Update: Two people killed while walking their bikes in Norwalk; 10th LA County bike deaths this year

It’s bad enough when one cyclist is killed.

When two bike riders lose their lives in a midnight collision, without even being on their bikes at the time, I don’t even know what to say.

Except to let the facts speak for themselves.

According to the Whittier Daily News, a man and a woman were killed in a single collision in Norwalk early Saturday morning.

The paper reports they were walking their bikes across Rosecrans Avenue at Fidel Avenue at 12:02 am when they were struck by an eastbound Ford F-150 pickup truck, which then veered to the side, striking at least three parked vehicles.

No identification or other information about the victims are available at this time.

The driver, who was uninjured, remained at the scene and cooperated with investigators, He did not appear to be intoxicated, and was not taken into custody at the scene.

No word on whether the victims were in a crosswalk, marked or not, when they were struck. A satellite view shows a zebra crosswalk on the west side of the intersection, but none on the east.

If they were in the crosswalk, they were doing exactly what most law enforcement agencies recommend by walking in the crosswalk, rather than riding.

The question is why the driver didn’t appear to see two people walking bikes directly in front of him. And how fast he had to be going to take two lives with a single impact.

These are the 22nd and 23rd bike-related fatalities in Southern California this year, and the 9th and 10th in Los Angeles County, compared to just four this time last year.

My deepest sympathy and prayers for both victims and their families.

Update: Now it makes a little more sense, while seeming even more needless and tragic. Chris K, who lives in the area, writes to say that the crosswalk seen in the satellite photo has long been a popular crossing for people in the neighborhood to the south to get to the businesses, church and school on the north side of the street. He notes that there has even been a crossing guard there in the mornings.

Unfortunately, when the street was resurfaced recently, the crosswalk was removed, and the crossing guard was shifted the equivalent of three blocks west to the traffic light at Shoemaker Ave.

Chris notes that despite the removal, people continue to cross at that intersection just as they always have, sometimes stepping out in front of oncoming traffic expecting traffic to stop as if it was a marked crosswalk.

It should be noted that under California law, there is a crosswalk at every intersection, marked or not. The only exception is if there is signage prohibiting crossing, which doesn’t seem to be the case here. 

Now two people are dead, apparently because local traffic planners ignored historic pedestrian patterns and removed a marked crosswalk, despite the need for residents to cross the street.

Two more victims to a world where motor vehicles are valued more than people. 

Update 2: Chris K adds that the florescent yellow signage pointing to the crosswalk remains in place, even though the crosswalk itself is gone, creating a confusing situation. 

Update 3: KABC-7 has identified the victims as 23-year old Giovanni Xavier Chaidez and 20 year-old Rosibel Montoya, no hometown given. According to a live report on the station Sunday night, the driver is not expected to be charged. 

Maybe someone can explain that one to me someday. Because unless the victims somehow leapt out into the roadway without warning, the driver should have been able to see them and stop in time.

Bike events: Ballona bird-watching ride, Spoke(n) Art Ride, SFVBC Campagni ride, but no Marathon Crash Race

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, April 1st at 6501 Fountain Ave.

It should be perfect birding weather this Saturday, March 8th when the Ballona Land Trust hosts a free bird-watching bike tour of Ballona Creek and the Ballona Wetlands. Grab your binoculars and meet at the Duquesne Ave Bridge over Ballona Creek at 10 am; other access points include the Overland Bridge and the end of McConnell Ave, where the ride will pause briefly to allow others to join in. RSVP to landtrust@ballona.org for any last minute changes.

Flying Pigeon hosts their monthly Spoke(n) Art ride this Saturday, March 8th, offering a free, slow paced tour of NELA art galleries. The ride meets at Flying Pigeon, 3404 N. Figueroa, at 6 pm, departing at 6:45.

CANCELLED DUE TO UNFORGIVING CITY BUREAUCRACY Sunday, March 9th marks the return of the LA Marathon — and the world-famous Wolfpack Hustle: The Marathon Crash Race. As always, the ride meets at 3 am at Tang’s Donuts, 4341 W Sunset Blvd, rolling at 4 am through the closed marathon course to the coast.

The San Fernando Valley Bike Club offers a twice monthly Campagni Group Ride — Italian for companion — on the second and fourth Sunday of every month; the next ride takes place on Sunday, March 9th. Click here for more details (footnote d); lots of other great sounding rides on the list, too.

Join C.I.C.L.E. on Friday, March 14th for the ArtNight Pasadena ride to some of the city’s best museums, galleries and exhibits. The ride meets at 6:30 pm at Memorial Park Pasadena, Raymond Ave and Holly Street, departing at 7 pm.

C.I.C.L.E. hosts The Way Back When Ride: La Puente, co-sponsored by Metro and Bike SGV, on Saturday, March 15th. 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.

Ride to support LA cyclist Albert Soto in his battle with cancer on Saturday, March 15th. Meet at La Placita Olvera- La Golondrinas across from Union Station in Downtown LA at 11 am, rolling at noon.

The Encino Velodrome is hosting a Bicycle Swap Meet and Fun Race Day on Saturday the 15th, 17301 Oxnard Street.

Finish up the day with the first Streetsblog fundraiser of the year from 6 to 9 pm on Saturday, March 15th as they honor Streetsie Award winner Paul Backstrom, Transportation Deputy to Westside Councilmember Mike Bonin. The event, with a suggested donation of $100, will include Indian food, beer, wine and non-alcoholic beverages; location provided upon RSVP to Damien@streetsblog.org.

The City of Los Angeles will host a series of neighbor workshops to collect feedback on the Mobility Plan 2035, re:code LA and the Plan for a Healthy Los Angeles; the Mobility Plan especially will impact the future of bicycling in the city. Click here for addresses and other information (pdf).

  • North Los Angeles, 9 am to noon on Saturday, March 15th
  • Central, 5 to 8 pm on Wednesday, March 19th
  • South Los Angeles, 9 am to noon on Saturday, March 22nd
  • East, 9 am to noon on Saturday, March 29th
  • West, 6 to 9 pm on Wednesday, April 2nd
  • South Valley, 9 am to noon on Saturday, April 5th
  • Harbor, 10 am to 1 pm on Saturday, April 12th

Mark your calendar for Saturday, March 22nd from 11 am to 3 pm when Swrve, LA’s favorite non-spandex bikewear manufacturer hosts a warehouse sale; location TBD.

Test your legs against the city’s best with the annual Fargo Street Hill Climb sponsored by the Los Angeles Wheelmen on Sunday, March 23rd at 9 am. The Eastside Bike Club and Stan’s Bike Shop are hosting a ride to the event, meeting at Stan’s Bike Shop, 880 Myrtle Ave in Monrovia; meeting at 7:30 am and rolling at 8 am.

The LACBC’s Civic Engagement Committee meets on the last Tuesday of every month to discuss how bike riders can influence the political process. The next meeting rescheduled for Tuesday, March 25th, at 6:45 pm, 634 S. Spring Street in Downtown LA.

Saturday, March 29th, take a bike tour of the city’s seven bike co-ops with the Tour de Co-Ops 2014; optional $35 fee includes t-shirt, food at every stop, and dinner and a drink at the after party.

Lovers of Bikes & Beers should head to San Diego on Saturday, March 29th. The $45 event offers four start times, from 9:30 am to 11 am; the 26 mile ride will feature stops at some of the city’s best brew houses.

Gear up for the April CicLAvia by heading down to San Diego for CicloSDias, the open streets equivalent in our neighbor to the south on Sunday, March 30th from 10 am to 3 pm in Pacific Beach.

The 30th annual Redlands Bicycle Classic rolls from Wednesday, April 2nd to Sunday, April 6th offering some of the nation’s best amateur and professional bike racing.

The National Open Streets Summit is scheduled for Friday, April 4th through Sunday, April 6th at the Line Hotel, 3515 Wilshire Blvd 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.

Fans of the Amgen Tour of California can ride the same official Stage 8 course the pros will when the L’Etape du California rolls on Sunday, April 6th in Thousand Oaks. Entry is limited to the first 1,500 riders to register.

Walk ‘n Rollers teams up with the LACBC to present the free 2014 South LA Kids Bike Festival on Sunday, April 13th from 11 am to 2 pm at the Foshay Learning Center, 3751 S. Harvard Blvd. The fun family event will focus on developing safe riding skills; a limited supply of bikes and helmets will be available to borrow.

The MOM Ridaz are volunteering to feed the homeless at the 3rd annual Sweet Home Sundae Bar sponsored by the Fred Jordan Missions and Rowe Cuisine on Saturday, April 19th from 10 am to 2 pm; two or possibly three feeder rides will lead to the event. If you’d like to volunteer, email info@rowecuisine.com with your name, e-mail and shirt size no later than April 1st 1. I can’t imagine a better cause.

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.

On February 17th of last year, Damian Kevitt was hit by a minivan while riding his bike in Griffith Park. The driver attempted to flee the scene with Kevitt trapped under the vehicle, dragging him nearly 600 feet onto the 5 Freeway and leaving him for dead; the resulting injuries cost him a leg, and nearly took his life. On Sunday, April 27th, Kevitt is planning to finish the ride to raise funds for the Los Angeles County Bicycle Coalition and the Challenged Athletes Foundation.

The Ride 2 Recovery to benefit wounded vets returns to Southern California on Saturday, May 3rd in Thousand Oaks. The ride departs from the Lost Hills Sheriff Station, 27050 Agoura Hills Road, starting at 8 am; no cost for injured vets.

Saturday, May 10th, CICLE, the Eastside Bike Club and Stan’s Bike Shop are leading a family-friendly community ride to celebrate the grand opening of the first protected bike lanes in the San Gabriel Valley. More details to follow.

The Amgen Tour of California runs from Sunday, May 11th to Sunday, May 18th, starting in Sacramento. Three SoCal stages are planned, Friday May 16th, Santa Clarita to Mountain High; Saturday May 16th, Santa Clarita to Pasadena, and the final stage on Sunday the 18th in Thousand Oaks. There are also two women’s races scheduled, in Sacramento on May 11th and on the 12th in Folsom.

Bike Week 2014 is set to unfold the week of May 12th, with preview events on Saturday the 10th and Sunday the 11th.

  • May 10th: Get Ready and Fix Your Bike!
  • May 11th: Bicycling is for Everyone Celebration!
  • May 12th: Kick-off Bike Week LA
  • May 13th: Blessing of the Bicycles
  • May 14th: Guided Ride Day: Bike Lanes and More!
  • May 15th: Bike to Work Day
  • May 12th-18th: Bike Local Discounts

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.

Mark your calendar for the Peace Love & Family Ride for Crohn’s and Obesity in South LA on July 5th and 6th. Great cause; more details when they become available.

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.

Update: 70-year old Whittier bike rider succumbs to his injuries

Collision scene suggests Ornelas was riding in the street, not on sidewalk; photo by Danny Gamboa.

Collision scene suggests Ornelas was riding in the street, not on sidewalk; photo by Danny Gamboa.

More bad news.

Last night we mentioned that a 70-year old Whittier bike rider suffered severe injuries in a collision yesterday afternoon, noting that early reports said the victim’s injuries weren’t considered life-threatening.

Sadly, that wasn’t the case. Word came today that he died of his injuries.

According to the Whittier Daily News, the victim, who has not been publicly identified, was riding on Lambert Road just south of in Washington Blvd around 1:30 pm when he was struck by a Toyota Ridgeline and dragged several yards.

The paper reports he was was riding to work with a co-worker when he was struck. They were riding against traffic, though it’s not clear if they were riding in the street or on the sidewalk at the time of the collision.

The driver, identified only as a man in his 60s, was leaving the Home Depot parking lot and making a right turn onto Lambert when the collision occurred. He claimed to be unaware that he had struck anyone, driving several yards before stopping when he heard a grinding noise coming from under the truck.

As others have pointed out, it’s possible that he was looking left as he turned right, and may not have seen the bike riders coming from the other direction.

He was alert and stable when taken to the hospital; what happened afterwards that led to his death is unknown at this time.

Hopefully, the Daily News will update their story with more information.

I’m told a ghost bike will be installed at the site of the collision at 9 pm tonight.

This is the 21st bicycling fatality in Southern California this year, and the eighth already this year in Los Angeles County. It’s also third cyclist killed in Whittier since 2012.

Update: The Daily News confirms that the victim, identified as 70-year old Whittier resident Arturo Alfredo Ornelas, died at County USC Medical Center less than an hour after the collision.

Update 2: After examining the scene, Danny Gamboa reports Ornelas was dragged approximately 150 feet — half the length of a football field. 

Update 3: This morning I received the following comment from a witness to the collision. 

Having a first hand account as an eyewitness to this tragedy. One thing that wasn’t included is that the driver rolled the stop. Working next door, I see drivers run that stop all the time. If the driver had come to a complete stop – he would have seen the cyclist riding on the sidewalk. Some of the simple rules of looking both ways when making a turn were not followed. It is easy to blame the cyclist when it’s convenient.

Meanwhile, Danny Gamboa forwards this comment from another witness.

My deepest sympathy and prayers for Arturo Ornelas and his loved ones.

Groove carved in pavement by dragging bike under truck; photo by Danny Gamboa.

Groove carved in pavement by dragging bike under truck; photo by Danny Gamboa.

Ghost bike for Arturo Alfredo Ornelas; photo by Danny Gamboa.

Ghost bike for Arturo Alfredo Ornelas; photo by Danny Gamboa.

………..

On another note, my deepest sympathy to the LAPD on the loss of an officer in a traffic collision today, and my prayers for him and his loved ones.

Morning Links: Killer Chula Vista driver had multiple priors, faces up to 15 years; and not so fast on Olin case

Prepare to get mad.

The accused drunk driver who killed Chula Vista cyclist David Voight earlier this week was on probation at the time of the collision, and had been convicted of meth possession two months ago. And he was still on the streets — in a stolen car — despite at least seven other previous felony charges.

San Diego’s NBC-7 reports Michael Reyes faces five counts, including gross vehicular manslaughter while intoxicated, car theft and possession of methamphetamine, with a maximum sentence of 15 years and 4 months.

Reyes family expressed their sympathy for the victim’s family, explaining that he’d had many “life difficulties” in the past year.

……….

The Thousand Oaks Acorn goes back on an earlier story saying the sheriff’s investigation into the death of cyclist Milt Olin, killed in a collision with a sheriff’s deputy last December, had gone to the DA’s office for evaluation. According to today’s correction, the report is expected to go to the DA in the near future.

……….

A 70-year old Whittier cyclist suffered severe injuries when he was hit and dragged by the driver of a pickup truck; reportedly the driver kept going because he thought he hit a curb. Reports were the victim was riding salmon, though how any driver could be unaware he hit someone coming right at him is beyond me. Initial reports were that the victim’s injuries were not life-threatening.

………

Latest word is that representatives of Wolfpack Hustle were on their way to city hall in a last ditch effort to save this year’s Marathon Crash Race. Funny how every department spokesperson for the city seems to point the finger at race organizers and/or city bureaucracy to deflect any responsibility for this massive snafu.

And you do know what snafu stands for, right?

………

writer for the LADOT Bike Blog gets doored, but doesn’t seem to realize he was the victim of a hit-and-run. Speaking of LADOT, the department unveils their new campaign to fight trash cans in the bike lane. And the department’s Nate Baird moves on to a new job in Long Beach; he’ll be sorely missed.A bike rider was stabbed to death in Norwalk in an apparent gang attack.

………

Bad news for LA area bike riders and pedestrians, as changes in Federal funding programs force Metro to renege on prior commitments to fund 49 projects in the county.

A UCLA bike commuter helps two injured cyclists the same day.

NELA’s York Blvd bike lanes will be extended to connect with lanes in South Pasadena.

The LACBC’s Operation Firefly gives out free bike lights in Glendale.

What the…? A Rancho Cucamonga letter writer somehow hallucinates that last year’s death of Cal Poly cyclist Ivan Aguilar had something, anything, to do with road raging bike riders.

In what seems to be a first anywhere, bike thefts are actually down at Cal State Fullerton.

Thousand Oaks needs volunteers for the final stage of this year’s Amgen Tour of California.

Two bikes worth $18,000 were stolen from an office in Valencia last weekend.

Santa Barbara County gets its first green bike lane in Goleta.

Good news for a change, as a Pleasanton cyclist’s riding companions team with a passer-by to save him from a heart attack.

Women now make up the majority of family cyclists.

That disassembled Pee-wee Herman bike sold for over $36,000.

The NYPD finally discovers that sometimes, pedestrians do in fact have the right of way.

The first line sums it up nicely: Virginia is for lovers, but it’s not always for bikes.

Two teenage girls are arrested for nearly decapitating a Brit bike rider with a rope strung across a trail.

Ford will partner with Dahon to develop a line of folding bikes designed to fit into the company’s cars.

Aussie cyclists struggle to get fair treatment from investigators following traffic collisions. Actually, you could write that same story just about anywhere.

Finally, an Alaskan cyclist smashes the record for the 1,000-mile Iditarod human — not dog — powered race across the Alaskan backcountry. I wonder if his record had anything to do with the unusually warm weather that’s left many stretches of the course void of snow and ice?

Beverly Hills tells bicyclists to drop dead; LAPD to focus — finally — on traffic violations this year

Screw bike riders.

That was the message sent last night by notoriously bike-unfriendly Beverly Hills in refusing to incorporate bike lanes in next year’s planned reconstruction of Santa Monica Blvd.

Even though the reconstruction gives the city a once-in-a-lifetime opportunity to fix one of the region’s most congested and dysfunctionally incomplete streets.

And even though it could be done for pennies on the dollar during the massive reconstruction project.

And even though it would connect the bike lanes that currently exist on the boulevard on either side of the city, completing the gap that exists between bike lanes in West Hollywood and Century City.

And even though Beverly Hills traffic already makes it the most dangerous city of its size in the state of California.

Oddly, several of the city’s council members expressed their concern for the safety of cyclists before voting to ignore their needs.

We’ll let Better Bike’s Mark Elliot, who led the seemingly Sisyphean fight in this over-privileged Mayberry tell the whole disturbing and dystopian tale.

The question is, what can we do going forward?

Personally, I think it’s long past time for a worldwide boycott of the Biking Black Hole, where the dollars of those on bikes seem to be valued far below those who arrive in Bentleys and luxury SUVs.

Maybe they’ll wake up if they start seeing hotel cancellations, as domestic and foreign bike riders choose to spend their money somewhere else. Or when the annual Gran Fondo gets moved to out of Beverly Hills because cyclists refuse to support a city that refuses to support us.

Or maybe the answer is to take a page from their own playbook, where seemingly endless lawsuits have attempted to derail the planned subway-sort-of-to-the-sea.

I don’t know if there are legal grounds to sue Beverly Hills for its hard-hearted failure to find room for bike riders on the rebuilt street, even if it does seem to conflict with the state’s requirement to consider complete streets in any road construction project. Or to accommodate all road users on streets that belong to more than just motor vehicle operators.

Maybe there’s a lawyer out there who’d like answer those questions.

But if nothing else, a lawsuit might delay their plans just enough to make it easier to compromise with bike supporters than fight.

It wouldn’t be cheap.

But that’s one Kickstarter I’d be happy to contribute to.

……….

More on last night’s breaking news that the extremely popular Wolfpack Hustle Marathon Crash Race has been cancelled, at least for this year.

And the way these things seem to go, possibly forever.

The finger is being pointed at a fear of liability in a notoriously risk-averse city. But as noted last night, I suspect there’s more going on behind the scenes than we may yet be aware of.

Like maybe a wealthy marathon operator upset about those damn bikes piggybacking on their event. Especially when they’re not getting the profits.

Meanwhile, word is some riders intend to crash the route anyway.

……….

The LA City Council celebrated the city’s first Complete Streets Day on Wednesday.

Which seems odd, since so many council members seem to be actively opposing complete streets on Westwood Blvd, north and south Figueroa, and Lankershim Blvd, as well as a new and improved bike-friendly 4th Street.

I’m sure Councilmembers Koretz, Cedillo, Price and LaBonge wholeheartedly support complete streets.

As long as they’re in someone else’s district.

……….

For years, bike and pedestrian advocates have called on police to increase enforcement of traffic laws in an attempt to rein in the wild west mentality on our streets, where too many drivers feel entitled to do anything they damn well please — too often to the detriment of those they share those streets with.

Finally, LAPD Chief Beck is in agreement, declaring this the “year of traffic” with stepped-up enforcement of traffic regulations, including a crackdown on hit-and-runs.

While that’s good news for cyclists who have share the road with dangerous drivers, remember the knife cuts both ways.

Representatives of the department have often said they are required to enforce the law equally. Which means if they see you go through a red light or stop sign, you’re likely to get a ticket, just like a driver would for the same offense.

……….

Writing for Flying Pigeon, Rick Risemberg fears support for bicycling is backsliding under the Garcetti administration — echoing exactly what I’ve been thinking for the past several months.

Shockingly, the Weekly discovers a group of cyclists who like to get high and ride. Who could have ever imagined?

Bike safety is an issue around USC, as a cyclist is injured in a collision near campus.

Bikable streets spread further east as Pomona approves the city’s first bike and pedestrian plan.

The 84-year old Newport Beach driver who killed cyclist Debra Deem — claiming he just didn’t see her — entered a not guilty plea to a single count of vehicular manslaughter without gross negligence. If convicted, he faces just one year in jail; Deem’s sister doesn’t think that’s enough.

Plans call for extending an Orange County protected bikeway.

You can contribute to help Riverside cyclist Travis Freeman recover from a serious cycling injury.

This simple bar chart clearly illustrates the relative affordability of protected bike lanes. And as long as we’re talking charts, this one from the UK kind of puts the relative risk posed by cyclists in perspective.

You could own Pee-wee’s bike, some assembly required.

It’s sad to think a bike advocacy group is going out of business after 40 years when bicycling is finally on the rise.

In what seems like at least a minor miracle, Brooklyn police begin ticketing drivers who park in bike lanes.

A Florida man waves at a motorist, who responds by plowing into him and fleeing the scene.

In what may be one of the most intentionally offensive public safety spots I’ve seen, Britain’s Top Gear attempts to teach cyclists the difference between red and green. While we all need to observe traffic signals, very few cycling fatalities are the result of riders blowing through red lights; far more often, it’s a driver who fails to stop and kills an innocent victim. So for the boys at Top Gear — and I say this from the bottom of my heart — fuck you. No, seriously.

A UK bike rider is the victim of an anti-bike terrorist attack when someone strings a rope across a walkway at neck level. Oddly, despite Top Gear’s insistence, there is nothing to suggest that she ran a red light before nearly being decapitated.

Finally, South African cyclists face charges in the road rage attack against a van driver. No matter how angry you are or how justified you feel, always — always — resist the temptation to resort to violence, as hard as it may be sometimes.

Which is not to say I’m an angel; I’ve called drivers every name in the book, including some I’ve made up on the spot.

Then again, they aren’t always the problem.

Make Sure You’re Protected Before You Need To Be

Jim Pocrass, Pocrass & De Los Reyes LLP

Jim Pocrass, Pocrass & De Los Reyes LLP

Bikes Have Rights™
By James L. Pocrass, Esq.
Pocrass & De Los Reyes LLP 

 

I recently represented a cyclist who was the victim of a hit and run accident that broke almost every bone in his body and caused traumatic brain injuries. The driver of the car turned out to be a 19-year-old woman who was driving drunk. She claimed not to have known that she hit my client, in spite of his leaving nine teeth in her SUV’s back seat.

My client’s medical bills were astronomical and because of the brain injuries, his life would never be same. The compensation my client received from this case would be his primary source of income for the rest of his life. The woman’s insurance company wanted to settle the claim for “policy limits,” which is the maximum amount they are required to compensate a victim of serious personal injuries or even a wrongful death.

Policy limits is how much insurance you bought in a specific category. In California, you are required to carry car insurance of $15,000 per person for bodily injury liability; $30,000 per accident, which covers all persons hurt in one accident; and $5,000 for property damage liability for one accident. It is likely that your insurance policy includes a minimal amount of uninsured and under-insured auto insurance, but rarely is it a significant amount.

If you suffer catastrophic personal injuries or a family member is lost in a wrongful death due to a motor vehicle accident (car, bicycle, motorcycle, truck, bus, boat), your damages (medical and economic) could cost hundreds of thousands – or even millions – of dollars.

The person who was negligent is responsible for your damages. (In some cases, negligence may include one or more companies or a public entity like the state or a county, but for the purposes of this article we are focusing on individual drivers.) Their insurance company will cover those damages only to the limits of the individual’s insurance policy.

If the person who caused your accident owns a house or other property, you may be able to recover some monies from them after a long and expensive court process. You might even be able to garnish any money they earn or receive in the future.

But many drivers own nothing – or not enough – to ever come close to compensating you for your injuries or for your lost loved one.  You will be on your own to pay your medical and therapy bills, to subsidize your living expenses either for the short or long-term, to pay childcare expenses, and to replace your destroyed property.

The best way to protect yourself from this disaster is to carry as much uninsured and under-insured auto insurance as your insurance company will permit you to buy. The cost is pennies on the dollar.  The more you have to lose (meaning the more you own or could own in the future), the more uninsured and under-insured auto insurance you should have.

Uninsured and under-insured auto insurance protects you when you are hit by a driver who has no insurance (and a Los Angeles County sheriff told me recently that in approximately 50 percent of all motor vehicle accidents he sees the driver is uninsured). It also kicks in when you reach the maximum the OTHER driver’s insurance will pay. It compensates you for the difference between what the other driver’s policy limit is and the actual compensation you need to recoup from the damages caused by the accident.

Uninsured and under-insured auto insurance also protects you if you suffer serious personal injuries (or worse) in a hit-and-run accident. With the frightening rise in hit-and-runs, it is critical that you protect yourself.

In my client’s case, I was able to negotiate additional monies from the woman’s family. Though I was able to recover a multi-million dollar settlement for this client, it is still nowhere near what he should have received considering the damages she inflicted on him and for which he will have to live with for the rest of his life.

My hope for you is that you never need to use your uninsured and under-insured auto insurance, but I urge you strongly to get as much uninsured and under-insurance auto coverage that your insurance company will allow you to purchase, before you need it.

*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 of America and to Southern California Super Lawyers 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.*

*sponsored post