Police Reports: The Good, The Bad, and The Ugly

January 28, 2014 / / 2 comments

Today marks the beginning of the new sponsor-supported BikinginLA.

In addition to advertising on this site, our first sponsor, Jim Pocrass of the law firm Pocrass & De Los Reyes, has agreed to write a semi-regular Wednesday column on the legal rights of bicyclists.

After talking bike law with him on several occasions, I can assure you he knows his stuff. In fact, the column below matches my own experience, when a bad police report resulted in the insurance company rejecting my claim when I was injured by a road raging driver.

So I hope you’ll join me in welcoming Jim to BikinginLA. And take his advice to heart — if it could happen to me, it could happen to anyone.

………

Jim Pocrass, Pocrass & De Los Reyes LLP

Jim Pocrass, Pocrass & De Los Reyes LLPBy James L. Pocrass, Esq.

Bikes Have Rights™
By James L. Pocrass, Esq.
Pocrass & De Los Reyes LLP 
 
I recently took a Malibu bike accident case in which the driver of a motor vehicle made a left turn into the cyclist. The accident happened at dusk; it was not dark out yet. The police report states that the cyclist was cited for “unsafe speed conditions” because he was wearing all black.

Police blaming the cyclist for the accident is not unusual. I don’t think I have ever had a bike accident case – and I have represented hundreds of cyclists – in which the police report did not blame the bicyclist. Nevertheless, it is important that you file a police report if you are in a bike accident.

Though police officers are often biased against cyclists, they usually get the facts of an accident correct. Such details of the accident:  the time, place, weather, what direction each participant was going and where they were located when the accident happened, contact information for witnesses, confirmation of insurance, and any physical evidence at the scene, is usually recorded correctly.

It is the police officer’s conclusion that is typically wrong. Though I would much rather police officers would lose their cyclist bias, filing a police report is still beneficial to your legal case and to your insurance claim because it sets out in writing the basic facts.

Police reports with tainted conclusions may make the handling of your case or insurance claim more difficult, but the police report and the opinions and conclusions of the police officer are not admissible in court. They are all considered hearsay.

The problem comes in when the insurance company reads the police report and accepts the officer’s conclusions. They may refuse to settle your case or offer you much less compensation than which you are entitled. The result is that we have to file a lawsuit, gather evidence, and take the police officer’s deposition to prove the officer was wrong. Frequently it is during or after the deposition stage that the insurance company will offer to settle the case to avoid going to court.

So if you are in a bike collision, file a police report. In quite a few cities – including the City of Los Angeles – if you say you are not injured (and you should NEVER comment on injuries or guilt), a police officer will not come to the scene. In that situation, you need to go to the police station at your earliest opportunity (even sooner than that), and file a police report. Get the facts on the record.

Remember, filing a police report does not mean you have to file a legal case. It can assist you in collecting compensation for damages you incurred in the bike collision and, should you decide to take legal action later, it will be an important tool to give your bike accident lawyer as he is pursuing your case.

*California Vehicle Code 21200: A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle. . .

………

For more than 25 years, Jim Pocrass has represented people who were seriously injured, or families who lost a loved one in a wrongful death, due to the carelessness or negligence of another. Jim is repeatedly named to Best Lawyers in America and to Southern California Super Lawyers lists for the outstanding results he consistently achieves for his clients. Having represented hundreds of cyclists during his career, and Jim’s own interest in cycling, have resulted in him becoming a bicycle advocate. He is a board member of the Los Angeles County Bicycle Coalition.  For a free, no-obligation consultation, contact Jim Pocrass at 310.550.9050 or at info@pocrass.com.
Category: Bikes & the Law, Bikes Have Rights, Guest Columns /

Help a badly wounded rider get back on his feet, BAC Bikeways subcommittee minutes, and ride with Greg Laemmle

January 28, 2014 / / 3 comments

There’s no shortage of good causes these days, especially when it comes to bicycling.

But this one really deserves your attention.

On November 27th of last year, David Enright was riding his bike to pick up a U-Haul to start a new life in Seattle with his fiancé.

That’s when his life nearly ended.

As he crossed the intersection of Eagle Rock Blvd and Avenue 36 around 10:50 am, a car ran the red light and hit him from the side. Enright suffered a broken left forearm, right elbow and clavicle, as well as seven factures to his pelvis; he credits his helmet for sparing him from head injuries.

Do I really need to add that the driver was unlicensed and had no insurance?

Enright spent the past two months confined to a hospital bed, unable to move. Two weeks ago, he was finally released, though confined to a wheelchair, and immediately began the long and painful road to rehabilitation.

Friends say he has the strength, in both mind and body, to make it all the way back. On the other hand, that new life he was starting hasn’t exactly gone the way he planned.

In addition to crushing medical costs, he’s looking at a full year of lost wages and legal fees, as well as unexpected housing and storage costs.

And that’s where you come in.

A fundraising page has been established in his name. Donate just $40, and you’ll receive entry and drink tickets to a fundraising party at The Record Parlour in Hollywood on Sunday, February 9th.

One week later, a fundraising ride will roll from Intelligentsia Coffee Bar in Pasadena to the flagship Inteligensia in Silverlake, passing through historical landscapes, quiet ravines, bustling neighborhoods, and around the breathtaking Silverlake Reservoir. Suggested sponsorship is $200, however, sponsorship is not mandatory.

All proceeds go to help Enright’s long road to recovery.

Like I said, it’s a good cause.

……….

It’s also hard to keep up with all the important bike meetings in and around the City of Angels these days.

One of the most important is the work being done by the city’s Bicycle Advisory Committee, particularly the Bikeways Subcommittee.

That’s why I’m pleased to share the minutes of their most recent meeting:

Bicycle Advisory Committee of the City of Los Angeles
Bikeways Subcommittee
MINUTES
Sunland Room, LADOT, 100 Main St., Los Angeles CA
Wednesday, Jan. 8, 2014, 1-3 PM

1. Call to Order

2. Introduction of Subcommittee members and City staff

In attendance: Jeff Jaccobberger (BAC Chair), Herbie Huff (BAC Bikeways Subcom Chair), Jonathan Weiss (BAC Advocacy and Education Subcom Chair), Michelle Mowery, Nate Baird (LADOT Bicycle Outreach and Planning), Tim Fremeaux, Paul Meshkin, Carlos Rodriguez (LADOT Bikeways Engineering), David Somers (LADCP), Dennis Hindman (public)

3. Current bike lane designs for review

a. 48th St: Crenshaw Blvd to Normandie Ave

This is an HSIP project being led by Carlos Rios. It’s a road diet with a new signal at 11th. Design work will be completed in February.  

b. Lakme Ave: M St to G St

b, d, e, g, are all in a package in Wilmington. Most of these are ‘drop-in’ bike lanes that don’t require lane removal. Some of these projects are adding a center-turn lane. Most of these neighborhoods are residential, and some are mixed light industrial. Bike lanes have had a lot of support and success in this working-class community, and the department is looking forward to seeing the results of implementing a network of bike lanes here.

c. Loyola Blvd: Westchester Pkwy to Lincoln Blvd

This is a small section. Someone asked about a portion of an existing bike lane here, where current department practice would dictate the addition of painted buffers to the bike lane, but there are no such buffers. Tim Fremeaux noted that historical bike lanes are updated opportunistically with repaving.

d. McDonald Ave: Denni St to C St

e. Denni St: Fries Ave. to Banning Blvd.

f. San Vicente Blvd: Beverly Blvd. to Burton Wy. (E/B) Wilshire Blvd. (W/B)

Design of this bike lane discussed at a previous Bikeways Subcom meeting. The reason for the varying extents is that the E/B side is in the City of Beverly Hills. Tim has verified that Beverly Hills has the right-of-way to implement a bike lane. LADOT has shared the plans with the City of Beverly Hills.

g. St: Wilmington Blvd. to Watson Ave.

h. Valley Vista Blvd: Woodvale Rd. to Sherman Oaks Ave

i. San Vicente Blvd: Redondo Blvd. to La Brea Ave.

This is a short addition on a repaved segment, to add to bike lanes the department recently painted on the lower section of San Vicente.

4. Exposition Neighborhood Greenway

Because of the adjacent City park planned as a part of the Westwood Neighborhood Greenway, BAC member Jonathan Weiss wanted to determine the precise location of the Expo Bike Path between Westwood and Overland. Project lead Carlos Rodriguez explained that the bike path will be basically adjacent to the Metro ROW and the train tracks, running along the soundwall (with a 5’ landscaping buffer) and minimizing the disruption to the park. There will be a parallel pedestrian path on the park side of the bikeway which will act as an access route to the park.

5. Cesar Chavez: Mission to Sunset

The department is planning to add a bike facility here. This will be a difficult project, for which there is no off-the-shelf design. Some of it will be a continuation of the bus lanes on Sunset Blvd. Hill to Mission is the difficult section. The intersection at Vignes will be especially tricky because this is the location with the most bus boardings in the City, even more than in Patsaouras Plaza. The eastbound bus stop on Chavez at Vignes sees over 100 buses an hour. Tim shared a preliminary idea which is to add bike lanes on the bridge with turn lane removal. Jonathan Weiss recommended barriers in the tunnel similar to the ones that were recently implemented on 2nd St.

6. Wayfinding sign project – opportunity for input on sign placement

LADOT will release a public version of the location of the signs soon via the bike blog. BAC members should look for any errors and do basic fact-checking in their districts.

7. 20 mile sharrow package – discussion and opportunity for input

LADOT shared a draft sharrow package. BAC members felt all the streets were well chosen. Herbie will give Gregg Spotts from BSS a call about the fact that 4th St. sharrows need to be replaced after being slurried over. The request would be that if streets to be slurried can be known in advance, LADOT can wait until they are slurried before laying down the sharrows.

8. Approval of next meeting date: Weds, 3/19/2014

Please note that meetings will be on the 3rd Wednesday rather than the 1st Wednesday from now on.

9. General Public Comment

A few other notes:

DCP is looking to create a data unit in response to the Mayor’s emphasis on metrics.

DOT bikeways staffing is an issue. The department has requested an additional position in Bikeways Outreach and Planning this year’s city budget. BAC members and advocates should follow the budget to see if this is granted by the Mayor’s office.

10. Adjourn

……….

More on Francisco Alvarez, the 78-year old Glendora rider who died after he was hit by a car last week; the devoted grandfather was a popular Spanish Language poet with over 3,600 sonnets and other poems.

……….

LACBC board member Greg Laemmle is once again leading the bike coalition’s entry for the annual Climate Ride. Tell them why you want to ride with Greg, and you could win free entry to the ride, $2500 towards your fundraising commitment, and an Unlimited Laemmle Movie Pass for the remainder of this year.

……….

A new LA bike commuter is born. The Eastsider says it’s time to take traffic safety seriously in Northeast LA; actually, it’s long past time to take it seriously everywhere. Broadway traffic lanes will be reduced from six to three in order to improve livability in the heart of Downtown. Valley Councilmember Bob Blumenfield leads a successful community ride in his district; hopefully this will inspire other councilmembers to lead rides in their own districts. Streetsblog adds more details to the story of hit-and-run victim Damian Kevitt’s Finish the Ride event on April 27th; they also say Mayor Eric Garcetti’s support of the city’s application for the Green Lane Project means he now has skin in the game for My Figueroa. The People St. parklet program goes citywide this week.

Ghost bikes are multiplying in the Inland Empire. Sixteen-year old San Diego bike rider injured when he’s hit by a 76-year old driver. Police ask for help tracking down the driver who ran down a Santee cyclist last week; fortunately, the rider was not seriously injured, though his bike looks badly mangled. The Santa Barbara Bicycle Coalition launches a Youth Bicycle Fleet. Sacramento bartender faces DUI and vehicular manslaughter charges for killing a cyclist last April. Sounds like authorities are taking this one seriously for a change, as an El Dorado County driver is booked on $1 million bail after disappearing on a warrant for the suspected DUI death of a cyclist last year.

A blogger falls in love with bicycling. Scary collision as a resting Seattle cyclist is slightly injured after being knocked off an overpass. For the first time I can recall, a bicycle is part of the traditional mayors’ Super Bowl bet. A Tucson filmmaker says it’s time to let women ride in the Tour de France; past time, if you ask me. Clearly, hit-and-run is not just an LA problem, as police seek the motorist who killed a cyclist near my hometown. Bicycle tourism is starting to have an effect on businesses’ bottom lines in Montana. San Antonio artists create breathtaking underpass chandeliers from bike parts. Chicago merchants are discovering bike lanes are good for business. Northwestern University students develop a smart bike to help prevent collisions.

The Times of London absurdly claims bike riders pose as much risk to pedestrians as motorists do; yeah, that’s one way of looking at it. Indian MAMILS put pedal to the metal. The bike racing season is off and running as Aussie Simon Gerrans wins the Tour Down Under.

Finally, this is why you don’t want to tempt fate: minutes after pointing out to a riding companion where he’d want his ashes scattered, a UK rider is killed in a solo fall. And a writer for Outside magazine says it’s time to fight back — metaphorically, if not literally — against jerks who attack cyclists.

Category: Advocacy & Politics, Bicycle Safety, Injuries and Fatalities, Streets and Infrastructure / Tags: , , , , , ,

Lots of news — SaMo Blvd bike lanes, CicLAvia 2014, misguided SaMo Op-Ed piece, possible Olin charges

January 27, 2014 / / 2 comments
Sold out auditorium for the recent Southern California Cycling Summit; see below.

Sold out auditorium for the recent Southern California Cycling Summit; see below.

Let’s catch up on some of the recent news.

……….

First up, Westside riders owe a big thanks to Mark Elliott of Better Bike.

Elliot has led the fight — almost single-handedly at times — to improve safety and ridability in the traditionally bike-unfriendly Biking Black Hole of Beverly Hills.

A comparison to a lone salmon swimming upstream would be putting it mildly; the mythical Sisyphus would be more apt.

Yet somehow Elliot persevered, resulting in a 1-year “pilot program” to install bike lanes on Burton Way, and bike lanes and sharrows on North Crescent Drive. While I’ve never had cause to ride Crescent, the Burton Way bike lanes have become my favored eastbound route out of the city — when I’m willing to risk my life riding through Downtown Beverly Hills to get there.

For the past year or more, Elliot has led the fight to include bike lanes on a reconstructed Santa Monica Blvd when it goes under the knife in 2015, providing a vital missing link between existing lanes in West Hollywood and Century City.

Despite overwhelming odds and the opposition of the city’s paid consultant and members of the Blue-Ribbon Committee established to study the issue, his efforts have once again carried the day, winning approval by a 9-2 vote of the committee.

Then again, the fight isn’t over yet.

The committee’s recommendation now goes to the Beverly Hills City Council for approval next month, on a date to be determined. Hopefully, we’ll get enough advance notice of the meeting to show up and voice our support.

But for the first time, it looks like we might actually get a near-continuous Santa Monica bike lane stretching from the 405 in West LA to east of La Cienga in WeHo. And we have him to thank for it.

Of course, there still are problems to be solved.

……….

Next up is the newly announced CicLAvia schedule for 2014.

This year offers three of the exceptionally popular Open Streets events, minus last year’s overly crowded CicLAvia to the Sea and the long-rumored San Fernando Valley CicLAvia. Both are promised for next year, though the former may see a reconfigured route to overcome some of the problems that resulted in near-impassible blocks of bike-congestion on Venice Blvd.

Yet even with just three events on the calendar, it looks like a strong line-up.

The Iconic Wilshire Boulevard route returns on Sunday, April 6th, once again following LA’s main street from Downtown to the Miracle Mile — although Mark Elliot has hinted that Beverly Hills might like to get in on the action. The route visits some of the city’s finest architecture and historical sites, as called out in this guide from the Militant Angeleno.

CicLAvia takes the summer off — perhaps because that Valley route fell through? — before returning with a reconfigured Heart of LA route through the Downtown area on October 5th. This year’s route extends from Echo Park to East LA, as well as traveling the length of Broadway from 9th to Chinatown, with a stop at the relatively new Grand Park.

Finally, the first holiday season CicLAvia will take place on December 7th, with its first full foray into South LA. The route will range from Leimert Park, the cultural center of the Southside, to Central Avenue, the birthplace of West Coast Jazz and home of the legendary Dunbar Hotel. Can’t wait to read the Militant’s guide to this one.

Of course, the question is, does any of this really matter?

And the answer is, of course it does. In ways that many of us, myself included, may not have realized.

LA Times architecture critic Christopher Hawthorne has written what may be the best and most insightful analysis of what CicLAvia is and can be. And the role it plays in transforming our city for the better.

It’s a must read.

Just don’t read the comments.

……….

On the opposite side of the coin, there’s this misguided Times opinion piece from a long-time resident of Santa Monica, who blames bikes and urban planning for all the traffic problems in the city.

In it, he laments the young urbanites who have invaded his city, while simultaneously proclaiming that the majority of the city’s 92,000 residents can’t ride bikes and live too far to walk to the city’s newly hip urban core.

So wait.

Despite the influx of moneyed young people, most city residents are too out of shape — or maybe just too lazy — to get on a bicycle? They can’t be too old, given the number of riders I know in their 70s, 80s and even 90s who somehow manage to ride on a regular basis.

And if no one can ride, where do all those casual bike riders come from?

As someone who used to work in the city over decade ago, I can testify that Santa Monica’s traffic problems existed years before more than a handful of bike lanes appeared on the street. It frequently took me over an hour to drive the 6.5 miles from my beachside office to my apartment just 6.5 miles to the east — and not because of any bikes on the streets.

And don’t even get me started on virtually impassible Lincoln Blvd, which has long been avoided by bicyclists — despite being a designated bike route — because of the heavy automotive traffic.

Then he complains about bicyclists who position themselves in traffic — “because they can!” — moments after complaining about the bike lanes that move riders safely out of the way.

For someone who claims to have lived in Santa Monica for nearly three decades, he doesn’t seem to understand the city very well.

Or urban planning, for that matter.

Or bicycling, at all.

……….

The investigation into the December 8th death of cyclist, entertainment lawyer and former Napster exec Milt Olin is nearly complete. According to the LA Times, the case will be presented to the District Attorney to determine whether charges will be filed.

The Daily News reports the Sheriff’s Deputy who killed Olin when his patrol car somehow drifted into the bike lane on Mulholland Hwy could face a charge of vehicular manslaughter, or possibly even felony manslaughter.

“Could” being the key word.

It’s also possible, if not probable, that the DA will decline to file charges based on the evidence presented by the Sheriff’s investigators. And no word on whether charges will be filed against the department if it’s found that the deputy was following policy by using the onboard computer in his patrol car while driving, as some have suggested.

And while the department has gone out of its way to stress the independence of the investigation and deny any special treatment, they have guaranteed that the results will be second guessed — no matter what they conclude — by investigating a death involving their own deputy, rather than turning it over to an outside agency such as the CHP.

……….

The Metro Board approved a motion calling on the transit agency to look into a countywide bike share program (Item 58).

While there’s no guarantee such a program will actually be approved, it could provide deep pockets to back the system, while avoiding the Balkanization caused by competing and possibly incompatible programs in various cities.

………

(L-R) Anthony Reguero, President PTE Events, Chris Carmichael, author Time-Crunched Cyclist, Rahsaan Bahati, President Bahati Foundation and Michael Bell, Oakley.

(L-R) Anthony Reguero, President PTE Events, Chris Carmichael, author Time-Crunched Cyclist, Rahsaan Bahati, President Bahati Foundation and Michael Bell, Oakley.

I received a press release this past weekend from the Bahati Foundation about the SoCal Cycling Summit 2014, held at Oakley Headquarters in Foothill Ranch, CA.

Unfortunately, I found out about it long after the January 14th event was over.

I say unfortunately because I’m a big fan of the efforts of the foundation, founded by former National Criterium champ Rahsaan Bahati, to bring the joy of bicycling to inner city youths.

And because I would have enjoyed hearing from famed cycling coach Chris Carmichael, author of The Time-Crunched Cyclist.

Summit attendees representing a diversified audience that ran the gamut– Olympic medalists, serious weekend enthusiasts as well as international competitors, filled the 400-seat amphitheater to hear Carmichael discuss his revolutionary time-crunched cyclist technique. “The SoCal Cycling Summit is a wonderful platform for our foundation to share its vision in providing assistance to inner-city youth through cycling,” said Rahsaan Bahati, founder Bahati Foundation.

“Athletes want to stay engaged in the sports they love, but it can be a difficult balance for working parents and career professionals. The time-crunched athlete program is a new approach to endurance training, one that actually takes advantage of a busy athlete’s limited training time. It’s been successful for tens of thousands of athletes, and I look forward to sharing the program with everyone at the SoCal Cycling Summit,” stated Carmichael.

Maybe next year.

………

Things aren’t looking good for long-planned bike lanes on North Figueroa Blvd, which had been approved and ready to implement until new City Councilmember Gil Cedillo appeared to throw a wrench in the works — despite his previous support for the plan.

As a result, the LACBC is calling on bike riders to contact the councilmember to express their support for the lanes, especially if you live or work in the area.

Since the candidate forum we sponsored in 2013, we have seen bike lanes installed on Colorado and the Eagle Rock bike lanes extended to Colorado.  All that is left to complete the backbone network in Northeast LA is N. Figueroa.

The residents of Northeast LA are scratching their heads thinking why haven’t they been installed yet?  After all, they were packaged for last year’s projects alongside Colorado/Eagle Rock.  This is a good opportunity to raise the question and urge Councilman Cedillo to keep his promise and install bike lanes on this very important corridor. Please join us TODAY for a day of action urging Councilmember Cedillo to add bike lanes on N. Figueroa between York and San Fernando!

Call Cedillo’s office and share your thoughts.  Dial his downtown office (213) 473-7001 and let his staffer know why you think bike lanes on N. Figueroa are good for everyone.  Then, email alek@la-bike.org and let me know how it went.  Remember to stay positive!

You can find a sample script here.

………

Finally, the CEO of Ford gets it. Even if certain residents of Santa Monica don’t.

 

Category: Advocacy & Politics, Bike Events, Legal Cases, Streets and Infrastructure / Tags: , , , , , , ,

Another drunken hit-and-run, another bike rider left to die in the street

January 26, 2014 / / 2 comments

We should all be sick of this by now.

Another drunk driver. Another hit-and-run. Another bike rider left to die in a crumpled heap on our streets.

This time, it happened in Oxnard, at 2:09 this morning, when 43-year old Gerald Garcia of Oxnard was riding south with a friend in the bike lane on Rose Avenue, just below Raider’s Way.

A 2000 Volkswagon GTI driven by 29-year old Oxnard resident Policarpio Diaz was traveling in the bike lane and rear-ended Garcia’s bike. Garcia was thrown off, while Diaz fled the scene with the bicycle still trapped beneath his car.

It’s entirely possible the wide bike lane may have looked like a travel lane in the early morning hour. To a drunk, anyway.

Witnesses aided police in locating Diaz’ car — apparently with the bike still trapped underneath — and they took him into custody a short distance away. Diaz was booked into Ventura County Jail on felony counts of DUI, Hit and Run and Vehicular Manslaughter, as well as two outstanding misdemeanor DUI warrants.

That’s right.

Diaz had two outstanding warrants for DUI, yet he was still allowed to remain on the streets to kill another human being.

Tragedies like this will keep happening as long as our legal system refuses to take drunk driving, hit-and-run and other traffic crimes seriously. Garcia is just the latest in a long string of traffic victims, with no end in sight.

And if that doesn’t piss you off, maybe it should.

This is the 11th confirmed bicycling fatality in Southern California this year, and the first in Ventura County. It’s also at least the fifth bicycling fatality in Oxnard in the last 38 months.

My deepest sympathy to Gerald Garcia and all his family and friends.

Thanks to Danny Gamboa and Kelly for the heads-up.

And no thanks to the California DMV and a legal system that continues to value the rights of drunk drivers over the right of the rest of us to simply stay alive.

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

78-year old Glendora bike rider dies after being taken off life support

January 25, 2014 / / 5 comments

One of my policies on this site is not to report a bicycling fatality without some sort of confirmation.

Which means you many never hear about some of the tragedies that pass through my inbox. But I’d rather keep some bad news under wraps than risk injuring friends and family of a reported victim by reporting a story that may not turn out to be true.

So when I received a report on Thursday that a Glendora rider had died of injuries he suffered earlier this week, I reached out to various sources who might be able to verify the facts.

Sadly, that confirmation came today, in a news story from the San Gabriel Valley Tribune.

The paper had reported earlier this week that a 79-year old rider was critically injured in a left cross collision in Glendora on Monday.

He was riding west on Foothill Blvd at Elwood Ave around 2:30 pm Monday when a driver headed in the opposite direction turned across his path, forcing him into the passenger side of the vehicle. He was revived by police officers, who found him with no pulse and not breathing when they arrived.

He was stabilized by LA County firefighters, and taken to the ICU unit at Foothill Presbyterian Hospital.

Then on Thursday, a comment from Trish said he had been disconnected from life support and died on Wednesday.

That 79 yr old cyclist in Glendora was my son-in-law’s father. He cycled every day and then would come home and walk his dog. He was in excellent health and very fit. Sadly, he was removed from life support yesterday, and passed away shortly thereafter. Sure with drivers would look before they make left hand turns….really look, not just for cars!

Today’s story in the Tribune identified the victim as 78-year old Francisco Alvarez of Glendora.

The 86-year old driver who hit him stayed on the scene and cooperated with investigators. While the case is still under investigation, the paper reports no criminal behavior was suspected — despite the obvious failure to observe right of way and make a safe turn, resulting in the death of an innocent person.

Maybe this will go down as just another “oops,” excused by the age and, presumably, declining skills of the driver.

This is the 10th confirmed bicycling fatality in Southern California this year, and the sixth in Los Angeles County.

My deepest prayers and sympathy for Francisco Alvarez and all his family.

Thanks to Trish for the bad news.

 

Category: Bicycle Safety, Injuries and Fatalities / Tags: , , ,

Update: Driver faces charge for August death of Debra Deem in Newport Beach

January 25, 2014 / / 2 comments

Maybe there will be justice for Debra Deem after all.

According to CdM Today, a misdemeanor charge of vehicular manslaughter without gross negligence has been filed against 84-year old Irvine resident Robert James Anderson, the driver who took her life in a Newport Beach collision last August.

The site reports the case was filed last Friday, and he’s expected to be arraigned on February 3rd.

Deem was riding west on East Coast Highway just east of Newport Coast Drive at 4:28 pm on August 28th when she was struck by a white minivan driven by Anderson.

The van as traveling in the same direction as Deem; however, it’s not clear if her bike was struck from behind or if he turned into her. Police merely say Anderson made an unsafe lane change that resulted in the collision.

Several people who ride through the area suggest that the design of the intersection, with a dangerous transition from the shoulder bike lane through the freeway-style interchange, may have contributed to the collision.

Deem was the wife of local cycling legend Paul Deem, a former Olympic cyclist and the owner of the Cycle Werx bike shops in Costa Mesa and San Clemente.

According to the Daily Pilot, the charge carries a maximum sentence of one year in county jail.

To be honest, though, as much as I believe in justice for all cyclists, I’m not sure what good there is in sending an 84-year old man to jail. The real benefit may simply be getting a driver who may be too old to drive safely off the roads.

Then again, that probably should have been done long before the collision that took Debra Deem’s life.

Thanks to Amy Senk and Jeffrey for the heads-up.

Update: More information from the Orange County Register; for a change, the story isn’t locked up behind their paywall. 

The paper reports neither speed or alcohol appeared to be a factor in the collision. In an interview, Anderson says he has only received on traffic citation in his life, oddly, for another improper lane change in 1966.

According to his lawyer, witnesses to the collision said Deem left the bike lane when she was cut off by another driver, placing her bike in the path of Anderson’s van. The lawyer says he never saw her. Or rather, never had a chance to see her.

Reading between the lines, it sounds like prosecutors will argue that if Anderson hadn’t made the illegal lane change, Deem’s bike wouldn’t have been in front of him. Or at the very least, he would have had a chance to see her and react.

Then again, her bike should have been clearly visible in the bike lane before any of this unfolded.

And the tragedy is compounded by the heartbreaking effect it’s had on her husband.

“My initial thought was ‘accidents happen,’ “ he said. “People get in a hurry. I’ve been in a hurry. Fortunately I’ve never killed anybody.”

But he keeps thinking about the unfairness of the situation. He lost his wife and later, he said, his house.

“I’m not quite sure what Mr. Anderson’s losing in this thing,” Deem said. “He doesn’t lose his house. If I sue him for wrongful death, he files for bankruptcy and keeps his house and life goes on. I’ve lost my life. … From a justice standpoint, I’ve lost everything.”

Category: Bikes & the Law, Injuries and Fatalities, Legal Cases / Tags: , , ,

Events: Eastside Tour de Cure kickoff, West Valley Community Ride, memorial ride for fallen cyclist Phil Richards

January 24, 2014 / / Comments Off on Events: Eastside Tour de Cure kickoff, West Valley Community Ride, memorial ride for fallen cyclist Phil Richards

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

Bike Long Beach hosts Bike Saturdays every weekend; ride your bike to participating local shops and business throughout the city to get special offers and discounts.

The Los Angeles Bicycle Advisory Committee, the city’s only official voice for bicyclists, meets on the first Tuesday of every even-numbered month; the next meeting takes place at 7 pm on Tuesday, February 4th at 6501 Fountain Ave.

Saturday, January 25th, Stan’s Bike Shop in Monrovia teams up with the Eastside Bike Club for a 30-mile no-drop bike ride and registration kick-off for April’s Tour de Cure; meet at 7:30 am at 880 Myrtle Ave, rolling at 8 am. And be sure to say hi to shop owner Carlos Morales, one of the city’s most inspiring bike advocates.

City Councilmember Bob Blumenfield hosts a West Valley Community Bike Ride, co-sponsored by the LACBC, on Saturday morning, January 25th, from 9 to 11 am. The ride, which will be escorted by the LAPD, departs from Blumenfield’s office at 19040 Vanowen St in Reseda.

Also on Saturday the 25th, the Inland Empire Biking Alliance hosts a memorial ride for fallen cyclist Phil Richards, who died to weeks after he was injured in a hit-and-run in Calimesa last month. The ride starts at Stell Coffee and Tea, 1580 Barton Road in Redlands. The ride will have a police escort to the Yucaipa city limits, then go on to install a ghost bike before riding on to a memorial in Beaumont.

The My Figueroa project comes before the Planning & Land Use Committee of the LA City Council on Tuesday, January 28th at 2:30 pm at LA City Hall, 200 North Spring Street. Your support could help ensure the city’s first Complete Streets project actually happens.

After you support MyFigueroa at the PLUM Committee on Tuesday, the 28th, stick around Downtown for the year’s first meeting of the LACBC’s Civic Engagement Committee, representing the interest of cyclists in local politics. The meeting takes place from 6:45 pm to 8:30 pm on the Mezzanine level of LACBC headquarters, 634 S. Spring Street in Downtown LA; this months agenda includes finalizing questionnaires for county supervisor and sheriff’s candidates in the May election, as well as encouraging bike riders to run for their LA neighborhood councils.

The Caltech Bike Lab and JPL Bike Club invite you to enjoy beer, barbecue and bicycles at the Annual Caltech Bikes and Barbecue Social from 6 pm to 9 pm on Friday, January 31st outside the Broad Café.

The next Active Streets LA event takes place on Saturday, February 1st from 10 am to 1:30 pm at Vermont Square Library and Park, 1201 W. 48th St. The event will include free raffle, snacks, beverages, family activities, bike safety skills training and community walk.

The LACBC hosts a regular Sunday Funday ride on the first Sunday of every month, free for members and a guest. This month’s edition is a Super Bowl Warm-Up Ride hosted by board member Greg Laemmle. The 20 mile ride will circle from the meeting point at the NoHo Metro Station, 5350 Lankershim Blvd, to Burbank, onto the L.A. River Bike Path, through Griffith Park. Meets at 10 am, rolling by 10:30 am and back by 2 pm, which should give you time to get to your viewing party. As for me, I’ll be rising early for a ritual sacrifice in support of my beloved Broncos.

The annual Tour de Palm Springs takes place on Saturday, February 8th. Up to 30,000 cyclists from throughout the US and around the world will travel through the Coachella Valley on rides of five to 100 miles.

C.I.C.L.E. offers two Learn to Ride for Adults classes on Sunday, February 9th, from 9 to 11 am and 11:30 am to 1:30 pm. Both classes take place in the parking lot of Eagle Rock Plaza, 2700 Colorado Blvd; tickets are $30, need-based fee waivers are available.

Monday, February 10th the Los Feliz Improvement Association presents Law & Order in Los Feliz, a discussion with LA City Attorney Mike Feuer and LAPD Northeast Division Police Captain Jeffery Bert, 6 pm at the Autry Museum, 4700 Western Heritage Way. Considering how the flyer equates homelessness, crime, noise and bicyclists, maybe you might want to attend if you’re in the area.

The movie that got me back into bicycling will screen on Wednesday, February 12th as the Laemmle Theaters show the classic bike movie Breaking Away as a fundraiser for the Los Angeles County Bicycle Coalition’s Operation Firefly to put lights on everyone’s bikes; 7:30 pm at the Laemmle NoHo 7, 5240 Lankershim Blvd in North Hollywood.

Celebrate a belated Valentines Day with Ride for Love: Explore the Changes of Watts, co-sponsored by Metro, C.I.C.L.E. and the East Side Riders. The ride will share love, community, and the joy of bicycling while exploring the history and changes of Watts; meet at 9:30 am at 10950 S. Central Ave.

The first Los Angeles Bicycle Commuter Festival and Summit takes place on Sunday, February 16th from noon to 8 pm at The Village at Ed Gould Plaza, 1125 N. McCadden Place; tickets $10.

Get ready to get jiggy wit it as the LACBC invites you to celebrate their 16th birthday with a 1998-themed Bike Prom from 8 pm to midnight on Saturday, February 22nd at the American Legion Post 206, 227 N. Ave. 55 in Highland Park; earlybird tickets are $8 for LACBC members and $16 for nonmembers before February 7th.

Chinatown’s annual Firecracker Ride takes place on Saturday, February 22nd with rides of 20 and 30 miles; 943 North Broadway.

The LABC’s West Bike Ambassadors host a leisurely ride through Venice and Mar Vista on Sunday, February 23rd; the eight to ten mile ride starts at the Mar Vista farmer’s market at the intersection of Venice Blvd and Grand View at 10 am.

Saturday, March 15th, C.I.C.L.E. hosts The Way Back When Ride: La Puente, co-sponsored by Metro and Bike SGV. The family-friendly, leisurely paced ride meets at 10:30 am at the Park-N-Ride Lot at Stafford Street and Glendora Avenue in the City of Industry, rolling at 11 am.

Also on Saturday, March 15th, give your legs a test with the annual Malibu Seven Canyon Classic, with routes ranging from 50 to 100 miles, including a new fast, flat route along the coast. All rides start at 8 am.

The National Open Streets Summit is scheduled for Friday, April 4th through Sunday, April 6th in Los Angeles.

The next CicLAvia is scheduled for Sunday, April 6th on iconic Wilshire Blvd, LA’s historic main street. The free event rolls and walks from Downtown to the Miracle Mile with expanded hours from 9 am to 4 pm.

The American Diabetes Association’s Tour de Cure Ship to Shore ride takes place on Sunday, April 27th at the Queen Mary, 1126 Queen’s Highway in Long Beach. Rides range from eight to 100 miles, with a $200 fundraising minimum.

Mark your calendar for Glendale’s 2nd Annual Jewel City Fun & Fitness Ride on Sunday, May 18th, with rides ranging from seven to 45 miles.

LA’s most popular fundraising bike ride rolls on Sunday, June 22nd with the 14th edition of the LACBC’s Los Angeles River Ride. Ten rides of varying lengths, with starting points in Long Beach and Griffith Park, including two centuries, a 15-mile family ride and a free kid’s ride; discount prices available through May 27th.

The year’s second CicLAvia takes place on Sunday, October 5th with a new variation on the classic Heart of LA route through Downtown LA, from Echo Park to East LA.

The first winter — or late fall, anyway — CicLAvia is also the first to roll through historic South LA on Sunday, December 7th, from the cultural center of the Southside in Leimert Park to the birthplace of West Coast Jazz on Central Avenue.

Find bike racing schedules and other cycling events at SoCal Cycling.

Category: Bike Events / Tags: , ,

More bad news — 82-year old bike rider dies south of Lancaster area

January 23, 2014 / / One comment

Last week I received an email reporting an apparent bicycling fatality last Thursday.

In it, Kevin Walsh quoted a friend of his who reported passing a downed rider near the Lancaster/Lake Hughes area.

I was on a ride today (motorcycle) and I went to the Rock Inn out in Lake Elizabeth. About 7 miles northwest of there on the road out to Avenue D, there was a road biker down, a fatality. Chippies were all around and I didn’t see any civilians other than the biker. He had a reddish road bike and a bluish colored bike helmet. I couldn’t see his clothing because he was in the street covered by a small tarp. His bike didn’t look mashed so I don’t know what happened, it was off in the dirt on the shoulder. He was clearly deceased though. This was about 3 p.m. today. I sincerely hope this wasn’t one of your people…

“It was pretty gusty out there. I’m not sure that this person was hit, I had to proceed both ways past the accident scene and there was no debris or skid marks I could see…I am confused how the person would be deceased and out there in the lane headed south east, actually in the roadway but their bike would be out in the dirt–unless they were standing on the road-side of their bike on the roadbed, and got clipped…and the bike got knocked away.”

Despite my efforts, and that of Walsh and others, we weren’t able to confirm the fatality.

Until today, that is, when an anonymous source forwarded a collision report from the CHP, which identified the victim as 82-year old Leslie West of Lancaster.

On January 16, 2014, at approximately 1105 hours, West (P-1) was riding his bicycle southbound on Pine Canyon Road, south of Three Points Road. P-1’s friend was riding along side, near the right edge of the road, at a slow speed, climbing an slight hill of roadway. Due to unknown reasons at this time, P-1 fell to his right, with the bicycle. Los Angeles County Fire Department and CHP were dispatched and responded to the scene. LA County Fire personnel arrived on scene and began medical aid. They were unable to revive P-1 and he was pronounced deceased at 1135 hours. There is no further information at this time and the investigation is continuing.

Google Maps shows Pine Canyon turns into Three Points Road as it travels north, which connects to Avenue D.

Judging from the description, it’s possible that West may have lost control of his bike and was injured in the fall; more likely, he died of natural causes that may or may not have been a result of riding.

As tragic as this, or any death, is, I can think of a lot worse ways to go.

This is the ninth bicycling-related fatality in Southern California so far this year, and the fifth in Los Angeles County.

My deepest sympathy and prayers go out to Leslie West and all his loved ones.

Thanks to Kevin Walsh for the heads-up.

 

Category: Bicycle Safety, Injuries and Fatalities /

Update: Pomona cyclist killed in collision with Foothill Transit bus

January 23, 2014 / / 3 comments

Word is just coming in that a bike rider was killed in Pomona this morning.

According to an announcement from the Pomona Police Department, the victim, identified only as an adult in his 40s, was hit by a Foothill Transit bus on White Ave between Orange Grove and Holt Avenues. The bus line serves cities in the San Gabriel and Pomona Valleys.

No other information is available at this time.

This is the eighth confirmed bicycling fatality in Southern California this year, and the fourth in Los Angeles County. It’s also the fourth bike-related fatality in Pomona in the last 12 months.

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

Update: A report from KABC-7 places the time of the collision at 5:45 am, and the location as the intersection of White Ave and Alvarado Street. The victim was pronounced dead at Pomona Valley Medical Center.

Update 2: The San Bernardino Sun and Inland Valley Daily Bulletin report the victim, who has not been publicly identified, was a 42-year old man. They also place the location two blocks south of Alvarado, near the intersection of White Ave and Chester Place.

The papers report the bus was traveling north on White at the time of the collision; no information was available on which direction the victim was riding or how the collision occurred.

The incident is still under investigation; a nearby resident reports that someone moved the bike closer to the victim from where it originally landed to a location closer to the victim, where it was run over by a passing vehicle, which will undoubtedly complicate the investigation. 

Anyone with information is urged to call the Pomona Police Department’s Traffic Services Unit at 909-620-2081.

Thanks to Erik Griswold for the link.

Update 3: According to a blog post from the Seegmiller Law Firm, the victim has been identified as 42-year old Villa Park resident Steven Slater. The site also reports some passengers on the bus suffered soft tissue injuries in the collision. Thanks to West Seegmiller for the heads-up.

It’s a very sad commentary on today’s media when an attorney scoops every press outlet in identifying the victim of a collision.

Category: Bicycle Safety, Injuries and Fatalities / Tags: , , ,

Update: Gatto bill suspends licenses for hit-and-run; hit-and-run victim Damian Kevitt to finish his ride in April

January 22, 2014 / / 8 comments

Now we’re getting somewhere.

Last year, Glendale-area state Assembly Member Mike Gatto sponsored successful legislation to extend the statute of limitations in hit-and-run cases from three to six years.

The bill was stronger as originally written, though, providing an additional year from the date a suspect was identified. Still, the final version that passed the legislature on a unanimous vote of both houses was signed by Governor Brown — which is not always a sure thing — and went into effect on the first of the year.

Now Gatto is taking the next step in ending the epidemic of hit-and-and run.

According to a press release from his office, which does not appear to be online yet, Gatto has introduced legislation calling for automatic license revocation for any motorist who leaves the scene of a collision involving another person — even if the injuries are minor.

That’s revocation, not suspension.

(Update: Actually, it’s not. See below.) 

As such, it goes beyond the 2010 Life Before License campaign sponsored by the apparently dormant Bikeside LA, which called for license suspensions of varying length depending on the severity of the victim’s injuries. Because too often, drivers are allowed to keep their licenses after fleeing the scene, even in cases where the victim has been seriously injured.

And it corrects, in part at least, a loophole in California law that only allows serious consequences in cases resulting in death or serious bodily injury.

Even then, hit-and-run drivers too often walk off with a slap on the wrist. And their license.

“The only way to know if you hurt someone is to stop. The only way to get someone medical help is to stop,” said Assemblyman Gatto. “Allowing drivers who don’t stop to keep their license, adds insult to their victim’s injuries.” …

“AB 1532 will give victims of hit-and-runs solace, knowing that cowards who drive recklessly, and purposefully avoid responsibility for their actions, are no longer driving the streets,” said Assemblyman Gatto. “This is a sensible fix to the law that will lead people to think twice before leaving the scene of an accident.”

It’s not the full solution to hit-and-run.

But it’s something I’ve long called for to discourage drivers from fleeing the scene, and get drivers who’ve shown they can’t obey the most basic requirements for driving — let alone human decency — off the road.

We still need to address the fact that current law actually encourages drivers who have been drinking to flee the scene until they have time to sober up. As well as the fact that unless their vehicle is taken away, many motorists will continue to drive after their licenses have been taken away.

And again, with little or no consequences in far too many cases.

But Gatto’s bill is a vital step to control, if not end, the epidemic. And get some of the state’s most dangerous and heartless drivers off the road.

As Eric Bruins, Planning and Policy Director for the Los Angeles County Bicycle Coalition, noted,

“Stopping and rendering aid after a collision is the most basic duty of a motorist. … Failing to do so can be the difference between scrapes and bruises and a serious injury or fatality. Anyone who flees the scene of an accident has demonstrated in the most cowardly way possible that they do not have the judgment necessary to keep their driving privileges.”

Update: Now that the bill has been posted online, it’s clear that the press release was misleading, at best. Rather than calling for revocation, as the press release stated, it would merely require that drivers who leave the scene have their licenses suspended for 6 months.

As such, it’s still a step forward, if a relatively small one. It’s not as strong as what was called for under Life Before License, and a lot weaker than what I’ve been calling for; whoever wrote Gatto’s press release should know there’s a big difference between suspension and revocation.

The bill would also amend current law to require that drivers who hit a person would be required to stop at the scene, rather than at the nearest location that would not impede traffic. 

The current provision has been abused by drivers who would leave the scene, then turn themselves in hours later with no penalty.

Thanks to Alex H for the correction. 

……….

The press release also notes that Damian Kevitt — the cyclist critically injured in a hit-and-run when a minivan driver dragged him onto the 5 Freeway after running him over near Griffith Park nearly a year ago — is planning to finish the ride that took his leg.

And nearly, his life.

Other hit-and-run victims are continuing the healing process.  Damian Kevitt was struck by a mini-van while on his bicycle and dragged more than a quarter-mile down the Interstate 5 Freeway in Los Angeles last February.  The collision resulted in dozens of broken bones and the amputation of one of Kevitt’s legs. Kevitt recently announced that he will be finishing the ride he started last year at an event on April 27, 2014 to raise awareness for hit-and-run victims and challenged athletes.

The suspect who hit him remains at large, despite a $25,000 reward. You can contribute to Damian’s efforts to raise $10,000 for the Challenged Athletes Foundation.

Seriously, I’m in awe of that guy.

……….

In a somewhat related, and horrifying, story, a Wisconsin driver faces charges for allegedly running down an adult tricycle rider, then fleeing the scene with his victim still lodged in his windshield. Fortunately, the rider wasn’t seriously injured, and managed to free himself after the driver arrived home, reports the StarTribune.

A Wisconsin man who became lodged in the windshield of a car that struck him said he turned to the driver and said, “Hello, I’m the guy you hit on the bicycle.” …

The man finally noticed Gove when he stopped the car outside his home.

“He looked at me and said ‘Who are you? What are you doing in the car?'” Gove said. “He started freaking out: ‘I’m going to jail, I’m going to jail.'”

Thanks to Michael McVerry for the heads-up.

……….

A 79-year old Glendora cyclist is critically injured when he’s left-crossed by an 86-year old driver.

Meanwhile, a 19-year old Temecula man faces nine years in prison after reaching a plea bargain on charges that he fled the scene after hitting a stopped car, then ran a red light to strike another car and a bike rider in a crosswalk; the cyclist survived, but the other driver died several days later.

And if you can get past the paywall, the OC Register’s David Whiting asks if the death of his friend means we should give up sharing the road.

That would be no.

For all the bad news — and yes, there’s been far too much lately — your risk of dying on a bike is an infinitesimal one in 6.3 million. You also face twice as much risk inside a car as you do on a bike, on an hourly basis. And research shows the health benefits of bicycling far outweigh any risks.

I write about the bad things that happen because every fallen rider deserves to be remembered, and even one victim is one too many. And because someone has to wake up our civic leaders to the need for greater safety for everyone on our streets.

Don’t let that scare you off your bike, though.

Because bad things may happen. But they’re highly unlikely to happen to you.

……….

LADOT unveils the next round of planned bike lanes throughout the city. Assuming anti-bike city councilmembers don’t block them, that is.

Meanwhile, the city officially unveiled new bike lanes on Virgil Ave. And LADOT introduces People St to help rebuild our city on a more human scale.

……….

Bike share programs around the US and Canada have been called into question, as the company behind many of the leading programs has filed bankruptcy. Hopefully, Bixi’s financial problems will be just a bump in the road for cities like New York and Chicago, though Time Magazine isn’t very hopeful.

Thanks to Michael Eisenberg for the tip.

………

Flying Pigeon looks at last weekend’s successful Tweed Ride.

………

Finally, the National Business Review asks what you’d do if you knew how to stop bicycling deaths; evidently, the answer is not much, based on experience in Auckland. And Tennessee sheriff’s deputies threaten a bike rider with arrest after he’s assaulted by teenagers, even though they confessed to the crime; thanks to Charles Hudak for the link.

Category: Advocacy & Politics, Bicycle Safety, Bikes & the Law, Car vs Bike, Hit-and-Run / Tags: , , , , ,
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