Archive for Bikes & the Law

LBFD Captain charged with DUI & felony hit-and-run; report on last weekend’s Sunday Funday ride

April 8, 2011 / / 6 comments

This one slipped under nearly everyone’s radar.

On Friday, April 1st, a cyclist riding in a Seal Beach bike lane was hit by a pickup traveling at roughly 60 mph. The driver, who fled the scene leaving the crumpled victim clinging to life, turned out to be a captain with the Long Beach Fire Department.

And yet the story didn’t break widely until a full week later.

Maybe they thought it was a particularly unfunny April Fool joke.

The still publicly unidentified 48-year old rider was headed east on Westminster Blvd east of Bolsa Chica Street at about 1:30 pm — the L.A. Weekly inexplicably places it at 1:30 am — when he was hit from behind by a Chevrolet truck, catapulting the rider onto the side of the road. According to press reports, he is still hospitalized with major head trauma.

To answer the inevitable question, there’s no report on whether the rider was wearing a helmet. And no, it doesn’t matter — no bike helmet is capable of protecting the wearing in a 60 mph collision.

According to multiple reports, the driver did not stop to check on the injured cyclist. Witnesses followed his truck to a home in Huntington Beach, where 38-year old John Hines was arrested on charges of DUI and felony hit-and-run; he was later released on $50,000 bond.

As it turned out, Hines is not only an LBFD captain, but the son of a retired captain and nephew of the department’s former chief.

Maybe he missed the memo that fire fighters save lives, not take them.

The first report I can find of the collision appeared on a local Seal Beach website the following Monday; not unusual for a story that breaks on the weekend. It identifies the driver only by name, age and place of residence.

The association between Hines and the LBFD first appeared the following day. Yet widespread coverage of the story didn’t occur until the Long Beach Press-Telegram took it up yesterday.

Just what took so long might make a very interesting story.

.………

Late word on the condition of cyclist Adam Rybicki, critically injured in an collision with an allegedly drunk, underage driver early Sunday morning. I won’t share the details, but it sounds like he could use your prayers.

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Eric Weinstein joined in on last weekend’s LACBC Sunday Funday ride. I invited him to offer his thoughts on the ride and the route we followed.

About 30 riders assembled in Westwood on Sunday morning for the Crosstown Traffic Ride. Latest in the LACBC rides, this one was lead by Greg (famous LACBC Board member), on a Dahon single speed folder. Many different, average, ordinary people were on this ride, with a multiplicity of bikes: a beach cruiser, an electric, a couple hybrids, a few fixies, and a bunch of road bikes. All suitable for this fun ride exploring the nice easy routes across town. There has gotta be a nicer way than Venice all the way to Downtown for me. And there is!

Sunday Funday riders gathered across from Angelus Temple in Echo Park

The route’s interesting details follow:

We started near the Westwood Federal Building (near to UCLA), turned onto Santa Monica Blvd, then demonstrated the trick of crossing to the opposite very wide sidewalk when the bike lane ends in Century City.

We then road through the Hilton and across Wilshire to North Beverly Hills. That is were the drivers are still BH friendly, and stop at intersections to wave you through first. Amazing.

From there, we took Carmelita across to Doheny at West Hollywood, returning to the Santa Monica Bvld. bike lane where it starts up again. When it ended, we turned north and rode up to Fountain. Fountain is not bad, passing near the Hollywood Bowl and Metro, and crossing the 101 on a quiet bridge. Brian sez “Watch for glass!” as he got one on this stretch.

A stop to fix a flat tire serves as a reminder...

After that, we turned onto the Sunset Blvd bike lane. Nice place and close to Dodger Stadium, if you ever go there. Then right on Park Avenue to Echo Park, around the lake on Glendale Blvd, and a quick jog west on Beverly Blvd before heading south down on Alvarado to MacArthur Park.

Excellent notable lunch stop at Mama’s Hot Tamales. Good, inexpensive, and politically correct, just as I like it. I’ll be back!

(Ed note: Mama’s offers some of the best coffee and tamales west of Downtown. And as for the politically correct part, it’s a non-profit restaurant that trains immigrants to work in the food service industry.)

A few Westward jogs and we’re on the famous 4th Street Bicycle Boulevard. Not a bad way across town, despite what they say about the potholes. After a few miles we turned left at Cochran, then south to 6th street, and kept on going West for awhile. Here’s where it got awkward. When 6th ends, turn left, then right on busy Wilshire for a few blocks to La Cienega. Walk the bikes across, then west to Le Doux, and a quick turn on wonderful Charleville through Beverly Hills.

...to look for rare beauty in unexpected places.

We followed Charleville across all of Beverly Hills. Nice! Where it ends bear left, then right, until you come to the next awkward part at Santa Monica Boulevard in Century City. You have to zoom across with the light, then get up on the same wide sidewalk next to the golf course that we took riding out.

Got that? I really, really like this route across Beverly Hills, but it’s quite hard to find.

Weirdly (to me) the ride dissipated from here towards the end. Almost everyone rode their bike to go on this ride, so they broke off near the end to ride on home. Clearly, this was a ride for people who ride.

You shoulda been on the ride!

Thanks to Greg and the LACBC for organizing this educational ride. Now I know a few nicer routes.

My apologies to Eric for the delay in getting this online due to this week’s breaking news.

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A New York cyclist is arrested a nearly getting doored, then chased in a road rage incident by a plain clothes cop who reportedly feared for his own safety. Yeah, a small woman on a bike is a real danger to a cop driving threateningly in an unmarked car.

Maybe it’s time for Mayor Bloomberg to call NYPD Commissioner Raymond Kelly on the carpet and ask him what the f*** is going on with his department.

..………

Way too many CicLAvia links to include here. I’ll try to catch up with them on my next post later tonight. In the meantime, Joel Epstein says he’s longing for CicLAvia in an insightful HuffPo piece linking Sunday’s event with the fight against obesity and diabetes. And fellow HuffPo writer Aaron Paley says CicLAvia is about overthrowing the tyranny of the automobile.

.………

Writing for Flying Pigeon, Rick Risemberg says get involved, get out there on your bike, be visible and make some noise. LADOT is moving forward with bikeways around the city, including an extension of the Orange Line bike path, and wants your opinion on how to build bike lanes on Venice Blvd. LACBC reports on the Tuesday’s Altadena workshop for the new draft county bike plan; the Messenger Online looks at the Monday Topanga workshop. Street-hassel asks if Stephen Box blundered in deciding to head up Budget LA. Seventh Street will soon go on a road diet; the new bike lanes won’t be ready for this weekend’s CicLAvia, but could be there for the next. Congestion due to roadwork related to the 405 expansion offers an opportunity to promote bikes as an effective alternative. The C-Blog looks forward to Sunday’s Queen of the Classics, aka the Hell of the North. A Redondo cyclist will ride 500 miles to call attention to his friend’s rare illness. Confused by Claremont’s double standards and rider-less bike signs. This time, Long Beach’s biking expats are riding for a cause.

The Daily Pilot tells distracted drivers — and cyclists — to pay attention; evidently, it’s a world-wide problem. San Clemente revises a proposed I-5 onramp design after complaints from cyclists. Not surprisingly, Herman Lopez Gonzalez has pleaded not guilty in the Oceanside death of 18-year old David Mendez last month. Ross del Duca of Just Another Cyclist is the new head of VeloReviews. Art of the Group Ride continues its series on the anatomy of a great group ride. Book a room at San Francisco’s Clift Hotel and get use of a Dutch-style bike during your stay. Thursday was Bike to School Day in the City by the Bay.

The Lovely Bicycle says the Urbana bike I reviewed last year would make a perfect hi-vis rainbike, and discusses the problem of female saddle discomfort; maybe that’s why more women don’t ride. Levis introduces a new line of bike-friendly jeans. An introduction to bike riding for beginners, and six tips on how to help your significant other learn to ride. Tucson bike commuting stalls. An Anchorage cyclist’s GPS iPhone app captured his rides throughout the city — including the exact point where he was killed by a car. Edmond OK okays their own three-foot passing law. Evidently, St. Louis-area bikes and bikinis go together after all. Tennessee state senator and triathlete Roy Herron suffers a broken collarbone, handful of broken ribs and a slightly collapsed lung following a Sunday riding accident. Detroit cyclists rediscover a long-forgotten velodrome. A rising New York politician swears he’s pro-bike, but won’t take a stand on bike lanes. When a New Jersey cyclist is hit in a classic right hook, local police can’t figure out the driver is at fault. A writer for the Baltimore Sun says roads weren’t actually made for cars, and says those who can’t watch out for bikes and interact safely with them should seek instruction or stop driving. A drunk driver keeps going after killing father and son cyclists in North Carolina. Zeke says cycling is blooming like spring. New Orleans in suddenly on track to be a leading bike city; take it from me, if they can do it there, it should be easy here. Look ma, no hands — no really, it could be legal in Florida soon. Michelin introduces self-sealing inner tubes.

Tijuana cyclists roll on monthly Friday night Paseo de Todos rides. Now that’s what I call a mostly off-road bike race. Kate and Will gear up for the big day with healthy bike rides. An insightful UK MP calls for more reliance on bikes and less on cars. The City of London gets new public bike pumps. The Guardian asks what’s the best way to pass other traffic. Maybe bikeways wouldn’t suck so much if we had a hand in designing them. David Hembrow looks at the new innovative NACTO bikeway standards, and finds them lacking.

Finally, a Montana legislature actually stands up to defend drunk driving as a traditional way of life; maybe you’d better wear some serious protective devices if you’re planning to ride up there. And the next time you’re stuck behind a bus sucking diesel fumes, you’ll wish you had new First Defense Nasal Screenstm. Wonder if they’d keep my wife from complaining about the dog’s gaseous emissions?

No, seriously, it’s the dog. Honest.

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

Torrance police spokesman responds about statement blaming cyclists

April 7, 2011 / / 6 comments

It seemed black and white.

A cyclist is critically injured in a collision with an underage drunk drunk driver. And the very next day, a story appears in the local paper clearly suggesting that the cyclist could have been at fault.

He added that it’s not clear if the driver swerved or what led to the accident.

“It’s kind of a residential street, so we’re not sure if the bicyclists were staying on their side of the road or taking up more of the road,” Chase said.

I responded to it almost immediately, as did thousands of other cyclists.

After all, it fit with the long-standing pattern of police bias against cyclists that we’ve been battling for decades.

But over the past few days, as the story unfolded, it became clear that there was more to the story. Riders who were on the scene reported that the police conducted a fair and complete investigation, while others stressed that the officer who made the statement was not involved in the case.

Lately, though, I’ve been receiving messages suggesting that the officer had been misquoted, and that as a cyclist himself, would never have made such a statement.

I usually take such things with a grain — if not a 10 pound bag — of salt. After all, blaming the press is usually the first response when it all hits the fan.

It’s clearly nothing new. Way back in the last century that Groucho Marx once quipped “Quote me as saying I was misquoted.”

And it wouldn’t be the first time someone claiming to be a cyclist attacked other riders.

This time, though, there may be some truth to it.

A reader named JA reached out to the officer in question, Lt. Devin Chase, and received the following response:

I wanted to thank you for taking the time to share your concerns.  I am a bicyclist who rides at least two to three times per week, so I share your concerns and believe me as a bicyclist I do not have any anti-cyclist bias.

I am not sure if you have ever been interviewed by the media, but they never quote you fully and often don’t quote you completely accurately.  Unfortunately the ten minute conversation that I had with the Daily Breeze reporter was reduced to the short statement in the article; which was not quoted in context, nor did it clearly indicate that we were only interested in gathering all the available facts in this case.

My actual statement was that the Torrance Police Department was conducting a major investigation into this accident and our major accident investigators had been called out and that they would be looking at all aspects of the collision in order to determine exactly what occurred.

I then gave an example of one aspect that would be looked at, which was where in the roadway was the driver and where in the roadway were the bicyclists prior to the collision. The importance of this level of investigation is that the point of rest for the vehicle and the bicyclist was against the west curb with the vehicle facing west, possibly indicating the vehicle was taking evasive action from their side of the roadway and away from the bicyclists.  To a non-trained investigator or to a citizen this might lead one to believe that based solely on those facts the bicyclist was riding on the wrong side of the street at the time of the collision; however our trained accident investigators will be able to reconstruct what occurred prior to the point of rest.

I felt this was important to point out to the reporter because if a picture of the accident scene were published it would portray the above information; which would look bad for the bicyclist.  This was all shared with the reporter, it just wasn’t printed.

I want to assure you that the Torrance Police Department conducts very thorough, bias-free investigations of all aspects of a significant incident like this and this case is no different.

Lieutenant Devin Chase
Watch Commander – Torrance Police Department

If we take Lt. Chase at his word — and frankly, I see no reason not to, having been in the same situation myself — he is guilty, at most, of talking a little too freely to a reporter, without consider the damage his words could do if taken out of context.

As I’ve learned over the past few years, it’s not easy talking to a reporter. You have to respond to questions off the top of your head, with no time to edit your response. I’ve often found myself walking away hoping they don’t use a well-intended comment that would sound entirely wrong out of context.

Even when you have time to carefully craft your words, you have no control over how they’re eventually used, as Bike Snob lately learned.

So maybe he’s right.

Maybe the press is to blame this time. Maybe the reporter got careless in trying to meet a deadline, and didn’t consider how that quote would be read. Maybe, as some have suggested, it’s the paper itself that is biased against cyclists.

Or maybe, in retrospect, the local police are just trying to scrape the shit back off the fan.

Personally, I’m inclined to give Lt. Devin the benefit of the doubt. And to take a little more time to calm down before I write in response to something I’ve read.

I’d also say I’d make more of an effort to reach out to the police for clarification before I write something. But I’ve found that, with the notable exception of the LAPD, my emails to the CHP, L.A. Sheriff’s Department and various local police departments have been almost universally ignored.

But I suppose past results are no indication of future performance, as they say on the investment ads.

And let’s give credit to the Torrance department for being the exception, as they have clearly shown in responding to cyclist complaints this week.

But maybe this is an opportunity.

Maybe the Torrance police and South Bay cyclists should take the anger this story has aroused, and use it as an opportunity start a real, ongoing dialogue like LAPD Chief Beck and Sgt. Krumer have done with the Bike Task Force.

Because it sounds like they may have a lot to talk about.

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

Better news on Adam Rybicki, LA engineers get bike/ped training, CA considers 15 mph passing law

April 6, 2011 / / 5 comments

Good news on the condition of Adam Rybicki, who was critically injured in a collision with an allegedly drunk, underage driver in Torrance on Sunday.

Jim Lyle forwards the following comment from the original story in the Daily Breeze:

A number of physicians ride on this ride and were instrumental in initially saving Adams life. Richard Brenner is one of our riders and is also a physician. Here’s what he has to say about his visit to Adam tonight: “I just returned from visiting Adam at Harbor General. He is in the ICU 3 West. He is still in a coma but shows responsiveness in his extremities. 
He has a trach tube but is not on a ventilator. He has a drainage tube in the head but they haven’t needed to drain anything. The nurse, a great guy, 
told me that his ICP, intracranial pressure, was excellent. He had a cervical collar on and has not been to the MRI. His vitals were good. His face looks a lot better than I expected. There is some swelling but I didn’t see any of the lacerations I was expecting. The nurse noted that Adam has been improving in his responsiveness during his shift. Say a prayer.

Also, in answer to questions I’ve gotten from several people, cyclist/attorney Dj Wheels confirms that the passengers in the car driven by Jaclyn Garcia could not be legally required to take a breathalyzer test, even though they were underage and allegedly drunk at the time of the collision. Under California law, only the driver is required to prove sobriety.

The officers investigating the crash could have given them field sobriety tests to test for underage drinking or public intoxication, however. Wheels also notes that police would not have allowed them to leave on their own if they were too drunk to take care of themselves, and could have taken them into custody until they sobered up or someone came to get them.

The passengers also bear no legal responsibility, according to Wheels, either for the collision itself or for allowing Garcia to drive under the influence, unless they were actively interfering with her ability to drive. That’s something we should look at trying to change; anyone who knowingly allows someone to drive after drinking should bear some responsibility for whatever follows.

And contrary to my understanding, while the person(s) who sold, served or supplied the girls with alcohol could be held responsible for violating state liquor laws, they bear no responsibility for the collision itself under California law.

For anyone who may have missed it yesterday, it appears the initial comments by a Torrance Police spokesperson were wrong. All reports I’ve received from people on the scene of Sunday’s collision indicate the Torrance police conducted a fair, thorough and unbiased investigation, and that the officer who’s comments suggested police were blaming the cyclists was not involved in the investigation and had no direct knowledge of the case.

.………

One of my biggest complaints over the years, and one I’ve frequently heard from other cyclists, is that bike infrastructure too often looks like it was designed by someone who had never been on a bike.

From bike lanes that start and stop at random and place cyclists squarely in the door zone, to bike paths that double as sidewalks and force riders to navigate through turning motor vehicle traffic.

Now the LACBC is working with LADOT and the Mayor’s office to do something about it.

Since the Mayor’s Bike Summit last year, the LACBC has been working quietly behind the scenes to arrange a training program in complete streets and bicycle and pedestrian safety design. Now it’s finally going to take place later this month, with an intensive two-day training session, not just for Bikeways staff, but for all of the city’s roadway engineers.

Maybe we can use this as a springboard for a Vision Zero plan for Los Angeles to achieve a rate of zero cyclists and pedestrians killed on city streets by 2020.

With the new bike plan, better relations with and enforcement from the LAPD, a bike-friendly mayor, a soon-to-be adopted anti-harassment ordinance, and now bike and pedestrian safety training for the people who design our streets, the pieces are finally in place.

It might be hard, but it is doable.

.………

Cyclelicious reports on the latest attempt to approve a three-foot passing law in the California legislature. As the bill now stands, it contains not only the three-foot provision, but also a requirement that drivers pass cyclists at a maximum 15 mph speed differential.

While most reasonable people understand the need to slow down to pass a cyclist, this appears to be an unenforceable standard as it now stands, requiring drivers to slow from 60 mph or more on some highways to 30 or 40 mph — or less — when they pass a cyclist riding on the shoulder.

A better standard might be to require the maximum speed differential when passing a cyclist in the same lane.

Even then, such a speed differential would be virtually impossible to objectively measure, requiring an officer with a speed gun to measure the relative speeds of both the cyclist and the passing vehicle. And frankly, police usually have better things to do with their time.

The only time something like this might come into play would be in the event of a collision, when it could be proven that the vehicle did not slow down before hitting the cyclist.

Which makes me wonder if it’s really just a straw dog — something that could be negotiated away in order to gain approval for the three foot provision.

Or does someone else have some insights on this that I don’t?

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CicLAvia is still looking for volunteers for Sunday, as well as the days leading up to L.A.’s new favorite biking, walking, sitting and just generally hanging out event. Fill out this form to volunteer on Sunday, or this one to volunteer to help get ready on Friday and Saturday; email CicLAviaVolunteer [at] gmail [dot] com for more information.

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LADOT Bike Blog offers an interview with new BAC chair Jay Slater. Damien Newton looks at the county’s proposed bike plan and not surprisingly, finds it lacking, with no plan to implement any of it. Steven Box writes that is has been a long road to relevance for L.A. cyclists, but this is just the beginning. Santa Monica unveils their proposed Bicycle Action Plan on Wednesday. Answering questions about the coming weekend’s 2011 Feel My Legs, I’m a Racer event. Richard Risemberg rolls with the monthly Vélo Rétro ride. L.A. Cyclist recounts the restoration of a Nishiki with a bizarre front freewheel. Cynergy Cycles invites you to be one with your bike this Thursday. What to do to keep from getting dropped on group rides. A look back at Santa Monica bicycling history. Evidently, there’s a new Pashley in town. The Times offers a story on biking the steep trail to Little Pine. April is Distracted Driving Month in California — which means don’t do it, rather than encouraging it.

The Quiznos Pro Challenge thankfully abandons their horrible sandwich huckstering name and will hereby be known as the USA Pro Cycling Challenge; now that sounds like something I might actually watch. A new study shows that the percentage of who rides is nearly equally divided among economic groups, with lower income riders making up the largest group and upper income the smallest — so much for the idea that only rich yuppies ride bikes.

Twelve reasons to start using a bike for transportation. The U.S. once led the world in cycling. Minneapolis’ success offers a lesson in how to beat the bikelash. A cycling physician is killed when a driver has a sneezing fit. DC bike commuting on the increase. A cyclist participating in an annual Florida cycling event is killed when a driver attempts to retrieve a dropped cell phone; am I the only one who thinks calling this the event’s first fatality sounds like they’re planning for more?

In what’s sure to be seen by Tea Partier’s as yet another plot for world domination, the UN is now tweeting about road safety. After riding 1750 miles across Europe, a group of Brit soldiers riding for to raise funds for charity are forced to complete the journey on foot due to safety regulations. Mayor Boris considers establishing the London Marathon on Wheels. Saxo Bank SunGuard rider Nick Nuyens takes the Tour of Flanders in a final breakaway with Sylvain Chavanel and Fabian Cancellara; proof the strongest rider doesn’t always win. An Aussie man gets a slap on the wrist after setting a trap for mountain bikers, then changing his mind and warning riders.

Finally, Gothamist offers a hilarious take on the New York Post’s idiotic attempt to link their irrational hatred of New York bikeways and the woman behind them to — wait for it — 9/11.

I’m in catch up mode this week, so please bear with me. I’ve got lots of good stories in the queue, including a guest post from Eric Weinstein on Sunday’s Crosstown Traffic Ride, updates on bike-related criminal cases from Dj Wheels, bike lanes blocked by movie crews, and photos of the crappiest bike lane on the Westside — yes, even worse than Westwood’s Ohio Ave.

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

More details on Sunday’s DUI bike collision in Torrance; driver had numerous moving violations

April 5, 2011 / / 32 comments

More details are trickling in on Sunday’s early morning DUI collision that left cyclist Adam Rybicki in critical condition.

According to the Daily Breeze, a car driven by 19-year old Jaclyn Andrea Garcia veered towards the group of cyclists, who were riding two-abreast on the right hand side of the street, as the car approached from about 75 yards away.

The members of the Doctor’s Ride — so called because of the number of physicians, lawyers and other professionals who regularly take part — swerved to get out of the way and braced for impact.

An email that was been forwarded to me, written by one of the participants on the ride, describes the car, a Kia mini SUV, swerving back to the right at the at the last second. The writer reports locking up his back wheel, screaming and somehow getting by, while the rider to his left, identified only as John, clipped the driver’s fender and fell into the street.

The rider to John’s left, identified as 49-year old Adam Rybicki of Rancho Palos Verdes, was hit head-on after he had swerved in a failed attempt to avoid the car; by swerving to the left, he had inadvertently put himself directly into the path of the Kia when it veered back to the right.

The writer reports that the car stopped, but the engine was still running, so he walked around to the driver’s side and screamed at her to turn off the engine. He reports that a man named Dick, identified in the Daily Breeze as a surgeon participating on the ride, tended to Rybicki until the paramedics arrived; his actions may have saved Rybicki’s life until he could be rushed to Harbor UCLA Medical Center.

He also notes the driver was breathalyzed and arrested, and everyone on the ride was interviewed. And that the police are doing a thorough investigation — despite the impression left by the comments made by a police spokesperson in the initial Daily Breeze report.

The Daily Breeze reports that Garcia has had multiple moving violations in just the last two years — yet was still allowed to keep her license.

Jaclyn Andrea Garcia, 19, has a valid driver’s license, but has had four convictions for driving offenses since 2009, including three for speeding, state Department of Motor Vehicles records show.

The records showed Garcia was convicted Jan. 14, 2009, of driving at a speed unsafe for the prevailing conditions.

On May 13, 2009, she was convicted of failing to obey signs. On Dec. 4, 2009, she received a ticket for speeding at more than 70 mph, then received another ticket for driving at a speed unsafe for the conditions on Jan. 25, 2011.

Despite that, she was allowed to keep driving, and nearly took the life of another person on Sunday.

One of the commenters on today’s post questioned why the passengers in her car weren’t subjected to a blood alcohol test, since they were also reputed to be drunk and underage — and he describes them, not unfairly, as accomplices rather than mere passengers.

Several reports have described the driver as emotionless, and told of one passenger who, rather than show any concern or compassion for the victim, attempted to walk away, saying she had to get to work and didn’t have time “for this shit.”

As I understand it, it is also an established legal principal that whoever supplied them with the alcohol — whether a business or individual — can be held accountable for the actions that resulted. We can only hope that the police follow the investigation as far as it goes, and the DA pursues all the charges that are warranted, whether against Garcia or anyone else who may have contributed to the tragedy.

Meanwhile, Garcia has been released on $100,000 bail, while Rybicki, who has a wife and son, remains in a coma with a broken leg and ankle, several broken ribs, a broken shoulder, cracked vertebrae, multiple skull fractures and bleeding in the brain.

Maybe you can tell me what’s wrong with this picture.

My prayers go out to Adam, his family and loved ones, with my best wishes for a full and speedy recovery.

.………

Another comment received Monday evening from a couple who describe themselves as regular participant in the same ride confirms many of the details from other sources.

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

More details on Sunday’s DUI bike collision in Torrance; driver had numerous moving violations

April 5, 2011 / / 32 comments

More details are trickling in on Sunday’s early morning DUI collision that left cyclist Adam Rybicki in critical condition.

According to the Daily Breeze, a car driven by 19-year old Jaclyn Andrea Garcia veered towards the group of cyclists, who were riding two-abreast on the right hand side of the street, as the car approached from about 75 yards away.

The members of the Doctor’s Ride — so called because of the number of physicians, lawyers and other professionals who regularly take part — swerved to get out of the way and braced for impact.

An email that was been forwarded to me, written by one of the participants on the ride, describes the car, a Kia mini SUV, swerving back to the right at the at the last second. The writer reports locking up his back wheel, screaming and somehow getting by, while the rider to his left, identified only as John, clipped the driver’s fender and fell into the street.

The rider to John’s left, identified as 49-year old Adam Rybicki of Rancho Palos Verdes, was hit head-on after he had swerved in a failed attempt to avoid the car; by swerving to the left, he had inadvertently put himself directly into the path of the Kia when it veered back to the right.

The writer reports that the car stopped, but the engine was still running, so he walked around to the driver’s side and screamed at her to turn off the engine. He reports that a man named Dick, identified in the Daily Breeze as a surgeon participating on the ride, tended to Rybicki until the paramedics arrived; his actions may have saved Rybicki’s life until he could be rushed to Harbor UCLA Medical Center.

He also notes the driver was breathalyzed and arrested, and everyone on the ride was interviewed. And that the police are doing a thorough investigation — despite the impression left by the comments made by a police spokesperson in the initial Daily Breeze report.

The Daily Breeze reports that Garcia has had multiple moving violations in just the last two years — yet was still allowed to keep her license.

Jaclyn Andrea Garcia, 19, has a valid driver’s license, but has had four convictions for driving offenses since 2009, including three for speeding, state Department of Motor Vehicles records show.

The records showed Garcia was convicted Jan. 14, 2009, of driving at a speed unsafe for the prevailing conditions.

On May 13, 2009, she was convicted of failing to obey signs. On Dec. 4, 2009, she received a ticket for speeding at more than 70 mph, then received another ticket for driving at a speed unsafe for the conditions on Jan. 25, 2011.

Despite that, she was allowed to keep driving, and nearly took the life of another person on Sunday.

One of the commenters on today’s post questioned why the passengers in her car weren’t subjected to a blood alcohol test, since they were also reputed to be drunk and underage — and he describes them, not unfairly, as accomplices rather than mere passengers.

Several reports have described the driver as emotionless, and told of one passenger who, rather than show any concern or compassion for the victim, attempted to walk away, saying she had to get to work and didn’t have time “for this shit.”

As I understand it, it is also an established legal principal that whoever supplied them with the alcohol — whether a business or individual — can be held accountable for the actions that resulted. We can only hope that the police follow the investigation as far as it goes, and the DA pursues all the charges that are warranted, whether against Garcia or anyone else who may have contributed to the tragedy.

Meanwhile, Garcia has been released on $100,000 bail, while Rybicki, who has a wife and son, remains in a coma with a broken leg and ankle, several broken ribs, a broken shoulder, cracked vertebrae, multiple skull fractures and bleeding in the brain.

Maybe you can tell me what’s wrong with this picture.

My prayers go out to Adam, his family and loved ones, with my best wishes for a full and speedy recovery.

.………

Another comment received Monday evening from a couple who describe themselves as regular participant in the same ride confirms many of the details from other sources.

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

Yet another L.A. bikeway fail; CHP steps up to catch a hit-and-run driver

March 31, 2011 / / 6 comments

Los Angeles recently approved a widely praised bike plan; now the county is holding a series of workshops on their new plan.

And countless other cities around the greater L.A. area are currently somewhere in the development or approval process on plans of their own. Yet one thing that often seems to be forgotten is the need to maintain those bikeways once they’re built.

We’ve discussed it before, from Westwood’s long abandoned and barely ridable bike path, to bikeways blocked by everything from sand to trash cans.

Yesterday, Margaret Wehbi copied me on an email she sent to County Bikeway Coordinator Abu Yusuf, complaining about the condition of bike lanes on Imperial Highway just south of LAX.

In it, Webhi describes her typical ride, in which she pedals up the beachfront Marvin Braude bikeway from Manhattan Beach to Dockweiler, then heads east on the bike lane along Imperial Highway.

And that’s where the problem starts.

Aside from the same broken and pitted pavement faced by riders throughout the L.A. area, she reports that the lane has never been swept, resulting in lots of broken glass, as well as ice plant growing into the bike lane.

Then there’s this:

As you can see, sand has washed out from the embankment onto the bike lane, blocking it entirely and forcing riders out into often unforgiving traffic. According to Wehbi, it’s not a new problem; the photo she took in January would look the same as one taken today — and the same as it would have last year.

Yet it wouldn’t take much to fix the problem.

Just a few scoops from a front loader, and a passby from a street sweeper — making sure to move all the way to the right to get the full bike lane, rather than just cleaning the motor vehicle lanes and leaving cyclists on their own. Then doing it again on a semi-regular basis to keep it that way.

My experience working with Yusuf tells me he’s one of the good ones — an all-too-rare government official who genuinely cares and is committed to doing what he can to improve bicycling in the county. Even if he is sometimes hamstrung by limited budgets and government bureaucracy.

Unfortunately, though, the problem isn’t in his jurisdiction. As I was writing this, I received a response from Yusuf indicating that he had forwarded Webhi’s email to Tim Fremaux and Nate Baird at LADOT Bicycle Services.

Hopefully, they can track down whoever is responsible for not maintaining the bike path into its present condition.

And that’s a big part of the problem, because it’s often almost impossible to discover who is responsible for any given street in the jumbled mishmash of city and county jurisdictions that make up the greater L.A. area. Webhi reports being bounced from the City of El Segundo, to the City of Los Angeles, to L.A. County, and now back to the city in a so far vain attempt to get someone, anyone, to just fix it, already.

But it also serves as a reminder to all of us.

It doesn’t matter what’s in the bike plan, or how many bike paths, lanes and bike friendly streets end up being built, if we can’t ride the ones we’ve got.

.………

I can’t say I’m always a fan of the California Highway Patrol’s investigation of bicycle collisions.

Too often, they’ve appeared to show a bias against cyclists, concluding that we’re at fault in most wrecks involving cyclists.

Even though many other authorities disagree with that conclusion.

Of course, who is at fault too often depends on who is investigating, and the quality of training they received.

However, Lois points us to a recent case in which the CHP appears to have gotten it right, and went out of their way to capture a hit-and-run driver.

A writer on the SoCal Trail Riders forum related the story of a recent hit-and-run in which he was rear-ended by a passing car on Live Oak Canyon Road near Cooks Corner. At first he thought the car clipped his bike beneath the seat. But once he got home and removed his bike shorts, he discovered the clear imprint of a car mirror on his ass.

And as it turned out, the mirror from a gold Nissan was left at the scene after the driver fled.

The CHP arrived, took the report and collected the mirror.

But rather than just file it away, as too often happens when a rider isn’t seriously injured, the CHP officer who took the report went back the next day to look for the driver. And just happened to spot a gold Infinity — made by Nissan — which was missing its right mirror.

Of course, the driver denied any knowledge of hitting a cyclist, claiming that he had been in a collision with an unidentified truck the previous day. But all the authorities have to do to make their case is to match the mirror to the car, and match the bruise on the rider’s butt to the mirror.

Case closed.

The cyclist reports that the officer will be forwarding details to the DA. And that he’s now a big fan of the CHP.

.………

Just a few more quick notes:

A new organization claims to represent the Beleaguered British Driver, politely and automatically  — if involuntarily — enrolling all 30,000,000 of the nation’s drivers. And claims that politicians who support cycling are mentally ill, offering as proof the “fact” that riding a bike requires putting “oneself in the path of rather heavy fast moving machinery,” and asks “Would any sane and right minded person do that?”

The RACF has really commissioned an anti car anti driver report and that is because there is no level playing field. Cycling is done by a tiny minority RACF. Whereas everyone depends on the 30 million drivers of this country and the economy would collapse without them, no-one would miss cyclists at all. The push bike is a political menace simply because any politician who rides one is in a minority and as I have demonstrated, has to be mad.

Someone seems crazy alright. But something tells me it’s not the ones he’s complaining about.

.………

The UCLA Bicycle Academy points out that the school may have been honored as a Bike Friendly University, but there’s still a lot of work to do. And invites you to join them tomorrow at their monthly lunchtime meeting.

And in light of yesterday’s post touching on the Mary Poppins Effect, Travelin’ Local’s Lisa Newton forwards a link to an older study showing a blonde wig could do more to keep you safe than a helmet.

Category: Advocacy & Politics, Bikes & the Law, Streets and Infrastructure / Tags: , , , , ,

Breaking news — LAPD officer bicycle training now available online

March 16, 2011 / / 3 comments

The LAPD’s officer bicycle training module has just been made available online.

As you may be aware, this training program was developed jointly through the efforts of the LAPD and the local bicycling community, and shows exactly how LAPD officers are trained to interpret and enforce the California Vehicle Code as it pertains to bicycling.

I’ll let Sgt. David Krumer explain from his email announcing the public release of the video:

At the Mayor’s Bike Summit, a promise was made to the cycling community that there would be greater communiation and cooperation between the various City Departments and the cycling community.  To that end the LAPD has recently posted the training that all LAPD officers were required to take to educate them on the specific rules of the road as they apply to cyclists. The training can be found on LAPDonline in the cycling awareness section and was also posted to youtube by Joe Linton (Los Angeles Bicycle Advisory Committee).  Additionally the training may also be available soon on the Mayors website as well as LADOT.

The training was developed with input from our partners which included Aurisha Smolarski (Los Angeles County Bicycle Coalition), Ted Rogers (Bikinginla/LACBC), Ron Durgin (Sustainable Streets), Enci Box (Illuminate LA), Dr. Alex Thompson (BikesideLA.org), Stephen Box (SoapBoxLA), Carlos Morales (Eastside Bike Club), and Glenn Bailey (Mayoral appointee to the Los Angeles Bicycle Advisory Committee). These activists and cycling representatives worked tirelessly to ensure your voices are heard.

Thanks to Sgt. Krumer, Cdr Villegas, Chief Beck and all the members of the LAPD who have worked so hard to improve the department’s once-troubled relationship with the cycling community.

And help make us safer and more welcome on the city’s streets.

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

Fight back against blocked bike lanes, SoCal bike crime beat, a brief rant and a long list of events

March 12, 2011 / / 6 comments

It’s not like we have enough of them as it is.

I mean, I can’t speak for you. But few things tick me off more than riding through one of the all-too-few bike lanes in this megalopolis we call home — let alone the even rarer ones that are actually worth using — only to suddenly have to dart into unforgiving traffic without warning.

All because some jerk decided to double park in the bike lane. Or maybe leave their garbage bins in our designated riding right-of-way.

Or my ultimate annoyance, a movie or construction crew that felt a need to place their orange cones in our way on the off chance that someone might actually stray a little too close to one of their precious trucks.

Which makes me want to slap the side of the damn things as hard as I can while I ride by. Something I have only barely managed to avoid doing.

So far.

Fortunately, there are cooler — and wiser — heads in this world.

Take I Block the Bike Lane.

A new nationwide bike safety program, IBBL invites riders to place non-destructive, static-cling stickers on vehicles and objects blocking bike lanes.

And not, as I am often tempted, to tell them what jerks they are. But rather, to start a constructive dialogue that maybe, just maybe, might make the driver think twice about doing it again.

I’ll let Michelle, one of the founders of I Block the Bike Lane, explain the rationale behind the program — and how you can get involved.

According to the National Highway Traffic Safety Administration’s most recent statistics, 603 bicyclists died on US roads in 2009 and another 50,000 were injured in traffic. The state of California is consistently second only to Florida in cyclist fatalities. A new and national campaign is seeking to cut those numbers by making motorists aware of the dangers associated with blocking bicycle lanes.

iblockthebikelane.com is a sticker campaign aimed at driving motorists to a friendly and educational website. At the heart of the initiative are Bike Lane Sticker Teams, who place iblockthebikelane.com easy-peel stickers on vehicles illegally standing or parking in clearly marked bicycle lanes. The stickers are invitations to visit the website, which houses a safety plea from bikers, as well as current bicycle-related news and information.

The campaign also stresses to bikers the importance of riding responsibly and peacefully coexisting with motorists.

Visitors to the website are encouraged to leave comments. One of the goals of the campaign is to foster a constructive dialogue between drivers and bikers, in the hopes that mutual understanding will make everyone feel better about sharing the streets.

As the campaign builds momentum, its organizers are looking for Bike Lane Sticker Team volunteers in cities across the country. Information about participation and sticker orders can be found online at www.iblockthebikelane.com/jointheblst.

I often have guest authors on here because I enjoy offering a variety of perspectives and seeing cycling issues through someone else’s eyes. Even if I don’t always agree with what they have to say.

But this is one program I can get behind without hesitation.

So place your order.

And go out and stick it to ‘em.

Just a quick aside — if, like Michelle, you have something you’d like to share with the biking community here in L.A., California and around the U.S., just let me know. You can find my email address on the About BikingInLA page.

.………

In the local SoCal bike crime beat, Patricia Ann Izquieta has been sentenced to three years in prison for killing cyclist Donald Murphy while high on prescription medications in a 2009 Newport Beach hit-and-run. And arraignment has been postponed for the woman for allegedly killed Jose Luis Carmona in a drunken hit-and-run while he walked his bike on the side of PCH.

Meanwhile, this somehow flew under my radar, as Jose Luis Huerta Mundo pleaded guilty to a misdemeanor count of vehicular manslaughter without gross negligence in the death of cyclist Michael Nine in Newport Beach last year, and was sentenced to 360 days in jail on February 7th. However, cyclist/attorney Dj Wheels reports that he was released from custody two days later on February 9th; even if he was credited with time served from the time of his July 21st arrest, that works out to a lot less than 360 days. He may soon be deported, if he hasn’t been already, since ICE had a hold on him pending his release.

.………

At a Thursday Community Board meeting, New York’s embattled Prospect Park West bike lanes were supported by 86 people, with just 11 opposed.

But let me get this straight.

People affected by the earthquake in Japan are fighting for their lives right now, while people in Libya are fighting for their freedom. And a bunch of rich people in New York are fighting over a goddam bike lane?

Seriously?

Sometimes it seems like if you’re not pissed off, you’re just not paying attention.

.………

Metro throws down a challenge for local developers to build a mobile app or mash-up using their transit data; winner could get a cash prize of up to $2000. A kickoff event will be held March 31st, with entries due May 20th.

.………

Bike Talk airs Saturday at 10 am; listen to it live or download the podcast from KPFK.

The next Folk Art Everywhere ride rolls this Saturday from noon to 3 pm starting at Rudy Ortega Park in San Fernando, giving you a chance to tour the Northeast Valley is a fun and easygoing way, while you learn about the Valley’s past and present Native American tribes. Speakers will represent Tia Chucha’s Centro Cultural, Pacoima Beautiful and Pukuu Cultural Community Services.

Celebrate St. Patrick’s Day a few days early at the Hermosa Beach St. Patrick’s Day Parade beginning at 11 am on Saturday, March 12th along Pier Avenue; you may recognize some familiar faces in the bike parade.

Flying Pigeon and the Bike Oven host the free Spoke(n) Art Ride on the 2nd Saturday of every month; the next ride will take place on March 12th, starting 6:30 pm at 3714 N. Figueroa St. in Highland Park.

Also on the 12th, Long Beach continues their series of workshops for the city’s new Bicycle Master Plan with a bike ride from 10 am to 11:30 am, and a community workshop from 11:30 to 1 pm at the Expo Center (Bixby Knolls)
4321 Atlantic Ave in Long Beach. Additional workshops take place on Saturday the 19th and Wednesday, March 23rd.

Help refine the route for CicLAvia’s planned expansion into South L.A. with a monthly bike ride starting at 1 pm at Trust South LA, 152 West 32nd Street; email tafarai@trustsouthla.org for more information.

Flying Pigeon’s Get Sum Dim Sum ride takes place on the third Sunday of each month; the next ride will be Sunday, March 20 from 10 am to 1 pm, starting at 3714 N. Figueroa St. in Highland Park.

The County of Los Angeles begins a series of 11 workshops for the new 2011 draft Bicycle Master Plan on Tuesday, March 28th from 6 to 7:30 pm at Topanga Elementary School, 141 N. Topanga Canyon Blvd, in Topanga. Additional workshops will be held March 29th, March 30th, March 31, April 4th, April 5th, April 6th, April 11th, April 12th, April 13th and April 14th; click here for locations and times.

There should be an app for that. Metro invites anyone with a good idea to develop useful mobile apps or web mash-ups utilizing their transit data, with a goal of enhancing riders ability to use transit and encouraging more people to go Metro — and you could win up to $2,000 for your efforts. Learn more on Thursday, March 31st from 6 to 7:30 pm at Metro Headquarters, One Gateway Plaza Downtown.

The Santa Clarita Century is scheduled to roll on Saturday, April 2nd with rides ranging from a family ride to a full century.

If you’re looking for something a little more relaxed, visit the free Magical Magnolia Bicycle Touron Saturday, April 2nd from 3 to 7 pm in the Magnolia Park neighborhood in Burbank; be sure to visit Porto’s Bakery for a great Medianoche or Cubano sandwich and Cuban pastries.

The next three CicLAvias will take place on April 10th, July 10th and October 9th. If you missed the first one, don’t make the same mistake again; word is that Lance won’t.

Keep the post-CicLAvia good bike feelings going on Thursday, April 14th with Bike Night at the Hammer Museum, starting at 7 pm at 10899 Wilshire Blvd in Westwood. Free admission, free food, drinks and screenings of the 1986 BMX classic Rad.

The Antelope Valley Conservancy sponsors the 16th Annual Antelope Valley Ride on Saturday, May 7th with rides of 20, 30 and 60 miles; check-in begins at 7 am at George Lane Park, 5520 West Avenue L-8 in Quartz Hill.

L.A.’s 17th annual Bike Week takes place May 16th through the 20th, with an emphasis on bike safety education, and events throughout the city. This year’s Blessing of the Bicycles will take place as part of Bike Week on 8 to 9:30 am on May 17th at Downtown’s Good Samaritan Hospital, 616 S. Witmer Street. And Metro is looking for Bike Buddies to guide inexperienced cyclists on Bike to Work Day; heads-up courtesy of the marathon-training danceralamode.

The San Diego Century ride takes place on Saturday, May 21st with rides of 37, 66 or 103 miles, starting in Encinitas, along with free admission to an expo featuring sports, local cuisine and live music.

L.A.’s favorite fundraiser ride rolls on June with the 11th Annual River Ride; advance registrationis open now. Volunteers are needed now and on the day of the ride, email RRvolunteer@la-bike.org for more info and to sign up.

And mark your calendar for the 2011 L.A. edition of the Tour de Fat on October 9th; unfortunately, Yom Kippur also falls on that date this year, so cyclists of the Jewish Persuasion will have to choose between atoning and having something else to atone for.

.………

The American Prospect says L.A. could be the next great cycling city, while the city breaks ground on the new West Valley River Bike Path, though not everyone approves. The city finally fixes 4th Street’s infamous Hudson River, yet leaves the pavement looking like a war zone. For anyone who struggled to finish a century, try riding 256 miles in a single day. The City of Covina wants your opinion for its new bike plan; the South Bay is working on a bike plan of its own to connect seven local cities. Long Beach continues to outpace the rest of us, with construction starting on a 3rd Street road diet. Find a bike safety class near you.

The Feds are already greenlighting innovative bikeway designs based on the new NACTO standards. A look at bike commuter trends in the U.S. The National Bike Summit rides in honor of Gabby Giffords. Bike pins are popular in the halls of Congress, let’s see if that translates into votes on the floor. Oregon Democratic Rep Earl Blumenauer says opposing bike lanes is bad politics; please tell that to the guys on the other side of the aisle. Las Vegas is trying to make access to its new transit center bike friendlier; if they really want to make Vegas bike friendly, try turning down the daytime temperatures and taming the traffic a little. Portland cyclists actually get little street icons to show where to trigger a traffic signal. Nine rules for riding in a paceline. Rhode Island considers a vulnerable road user law. NY Post gossip columnist Cindy Adams calls NYDOT Commissioner Janette Sadik-Khan “that transportation insect;” hmmmm, I wonder which of those two is actually making the city a better place to live? Hint: it ain’t the gossip maven.

Developing better aerodynamics on the cheap. After suffering serious injuries in his first bike race, a cyclist sues for $20 million. Once, bike tunnels were built before car tunnels; now they’re nearly forgotten. The Beeb takes a beautiful look at the beauty of the bicycle. London Cyclist once again ranks the top 50 bike blogs, and once again, I’m not on it. Take part in a 115 mile pre-Olympic ride around London this September. Four months in jail for a drunken bike theft and crash while fleeing the police. A Dublin bike counting system can count bikes on the bike path, but not the road next to it. Relatives of a British cycling victim get the support of over half the members of the European Parliament to improve bike safety. Bike shops do big business as people look for alternative transportation after Friday’s earthquake, while the fancy automated bike parking facilities don’t work. Cyclelicious explains what we’re seeing on the news from Japan — and why he’s concerned about it.

Finally, writing for City Watch, a university professor professes a knowledge of economics while demonstrating an auto-centric misunderstanding of street planning, claiming that Angelenos who want more bike lanes need a reality check.

Funny, you’d think an Econ professor would understand that traffic is not a zero sum equation. On the other hand, Zev seems to get it.

And boy, do I know this feeling.

Category: Advocacy & Politics, Car vs Bike, Guest Columns, Legal Cases, Streets and Infrastructure / Tags: , , , , , , ,

Groundbreaking L.A. cyclist anti-harassment law nears final approval

February 18, 2011 / / 5 comments

A first-of-its-kind new anti-harassment law could prove as inspiring as City Hall itself.

In the end it was a false alarm.

For a brief period Thursday afternoon, there was a flurry of online activity suggesting that the groundbreaking new Bicycle Anti-Harassment Ordinance had unexpectedly become law.

It hadn’t.

Instead, it was something almost as big, but not quite as final.

I first heard that this law was in the works when I appeared with LADOT Sr. Bike Coordinator Michelle Mowery on Larry Mantle’s AirTalk program on KPCC back in November ’09. She told me confidentially that she had been working quietly behind the scenes with members of 11th District Councilmember Bill Rosendahl’s staff to develop additional legal protection for the city’s cyclists, though in a far different form from what we see today.

So give credit where it’s due. Because this wouldn’t be happening at all if she hadn’t been pushing for it.

Yesterday was that the City Attorney’s office officially unveiled the final draft of the ordinance. The confusion came from the inclusion of Council Rule #38 in the City Attorney’s letter accompanying the draft, which said that because it didn’t require enforcement by an city officer, board or commission, it didn’t require review by “any such City officer or entity.”

To those of us who lack a legal background and aren’t grounded in the minutiae of city regulations, that sounded like it might not need further approval by the City Council to become law.

It does.

Fortunately, after a mad flurry of emails, texts and tweets Thursday afternoon, City Council President Eric Garcetti and his staff helped us unravel what had really happened, and what the next steps will be.

It turns out that Rule #38 simply means that the ordinance doesn’t need to be reviewed by any other city department, such as LADOT or the police department. Instead, it will go straight to the Transportation Committee for review, leading up to a hearing before the full Council; if they approve it, it goes to the Mayor for his signature.

And assuming Mayor Villaraigosa signs off, it will then become law, most likely 30 days after signing unless otherwise noted. L.A. cyclists will then be protected by this innovative ordinance — as near as I can find, it’s the first of its kind anywhere that makes the harassment of cyclists a civil, rather criminal, violation.

Which means that you’ll be able to take drivers — or anyone else — who threatens your safety or refuse to recognize your right to the road to court yourself, rather than relying on the police to determine if a crime has been committed, and the District Attorney or City Attorney to file charges.

And because your case will be heard in civil court, it requires a lower burden of proof; just a majority of jurors will have to agree instead of the unanimous verdict required in criminal cases.

It also doesn’t preclude criminal charges, so you can pursue your own case against someone who threatens you without jeopardizing any possible criminal case.

Of course, it won’t work miracles.

While it sets a new standard for other cities and states to follow in ensuring cyclists a safe place on the road, you’ll still need to prove your case. As all too many of us have learned the hard way, it’s not easy to get the license number of a driver who just ran you off the road. And you’ll still need to gather evidence and witnesses so it’s not just your word against theirs.

But with a potential judgment of triple your actual damages or $1,000, whichever is higher, plus any punitive damages the court may impose, it should act as a significant deterrent to hot headed motorists.

In addition, the provision for attorney’s fees should make it much easier to find a lawyer who’ll take your case despite the relatively small potential judgment. Which means that whatever money you receive as a result will go to you instead of your attorney — something I learned about the hard way when the small settlement I received in a road rage case was eaten up by attorney’s fees; in fact, I would have owed him if he hadn’t written off the excess.

So it should be an effective tool to fight back against things like this that occur countless times every day in every part of the city. And it should also serve as a model for other area cities, since harassment and threatening behavior is hardly confined within L.A.’s borders.

We still have some significant hurdles to jump before this becomes law, though. While the drafting of the ordinance enjoyed unanimous support from the council, we haven’t heard from the motoring public, who may not yet be aware this law is being considered.

But now we finally have an actual draft in our hands.

It was a just over a year ago that Council President Eric Garcetti offered me his personal assurance that he would stay on top of the proposed ordinance and keep it moving forward. Yesterday he reacted to the release of the draft by saying “This is a long-overdue recognition that our streets are shared and bicyclists deserve to be free from fear on our streets.”

It looks like he’s kept his word.

As has Rosendahl, who has been driving — or perhaps, pedaling — this ordinance since the very beginning, famously declaring that “The culture of the car is going to end now!”

There are other people to thank, of course — not in the least of whom is Deputy City Attorney Judith Reel, who had the brilliant idea of treating harassment as a civil violation.

But let’s save that until we’ve actually crossed the finish line.

Because we still have some work to do in the meantime.

Learn more about the Anti-Harassment Ordinance in Chris Kidd’s excellent step-by-step analysis at LADOT Bike Blog. And I’ll give you as much advance notice of any hearing as possible.

.………

Here’s the full draft of the proposed ordinance:

ORDINANCE NO. _________

An ordinance adding Article 5.10 to Chapter IV of the Los Angeles Municipal Code to prohibit harassment of bicyclists because of their status as bicyclists.

THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:

Section 1. Article 5.10 is added to Chapter IV of the Los Angeles Municipal Code to read as follows:

ARTICLE 5.10

PROHIBITION AGAINST HARASSMENT OF BICYCLISTS

SEC. 45.96.00. FINDINGS AND PURPOSE.

After public hearings and receipt of testimony, the City Council finds and declares:

That the City of Los Angeles wants to encourage people to ride bicycles rather than drive motor vehicles in order to lessen traffic congestion and improve air quality;

That harassment of bicyclists on the basis of their status as bicyclists exists in the City of Los Angeles;

That existing criminal and civil laws do not effectively prevent the unlawful harassment of bicyclists because of their status as bicyclists;

That riding a bicycle on City streets poses hazards to bicyclists, and that these hazards are amplified by the actions of persons who deliberately harass and endanger bicyclists because of their status as bicyclists; and

That because people have a right to ride a bicycle in the City of Los Angles and should be able to do so safely on City streets, it is against the public policy of the City of Los Angeles to harass a bicyclist upon the basis of the person’s status as a bicyclist.

SEC. 45.96.01. DEFINITIONS.

The following words and phrases, whenever used in this Article, shall be construed as defined in this Section. Words and phrases not defined herein shall be construed as defined in Section 12.03 of this Code, if defined therein.

A. Bicycle. A device upon which any person may ride, propelled exclusively by human power through a belt, chain or gears, and having one or more wheels.

B. Bicyclist. A person riding a bicycle.

SEC. 45.96.02. PROHIBITED ACTIVITIES.

A person shall not do or attempt to do any of the following:

A. Physically assault or attempt to physically assault a Bicyclist because, in whole or in part, of the Bicyclist’s status as a Bicyclist.

B. Threaten to physically injure a Bicyclist because, in whole or in part, of the Bicyclist’s status as a Bicyclist.

C. Intentionally injure, attempt to injure, or threaten to physically injure, either by words, vehicle, or other object, a Bicyclist because, in whole or in part, of the Bicyclist’s status as a Bicyclist.

D. Intentionally distract or attempt to distract a Bicyclist because, in whole or in part, of the Bicyclist’s status as a Bicyclist.

SEC. 45.96.03. REMEDIES.

A. Any aggrieved person may enforce the provisions of this Article by means of a civil lawsuit.

B. Any person who violates the provisions of this Article shall be liable for actual damages with regard to each and every such violation, and such additional amount as may be determined by a jury, or a court sitting without a jury, up to three times the amount of actual damages, or $1,000, whichever is greater, as well as reasonable attorneys’ fees and costs of litigation. In addition, a jury or a court may award punitive damages where warranted.

C. Notwithstanding Section 11.00(m) of this Code, violations of any of the provisions of this Article shall not constitute a misdemeanor or infraction, except where such actions, independently of this Article, constitute a misdemeanor or infraction.

D. The remedies provided by the provisions of this Article are in addition to all other remedies provided by law, and nothing in this Article shall preclude any aggrieved person from pursuing any other remedy provided by law.

Sec. 2. Severability. If any provision of this ordinance is found to be unconstitutional or othervvise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this ordinance, which can be implemented without the invalid provisions, and to this end, the provisions of this ordinance are declared to be severable.

Sec. 3. The City Clerk shall certify to the passage of this ordinance and have it published in accordance with Council policy, either in a daily newspaper circulated in the City of Los Angeles or by posting for ten days in three public places in the City of Los Angeles: one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall; one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall East; and one copy on the bulletin board located at the Temple Street entrance to the Los Angeles County Hall of Records.

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

Bike plan moves forward, police crackdown in OC, Box and bikes profiled in LA Weekly

February 10, 2011 / / 3 comments

First the big news, as the joint Transportation and Planning and Land Use Management votes to move forward with the draft bike plan, with a five year plan for implementation.

While that’s great news for city cyclists, it also means no for now to the proposed South Venice Beach bike path extension.

The debate was dominated by discussion over whether to allow bikes on city trails currently used by hikers and equestrians — something that safely occurs around the world, yet according to the local horse crowd, would lead to inevitable disaster here in L.A.

While there’s an obvious need for people to use trails safely and courteously, and observe the rights of other users, public parks and trails belong to everyone and shouldn’t be set aside for any single group. Or exclude any single group of users.

The committee voted to have the Planning Department negotiate language between both types of riders; however, anything that doesn’t find a way to accommodate all users would be a failure.

Meanwhile, the plan will now go to the full committee for final approval before going to the Mayor for his signature; all indications are Villaraigosa will sign off on the plan.

You can still follow yesterday’s live coverage of the meeting from L.A. Streetsblog, LACBC and Christopher Kidd of LADOT Bike Blog by clicking here.

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New York cyclists have been justifiably up in arms the last few weeks over the NYPD’s efforts to crack down on lawbreaking cyclists, while ignoring more dangerous violations by drivers.

Now a similar move is underway here as the Newport Beach, Huntington Beach, Laguna Beach and Costa Mesa police departments are banding together to conduct a “specialized Bicycle Safety Enforcement Operation” on the 19th and 24th of this month.

Despite the title, the press release promises officers will address traffic violations by cyclists and other vehicle operators that could “lead to bicycle vs. vehicle collisions, injuries and fatalities.”

The goal of the program is to educate the public about the safe and lawful use of bicycles, as well as the safe and lawful use of vehicles that share the roadway with bicycles. Prevention is a key component of the program, which centers on the traffic laws that can prevent bicycle riders from becoming injured to killed due to illegal use or reckless behavior by bicyclists and vehicles. In addition, the Police Departments involved may be required to enforce obvious violations to the City’s Municipal Code to maintain safe operations.

I don’t have any problem with enforcing traffic violations by cyclists; frankly, I’ve seen some cyclists who should be ticketed, if not thrown into leg irons. However, I would expect — and all cyclists have every right to expect — that unlike the situation in New York, the crackdown will address violations by drivers as well as cyclists.

And it should take into account which violators pose the greater risk to others.

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Neon Tommy Editor-at-Large Hillel Aron offers an in-depth profile of CD4 City Council Candidate Stephen Box and the history of L.A. bike activism in this week’s L.A. Weekly.

As the article notes, it’s almost impossible to unseat a sitting council member in L.A.; even the most unpopular usually cruise to victory over seemingly more worthy opponents once special interest money starts pouring in. Despite that, there’s a growing sense that Box may have a real shot at forcing incumbent Tom LaBonge into a runoff next month.

LaBonge has long supported cycling, though not always in the way cyclists would prefer; if he were smart, he’d move to strengthen his support of bicycling to undercut Box’s strongest base of support. Instead, he seems to be focused on shoring up support from the anti-bike crowd, as many cyclists see him, rightly or wrongly, as an obstacle in the way of many bicycling issues.

And it’s hard to take the other candidate in the race, Tomas O’Grady, seriously when he ignores questions from the city’s leading newspaper.

You have your own chance to evaluate the candidates tonight when the Silver Lake Neighborhood Council hosts a candidate’s forum at Silver Lake Community Church, 2930 Hyperion Ave. Or you can meet Stephen Box at an open house from 2 to 4 pm this Sunday at 3311 Lowry Road in Los Angeles.

Box has also received an endorsement from MobileFoodNews; not to surprising since LaBonge has been seen as an opponent of L.A.’s popular food trucks.

One other note — the writer of the Weekly article gave me every opportunity to attack other bicycle advocates and advocacy groups; I chose not to do that. It’s my firm belief than anyone working to support cycling in Los Angles deserves my support and gratitude, whether or not I happen agree with them. I’m saddened that not everyone feels the same way.

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If you’re looking for a good ride this weekend, consider the Tour de Palm Springs, with rides ranging from 5 to 100 miles. A little further down the road, the Santa Clarita Century rolls on April 2nd offering a full century, half century, 25-mile and family rides.

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CicLAvia has received a $25,000 grant from the California Endowment. Meanwhile, GOOD is throwing a fundraising party to benefit CicLAvia on Saturday, March 5th; tickets range from $20 to $500.

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The newly unveiled draft plans for South Figueroa range from good to wow, though Josef Bray-Ali says they could use some polishing; then again, there are more important things than signing in for a meeting. L.A. will soon get its first bike corral in Highland Park. Rick Risemberg, who appears to be everywhere these days, writes about taking part in last weekend’s LA Brewery Ride with Flying Pigeon. Cool Claremont bike racks. Long Beach replaces a mandatory bike licensing law with voluntary registration through the National Bike Registry.

A popular retired Bakersfield educator died of a heart attack while riding with friends. A three-year old Visalia girl is killed when she’s backed over by a neighbor’s pickup while riding on the sidewalk. San Francisco police have refused to take reports or issue citations for collisions involving cyclists unless an ambulance is called; so not matter what a driver does, if they don’t seriously injure a rider, they walk. Shameful. Matt Ruscigno rides from San Louis Obispo to L.A. in a single day — while sick. This year’s Amgen Tour of California won’t tour California exclusively.

J. Edgar Hoover on a bike, sort of. It’s not the same as an Idaho Stop Law, but Oregon considers lowering the fines for cyclists who roll through stop signs. Somehow I missed this; Dr. Matthew Burke, the orthopedic surgeon, U.S. Army Major and Iraq war vet critically injured by aggressive driver while on a group ride last October, passed away over the weekend after 4 months in a coma; the driver is charged with reckless homicide.

Yet another London cyclist is killed by a large truck, this time a 28-year old art curator. More bikes than cars expected to cross London’s bridges during morning rush hour in 2011. Irish physicians urge the passage of a mandatory helmet law, even though you’re over six times more likely to die walking on the sidewalk. Europe already has the kind of airport bike lanes John McCain wants to kill. Looks like rising star Taylor Phinney will compete in the Tour of Oman after all. South African cyclist Michael Dean Pepper is banned for three years for a failed drug test; sometimes I think we should just ban everyone for two years and start over.

Well, that’s one more problem we don’t face in L.A. — a South African cyclist survives after using his bike to fight off a leopard attack; evidence suggests that the animal had just escaped from a snare and was fighting for its life, as well.

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