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.

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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.

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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.

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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?

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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.

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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.

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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.

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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.

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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.

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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

Morning links: Lurking storm debris, a victory for our southern neighbors, and LA kills the Marathon Crash race

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

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A Burbank writer reminds us that dangers can hide in a seemingly innocuous pile of wet leaves. Meanwhile, Patrick Pascal send photographic proof of the damage and debris lurking on area bike trails following last weekend’s storm.

Post-storm debris on the LA River bike path; photo by Patrick Pascal.

Post-storm debris on the LA River bike path; photo by Patrick Pascal.

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So, neither Santa Monica Spoke’s Cynthia Rose or BikeSD’s Sam Ollinger won the award for Bike Advocate of the Year, which went to Nelle Pierson of the Washington Area Bicyclist Association.

On the other hand, the organization Ollinger founded won for Advocacy Organization of the Year.

Maybe next year they’ll have an award for bike news/advocacy website of the year. It could happen.

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Bad news, as the annual — and extremely popular — Marathon Crash Race has been cancelled at the demand of city officials, despite repeated efforts to work with the city. Shockingly, after a year of planning, Bureau of Street Services officials threatened organizers with arrest if the ride went on as planned.

Oddly, I didn’t know BSS had the authority to arrest anyone. Or that they were running the city now.

Who knew the city was going to become leo much ess fun and bike-friendly under the Garcetti administration?

It should also be noted that the Marathon Crash Race only came into existence after 2009 when the new owner of the LA Marathon, Frank McCourt, cancelled the popular Los Angeles Bike Tour that had proceeded the marathon since 1995.

Maybe the real bad guy here is the very rich, influential and extremely unpopular former Dodgers owner.

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Flying Pigeon hosts the monthly Spoke(n) Art ride this Saturday; the same day, the Ballona Land Trust is hosting a bird-watching bike ride on the Ballona Creek bike path and Ballona Wetlands.

A memorial service was held last week for fallen cyclist and Cal Poly Pomona student Ivan Aguilar. Nice to see he hasn’t been forgotten, and that real changes are being made to improve bike and pedestrian safety on campus.

Here’s your chance to offer your input on the draft Newport Beach Bicycle Master Plan.

It’s been a bad few days in San Diego, as a bike rider gets stabbed following an argument on a trolley platform, and another rider suffers life-threatening injuries in an apparent solo fall.

Temecula’s Sarah Hammer wins her second consecutive world omnium title at the UCI Track World Championships.

Red Kite Prayer asks if it’s too soon to forgive Levi Leipheimer and other members of Generation EPO. I have an unopened poster autographed by Leipheimer that I can’t decide what to do with since it’s sure as hell not going on my wall.

Advice on how to ride comfortably in the rain. I used to regularly ride in the worst weather until one day it occurred to me I didn’t have to; hats off to those who do.

People for Bikes says every cyclist riding on a sidewalk is a vote for a protected bike lane, which says a lot about Northeast LA.

Topeka could raise its draconian 5 mph speed limit for bikes on the sidewalks; I have a hard time riding mine that slowly without falling over.

Why Virginia cyclists are screwed by a system that treats scofflaw riders equally to dangerous drivers.

The Guardian goes on a search for the most bike-friendly metropolis, and finds the US still coping with the aftermath of the not-so-swinging vehicular cycling ‘70s.

A long-time London bike shop has stopped allowing customers into the store without first passing through a reception area to stop people from shopping in the store and then buying online. Yes, you may be able to save money online, but it will cost you in service for the life of your bike.

A 94-year old UK rider is killed in a collision with a car — just 100 yards from where his brother was killed in 1945.

Road raging South African cyclists are caught on video attacking a van driver. Seriously, don’t do that.

Not surprisingly, Aussie women prefer safer riding routes; on the other hand, a Kiwi cyclist says ban cyclists from a popular trail.

Finally, thanks to former pro cyclist Phil Gaimon, your next riding jersey could implore drivers not to run you over.

I could have used that one myself awhile back.

An open letter to the Beverly Hills City Council

I had planned to attend tonight’s meeting of the Beverly Hills City Council to voice my support for bike lanes on Santa Monica Blvd through the city, closing the gap between existing lanes in West Hollywood and Century City when the street is reconstructed next year.

Unfortunately, I am unable to attend tonight. So I’d like to share my thoughts with the Council Members here.

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Dear Beverly Hills City Council Members,

I am not a resident of your city.

Yet I frequently find myself traveling through Beverly Hills on my way to meetings in Downtown LA, whether by bike, bus or car. Whenever possible, I prefer to travel by bicycle; I find it more convenient, safer and less stressful than other means of travel.

With one major exception.

The journey through Beverly Hills is usually, by far, the most dangerous part of my trip.

That is not to say that some parts of my trip through the city aren’t safe and enjoyable. The bike lanes that were recently painted on Burton Way are among the best in the LA area; wide enough to keep riders out of the door zone, while moving us safely out of the way of traffic.

The problem is getting to them.

When travelling east from Century City, cyclists have only a handful options to pass through Beverly Hills.

Olympic Blvd is a high speed thoroughfare much of the day, yet dangerously over-congested during the long rush hour periods, safe for bike travel only at night or on weekends.

Charleville Blvd is a safer alternative, though it forces cyclists to either stop at every intersection or flaunt the law in order to conserve energy, while dodging impatient drivers unwilling to share the road. But it takes riders too far south to connect with those bike lanes on Burton Way.

Wilshire Blvd is simply too congested, dangerously unridable most of the day.

Little Santa Monica through the Golden Triangle connects directly with the Burton Way bike lanes, but the narrow traffic lanes force cyclists to ride directly in front of aggressive, and too often, angry motorists. It is an unpleasant place to ride during the day, and dangerous at rush hour.

As a result, many riders prefer Santa Monica Blvd, even though it currently offers a cramped space for cyclists next to traffic that can vary from high speed to severely congested, often in a matter of blocks. And puts riders at risk of being cut off by frequent buses and both left and right-turning vehicles, whose often out-of-town drivers aren’t looking for bicycles on such a busy street.

Carmelita and Elevado Avenues offer much more pleasant options, but again have the disadvantage of having stop signs on every block, and are too far north to provide a viable alternative for most riders.

We need a safe route through your city. We need bike lanes on Santa Monica Boulevard.

By installing bike lanes on Santa Monica, you will provide bike riders with a safe, convenient route through the heart of Beverly Hills, while creating a single, nearly continuous bikeway from the 405 Freeway to east of La Cienega in West Hollywood. The resulting Westside bikeway will bring bike riders — and their spending power — into the heart of Beverly Hills.

Meanwhile, pass-through riders will be easily able continue on to West Hollywood or Century City, or drop down a single block to connect with the bike lanes on Burton Way.

In addition, you will improve safety and traffic flow on Santa Monica by moving cyclists out of the way of traffic — not just on Santa Monica, but on all the streets mentioned above, as cyclists will be encouraged to take Santa Monica rather than streets like Charleville or Little Santa Monica.

In fact, studies have shown that painted bike lanes reduce injuries for all road users by as much as 50% — and up to 90% for protected bike lanes. Bike lanes also act as traffic control devices by channelizing both cyclists and motorists into their own separate spaces and encouraging compliance with traffic regulations.

And bike lanes are a vital step in transforming Santa Monica Blvd from today’s traffic-congested barrier blocking access to the rest of the city, to a complete street that will enhance livability for residents and encourage the tourism local businesses depend on.

Best of all, next year’s planned reconstruction of the boulevard provides a rare opportunity to implement bike lanes at virtually no additional cost, saving future generations the cost of adding them later to correct your mistake if you fail to vote in favor of them tonight.

In fact, a vote in favor of bike lanes creates a unique opportunity in which everyone benefits — motorists and residents, tourists and businesses owners. As well as bike riders who want to pass through the city, and those who want to stop and frequent the city’s many shops and cafés.

I urge you to do the right thing. And cast your vote tonight for a better, safer and more livable future for everyone who lives, visits or passes through Beverly Hills.

Sincerely,

Ted Rogers
BikinginLA.com

Update: Chula Vista bike rider killed by drunk driver in stolen car

A drunk driver. A stolen car. A dead cyclist.

A San Diego area bike rider has lost his life at the hands of a criminal apparently too drunk to control the car he stole.

According to the San Diego Union-Tribune, 29-year old Michael Reyes was traveling westbound on Chula Vista’s East J Street at Dennis Avenue around 4:15 pm Monday when he somehow crossed into oncoming traffic. He hit cyclist head-on before crossing over the sidewalk and crashing into a utility pole.

Reyes allegedly admitted to the police that he had been drinking, and that the silver Nissan Maxima  he was driving had been stolen earlier that afternoon. Inside the car, police found property that appeared to come from other car burglaries.

The 44-year old bike rider, who has not been publicly identified, was taken to UC San Diego Medical Center where he died.

There was nothing the victim could have done to avoid the collision. He does not appear to have done anything to contribute in any way to his own death, other than being in the wrong place at the wrong time, sharing the same planet with a drunk on a crime spree.

If there is any justice, his killer won’t be back behind the wheel of any car, stolen or otherwise, for a very long time.

This is the 20th bicycling fatality in Southern California this year, and the first in San Diego County. This is also the fourth cyclist killed in Chula Vista since 2012.

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

Update: The victim has been identified as 44-year old Chula Vista resident David Voight. According to San Diego’s 10News, Voight was a regular bike commuter, and was just eight blocks from his home when he was killed.