicle, two cyclists were struck.  Adam was by far the worst casualty.  He was struck head on with a closing speed of nearly 55 mph.

Adam’s progress is slow.  He still cannot hear.  He is still on a feeding tube and a trach tube for breathing.  He cannot speak.  He cannot do anything for himself.  Nobody knows if he will ever recover those abilities we all take for granted.

Some feel that the District Attorney should tie JAG’s fate to Adam’s; as long as he’s in his ‘prison’, she should stay in the state’s prison.  That is probably not within the law and it is not going to happen.  But it would be a travesty if she walked just because of her youth and sympathy for her family.  Adam Rybicki has no ‘inside’ connections.  District Attorneys, as we have seen in the Colorado case (see http://velonews.competitor.com/2011/06/news/the-explainer-a-follow-up-to-the-sleepy-investment-banker_177721), can make decisions on how to prosecute.  They have autonomy to make deals in criminal court that determine the defendant’s destiny.  They have no say in Adam Rybicki’s destiny.

We will see what happens in this criminal proceeding; it bears watching and those prosecuting and/or dealing should be and will be accountable – no under-the-table or behind-closed-doors deals should be allowed.  This is no longer a juvenile offender – no more sealed verdicts.  Justice is supposed to be blind and beyond reproach .

Drunk driving is a crime.  Offenders are to be cited and prosecuted.   Bicyclists constitute some of the most vulnerable users of the roadways.  They are entitled to use the roadways.  Accidents happen.  This was not an accident; this was a crime.  By illegally drinking and driving, Jaclyn Andrea Garcia became a criminal.  She should be properly prosecuted and should be properly penalized.  Any parent can appreciate wanting to spare a child distress and life disruption due to penalties.  But take a look at Adam Rybicki’s life and family.  They did not sign up for this and did nothing to deserve it.  We are all hoping that Adam can eventually recover some semblance of a normal life.

We, the undersigned, implore the District Attorney and Judge to consider the facts of the case and impose the maximum possible sentence for these crimes.

Thank you.

Richard Lull
Javier Murphy
Richard Shrader
Cynthia Tenhouse
Davis Jensen
David Perez
Dave LaForest
Raymond Eastwood
William Klahr
Paul and Kelley Swanno
Ed Taylor
Benjamin Konell
James K Yokotake
John Thomson
John Reidy
Judith Elliot
Gus and Gail Ohlsson
H. Marq Prince
William Height
Marcus Edwardes
Michael C Barr
Susan Kessler
Robert Cedergreen
Jeff Dykzeul
Kathy Risley
Jon Rosen
Kathy Nelson
 
If the authors of this petition don’t mind, they can add one more name to this list. Mine.
 
Ted Rogers, BikingInLA
 
Category: Bicycle Safety, Bikes & the Law, Injuries and Fatalities, Legal Cases / Tags: , , , ,

Giving credit for L.A.’s anti-harassment ordinance, the backlash begins & fighting blocked bike lanes

July 25, 2011 / / 5 comments

Catching up from last week, it seems the successful passage of L.A.’s anti-harassment ordinance is making waves, though not necessarily the way we might have hoped.

Despite a number of council and committee hearings as it glacially made its way through the development process leading up to unanimous approval by the city council, many motorists seemed to be blindsided by the new ordinance.

Which is what tends to happen when you don’t pay any attention to your own government.

One thing that seems to have been forgotten in the cycling community’s celebration over the passage of the anti-harassment ordinance is the role the Los Angeles County Bicycle Coalition played in seeing this law through from the very beginning.

It’s true that Councilmember Bill Rosendahl and his aide Paul Backstrom deserve the lion’s share of credit, along with Judith Reel — who had the stroke of genius to make this a civil, rather than criminal, law — and LADOT’s Michele Mowery. No one can understate the important roll attorneys Ross Hirsch and Daniel Jimenez played in vetting the wording, or the vital support of Bicycle Advisory Committee President Jay Slater and other members of the BAC in getting it passed.

And let’s not forget the work of LADOT Bike Blog’s Chris Kidd in explaining and carrying the torch for this bill.

But I remember committee meetings where the only cyclists present were myself and representatives from the LACBC.

I don’t mention this because I’m on the board of the coalition.

But because it was the hard work of Aurisha Smolarsky, Dorothy Le, Jen Klausner and Allison Mannos in fighting for this bill that convinced me to join the LACBC and become a board member in the first place. As well as Alexis Lantz, who later took over for Aurisha in fighting behind the scenes to make this law as strong as it could be and help ensure its passage.

Without their hard work, this law might not exist today. And it certainly wouldn’t be as strong as it turned out to be.

……..

Road.cc looks at L.A.’s bicycle anti-harassment ordinance, while KPCC says L.A. cyclists get the toughest protections in the U.S.; personally, I might question that since this is a civil, rather than criminal, law. The C-Blog offers a well-written and thoughtful response to KABC radio in defense of the ordinance. Writing for Orange 20, Rick Risemberg says common decency now has some teeth, while a conservative writer calls it a terrible law that will lead to legal motorist shakedowns. And our neighbors to the south don’t seem too interested in following our lead.

The L.A. Times calls it a smart law; unfortunately, some of their readers don’t get it, despite intercession by Sgt. Krumer to explain what the law does and doesn’t do.

Sgt. David Krumer at 12:34 AM July 22, 2011

Hello motorist,

It appears that some folks are not exactly sure what harassment means within the context of the ordinance.  You can still yell at a cyclist who engages in bad behavior.  You can not however threaten a cyclist with physical harm or make comments like “I am going to run you over.”  You also can not engage in conduct that is likely to put a cyclist in harms way such as:

1) Revving your engine multiple times as it is an implied threat that they may get run over if they don’t move out of the way.

2) Tailgating a cyclist

3) Passing a cyclist at too high a speed or to close a distance so as to scare or intimidate them off the road.

4) Riding up at a high rate of speed and honking at a cyclist (this has caused cyclists to get scared and fall of their bikes).

Hope this sheds light on what “harassment” means.  In short it is an ordinance that prohibits threats (explicit and implied) as well as behavior likely to cause injury.

Meanwhile, one reader suggests, in what we can only hope is a failed attempt at humor, that drivers should eliminate anyone who might be able to testify against them:

edwardskizer at 3:50 PM July 23, 2011

Drivers frustrated by this law have to remember just one rule: leave no witnesses.

Yes, very funny indeed. And that Dr. Thompson thing in Mandeville Canyon was a real knee-slapper, too.

Or if you want to waste an hour of your life and churn your stomach after realizing the sort of people we have to share the streets with, read the comments to this Times story.

Then again, L.A. isn’t the only place that needs a law like this.

……..

After years of effort from countless cyclists — myself included — Flying Pigeon finally tracks down the people who are responsible for doing something about blocked bike lanes, including all those damn trash cans.

And AAA responds to Will Campbell’s complaint about opposing California’s proposed three-foot passing law; not surprisingly, they don’t apologize or change their minds.

Which makes me think it may be time for cyclists to consider an auto club that doesn’t support a driver’s right to pass dangerously close.

……..

Congratulations to Cadel Evans for an unexpected victory in the Tour de France, and the first ever victory for the land down under, as his countrymen rejoice but don’t get a day off. He now tops the UCI rankings, as well.

The Schleck brothers finish second and third, while Mark Cavendish takes the points prize, noting that it didn’t come easy. Andy Schleck, or possibly his brother Frank, appeared to have the race won until they cracked and Cadel crashed through to victory.

Michael from Claremont Cyclist offers some great final thoughts. The Wall Street Journal looks at the Jackie Robinson of cycling. Thomas Voeckler fought the good fight to hold the yellow jersey longer than anyone thought he could.

Unfortunately, the North American contingent didn’t exactly impress.

……..

Will offers suggestions to improve that scary tunnel at the top of Sepulveda Blvd. A local cyclist had his bike confiscated after riding on the 405 during Carmegeddon, and asks you to buy a t-shirt to help get it back. With little luck and effort, Bicycle Priority Zones could soon spread across the county. Better Bike complains about politicians low-balling bikes at the last Westside COG meeting. The Times looks at the tweet that lead to a $7000 donation to the LACBC; in a final note to the story, the guy who sold his own car to make that donation had his bike stolen over the weekend. Working to make Beverly Hills more bike friendly; who knew they actually have bike racks? Gary Kavanagh writes about the lessons learned from the recent Carmageddon. Local Linus bikes are featured in a new fashion video. Six SoCal firefighters ride cross-country to honor 9/11 victims.

Long Beach starts a new bike safety campaign to remind cyclists to stay off the sidewalk. Complaints that cyclists don’t stop for a Newport Beach stop sign lead to the observation that hardly anyone does. Joe Linton rides the bike path along San Diego County’s San Luis Rey River. A Redding writer says he doesn’t see how a 3-foor passing law could make a lick of difference. The fight over San Francisco bike lanes moves to crosstown streets.

Levis unveils their new Commuter Jeans, complete with a U-lock loop. Seattle’s Cascade Bicycle Club wants more women riders on the road. After winning a new Trek Madone, Springfield Cyclist puts his old bike up for sale, and will donate the sale price — plus an additional $100 — to support victims of the devastating Joplin tornado earlier this year. A pair of blind riders take on RAGBRAI. Advice on how to deal with riding to work on a hot day. New York drivers turn a sidewalk and bike path into a DIY shortcut. The bike wars go on in Virginia Beach VA, where cyclists were recently treated to tacks on a popular riding route. The Tallahassee Democrat says cyclists have rights on the road, too.

Mexico considers investing the equivalent of $120 million in bikes and infrastructure. Do wobbly cyclists calm traffic? A UK man and woman are sentenced for severely beating a cyclist for no apparent reason. The 10 worst gyratories in London; and yes, I had to look it up myself. Fifty-four percent of English children want to ride their bikes more. A driver says he’d rather kill a cyclist and possibly himself than hit a family in a car; good response from bike writer Carlton Reid. Great bike illustrations from a Dublin artist. Town Mouse visits France and falls in love with a local bike. An Aussie cyclist is critically injured in a collision with possible U.S. Navy personnel.

Finally, while the UK is taking posties off their Pashleys, the USPS is putting bikes on their stamps. And a Florida judge ignores the law to blame the victim of a road rage assault for riding too far from the curb; let’s hope L.A. jurists are more enlightened when the first cases under the new anti-harassment ordinance come to court.

Come back later tonight when I’ll post a harrowing first-person account of the collision that left cyclist Adam Rybicki fighting for his life, and a call for justice from the riders who barely avoided serious injury along with him

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

Updated: Five SoCal cyclists dead in last 5 days; 6th fatality uncomfirmed

July 21, 2011 / / 13 comments

It is a sad irony that the same week local cyclists celebrate L.A.’s groundbreaking cyclist anti-harassment ordinance, we’re forced to confront one of the bloodiest weeks in recent memory.

Just this week, bike riders have been killed in Downtown Los Angeles and Big Bear; in addition, a Simi Valley man has been killed while riding in Hawaii, and a Long Beach man died of injuries he received in a collision on July 6th.

That’s in addition to news that a 17-year old cyclist shot and killed on over the weekend while riding his bike.

Five deaths in the last five days, spanning the spectrum of potential hazards facing riders.

……..

Let’s start with the collision that killed a 63-year old man in Downtown Los Angeles on Tuesday evening.

While it was widely reported that this death may have been collateral damage resulting from a road rage incident between two drivers, multiple sources at City Hall have told me that the police are no longer investigating this as a confrontation between the motorists.

According to these sources, the collision occurred as a result of the drivers competing for lane space on the street, resulting in the driver of the Avalanche swinging to the right of the roadway where the victim, who has not yet been publicly identified, was riding.

As a result, the driver who had been taken into custody has been released.

This does not mean that no charges will be filed in the death, though; the investigation is still continuing.

Flying Pigeon offers a photo of the ghost bike that will be installed for the victim, if it hasn’t been already.

……..

Twenty-three-year old Christopher Sop of Big Bear Lake was killed in an apparent solo riding accident on Mill Creek Road, approximately one mile south of Tulip Lane in the unincorporated part of Big Bear.

According to the Rim of the World News, the Big Bear Sheriff’s Department responded to a report of a man down at 6:17 pm on Monday. Officers concluded that Sop had been travelling north on Mill Creek when he lost control of his bike and struck a rock; he was pronounced death at the scene, with time of the accident estimated at around 3:40 pm.

……..

A 67-year old Long Beach man has died of injuries he received when a truck driver allegedly ran a red light on July 6th in the Bixby Knolls area.

According to the Long Beach Press Telegram, Louis Gabor was riding his bike east on Bixby Road when he was struck by a Chevrolet S-10 pickup while crossing Cherry Avenue at around 11 am. After nearly two weeks in critical condition, he died of his injuries on Tuesday.

The driver, who has not been publicly identified, faces possible a possible charge of vehicular manslaughter once the investigation is concluded.

……..

Maui Now reports that 24-year old Anthony Hernandez of Simi Valley was killed while riding in Kona on the Big Island of Hawaii on Thursday, July 16th.

Kona police found Hernandez laying next to his bike after responding to a report of a crash at 1:18 am. He reportedly lost control of his bike and fell, hitting his head on the pavement and suffering critical face and head injuries; he died of his injuries on Sunday the 17th.

The website reports that he wasn’t wearing a helmet; in this case, that information is actually worth mentioning, since this is exactly the sort of slow-speed impact helmets are designed to protect against. It also suggests that police are investigating the possible “influence of intoxicants” in the crash.

However, as in the case of Christopher Sop in Big Bear — and any case in which a rider is found unconscious or dead on the side of the road — the question is why he lost control of his bike.

It’s entirely possible that it was the result of carelessness or intoxication on the part of the rider. But it’s also possible that it could be due to road conditions, or being brushed, buzzed or harassed by a passing vehicle. With no physical evidence, it’s very easy to blame the victim for something that may or may not have been his fault.

……..

Finally, the 17-year old cyclist killed in a shooting in Montecito Heights on Saturday evening has been identified as Jesus Lopez of Los Angeles. The Press-Enterprise reports that no arrests have been made; anyone with information is asked to call Detectives J. Rios or Cary Ricard at (323) 342-8959. During non-business hours or weekends, calls may be directed to 1-877-LAPD-24-7.

……..

These deaths — excluding that of Anthony Hernandez in Hawaii — raise the total of confirmed bicycling fatalities throughout Southern California this year to 47; 5 by gunshots and 42 in solo accidents or collisions with trains or motor vehicles; 20 of those deaths have occurred in L.A. County.

My sincere condolences to the families and loved ones of all the victims.

……..

Update: I had originally included a sixth fatality in this article; as noted on Tuesday, I had received an anonymous tip about a cycling fatality in Santa Maria; when I did a Google search for confirmation last night, I found an article from the Santa Maria Times that seemed to line up with the information I had, including the location.

However, I missed the date on the story. Even though I was searching for stories that had appeared online in just that last 24 hours, what I found was a story about a collision that occurred last November, as David Huntsman was kind enough to point out. As a result, I have removed references to the Santa Maria fatality while I wait for confirmation.

My apologies for the confusion.

Update: I’ve received confirmation that report of the Santa Maria collision was in error, and that no fatality occurred. And yes, that is very good news. 

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

Breaking news: L.A.’s groundbreaking bike anti-harassment ordinance passes full City Council

July 20, 2011 / / 12 comments

L.A.’s first-of-it’s-kind ordinance to protect cyclists from harassment by motorists by making it a civil violation has passed the full City Council by a unanimous vote. Now the measure goes to the Mayor’s office for his signature, which is expected. You can download the full ordinance here; no word on when it will go into effect.

There is no overstating just how important this innovative new law is. For once, L.A. is leading the way in protecting the rights of cyclists with an ordinance that is likely to be copied by cities around the world

The hearing for the ordinance lasted just 40 minutes, with moving comments from a number of cyclists and council members, including District 11th District Council Member Bill Rosendahl, who has shepherded the measure from its inception — and who learned to ride a bike again just two weeks ago after a break of over 40 years.

But Council President Eric Garcetti may have said it best when he suggested that this ordinance may be what it takes to move L.A. from Carmegeddon to Cycletopia.

Unfortunately, any urge to celebrate this important win is tempered by news of last night’s fatal bike collision Downtown — sources at City Hall tell me police have ruled out road rage as the cause — as well as news of two other SoCal cycling fatalities, and confirmation of the previously reported fatality in Santa Maria earlier this week.

I’ll try to catch up will all the news as quickly as I can.

Meanwhile, come out and join the LACBC Board of Directors at our annual public meeting at the Encino Velodrome to celebrate the victory and discuss what we can do to prevent more tragedies.

BAC Chair Emeritus Alex Baum and Councilmember Bill Rosendahl take questions surrounded by cyclists after the unanimous vote.

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

Possible cycling fatality in Santa Maria, pedestrian killed in unreported Westside hit-and-run

July 19, 2011 / / Comments Off on Possible cycling fatality in Santa Maria, pedestrian killed in unreported Westside hit-and-run

I’ve received an unconfirmed report of a cycling fatality in Santa Maria on Monday. According to an anonymous source, a 73-year old man was struck and killed at the intersection of Betteravia and Sinton Roads just after noon; rescue personnel were unable to resuscitate him and he was declared dead at the scene.

More details as they become available.

Update: Fortunately, this one turned out to be a false alarm; the report was based on an undated internet story referring to a collision that occurred last year.

……..

Streetsblog reports on a fatal hit-and-run that never made the news, on the same night an allegedly drunk/distracted driver plowed into a group of cyclists in Culver City.

The collision took the life of a pedestrian crossing Venice Blvd at Motor, just 1.25 miles from the other incident, in the early morning hours of Thursday, June 16th. The victim was walking with the light when a dark colored Volkswagen Jetta ran the red light, then sped off to leave him dying in the street.

Anyone with information is asked to call call the West L.A. Traffic Division Officer O. Osbourne at 213-473-0234.  If you’re calling after-hours or on the weekend, please call 1-877-LAPD-24-7.

……..

Danae Marie Miller is scheduled for a preliminary hearing on September 22nd in Newport Beach on a single count of felony vehicular manslaughter in the February death of triathlete Amine Britel. She reportedly was texting and had a BAC of .10 at the time of the collision, and had 16 prior tickets for moving infractions.

……..

As racing resumes after yesterday’s rest day, Thor Hushovd wins stage 16 of the Tour de France; defending champ Alberto Contador must have resumed eating Spanish beef as he gains precious seconds on the leaders.

Evidently, I’m not the only one who thinks this year’s tour is anything but boring. Dave Moulton says keep an eye on Samuel Sanchez. A lasting, if somewhat gruesome, image to show how tough Tour riders really are. Current TdF leader Thomas Voeckler says he has no chance of winning.

Meanwhile, Lance goes to court to demand an investigation into apparent grand jury leaks, saying the Justice Department is trying to destroy his legacy in the court of public opinion. And Alexander Vinokourov closes out his dope-marred career; sometimes I wonder if the cyclists banned for doping are just the ones who got caught, though others might disagree.

……..

Streetsblog’s Damien Newton bookends Carmageddon with a preview on Fox 11, as well as offering a wrap-up with his usual insight; he says there are just too many freeways. Riding to Carmegeddon Ground Zero. GOOD wants you to imagine L.A. without cars; isn’t that what Carmageddon was all about? Police save the 405 from the indignity of being ridden by 200 or so cyclists. Local officials hope the positive Carmegeddon experience will encourage Angelenos to drive less; I give it maybe two weeks tops.

A mathematical follow-up to the great Bike vs. Jet race. Yes Magazine looks at the cyclists who beat an airplane, while Time Magazine evidently misses the part about Gary Kavanagh finishing 2nd on Metro.

……..

The Sacramento Bee offers a semi-tongue-in-cheek list of 11 things thing the pros do that you shouldn’t when you ride your bike.

I realize they’re trying to be funny while making a point. But personally, I’m getting pretty fed up with all the attacks on cyclists who wear Lycra bike clothes; anyone who thinks riders wear spandex to fit in or be fashionable doesn’t have a clue what road riding is all about.

Experienced riders know that road biking shorts and jerseys are designed to provide for maximum comfort and performance over long distances at relatively high speeds by wicking away moisture and preventing chafing while minimizing drag caused by loose, flapping attire.

But nobody says it’s mandatory. Street clothes are perfectly fine if that’s what you want to wear, especially when riding shorter distances or at slower speeds.

So if you don’t like Lycra, don’t wear it.

And anyone who thinks shaved legs are about “primping” has never tried to field dress a gashed calf 40 miles from home.

……..

Bikes Belong gives a grant to the LACBC to study the economic impact of a road diet on York Blvd; the results could provide much needed support for bike projects across the country. The Westside Cities Council of Governments meets at the VA on Thursday; coordination of bike planning and potential funding sources is on the agenda. New Miracle Mile bike racks prove popular. Surf, skate and bike at the Architecture and Design Museum. A discussion of bike share in Santa Monica. Cycletracks are coming to Temple City. Sometimes it only takes a new grate to help make a street a little safer. A Whittier veteran rubs elbows with royalty to promote the Ride Against Homelessness Bike Ride.”

Your next Felt could be a little more affordable. Three Newport Beach teenagers are arrested as bike thefts spike. No charges yet in a Ventura hit-and-run. The correct answer to “where to ride your bike” isn’t “somewhere else.” Another Californian has been busted for Biking Under the Influence after colliding with a car. A mountain biker dies after losing control on a Lake Tahoe trail.

Road ID offers a great series on the rules of the road, including videos with bike lawyer Bob Mionske. A new bike can help leave even the worst disappointments behind. Lovely Bicycle defines what bicycle safety means to her. Elly Blue looks shows how disability doesn’t mean a lack of ability when it comes to riding a bike. A look at the Bike Lady of St. Ignatius MT; thanks to new Montanan and former Angeleno Dancer al a Mode for the heads-up. Springfield Cyclist wins not one, but two bikes. A Chicago man complains about the way ghost bikes look over time. It takes a genuine jerk to door a 6-year old and say “I hope you learned your lesson, young man.” A Princeton fusion researcher is killed on the final day of a 500-mile charity ride. NYDOT turns a safe and pleasant commute into a potentially deadly ride. No bike share station on DC’s National Mall.

A new London gym offers indoor bike parking and bike repairs. A British teenager rides on water to raise money for charity; thanks to Rex Reese for the link. Now that’s what I call cycle chic. An English cyclist riding across Africa has all his gear stolen, except for his bike and passport. A fascinating, if lengthy, look at the Rwandan Cycling Team from the New Yorker.

Finally, a Boston cyclist says yes, we are trying to take over the streets.

Category: General, Injuries and Fatalities, Legal Cases / Tags: , , , , , , ,

Yet another teenage bike rider killed in shooting. Does it matter?

July 18, 2011 / / 11 comments

Last April, a 17-year old cyclist was hit and killed by a speeding car on a busy Valley boulevard. The driver roared away without even slowing down, leaving Alex Romero to die in the street.

Last Saturday, another 17-year old was killed while riding his bike, this time in Lincoln Heights near Downtown L.A.

Instead of a careless, heartless and overly aggressive driver, this young man, still not publicly identified, encountered a group of gang members who opened fire as he attempted to ride away; he died a short time later at USC Medical Center.

Should we care about one, and not the other?

Thousands of cyclists and other Angelenos have been deeply affected by the death of Romero, as well as Danny Marin, another rider killed in a similar collision.

And neither begins to compare with the outpouring of grief demonstrated for Connor Lynch, the 16-year old runner from the valley’s exclusive Notre Dame High School killed by a young driver who fled before turning herself in a few blocks away

Yet when we see the words gang shooting, we turn our heads and look the other way.

Just one of those things. One of those people. Yet another victim of a community that long ago learned to live and die with violence.

Yet this young man had as much of a future as Romero, Marin and Lynch.

Maybe he had more challenges to overcome, maybe less. We don’t even know who he was yet, let alone why he was killed.

Maybe he was in the wrong gang. Maybe he was just wearing the wrong colors, or dressed the wrong way. Maybe he was someone they knew.

Maybe he was just an innocent victim, in the wrong place at the wrong time.

We may never know. The press usually doesn’t have much interest in cases like this; just another gang shooting, another young victim of the streets. No follow-up likely, unless something unusual turns up or, for some reason, the public happens to care.

Yet this young man’s future was still unwritten, and like the others — and every young person— full of near infinite possibilities that will never be fulfilled.

And family and friends who are undoubtedly devastated by the news, and wondering how they will ever go on without him.

A death is a death, whether it comes from a bullet or the bumper of a car.

Does it really matter how or why?

He was on a bike.

He was one of us.

……..

According to KTLA-5, the shooting occurred in front of a closed business on the 300 block of West Avenue 33 in Lincoln Heights around 8:30 pm Saturday.

Detectives believe the victim encountered a group of gang members, who opened fire as he tried to ride away; responding officers found him laying in the street suffering from multiple gunshot wounds.

Anyone with information is asked to call Detectives J. Rios or Cary Ricard at (323) 342-8959. During non-business hours or weekends, calls may be directed to 1-877-LAPD-24-7.

This is the 6th fatal shooting of a bicyclist in Southern California this year, and the 5th in Los Angeles County. His was the 43rd confirmed cycling fatality in Southern California this year, and the 17th in L.A. County.

And most likely, far from the last.

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

Update: Fernandez convicted in Swarzman death, sentencing scheduled Sept. 12

July 13, 2011 / / 8 comments

About an hour after I wrote that Joseph Fernandez had been convicted in the death of Encino cyclist Jim Swarzman last April, the North County Times confirmed the initial report I had received.

Despite speculation that the quick verdict resulted from a plea deal, the 46-year old driver was found guilty of hit-and-run causing death in a two-day bench trial conducted by Vista Judge K. Michael Kirkman, after Fernandez waived his right to a jury trial.

Sentencing is now scheduled for September 12; no word on whether Fernandez will remain in custody until then. He faces a maximum of four years in state prison.

Swarzman, an experienced long-distance cyclist was riding in the Leucadia section of Encinitas with his fiance and another rider as part of a 600k sponsored by the San Diego Randonneurs when he was struck from in a violent collision; the driver reportedly sped off as Swarzman’s bike exploded.

Fernandez turned himself in the next day, reported saying he thought he may have hit something over the weekend.

Four years hardly seems sufficient for a crime like this, in which an innocent, well-loved man has his life snuffed out by a driver who was careless at best, and ran away without stopping to render aid or take responsibility for his actions; given the violence of the collision, it seems impossible that he was unaware that he had hit someone.

But at least we’ve got a conviction and his loved ones have some sense of justice,  unlike another recent case.

Category: Bikes & the Law, Legal Cases / Tags: , , ,

Breaking news: Joseph Fernandez guilty in death of Encino cyclist Jim Swarzman

July 12, 2011 / / Comments Off on Breaking news: Joseph Fernandez guilty in death of Encino cyclist Jim Swarzman

I’ve received an unconfirmed report that Joseph Fernandez waived his right to a jury trial today in the killing of Encino cyclist Jim Swarzman, and was found guilty by the judge on a single count of hit-and-one causing death. More details as they become available.

Thanks to @sonofabike for the tip.

Category: Bikes & the Law, Legal Cases / Tags: , , ,

Swarzman trial begins, Stearns sentenced, Mraz charged, GOP proposes ill-advices budget cuts

July 11, 2011 / / 6 comments

It’s a sad commentary on the state of our roads when the trial of one killer driver begins just days after another ends.

Or maybe it’s a positive note that police and prosecutors are finally taking cases involving cyclists more seriously.

Either way, the trial of Joseph Ricardo Fernandez is scheduled to begin Tuesday for the late night hit-and-run death of popular Encino cyclist Jim Swarzman in Encinitas last April. The trial is scheduled for the North County Courthouse, 325 South Melrose Drive in Vista, starting at 8:45 am tomorrow; Fernandez is facing a single count of hit-and-run causing death.

Cyclists are urged to attend to show their support and make it clear that these killings have to stop.

Thanks to @sonofabike for the heads-up.

……..

In a case that’s been dragging on for years, 30-year old Michelle Nicole Stearns was sentenced to six years in prison for the Dana Point death of Jose Barranco-Patino in 2007. Stearns had a BAC of .20 — 2.5 times the legal limit — when she jumped the curbed and killed Barranco-Patino as he rode home from work.

Thanks to Steve Herbert for the tip.

……..

The driver was finally arrested for a violent May confrontation in which a female cyclist was allegedly deliberately struck and knocked off her bike.

Louis Mraz has been charged with hit-and-run and assault; evidently, this wasn’t his first time. Maybe we need a one-and-done policy when it comes to road rage — one conviction for assault stemming from a roadway incident and you lose your license for life.

Thanks to Rick Risemberg and Patrick Pascal for the links.

……..

In a serious disconnect, the Republican head of the House Transportation Committee proposes major funding cuts, including elimination of all bike and pedestrian set asides, as a new report says Americans are fatter than ever.

And never mind that building transportation infrastructure creates jobs, and bike infrastructure creates even more; then again, so do transit projects, which are also on chopping block.

The Alliance for Biking and Walking, People for Bikes and Safe Routes to Schools ask you to contact your representatives in Congress to demand that funding be continued for bike and pedestrian projects.

Personally, though, I’d gladly trade guaranteed bike and ped funding for legislation mandating Complete Streets throughout the 50 states, which would give us a much bigger piece of the pie while making our streets safer and communities more livable for everyone.

And frankly, I would question the judgment of any elected official who would call for cutting job-creating transportation projects while the country still struggles to get back to work.

……..

In pro cycling news, doctors say Columbian rider Juan Mauricio Soler has suffered serious cognitive deficits following his crash in the Tour of Switzerland last month; he has been transferred back to his Spanish base of operations.

It’s bad enough that the rest of us have to contend with dangerous drivers, but when competitors in the Tour de France are run off the road by a reckless driver in a media car, something is seriously wrong. Crash victims Juan Antonio Flecha and Johnny Hoogerland both managed to finish, after Hoogerland extricated himself from a barbed wire fence — amazingly, he was able to reclaim the best climber’s jersey prior to getting 33 stitches to close the deep gashes in his legs. The driver who hit them has been thrown out of the race while the collision is being investigated by French authorities; rumor has it the car was ferrying VIPs who wanted to get closer to the action.

Additional casualties continue to mount in yesterdays Stage 9, as Astana’s Alexandre Vinokourov leaves with a broken pelvis in what was his final tour, David Zabriskie of Garmin-Cervelo is out with a broken wrist, and Omega’s Jurgen Van Den Broeck and Frederick Willems leave with broken collarbones. A day earlier, San Diego cyclist Chris Horner crashed out; reportedly, he was unaware at the finish that he had even completed the course, let alone that he had crashed. Team Sky’s Bradley Wiggins was also forced to leave after suffering a broken collarbone in a mass crash that shook up the standings. And defending champ Alberto Contador finds himself falling even further behind after hitting the pavement once again in a controversial crash with Vladamir Karpets, aggravating a knee injury suffered earlier in the tour; maybe he needs to start eating Spanish beef again.

Meanwhile, le Tour gets its first ever black cyclist.

And Elly Blue reminds us there’s another big bike race in France; after watching the incomparable Jeannie Longo and the rest of the world’s best women racers compete in the late, great Coors Classic, I think it’s long past time that women were more than just podium girls at the grand tours.

It time that women’s racing got the respect, attention and money it deserves. The Amgen Tour of California will always be a 2nd tier tour for the men, but with a little effort, it could easily become the Tour de France of women’s racing.

……..

Photo by Richard Masoner

Bike-friendly L.A. Councilmember Bill Rosendahl gets friendly with, or rather on, a bike. LACBC says avoid Carmegeddon at the Eat Real food fest in Culver City this weekend; Flying Pigeon credits the Coalition for calling attention to the link between poverty, urban density and bike/ped fatalities. Another recent road rage assault results in riders calling for Share the Road signs to be returned to Angeles Crest Highway; Bike May Use Full Lane signs like the one on the above would probably be a better choice. The Times offers an obituary of cycling coach and former champion Mark Whitehead, who passed away in Texas last week. Stephen Box says L.A. is losing millions in transportation funding. A writer for KCET points out how he and his girlfriend single-handedly boosted the local economy on a bike trip. Four local high schools are fighting poverty by collecting bikes to donate to homeless people on L.A.’s Skid Row. L.A.’s neighbors are outpacing the city in biking infrastructure. Santa Monica’s Fuzzy Bike Coalition sets out to make the world smile. Gary looks at Santa Monica’s new bike racks and how to get them. Encino Patch looks at the summer season at the Encino Velodrome, while Ride the Black Line — which you’re probably already reading if you follow track racing — offers faces of the Velodrome. A Long Beach cyclist is in critical condition after being hit by a pickup that allegedly ran a red light on Wednesday.

The San Diego County Bicycle Coalition has appointed Andy Hanshaw as its new Executive Director. Solano Beach state Assemblyman Martin Garrick was arrested for DUI by CHP bike cops — who knew? — last month with a blood alcohol level nearly twice the legal limit. Speaking of Solano Beach, a cyclist asks where to turn after he’s harassed, then threatened by a passing motorist. The father of fallen San Diego cyclist Nick Venuto rode his son’s bike in a memorial ride in Nick’s honor Saturday. The underage driver who killed an English cyclist near Oceano last month was over twice the legal blood alcohol limit. Great advice from Sacramento on how boosting your speed can save your life in an emergency situation; being able to accelerate out of danger is as important as knowing how to brake properly.

Ten smart tips to cycling in traffic. How to regain your confidence after a crash; my personal method is to go back and finish the same route you crashed on. Nevada passes a three-foot passing law and increases penalties for drivers who hit cyclists who are riding legally. A 71-year old Tacoma man is pushed and beaten by passengers in a passing car until he crashes and ends up in local hospital; credit Tucson Bike Lawyer with the heads-up. The new head of Chicago’s DOT wants to spur more cycling; I’d like to hear a similar pronouncement from LADOT’s new head honcho. A Minnesota man finds his stolen DIY custom bike in a newspaper photograph years later. Cyclists will now be able to ride two Central Park pathways as long as they do it very, very slowly. The Wall Street Journal continues its attempt to become the bike world’s newspaper of record as it looks at custom bike builder Sacha White of Vanilla bikes. A New York Times reporter plans to bike across the country for the 2nd time. The NYPD’s Accident Investigation Unit treats information on traffic fatalities like state secrets. Clearly, black women do bike in DC, after all. Reviews aren’t good for the new bike safety video from Fairfax County VA. Harassment of cyclists rears its ugly head in the Carolinas. A North Carolina cyclist is killed after crossing the center line and colliding with an oncoming car during a local bike race. Dave Moulton calls for more accountability after a cyclist is knocked off a bridge and killed.

An 80-year old New Brunswick man is under arrest for the hit-and-run death of a cyclist; link courtesy of Witch on a Bicycle. A violent assault on a Brit cyclist is caught on video; police swear they’re still investigating. A UK cyclist attempts to reclaim a stolen bike, and ends up stealing another one. Apparently, cycling in Northumbria doesn’t suck after all. Touring Versailles by bike. Do low end bikes — aka Bike Shaped Objects — encourage cycling or put riders off from the miserable experience?

Finally, a Florida cyclist is T-boned by a black bear. And one of L.A.’s more colorful bike characters is caught on camera.

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