Haute couture cycling, Gov. Brown vetoes distracted driving/biking bill, GOP tried to gut bike spending

September 9, 2011 / / One comment

Biking goes haute couture; I discovered this bike in the Fendi store on Rodeo Drive during Thursday's Fashion's Night Out.

……..

Go ahead and text while you ride.

Remarkably, Governor Brown vetoes a measure that would have increased fines for the nearly universally ignored law banning the use of handheld cell phones, as well as banning handheld use while biking.

According to the North County Times,

Brown explained his decision to kill the bill on Wednesday in a brief letter: “I am returning Senate Bill 28 without my signature. I certainly support discouraging cell phone use while driving a car, but not ratcheting up the penalties as prescribed by this bill.

“For ordinary people, current fines and penalty assessments should be sufficient deterrent.”

I think the governor needs to get out of the office more. By my count — and yes, I have counted — anywhere from 25% to 50% of drivers appear to be using a handheld phone at any given time.

Brown vetoed a very good and very needed, law. Which doesn’t give me a lot of confidence regarding his support of the newly passed three-foot passing law.

However, it seems the legislature may try to override his veto. Maybe that’s something the GOP members can get behind, if only to embarrass our Democratic governor.

……..

The League of American Bicyclists begins the I Bike I Vote campaign to save federal funding for cycling projects from a GOP-led effort to eliminate all Transportation Enhancements. You’re urged to contact your Senator today; you can download your own IBIV graphic here.

Hopefully they can resist the right’s mad dash rush to return to the transportation policies of the 1950s.

……..

Another two bike thieves are behind bars; the Santa Monica Mirror shows a little levity in describing the situation police found when they were called to the Santa Monica Place mall.

When they arrived at the scene the officers spoke with the security personnel who told them that they had observed two men who had been using bolt cutters to cut bicycle locks.

This sparked the interest of the security personnel because they evidently knew that typically owners of bicycles do not do this.

Then again, make that three bike thieves.

……..

This is why you always see a doctor after a cycling collision.

A Memphis cyclist dies after riding home following a collision and telling his girlfriend not to call for medical help; charges won’t be filed against the driver who tried to render aid but was chased off by the rider.

If someone ever asks if you want an ambulance following a collision, the answer is yes. Insurance should pay for it — yours or the drivers; regardless, your life is worth it.

If I’d followed my instincts and ridden home after the Infamous Beachfront Bee Encounter, I probably wouldn’t be here today. Fortunately, the EMTs insisted I go to the ER, where they found a massive hematoma on my hip that could have bled out if I’d tried to ride home.

And yes, I’m grateful as hell.

……..

Streetsblog says the 7th Street bike lanes are now officially open; LACBC offers photos of the press conference. The Times seems amazed that a car lane on 7th is removed in favor of bikes, while KPCC asks if the city is doing what it should to support cyclists and bikeways. And Dave Moulton uses the road diet as an example to ask if more lanes really move more traffic.

……..

The L.A. firefighters biking across the country to honor victims of 9/11 should have arrived Friday. How about Safe Routes to Universities, too? Nate Baird clarifies LADOT’s confusing stats on bikeway installation. L.A. Eastside visits the new bike lanes on 1st Street in Boyle Heights. Bike friendly City Council President Eric Garcetti announces his candidacy for mayor. The Times looks at the Bicycle Film Festival on now; Flying Pigeon will be there with select children’s and cargo bikes available at a discount. Rick Risemberg says it’s time for Beverly Hills to reach beyond the low-hanging fruit. Beverly Hills Patch looks at last week’s meeting to make the city more bike friendly, which could start with bike parking if they’d stop saying no. Why the beachfront bike path is named after Marvin Braude. Slow progress for cyclists and pedestrians in Malibu. Santa Monica lays out an ambitious implementation plan to become a bike friendly city. Streetsblog examines the unique arrangement that resulted in Glendale’s Safe and Healthy Streets program, including the planned Riverdale-Maple Greenway. A bike-riding gunman robs  a Glendale woman. A Glendora cyclist suffers life-threatening injuries when he’s hit by a car; no other details are currently available. KPCC offers a great video of cycling the Angeles Crest Highway. Long Beach’s biking expats discuss trading Long Haul Truckers to tour by Brompton.

Thousand Oaks cyclists ride to raise money for the Make-A-Wish Foundation. A Santa Maria cyclist is stabbed in a robbery attempt. Santa Paula cyclists are about to get a new three-mile bike trail. Chico State students protest police citations for illegal bike parking at the same time bike racks are being removed. A Bakersfield teenager is critically injured after being hit by two cars while riding in the wrong direction. Tahoe cyclists are identified as a “major problem” because they’re the victims of a large part of injury collisions; next, South Tahoe police will target local deer because they keep getting shot by hunters. The cyclist nearly killed in a collision during last year’s Sonoma County Gran Fondo is nearly ready to ride again, almost a year later.

Help Kickstart A Day in the Life with Vegan Athletes. Urbana’s industrial-strength rear rack is now available for all cyclists. A writer for the New York Times considers the lessons learned riding across the West; thanks to George Wolfberg for the heads-up. Thanks to an article in the Economist, a spotlight shines on Seattle’s hazardous conditions for cyclists. Durango CO cyclists need to observe the law; you know, so they don’t offend all those drivers who don’t, either. An Idaho driver is scared to death after hitting a cyclist who must have been right in front of him; just imagine how the rider must have felt. The Missoula cyclist found dead on the sidewalk apparently died of internal bleeding after crashing his bike and hitting his chest on the handlebars. The widow of a cyclist is forced to pay court costs as a jury blames her husband for the driver’s left cross that killed him. A Milwaukee driver claims he blacked out before his car drifted across the road to hit a salmon cyclist riding in the same direction in the wrong side of the road; police say a search warrant for cell phone use is standard procedure in such cases, which should be the case everywhere. A ghost bike is reinstalled after residents complain about its removal. Using GPS data to fill in the blanks following a crash.

Courtesy of Carlton Reid, British researchers say if you want to grow cycling, ignore existing riders and focus on people who don’t ride; interesting advice, but isn’t that how we got the crappy infrastructure we have now? A UK cyclist dies when a fly flew into his eye while riding at high speed; a tragic reminder to always wear shatter-proof glasses when you ride. A minor lapse in judgment, another dead cyclist. The problem in Copenhagen is too many cyclists. Magnesium frames make a comeback; hopefully these will withstand exposure to oxygen, which seems to be almost everywhere these days. Say it ain’t so, Jeannie — one of the greatest cyclists of all time faces a ban for dodging doping tests. The Leopard-Trek – Team RadioShack merger doesn’t seem  to be going so well. Hong Kong police start an educational campaign prior to a crackdown on scofflaw cyclists. An Indian cyclist dies in a freak collision with two motorcycles.

Finally, a UK cyclist is beaten with a hammer by a motorist for riding too slowly up a hill into the wind; a police spokesman calls it a “massive over-reaction.” And a DC cyclist is intentionally hit by a driver for the crime of riding in the street.

Evidently, human compassion sometimes skips a generation.

And I notice the L.A. Weekly’s blatant misrepresentation of the new bicycle anti-harassment ordinance is still online, and still hasn’t been corrected despite a number of people repeatedly pointing out their error. I guess journalistic integrity skips a generation, too.

Category: Bikes & the Law, General, Stolen Bikes and Bike Crime, Streets and Infrastructure / Tags: , , , , , ,

Family member reacts to Tuesday’s hearing for Stephanie Segal, accused killer of cyclist Jim Laing

September 8, 2011 / / 2 comments

The Laing family; Jim is in the center, his sister Peggy is on his right

This past Wednesday, a hearing was scheduled at the Malibu Courthouse for Stephanie Segal, the driver accused of killing popular cyclist Jim Laing in a drunken hit-and-run in Agoura Hills last October.

I had planned to attend until last minute obligations kept away. However, I just received an email from Peggy Krause, older sister of Jim Laing, who filled me in on everything I missed; she graciously agreed to let me share her thoughts with you.

Hi Ted – Hope you remember me.  I am Jim Laing’s sister, Peggy Krause.

I was waiting for the hearing for Ms. Segal to take place in order to write you and that time has come. Yesterday, September 7th, was Stephanie Segal’s final Pretrial hearing before Judge Lawrence Mira in Malibu Courthouse. Thanks for keeping tabs on the status of her case in your last few newsletters. Although there were no cyclists in jerseys present at the hearing, our family is grateful for your support.

The reason for this hearing was primarily for Victim Impact Statements. My whole family wrote Victim Impact Statements and sent them to Judge Mira and we were each provided ample time to present them verbally in court to the Judge. My mother went first. I accompanied her to the podium where we were to deliver our statements, as she was too distraught to stand on her own. Stephanie Segal was, in fact, present at the hearing, with her attorney… Only a few feet away from us. My Mom started her statement with … “I loved my son from the day he was born” and wept through her entire speech, ending with a statement to Ms. Segal to the effect that she hoped someday she could do something good in her life by helping others to avoid another tragedy such as this. It was heartbreaking and the entire courtroom was visibly moved, including Judge Mira and his clerk.

Afterward, there was at least 30-45 min. of negotiations at the Judge’s bench between the Senior D.A., Ms. Segal’s attorney, and Lulu’s private (civil) attorney…heated discussions and audible objections from Lulu herself directly to the Judge. It seemed like an eternity. Counsel were so far apart on the length of time for Ms. Segal’s incarceration and Ms. Segal’s offer was vehemently unacceptable to us. That being said, the Judge declared sentencing would be postponed until October 27, 2011 at 10:00 am. By the way, Ms. Segal has NEVER changed her plea of “Not Guilty”.

Afterward, the D.A. and an independent counsel who was there in the courtroom approached our family on the courthouse steps stating that it had been a very long time since they had seen a family so gracious and dignified towards a defendant who had taken a family member’s life. They assured us that it had a profound effect on the Judge’s decision that day versus if no family had been present or made statements in court. It was an unexpectedly good feeling of relief in that justice actually may be served in this case. It was without a doubt the best thing we could have done for Jim.

I attached my Impact Statement in lieu of a statement right after Jim’s death. This case is not only about Jim, but about ALL cyclists… That this type of behavior CANNOT be tolerated. There must be a precedence set for this type of crime. As my statement sets forth, I personally will NEVER feel the same when I ride now … Always looking over my shoulder with trepidation and an abundance of caution in my heart that frankly was never there before.

I also attached a recent picture of our family: Jim’s in the center I’m in yellow shirt on Jim’s left. Thank you again, Ted. You have been invaluable to our family and to the cause of all cyclists out there.

Peggy

……..

Here’s is the Victim Impact Statement that Peggy Krause submitted to the court (click to enlarge). I hope you find it as moving as I do.

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

LBFD’s John Hines guilty, 3feet2pass passes and L.A. Weekly goes off the deep end

September 7, 2011 / / 6 comments

You can now remove “alleged” from any reference to John Hines.

The Long Beach Fire Captain, scion of one of the city’s leading fire fighting families, changed his plea to guilty in Orange County Superior Court on Tuesday.

He was convicted on three felony counts — driving under the influence, driving with a blood alcohol level in excess of .08, and hit-and-run, as well as sentencing enhancements for having a BAC over .20 and causing great bodily injury.

Hines will serve a 90-day diagnostic evaluation in state prison to determine whether he is suitable to serve a sentence in the state penitentiary. After his release, he will be sentenced on December 2nd at the Central Justice Center in Santa Ana; potential penalties range from probation to up to six years and eight months behind bars.

Hines reportedly spent the morning of April 1st drinking at the Schooner or Later bar in Long Beach before getting behind the wheel of his truck. Around 1:20 pm, he swerved into the bike lane on Westminster Ave in Seal Beach and plowed into the bike ridden by 47-year old Jeffrey Gordon.

Gordon was thrown over 70 feet, suffering critical injuries including severe lacerations, spinal injuries and head trauma; according to the Orange County Register, he was hospitalized for two weeks, and continues to suffer from limited physical mobility, as well as speech and memory loss.

Meanwhile, Hines fled the scene without slowing down; witnesses followed him to his home where he was arrested with a BAC of 0.24.

I have no idea why he needs to be evaluated for suitability for state prison; most inmates are simply sentenced without any say in the matter.

But we can only hope the judge imposes the maximum sentence.

Anyone who is trained to save lives, yet is so drunk and heartless as to leave a man laying broken and bleeding in the street does not deserve to walk free.

Or ever drive again.

Thanks to Rex Reese, Jim Lyle and an anonymous source for the heads-up.

……..

California cyclists may now enjoy a little cushion from passing vehicles, as the State Assembly passed SB 910, the 3feet2pass bill, by a margin of 41-20.

Do I really need to point out that 16 of the no votes came from the Republican side of the aisle, as the California GOP has swung so far to the right they feel a kneejerk need to oppose virtually everything?

However, six Republicans retained sufficient common sense to vote for the bill, while four Democrats felt California drivers still deserve the right to buzz cyclists as long as they don’t actually make contact.

What still remains to be determined is whether the dangerous exception allowing drivers to pass at less than three feet, as long as they slow to 15 miles above the speed of the ride, remained in the bill or was removed in amendments as we have been repeatedly promised.

In other words, if you were riding at 20 mph, a driver moving at up to 35 mph could pass you as close as they wanted as long at they didn’t actually hit you; yeah, good luck with that. And yes, that exception would be every bit as confusing and unenforceable as it sounds, forcing both drivers and police to guess how fast you’re riding.

And yes, it was still in the most recent draft of the law posted online on August 30th.

Let’s hope it really was removed.

Or this will be nothing but feel-good legislation that could actually make it more dangerous for California riders.

Update: Eric B and billsd wrote to correct my reading of the most recent draft of SB 910. The law has in fact been revised to remove the 15 mph passing exemption; it now allows drivers to pass at less than three feet only at speeds of 15 mph or less. Thanks to both for the correction.

……..

I’ve heard from a number of cyclists who are concerned about a rumor in the case of Joseph Fernandez, the driver convicted of killing Encino endurance cyclist Jim Swarzman.

They’re worried that judge K. Michael Kirkman may have found that Swarzman contributed to his own death though improper lane positioning by failing to ride far enough to the right. As the comment linked to above points out, that would suggest a basic misunderstanding of both state law and commonly taught safe riding practices.

As a result, I reached out to cyclist and attorney Dj Wheels, who looked into the question for me.

According to Wheels, it’s unlikely that the judge would have made a ruling like that, since it’s unrelated to the charges against Fernandez. He’s been found guilty of hit-and-run causing serious injury or death, rather than the death itself.

In other words, Fernandez was convicted of leaving the scene, not killing Swarzman — which makes where Swarzman was positioned  in the lane, and whether he contributed to his own death, irrelevant to this case.

As Wheels points out, that may be a matter that will be addressed in the civil case.

However, if anyone who was actually in the courtroom when Fernandez was found guilty has other information, please let me know.

Fernandez is scheduled to be sentenced on September 12th in San Diego Superior Court in Vista; he faces up to four years in prison, case #CN290834.

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Finally, did the L.A. Weekly deliberately lie about L.A.’s new cyclist anti-harassment ordinance? Or was it a case of journalistic incompetence and failure to fact check?

A blog post by Dennis Romero suggests that the new law will clog the courts with cyclists retaliating for the slightest insult.

Really. The law goes into effect today. (Ed. Actually, it was Monday, but who’s counting?) We can just imagine the court testimony:

Bicyclist: He called me an asshole.

Driver: Your honor, I would like to submit that he is an asshole, and that free speech is protected, especially when one speaks the truth.

And he concludes with a reminder abut First Amendment rights:

Added: Interestingly, we recall that court rulings over the years have held that even swearing at police is protected speech. Guess the bicycle gets more respect than the badge at L.A. City Hall.

Of course, as virtually every commenter on the story has pointed out, he is completely and totally wrong. (I particularly enjoyed the comment from local bikewear manufacturer swrve.)

Mere insults aren’t addressed by this law. In fact, as LAPD Sgt. Krumer pointed out, you can call a cyclist any damn thing you want and be perfectly within your rights. Although at this point, calling someone an L.A. Weekly reader could be particularly hurtful.

What you can’t do is threaten the life or safety of a cyclist, either through words or actions.

That’s it.

Don’t say “I’m going to kill you,” or attempt to run a rider off the road — or imply you intend to — and this law will never apply to you.

And for his suggestion in the comments that most cyclists will never read the law, so they’ll file countless worthless cases anyway, no lawyer is going to take a case unless he or she thinks they have a reasonable chance of winning.

Which means there has to be evidence and/or witnesses to support it. And even if a lawyer did take such a case, the courts wouldn’t hesitate to throw it out.

Which takes us back to the Weekly’s false and inflammatory story, which can only put cyclists at greater risk of actual harassment from angry drivers who might believe their load of crap.

So I demand — yes, demand — a complete and full retraction from the Weekly, as well as a public apology from the author.

And I hope you’ll join me in doing the same.

Thanks to Evan G. for the tip.

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

Be careful riding around schools, no news is very good news, and alleged Alvarado killer will face trial

September 6, 2011 / / 2 comments

School is back in session almost everywhere now.

So be especially careful riding around schools, particularly at times when parents are dropping off or picking up children. Someone passing by on a bike is likely to be the last thing they’re looking for in the mad rush to get back to their school routine.

……..

Keep your fingers crossed.

Despite seeing countless reports of cycling collisions throughout the U.S. and around the world — just a handful of which you’ll find below — I haven’t gotten any news of serious cycling incidents in the SoCal area.

I always hold my breath on three day weekends — the 4th of July was particularly bad. And sometimes, it takes a few days for news to filter in, as the press returns to work and police reports slowly leak out.

But in this case, no news really is good news.

……..

Dj Wheels reports that motions to dismiss or reduce the charges against Patrick Roraff, the teenage driver accused of killing pro cyclist Jorge Alvarado while street racing in April of last year, have been denied.

However, he still gets to travel to Texas to play soccer with his teammates, 17 months after his alleged victim was run down.

William Gladstone was right.

Meanwhile, Long Beach Fire Captain John Hines faces a preliminary hearing today in an Orange County courtroom for critically injuring a cyclist in an allegedly drunken Seal Beach hit-and-run. Maybe he’ll meet Renato Demartino, who is scheduled for a hearing today in the same courthouse; he’s accused in the Tustin hit-and-run death of cyclist Marco Acuapan last April, four months after Demartino allegedly ran him down.

I wonder what they would talk about.

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New bike lanes hit the pavement on First Street in Boyle Heights. Meanwhile, Zeke’s L.A.-based brother Dave reports that work has begun on new bike lanes on Cahuenga Blvd from Franklin to near the Hollywood Bowl; eventually, they should reach all the way to Lankershim.

But don’t hold your breath.

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Damien Newton wants your questions for bike lawyer Howard Krepack. The next meeting of the nearly named group to re-envision North Figueroa as a Complete Street takes place at 7 pm on Friday, September 9th at Flying Pigeon Bike Shop, 3714 North Figueroa. New signs pop up urging cyclists to share the L.A. River Bike Path with pedestrians in Elysian Valley. Santa Monica’s Ocean Park Blvd should soon be a significantly greener — and bike-friendlier — street. Santa Monica Spoke invites you to RSVP for dinner, bikes and cupcakes with Elly Blue. A driver reports hitting a bike in the HOV lane on the 10 Freeway in Baldwin Park, but no word on whether it was being ridden or just laying in the lane; we’ll hope for the latter.

HuffPo offers more than your daily dose of celebs on bikes; thanks to Rex Reese for the heads-up. Cyclists and motorists owe each other respect. According to Tucson Velo, a driver accused of hitting and killing a cyclist had previous DUI arrests; nice work keeping a dangerous driver on the streets until he finally killed someone. Tour de Fat draws 12,000 cyclists in my hometown of Fort Collins CO; it will be here on October 8th. After an Idaho boy’s new bike is stolen, replacement offers pour in. A Missoula cyclist is found dead on the sidewalk in an apparent solo collision; of course, as cyclists know but police can’t seem to figure out, you don’t have to actually hit a rider to cause a cycling collision. A Minnesota triathlete dies one month after a mountain biking accident in Colorado. A Vermont cyclist died after bypassing barriers closing a road damaged by Hurricane Irene; seriously people, when the road is closed, there may be a reason for it. A New York cyclist is killed after running a red light; that’s why you don’t do that, people. Cyclists open fire near the nation’s capitol; thanks to DC for the heads-up. A 75-year old Florida cyclist is killed by an 84-year old driver in a SMIDSY;* fortunately for the driver, failure to see your victim is the universal Get Out of Jail Free Card — especially in Florida.

Toronto Streets should be a delight, not a hospital waiting room. The Cycling Embassy of Great Britain officially takes flight; now the hard work begins. Progress is slow on London’s cycling revolution. Potholes in Sheffield UK threaten that city’s bid to host a stage of the Tour de France. Great bike art from Dublin. Instead of making the roads safer, Aussie authorities idiotically consider making hi-vis vests mandatory for all cyclists; maybe that way drivers will finally see the riders they run down. Another pro team bites the dust, as the Scheck brothers’ Leopard-Trek team merges with Team RadioShack and a bunch of riders prepare to get the boot. Investigation shows pro cyclist Riccardo Ricco gave himself a botched transfusion. A Chinese banking official is held for killing a cyclist while driving drunk.

Finally, David Hembrow reads L.A.’s new bike plan, finds it critically lacking and concludes we’re being fed a line. And the Economist says America is no place for cyclists, with a few notable exceptions.

*Sorry Mate I Didn’t See You.
Category: Bicycle Safety, Bikes & the Law, Legal Cases, Streets and Infrastructure / Tags: , , , , , , ,

Serious bike threatening idiocity in Texas, cyclists under assault & a Labor Day load of non-snarky links

September 3, 2011 / / One comment

Let’s take a break from this week’s discussion of legal matters, and catch up on a long list of links I’ve been saving just for you.

Yes, you.

And yes, these will be on the test.

I’ll pick up with still more court cases next week. And try to catch up on this week’s events before the weekend is out.

And please excuse the general lack of snarkiness in today’s post; I seem to have lost my sense of sarcasm somewhere along today’s cool and cloudy early-onset winter ride along the coast.

I’m sure with a little rest and liberal application of New Belgium’s 1554, I’ll be back to my same old obnoxious self in no time.

……..

A Texas driver threatens cyclists on his own Facebook page, since removed, and apparently under his own name. And yes, the authorities have been notified; the question is whether being an idiot is against the law down there, or if drivers can get away with making terrorist threats.

Just a brief excerpt of his insanity tweeted by Bike Denton:

“I’m going to turn you and your hip fixed-gear into a bloody mess of human entrails” — Gregory Ryan Butler

Nice.

Thanks to Witch on a Bicycle for the tip.

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Cyclists seem to be under assault around the world, as Brooklyn cyclists dodge bricks thrown by teenagers, four boys knock a Chicago rider off his bike in a robbery attempt, and a London cyclist is fatally shot by mistake just seconds from his destination. Thanks to Rex Reese for the Chicago link.

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No winners in the case of an Elizabethton TN mother threatened with arrest for letting her daughter ride a bike to school, even after police capitulate compromise and let her ride another route. The mother in question accuses police of changing their story.

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Nothing says Labor Day like bike sales; this weekends sales include markdowns at I. Martin and Cynergy Cycles. Chances are your neighborhood LBS has a few deals waiting for you, as well.

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My favorite blog post of the week, as a Carolina bike lawyer complains that almost anyone can be somewhat fast on a bike, but few learn to be elegant, graceful cyclists; I’ve long said that anyone can learn to ride fast, but it takes years to learn to ride well.

A must read for anyone who participates in group rides, or wonders why the hell some people ride the way they do.

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Yes, the 20 miles of sharrows LADOT recently promised will count towards the mayor’s commitment for 40 miles of bikeways this year; Bicycle Fixation approves of the 7th Street road diet. Flying Pigeon holds their monthly brewery ride on Saturday. Damien Newton confesses to being an occasional sidewalk rider. You now have until September 8th to apply for a $500 mini-grant for the next CicLAvia in October. South Pas cyclists could have protected bike lanes on Monterey Road, but probably not. Popular Claremont mayor Sam Pedroza was seriously injured when his handlebars clipped a parked car. Unanimous support for the draft South Bay Bicycle Master Plan from the Manhattan Beach commissioners. Valet your bike at this weekend’s Fiesta Hermosa, courtesy of Hermosa Cyclery. 90210 star AnnaLynne McCord bikes in a bikini. Cyclicious says Keanu rode a bike back in the 80s and apparently had a Coke habit. The Feds give California the green light for green paint on the street; is LADOT listening? The state Assembly declines to vote on SB 910, the 3 feet 2 pass bill, until next week. The driver who killed a Danville cyclist flees to China; authorities had allowed her to surrender an old passport. A Petaluma cyclist is seriously injured after hitting a giant pothole.

Biking is booming in cities, but not so much in the suburbs and rural areas. David Suzuki says biking infrastructure pays dividends, even if some people think bike lanes expressways to gentrification. Bloomberg says dump the Porsche for a carbon-fiber Cannondale. Advice on how to ride slower. An Oregon woman writes about how she learned to stop worrying and claim the lane. An off-duty Boise police officer is seriously injured in a hit-and-run while training for an upcoming bike race. Milwaukee cycling fatalities already equal the total for 2009; unfortunately, SoCal isn’t far behind. Our own former national crit champ Rahsaan Bahati motivates Cub Scouts in Wilmette IL. Breezee One’s Bike Chase video is blowing through the bike world. Where Gotham bicycles go to die. Hurricane debris from a construction site is blamed for a New York cyclist’s death. A New York bike cop says his fellow officers don’t hate cyclists per se. Bike parking becomes a key amenity in the Big Apple; thanks to George Wolfberg for the heads-up. A Delaware police chief is seriously injured in a collision with another cyclist; link courtesy of Witch on a Bicycle. Maryland gets it right with their new driver’s manual; our own DMV could take a page out of their book, literally. Evidently, life is cheap in South Carolina — $113 for killing a cyclist, to be exact; thanks to Zeke’s brother Dave for the heads-up. Florida police find the car that killed a cyclist and slightly injured his dog.

Toronto cyclists defend riding on the sidewalk illegally, just days after a pedestrian was struck and killed by a cyclist. The Cycling Embassy of Great Britain officially launches on Saturday; they’re eight hours ahead, so chances are by the time you read this, it already has, but you can still check out the results of their poster contest. This is what it looks like to get hit by a car. A UK father is convicted of carrying his child on a bike, even though that’s not against the law. The Guardian asks about wheel sucker etiquette, while the Evening Standard offers the girl’s guide to cycling in London. Cycling can add five years to your life if you pedal hard and don’t crash. David Hembrow looks at the Magic Roundabout in York and finds it not so magical for cyclists. Better bike lanes will encourage more cycling on the Emerald Isle. Introducing a nearly $10,000 Pashley roadie; or you could settle for a $12,750 Cinelli. If people can learn to pick up dog poop, they can learn to pass a cyclist safely. A Delhi judge says recklessly driven vehicles are like live bombs ready to explode anywhere.

Finally, you think Johnny Hoogerland is tough? Tom Boonen may have just set the bar for the worst cycling injury ever. And driving my ass, imagine riding on roads like this or just descending on these.

……..

A three day holiday means more drunk, careless and distracted drivers out on the streets; I nearly got hit myself when a cell phone using driver lurched into the bike lane to bypass a long line of stopped cars. But at least he apologized, although he didn’t hang up his phone.

So let’s be careful out there.

I expect to see everyone back here next week.

Category: General / Tags: , ,

Jeffrey Ray Adams and the Santa Monica road rage case — call it Dr. Thompson lite

September 2, 2011 / / 16 comments

View of collision site shows how hard driver had to turn to cross center median; photo courtesy of Steve Herbert

Some of you have wondered why I haven’t written about the Santa Monica road rage assault that took place one week ago Thursday, other than a brief link earlier in the week.

It wasn’t for lack of trying.

I first became aware of this case on Saturday morning when a reader named Joy forwarded an email that had been sent to members of the Conejo Valley Cyclists.

In it, the author — who I won’t identify, since he hasn’t been publicly named by other news sources for reasons that escape me— told his side of the incident that occurred on Barnard Way on the evening of August 25th.

He described an ongoing dispute that continued as he rode down the street, as an angry driver repeatedly cut him off, gesturing and swearing. The rider responded by swerving into the paved median area, planning to pass the driver on the left when the car stopped for a stop sign. Instead, the driver, Jeffrey Ray Adams, cut sharply to the left across the rider’s path, causing a collision — apparently intentionally, in an incident all too reminiscent of the infamous Mandeville Canyon case.

Then to make matters worse, Adams continued to threaten the victim, as well as bystanders who intervened to protect him, in a video capturing the events that followed the collision.

I immediately reached out to both the victim and to Sgt. Thomas McLaughlin, the Santa Monica Police Department’s new liaison to the cycling community — sort of like LAPD Sgt. Krumer, but taller and closer to the coast.

Sgt. McLaughlin responded quickly to let me know he was off that day, but would pull the file the following day (Sunday) and get back to me.

As for the rider, I never heard back.

Which is odd, since he followed up on his first email with another directed to some 30 recipients, including members of the LACBC, Los Angeles Times and Santa Monica City Council, among others, asking them to report the story and demanding justice.

Note to cyclists: If you want someone to tell your story, trying responding to emails offering to do just that. Just a hint.

Meanwhile, Mihai Peteu of Bikeside broke the story later that night, with a link to the same information that Sgt. McLaughlin had offered to pull for me the next day. His story provided the name of the driver, as well as reporting that Adams had been booked on a charge of Assault with a Deadly Weapon and released on $30,000 bail.

Sgt. McLaughlin confirmed that Bikeside’s story contained all the relevant information he would have been able to give me from the incident report. And since Mihai had already reported everything I knew — and even turned the You Tube video the right way — I was more than willing to let them run with it.

Meanwhile, the story was soon picked up by the Santa Monica Mirror, LookOut News, Santa Monica Daily Press and L.A. Weekly. Although the first, and best, of news report came in a detailed story from the Canyon News.

Which meant that there was really no point in writing about it until I had something to add.

Which is, simply, this.

While cyclists are justified in their outrage over this dangerous and deliberate assault, this is not another Mandeville Canyon, despite the similarities.

In that case, the driver jammed his brakes directly in front of two riders, resulting in serious injuries to both, simply because they were in his way. Then the Good Doctor, who made his living treating trauma victims like the two he had just created, stuck around expecting a pat on the head from the responding officers. And was shocked to find himself cuffed in the back of a patrol car, because he’d gotten away with it before.

In this case, there was an ongoing dispute between the driver and cyclist; what started it, we have no idea. Although the rider’s initial email suggests the driver may have simply been pissed off to find himself stuck behind a cyclist on a road too narrow to allow passing, even though said rider said he was traveling at the 25 mph speed limit at the time.

But despite the outrageousness of the driver’s attack in turning directly into the path of the rider — then repeatedly claiming the rider hit his car and trying to goad witnesses into a fight — the bottom line is that the cyclist apparently suffered only minor injuries.

Or at least, what’s considered minor under the law. And under California law, that makes the crime a misdemeanor, rather than a felony. Even if his $3,000 bike was totaled.

Which is why Adams was out on just $30,000 bail within hours of his arrest.

The incident is still under investigation. And chances are, Adams will end up facing charges; his actions were clearly deliberate, there were too many witnesses and he made far too many stupid statements in front of a camera.

Unfortunately, it’s not against the law to be an idiot.

Or a jerk.

Then again, if it was, I could have faced my third strike years ago.

Whether he’ll do any time is another matter. Especially considering that Jaclyn Andrea Garcia is looking at just one year in jail — or in reality, six months or less — for nearly killing a cyclist while driving drunk, despite being underage.

And writing every council member in the City of Santa Monica won’t make a damn bit of difference.

What will make a difference, for other riders who find themselves in similar situations — and no, this is not the first time something like this has happened and it won’t be the last — is to get yourself out of it. Whatever it takes.

I’ve learned the hard way that it doesn’t pay to have an angry driver behind you. Or in this case, in front of you.

Or beside you, for that matter.

So when a driver rages, pull over and let him pass. Or take the next turn and go a different way, as I did recently in a similar situation just blocks from where this happened.

And no, it wasn’t the same guy. Which means there are at least two of them out there roaming the streets of Santa Monica.

It’s not always easy. But it’s just not worth it to confront a threatening driver armed with a multi-ton four-wheeled weapon of mass destruction.

Especially now that the newly passed L.A. cyclist anti-harassment ordinance will become law on Monday. Not that it would help in Santa Monica, of course.

Just take down the license or grab a photo if you can, note any other details, and get the hell out of the way.

And never, ever flip off the driver behind you.

Trust me on that one.

Category: Bikes & the Law, Car vs Bike, Legal Cases / Tags: , , , ,

One year in jail for underage, allegedly drunk driver who nearly killed cyclist Adam Rybicki.

September 1, 2011 / / 15 comments

Is a single year in county jail really enough for an underage drinking and driving spree that injured two cyclists — nearly taking the life of one and leaving him with life-altering injuries?

Sources tell me that a plea deal has been reached in the case of Jaclyn Andrea Garcia, the 19-year old driver accused of plowing into a group of cyclists early on the morning of Sunday, April 3rd — while still drunk from the night before.

In fact, I’m told that at the time of the 7:15 am collision, she still had a BAC of 0.15, nearly twice the legal limit.

Reportedly, she will be sentenced to one year in jail, though current jail overcrowding conditions mean she’s likely to serve less than six months.

Maybe far less.

In addition, she’ll face three years probation after her release, including a requirement that she wear the SCRAM alcohol monitor made famous by Lindsey Lohan. We can only hope it will be more effective than it was with her more famous compatriot.

She also have her driver’s license suspended for just one year. This despite at least four moving violations in the last three years, as well as allegedly totaling her car in a previous collision.

Hopefully, it won’t be the year she’ll be in jail and can’t drive anyway.

Meanwhile, I’m told that her primary victim, 49-year old Adam Rybicki of Rancho Palos Verdes, continues to progress, albeit slowly, and faces a long, hard road to recovery; it remains to be seen whether he will ever regain even a semblance of the life he lived before Garcia ran him down.

Those with whom I’ve discussed the case consider the penalties likely to be imposed on Garcia to be very light given the extreme severity of Rybicki’s injuries. However, I’m told that the D.A. handling the case had his hands tied by the penalties allowed under the law for a first time vehicular felon.

One attorney who weighed in on the plea deal said that under current state law someone has to die before a heavy prison sentence can be imposed; from what I understand, Adam Rybicki came very, very close.

In fact, he probably would have if there hadn’t been an orthopedic surgeon on ride.

But at least she’ll have a felony conviction on her record, which will follow her for the rest of her life.

Meanwhile, Garcia has written a letter asking for leniency, which has been highly criticized by some who’ve seen it; at least some observers accuse her of failing to take responsibility for her actions and seeing herself as the victim.

“I ended up being involved in an accident where two bicyclists were injured.” (Garcia)

Beyond comprehension. She is the victim here?!? Accident?!? This is a @##$$%^^&&* felony!!! Two bicyclists were injured!?! With a blood alcohol level of 0.15, she drove a vehicle directly into the path of law abiding cyclists and assaulted them with her vehicle.

“One thing that people have said about me is the fact that I was emotionless at the time of the accident. I was far from that.”

Well, yes, people did observe that appearance. She may be on the mark here. She was beyond emotionless; she was nearly unconscious! That, however, does not constitute emotion. Still no responsibility. She certainly did not offer any help at the scene of the accident; compassion, not hardly.

The case has been continued until Monday, September 12th at 8:30 am in Department 5, Room 403 of the Inglewood Superior Court.

At that time, she is expected to change her plea to guilty, and the court will hear statements from the victims — or in Rybicki’s case, his family members — and other interested parties.

And before the day is over, Jaclyn Andrea Garcia is likely to be sentenced for failing to kill Adam Rybicki, if only barely.

Whether justice will be served depends entirely on your perspective.

……..

In another case, Victims Impact Statements will be heard on Wednesday, September 7th in the case of Stephanie Segal, charged with felony gross vehicular manslaughter while intoxicated and felony hit-and-run in the death of cyclist James Laing; Segal reportedly had a BAC of .26 at the time of the collision. The hearing is now scheduled for 10 am  — I’d previously reported it would start at 8:30 am — in Department 1 of the Malibu Courthouse, 23525 Civic Center Way.

Cyclists are urged to attend wearing bike jerseys to show support for Laing and his family; however, long pants are required in the courtroom.

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

Ever have one of those days?

August 31, 2011 / / 2 comments

My apologies.

Yesterday was just one of those days that started bad, and continued a downhill slide until I finally made it to bed, nearly two hours later — and in a much worse mood — than usual.

From the sleepus interuptus of the previous night, to hardware and software issues that had me rebooting my computer and internet service multiple times throughout the day. And not only cost me two days worth of links I’d been saving, but finally made me give up on any hope of writing anything at all last night.

Not to mention a small 2nd degree burn acquired while preparing dinner last night. And a spam attack that had me deleting comments that slipped through the spam filter throughout the day.

So those legal updates I promised you will have to wait another day. Which is okay, because I’m still trying to get a little more information on some of them.

Fortunately, one of the most brilliant features of this world we live in, whether by design or coincidence, is an opportunity to start fresh with every rising sun.

Each dawn is an opportunity to put the previous day’s problems behind you. And a reminder to take your life one day at time, without agonizing about yesterday or worrying about tomorrow.

It’s a concept that goes back at least 2,000 years. And one that the late, great — and sadly forgotten — Dale Carnegie suggested, stressing the need to live in what he called day-tight compartments, without allowing the past or future to leak into the present.

Easier said than done.

Still, those of us who travel on two wheels have an opportunity that others miss, to climb onto our bikes and, for at least that amount of time, to put all of life’s worries and aggravations on a shelf. And just enjoy the ride, whether we’re training, running errands or riding to work or school.

Or just riding.

And as so often happens, by the time we’re done, the world looks a little different. We may come up with the solution to our problems while we’re navigating the streets, or just forget about them for awhile.

Either way, I seldom end a ride without finding myself in a better mood than I started. Even if I started on top of the world.

So I’m going to spend the morning on my bike, and ride the route I didn’t get to ride yesterday. Maybe adding another 20 miles or so to make up for lost time.

I promise to get back to work a little later, and deliver the news I hinted at yesterday.

No, really. Cross my heart.

And in the meantime, here are the links that survived the day to keep you going until we meet again.

……..

The 7th Street bike lanes and road diet make it all the way to the edge of Downtown — yet for some reason, the cyclists in the picture prefer to ride in the buffer zone. The LookOut News asks if cycling in safe in SaMo. Streetsblog looks at best practices by examining Santa Monica’s Bike It! Day. A Lynwood cyclist is seriously injured in yet another hit-and-run. The Biking Black Hole of Beverly Hills has a golden opportunity to create a linear town square connecting the Golden Triangle with Century City. When cities don’t make room for cyclists, drivers wonder why they should. Following the death of a cyclist killed a collision with a police car in a classic SWSS, Bakersfield cyclists become more vigilant — not surprising when even the cops are running them down. A Sausalito cyclist rear-ends a stopped car. A Ukiah driver reports cyclists for hogging the road (scroll down). An Alameda writer asks if cycling can ever be cool. Not surprisingly, the bike wins yet again in a race through San Francisco traffic. A law-abiding Marin cyclist asks why some people act like idiots when they get on a bike; why indeed?

Boulder CO follows Portland’s lead and goes Danish, not Dutch. New ghost bikes cause Memphis merchants to reconsider bike lanes; yes, it’s hard to turn a profit when your potential clients keep getting killed. Ambassadors for better bike behavior in the Big Apple. The New York Times profiles the Cannibal — one of the greatest bike racers of all time; no offense to Lance, but I’d put my money on Merckx. Virginia Beach VA plans a bike lane along a dangerous stretch of roadway.

The Urban Country offers an insightful look at that unique form of harassment that equates cycling with being gay. Scot cycling champ Graeme Obree tells athletes to stay in the closet. Bike scribe Carlton Reid offers a free download of his newly expanded Bike to Work eBook. If cyclists demanded it, the UK could have the backbone of a Dutch-style cycling network in 10 years. Alberto Contador’s arbitration hearing will finally be heard this November, barring yet another delay or more Spanish beef.

Finally, a Santa Clara cyclist threatens to cut a stranger in half with a sword. And a teenaged Placerville cyclist intentionally crashes into a parked car — possibly separating his shoulder — and files a false hit-and-run report to hide the fact that he’d ditched school to smoke dope with his friends.

Category: General / Tags: , , , ,

Streetsblog benefit in SaMo, Walk It or Lock It in Long Beach, better biking in Beverly Hills & outrage in TN

August 30, 2011 / / 2 comments

I’ve got a long list of legal matters to catch up on — including reader insights into last week’s road rage assault in Santa Monica, first reported by Mihai Peteu on Bikeside.

As well as a letter written by the underage, allegedly drunk driver who nearly killed cyclist Adam Rybicki in Torrance earlier this year. And the driver who called police pretending to be a witness to the collision that killed cyclist Hung Do before being arrested for the crime himself.

But in the meantime, as I rush from riding to meetings to work and back again — let alone trying to squeeze in a little sleep into to process — let me offer a reminder about today’s Streetsblog benefit at Santa Monica’s Library Alehouse.

As it turns out, I won’t be able to make it this time. But if you can make it, I strongly recommended heading to 2911 Main Street for some New Belgium beer, raffle, auctions and a cargo bike worth of fun. Along with a lot of good people having a good time for a good cause.

And yes, there will be a bike valet.

……..

Long Beach is kicking off the Walk It or Lock It campaign to remind cyclists that it’s against the law to ride bikes on the sidewalk in the city’s business districts.

Police will be handing out safety cards to instruct riders to either walk their bikes or lock them up in areas including Broadway and Pine Avenue in Downtown Long Beach, Atlantic Avenue in Bixby Knolls, Second Street in Belmont Shore, “Retro Row” on Fourth Street, and Cambodia Town on Anaheim Street.

And if you haven’t already, Long Beach residents are encouraged to take five minutes to complete the city’s 2011 Bike Safety Survey.

……..

Hats off to what — hopefully — will soon be the former Biking Black Hole of Beverly Hills.

Along with a number of other bike advocates and local residents and business people, I attended last night’s meeting of the city’s Ad-Hoc Bike Plan Update Committee.

For a town that currently lacks a single inch of biking infrastructure, the representatives from Beverly Hills were surprisingly committed to changing the situation and getting test projects off the ground — or rather, on the ground — as quickly as possible. And remarkably open to suggestions, including innovative ideas that are just starting to gain acceptance elsewhere.

Make no mistake. They have a very long way to go, and still have to sell the idea of biking infrastructure to a city government and populace likely to cast a wary eye on two-wheeled interlopers in their city.

And the toughest challenge, recreating Santa Monica Boulevard in a format that will be inviting to cyclists — or at least less likely to risk our lives — still awaits discussion down the road.

But they’re off to a good start. And with a far more positive and approachable attitude than many other cities I could name.

If you live or ride through Beverly Hills — or would like to if it was a little safer and more inviting — sign up with LACBC affiliate Better Bike to get involved and stay abreast of the latest happenings.

……..

Finally, allow me a moment of sheer outrage, as a Tennessee woman is threatened with arrest for the crime of allowing her 10-year old daughter to ride her bike to school.

According to Bike Walk Tennessee, Teresa Tyron of Elizabethton thought her daughter had a reasonably safe 7 – 9 minute ride to school in the tiny town near the border with North Carolina.

Evidently, the authorities disagreed.

Teresa Tryon said, “On August 25th my 10 year daughter arrived home via police officer, requested to speak to me on the front porch of my home. The officer informed me that in his ‘judgment’ it was unsafe for my daughter to ride her bike to school.”

She followed up by contacting the mayor and chief of police. But instead of getting the apology any rational person would have expected, she was told that the officer would be contacting Child Protective Services — and that she could be arrested for child neglect if she allowed her daughter to ride to school in the meantime.

So let me get this straight.

A town of just 13,000 people is so dangerous that children can’t safely ride their bikes on the streets.

Of course, they don’t say whether the danger stems from the horrible traffic conditions, which surely must be far worse than those of the Los Angeles area, where children are encouraged to ride to class, though few actually do.

Then again, maybe the town is so overwhelmed with child molesters and other criminal sorts that it is unsafe for anyone to ever be outside of their homes day or night. Let alone a child.

Or maybe city officials have their collective heads so far up their own collective asses that the entire collective city government would have to visit a proctologist just to get their glasses cleaned.

If the problem is the condition of the streets, it’s up to the mayor and other city officials to make them safe — not parents to keep their children off them. If it’s a fear of criminal activity, the police should stop harassing parents and start arresting criminals until families don’t have to be afraid to let their children go out alone for less than 10 minutes on the way to and from school.

But if it’s the latter problem — which I would highly suspect — local residents should seriously consider riding the police chief, mayor and anyone else involved in this idiotic process out of town on a rail.

And replace them with far more rational people who understand that riding a bike to school isn’t a crime, and should in fact be encouraged in this day of rampant childhood obesity. And willing to do their damn jobs to make the streets safe for everyone.

Maybe they could use a little gentle encouragement to see the light.

Category: Bike Events, Bikes & the Law, General, Streets and Infrastructure / Tags: , , , , , , , ,

Update: Car hits group ride in Lancaster following collision, husband and wife injured

August 27, 2011 / / 27 comments

Intersection where collision occurred; photos courtesy of Sarge and Michele Chavez

Once again, cyclists are collateral damage on the roads of Southern California.

According to a report from the L.A. Sheriff’s Department, a husband and wife from Valencia were seriously injured when two vehicles collided in the middle of a Lancaster intersection.

Approximately 20 cyclists were participating in a group ride organized by a local bike shop. As they crossed the intersection of Avenue L and 4th Street West Avenue L and Division Street around 8 pm, a PT Cruiser struck a minivan that was traveling next to them, forcing the van into the couple’s path.

Despite wearing a helmet, the husband suffered head trauma and is in critical condition in a local hospital; the wife is listed stable condition with moderate injuries. Neither has been publicly identified.

More information when it becomes available.

Update: A comment left by Whitney, who was on the ride, says that that collision occurred at approximately 8 am, rather than 8 pm as the L.A. Times and other sources have reported. She offers a little insight into what happened:

The group followed all rules of the road; we were barely into the ride, just starting out, less than a mile from starting. A car ran a red light and exactly as Opus shares, no one, no action, could have prevented this with the exception of the driver of the car that ran the light at high speed.

Even if the 2 cyclists were off to the side of the road, it is possible with the speed of the car at cause, and the trajectory of the car it hit, no “spot” was safe to be. In fact, different angle and the rest of us could have been hit.

Be safe, fellow cyclists, as none of us set out on Saturday morning with anything other than the camaraderie of a group ride in mind. Do whatever you can to raise awareness with your group. No doubt someone from our group will reach out for help, to help this family.

Again, the ride was at 8am, not 8pm. Daylight, morning, not evening. Should be safe right? Perhaps cameras at stop lights aren’t such a bad thing, at least, to capture cause when something like this happens, since all too often these events are at intersections.

Whitney offers an interesting suggestion.

Even with the removal of red light cameras in Los Angeles and other cities in the Southland, there are still thousands of traffic control cameras installed at the busier intersections.

It shouldn’t cost much to expand that system to cover most major intersections, not just to monitor traffic, but to provide evidence to police, attorneys and insurance companies in the event of a collision. Maybe that’s something that could be funded by the legal and insurance professionals who have a financial stake in determining exactly who is at fault in serious wrecks.

And Whitney and Opus raise another good point. Chances are, no one could have avoided a collision like this. Sometimes events occur so swiftly that escaping is not an option. 

However, it’s important to remember that similar tragedies have resulted to death and serious injuries to other drivers, pedestrians, people waiting at bus stops, customers and employees in nearby businesses, and even people in the presumed safety of their own homes. Once a vehicle goes ballistic, there’s no way to control who or what it hits, or who gets hurt as a result. 

This is not proof, as some will undoubtedly suggest, that bicycling is dangerous.

But rather, that cars are — especially in the hands of dangerous, careless and/or speeding drivers.

My heartfelt prayers for the victims, and all their family and loved ones.

Update: I’m told that the husband, Nathan “Bud” Tippee, has died of his injuries. Unfortunately, there hasn’t been any confirmation in the press, but that’s not unusual; the press often doesn’t follow-up on stories involving critically injured traffic victims. If I get any more details, I’ll let you know.

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