Tag Archive for bicycling

Dahab arraigned, CA cops under no obligation to investigate or report, and Santa left a bunch of links

December 28, 2011 / / Comments Off on Dahab arraigned, CA cops under no obligation to investigate or report, and Santa left a bunch of links

Catching up on lots of bike and semi-bike related stuff left over from the pre- and post holiday madness.

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Cyclist and attorney Dj Wheels attended the arraignment hearing for Christine Dahab, the driver accused in the allegedly drunken/distracted collision that injured 11 or more riders in Culver City last June.

At the arraignment, Dahab’s attorney entered a not guilty plea on her behalf and set a date of January 13, 2012 for a preliminary setting at 8:30am in Dept. 142.

When the issue of setting bail came up the defense attorney suggested the bail NOT be set at the scheduled guideline amount of over 300k and that the court use its discretion in setting bail at an amount between 50-60k, which would be fair considering a number of factors that he says showed that Dahab was not a danger to society nor a flight risk, such as: she has a 7 yr old daughter to care for, she has lived and worked on the Westside of LA her whole life, currently works as a server at a restaurant in Marina Del Rey, the fact that the collision was the result of carelessness and not purposeful intent to harm, she has no prior convictions whatsoever, only had a .07 BAC, police reports indicate that perhaps cyclists were also at fault for being in the roadway and standing under a streetlight that was out.

After a sidebar with the Judge and attorneys, the prosecutor objected citing the numerous serious injuries, the fact that the .07 was recorded hours after the incident occurred and most likely was above the legal limit at the time.  The DA also noted that there were open containers of alcohol in the vehicle as well as empty prescription bottles for medical marijuana and even an empty Yoshinoya cup that also had traces of alcohol in it.  He insisted that the bail be set at the suggested scheduled amount per the guidelines.

Ultimately the judge agreed that bail needed to be set, but not at the amount suggested by defense counsel. So she set it at 100,000. Dahab was taken into custody at the end of the hearing. She had a group of five or six people there with her including what appeared to be a mother and a boyfriend.

Christine Dahab was released after posting a bond on her 100k bail sometime in the early afternoon, according to the Sheriff’s inmate locator page.

Wheels suggests it could take some time for Dahab’s attorney to dig through all the various — and possibly conflicting — reports from the LAPD and CCPD in this case.

So I wouldn’t count on an early resolution.

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Meanwhile, Century City bankruptcy attorney and cyclist Stanley E. Goldich sends word that a California court has ruled that police officers are under no obligation to gather information or file a report on a collision — even if they promise the victim they will.

A California Court of appeal ruling relating to a collision between a car and motorcycle on Encinal where the police officer covered up and destroyed the information on the driver of the car who hit the motorcyclist.  The Court held there was no liability because (1) there was no duty to file a report – the CHP Accident Manual requiring filing of a report did not have the force of law, (2) the fact that policeman promised to get the information on the driver and the injured motorcyclist relied on this did not create a special relationship and (3) there was no tort claim for spoliation of evidence because of the immunity of the government.

As Goldich points out, it’s worth knowing that you can’t always rely on the police to get the necessary information following a collision, even if there’s a serious injury.

Actually, it’s kind of scary.

He adds that he stopped at the scene of a recent collision on Ocean Ave in Santa Monica in which a rider in the bike lane was right-hooked by a driver attempting to pull into a parking space.

Since the rider was not seriously injured, the police told Goldich they wouldn’t be filing a report — leaving the cyclist on his own to gather information. And a little too late, since the only witness had already left the scene, and the driver was refusing to admit anything.

Fortunately, the victim had a working GPS which should provide evidence of how the collision occurred. But it’s just another example of how you can’t always count on the police to provide the information you need following a collision.

And it’s up to you to get the driver’s license and insurance information, as well as contact information for any witnesses — even if you’re still confused or in pain following the impact.

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A couple of interesting looks at becoming a bike commuter, as L.A. expat Amanda Lipsey relates her journey to a car-free lifestyle and Development Director for Adventure Cycling. And a DC writer says it takes a village.

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Writing for the Wall Street Journal, sportswriter Jason Gay says everyone should get lit this New Years. At least when it comes to biking.

Don’t let anyone tell you that lights aren’t cool. Here’s what’s not cool: ambulance rides.

This easy resolution may save your life, without you even realizing it.

I’ve kind of avoided the Journal since Rupert took over. But as long as Mr. Gay sticks around, I may want to take another look.

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Great feature in the new Los Angeles Magazine on UCLA professor and parking rock star Donald Shoup and the high toll automobile parking takes on cities — especially right here in Los Angeles, with more parking per acre Downtown than any other city on earth.

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L.A. bike advocate and recent candidate for city council Stephen Box celebrates the holidays as a proud new papa. Cyclists aren’t always the good guys, as a bike rider shoots and kills a man in South L.A. Richard Risemberg criticizes the same crumbling Imperial Highway bike lanes I wrote about last March. A Santa Monica columnist criticizes “arrogant creeps” and “clowns” on “multi-speed bikes” after a bad experience with a jerk on the beachfront bike path. Warner Center envisions new bike and walking paths to connect with the L.A. River. Canoga Park gets more bike racks. Claremont forms a new community bike group, with an inaugural ride Sunday, January 8th; link courtesy of the Claremont Cyclist. Claremont’s Safe Routes to School program will be sponsoring a League of American Bicyclists-approved bike safety training program for adult riders at the end of next month.

An Orange County cyclist was critically injured in a Santa Ana collision Christmas evening. A 12-year old San Diego boy suffers a broken leg when his bike is struck by a hit-and-run driver. San Diego’s Brown Girl in the Lane strikes a chord with readers around the world as she takes Vehicular Cyclists to task, and more than once. Cyclocross comes to Cal State San Marcos next month. Cyclelicious looks at the conflicts between cyclists and the Santa Cruz Sierra Club. San Jose firemen fix up a tricycle to give to a disabled friend.

Bob Mionske takes Californian Governor Jerry Brown to task for endangering cyclists by joining Texas Governor Rick Perry as the only state leaders to veto the three-foot passing law. Apparently, American youth have fallen out of love with the automobile. Bicycling (upper case) offers 101 things they love about bicycling (lower case). Bicycling’s Neil Bedzek says maybe it’s time to hang up his headphones for good. How to straighten steel bike forks. A Minnesota cyclist gets left hooked, then ticketed for improper crossing of a roadway. A New York Councilmember promises a continued crackdown on cyclists next year. Next on your reading table, a new collection of short fiction centered around bikes.

A secret Canadian base trained bicycling spies in WWII. The BBC names reigning world champ Mark Cavendish as their sports personality of the year. Fascinating views of an empty London on Christmas morning. London fails — by a wide margin — to meet their target goals for reducing bike fatalities and serious injuries by half over 1990’s levels. UK stats suggest bike fatalities increase during economic downturns; SoCal figures for this year certainly support that thesis. A new Aussie study suggests Sydney cycling rates could double if mandatory helmet laws were repealed. A Chinese ebike rider survives a direct hit by a speeding truck in a graphic video.

Finally, great advice on what to do if you’re the victim of a collision.

When the police ask if you’re injured, the correct answer is always yes; as the article notes, injuries that aren’t apparent at the scene often show up later. The right response could protect both your health and your legal rights.

The weather promises to be great here in L.A. the next few days; get out on your bike and enjoy it.

Category: Bikes & the Law, General, Legal Cases / Tags: , , , , , ,

A Hi-Viz approach to blaming — and trying to save — the victims

December 23, 2011 / / 19 comments

Growing up in Colorado, I quickly learned to wear my brightest attire when venturing into the woods during hunting season, lest someone mistake me for Bambi’s mother.

Not that we look the least bit alike.

But still, there was always the risk that some armed fool might sense movement, raise and fire without first determining just what the hell he was shooting at.

Even riding my bike, I had to worry about hunters mistakenly assuming that deer tend to travel at relatively high speeds on paved roads wearing spandex. And have spoked wheels instead of legs.

Things that should be readily apparent at a glance to even the most sleep deprived, drunken and/or inexperienced idiot with a high-powered hunting rifle. And it never ceases to amaze me just how many of those we’re willing to arm and send out into the world.

But every year, it seemed like one or more people would get shot just because they ventured out into the woods when the beer and blood lust was running high.

And almost without exception, it would be written off as just an accident.

After all, the shooter didn’t mean to kill anyone. Even if the victim would still be alive if the person with the gun had taken just a few more seconds to verify what he was shooting at before pulling the trigger.

Instead, the authorities would inevitably blame the victim for venturing out without high-visibility clothing, even though the hunters themselves were usually in camouflage gear.* Or just being outdoors in the relative wilderness, when anyone with a salt-lick of sense would know they just didn’t belong there.

Maybe you can see where I’m going with this.

Despite the requirement for a license, and a proliferation of hunter safety classes, it was still up to everyone else to stay the hell out of the hunters’ way, rather than on hunters not to shoot those on two legs instead of four.

After all, they’d suggest, you should know there are people with guns out there. And it’s up to you to stay the hell out of their way.

Or at least make sure they see you if you do.

Sort of like cyclists and pedestrians are expected to do everything short of setting off a thermonuclear device to get a driver’s attention.

No, seriously.

Don’t require drivers to pay attention to what’s in the road directly in front of them. Or improve infrastructure to help keep everyone safe.

No, the standard solution is to put the blame squarely on the potential victim, rather than on the ones capable of causing harm.

Or as former competitive cyclist and current OC attorney David Huntsman put it, it’s like handing out longer skirts to prevent sexual harassment.

It was David who forwarded me a link to a New Zealand story praising a local trucking company for handing out hi-vis vests to cyclists.

The article quotes Tony Gare, general manager of Icon Logistics, discussing a collision one of his drivers had with a dark-attired cyclist, who fortunately was only slightly injured.

“If he had been wearing high-visibility clothing instead, the crash might not have happened.”

There were many cyclists in Dunedin who did not wear the visibility gear, he said.

So Mr Gare bought several hundred high-visibility vests, at a cost of about $50 each, to give away to cyclists.

“If, at the end of the day, it’s going to save someone’s life, it will be worth it.”

Clearly, his heart is in the right place.

Even if his efforts could, perhaps, be better directed by improving training for his drivers, rather than getting local cyclists to dress like people hiking through a high-fire hunting zone.

Huntsman, however, is clearly not one to let a matter such as this lie. So he sent the following email to Mr. Gare.

Mr. Tony Gare
Icon Logistics

 Mr. Gare,

The referenced article came across in my alerts this morning here in California.

First I want to say that the purchase of those reflective vests is a nice gesture.

However, as a logistics firm, isn’t your organization better suited to assess and address the education and habits (and any deficiencies) of truck drivers?  I’m curious to know if your firm has taken any steps in that direction.

Of course it would be helpful if all cyclists and pedestrians dressed in day-glo.  But focusing on that aspect of accident prevention distracts from the other side of the equation – the motorists’ side.

Regards,

David Huntsman

Remarkably, the response came just a few minutes later.

Dear David

Thank you for your email regarding the Hi Vis Vests.

As a company Icon Logistics Ltd  is very proactive in its driver training and all safety matters whether it be on road or off. We have regular Training,  Health and Safety sessions, including those with the local enforcement agencies to keep our staff aware of their responsibilities in operating heavy vehicles.

On this occasion our most senior driver, plus the truck turning into the freight yard failed to see the cyclist because he was indistinguishable from the parked vehicles. This accident occurred on a heavy traffic bypass and an industrial area and as a result of this many of the business in the area have asked for changes in where people can park so turning vehicles have better visibility. While we can’t direct people where to ride, they also must take a degree of responsibility to ensure they can be seen and the choice of roads that they use.

Our General Manger, Tony, has kept in touch with the cyclist, to ensure he has had no further health issues, has replaced his bike and ensured he has the proper reflective clothing.

Regards

Glenda

 Glenda Kempton
Administration Officer

And a few hours later, this came in from Mr. Gare himself.

Hi David

Thanks for your e-mail but as far as training goes in this situation the cyclist was in a heavy transport area with-out any hi-viz and the driver concerned and all of our drivers to this point are well trained and equipped in all aspects of the heavy transport industry

Many Thanks for your response

Kind Regards

Tony Gare
General Manager
Icon Logistics Ltd

Evidently, there’s a punctuation shortage down there in Kiwi land.

But don’t get me wrong.

Like David Huntsman, I appreciate the gesture. Even more when it’s done on a more personal basis, simply because someone cares.

I’m also a firm believer in being as visible as practical, if not as possible. I make a point of riding where I can be seen by everyone else on the road, and lighting myself up like a Christmas tree after dark.

And I’ve learned over the years that what I wear makes a big difference in how well drivers see me. Bright reds, yellows and whites seem to result in far fewer close calls, while an otherwise good bright blue jersey seems to mean dodging cars all day.

I call it my cloak of invisibility because it somehow seems to make me disappear from drivers’ view.

But I draw the line at wearing fluorescent vests to ensure that those who should see me anyway actually do. Let alone that we don’t blend in with parked cars, not one of which I have ever seen that looked even remotely like a bike rider.

There is a point at which drivers must be held accountable for seeing other road users and operating their vehicles safely, without cyclists having to light themselves up with neon signs to point out their position on the road.

Just as hunters have an obligation not to pull the trigger until they know what the hell they’re shooting at.

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One quick suggestion for anyone who still hasn’t finished their holiday shopping.

L.A.’s own Pure Fix Cycles offers this very cool $1000 table made with their own Pure Fix Urban Forks and custom wheels, in your choice of frame and wheel colors. Or maybe you’d prefer one of their single speed/fixed gear bikes, starting at just $300 — each of which comes standard with front brakes, as well as optional rear brakes.

After all, if comes down to a choice of brakes or wearing a Hi-Viz vest, I’d rather err on the side of stopping.

*Whenever I see someone dressed in camo, I have to resist the urge to run up and say “I can totally see you, you know.”

Category: Bicycle Safety, Car vs Bike / Tags: , , , , , ,

Stephanie Segal pleads No Contest in last year’s Agoura Hills death of cyclist James Laing

December 22, 2011 / / 3 comments

Jim Laing, photo courtesy of his sister Peggy Laing-Krause

It looks like the Laing family may get closure for Christmas.

I heard from a reliable source Wednesday afternoon that Stephanie Segal has entered a plea of No Contest to both counts in the drunken hit-and-run death of cyclist James Laing in Agoura Hills last year.

That means she is not admitting guilt in the case, but won’t fight the charges, and will accept the court’s judgment in the case.

The judge has already indicated that he intends to impose a sentence of at least nine years in state prison, with formal sentencing to take place in late January of next year.

Laing was riding on in the bike lane on Agoura Hills Road on the afternoon of Saturday, October 23rd of last year, when he was run down from behind by Segal’s car and died at the scene. She fled the scene, and was followed by witnesses to a nearby parking lot, where she was arrested with a blood alcohol content of .26 — over three times the legal limit.

She almost immediately entered a rehab facility, where she spent much of the past year, whether in a genuine attempt to get help, or a callous — and failed — attempt to get leniency from the court.

By all accounts, Segal has refused to take any responsibility for getting drunk and climbing behind the wheel, let alone needlessly taking the life of an innocent human being.

I’m told that her testimony — against the advice of both the court and her own attorney — in the preliminary hearing was contradictory and confusing, backpedalling repeatedly as she attempted to shift the blame and explain away her actions.

Her attorney seemed to be making the case that she hadn’t attempted to flee, but merely continued driving until reaching a safe place to stop.

Right.

Laing’s sister Carolyn also reports that she tried to blame Laing for kicking her Mercedes Benz, which appears to have been a last-ditch effort to push away from her car in a failed attempt to save his own life.

In other words, he saw it coming. And there was nothing he could do.

Somehow, kicking a car in self defense seems to pale when compared to the drunken murder of another person. But Segal still doesn’t seem to get that.

By all accounts, she came off as arrogant and argumentative during her ill-advised testimony; I suspect her attorney strongly advised her to plead guilty to the charges to avoid digging herself in any deeper.

As one person put it to me, failure to do so after her dramatic failure on the stand probably would have been legal malpractice.

Of course, she’s not likely to spend the full term behind bars. The current prison overcrowding problems mean she’s likely to be released long before the nine years are up. And as a non-violent offender, she may even do her time in county jail.

But I wouldn’t count on getting time off for good behavior, either.

We can only hope that she’ll finally grasp the consequences of her actions as she sits in her cell, for however long that may end up being.

But at least the loved ones Jim Laing left behind can finally end this year with the light of a very long and tragic tunnel firmly in sight.

Update: An anonymous comment below indicates that Segal will be required to spend at least 85% of her sentence behind bars due to the nature and severity of her crime, and that the sentencing will take place on January 26th in the Malibu courthouse.

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

Celebrate the Festival of Lights with Mini Monkey Lights

December 21, 2011 / / 8 comments

This seems like an oddly appropriate topic for the first day of Hanukkah.

A couple of months ago, I got an offer from MonkeyLectric inviting me to try out their new Mini Monkey Light.

Their timing was perfect.

I’ve been doing a lot more after dark riding this year as I’ve tried reducing the number of wheels required to attend various meetings by half. Especially since I can ride Downtown from my Westside apartment as fast, if not faster, than I can drive there, with less aggravation and no expensive search for parking at the other end.

And a lot more fun along the way.

The problem was one of safety.

I’m a firm believer in being seen. If I’m going to ride at night, I want to be lit up like a Christmas tree. Or in keeping with today’s theme, a Hanukkah bush.

But finding the side wheel reflectors required under state law has proven virtually impossible. And anyone who actually relies on reflectors to capture the attention of the city’s huge population of texting drivers had better make sure their medical insurance is current.

I had no better luck finding lights to attach to my spokes, as the only one I came up with only managed to stay attached until I hit the first massive pothole. Which, given the state of L.A. streets, was about a half block from home.

Besides, anything named Mini Monkey Light had to be fun. Right?

So I quickly agreed, and sure enough, it arrived just in time for my next Downtown meeting. A meeting my riding partner and I were over half an hour late for, as I struggled to make sense of the cryptic instructions that seemed to be missing a step or two.

But after installing and uninstalling and reinstalling it more than once — okay, more thrice — I finally managed to get it hooked up and working. And soon found my office lit up with an ever-changing series of brightly colored lights.

Since those installation issues delayed our departure, that put us on the road well after dark, providing an immediate test of the Mini Monkey Light.

The first thing I noticed was that everyone else seemed to notice. Drivers gave me a wider than usual berth, perhaps unsure what kind of crazy cyclist would ride with a spinning kaleidoscope lights on his front wheel.

The 10 exceptionally bright LEDs formed an ever-changing pattern of spinning 8-bit graphics, providing a series of blocky patterns that rotated around the wheel if I rode slowly; a solid circular loop pattern if I rode faster. Although that seemed to happen at little higher speed than the company said, becoming a solid loop around 17 – 18 mph, as opposed to the promised 15 mph.

The result for my first 12.5 mile trip using the lights in rush hour traffic, not a single close call. Which is almost unheard of in L.A. traffic, day or night.

Same thing on the way back, as the design of the lights offered increased visibility from virtually any angle — even from the rear. In fact, I found myself choosing to ride caboose, allowing the brilliant cacophony of light to call attention to our petite peloton. Yet not feeling the slightest bit more vulnerable despite the more exposed position.

Not to mention, it was fun.

Okay, a blast.

As I rode, I saw pedestrians, drivers and other riders turn to look, many with just a touch of mirth apparent on their faes. And I found myself having more fun that I have in ages.

Something that seems to be repeated every time I use them.

Surprisingly, even with the heavy battery pack containing three standard AA batteries, it didn’t seem to affect my speed in the slightest. Mounting the battery pack to the wheel hub reduces the effect of the added weight; I found myself easily maintaining my usual cruising speed of 18 – 20 mph with the light installed, and able to sprint at much higher speeds.

And after roughly 20 hours of use, the light is still going strong; the company says the batteries should last up to 40 hours.

Which brings up a few minor complaints, aside from the cryptic instructions.

Mainly the way the light unit is connected.

It’s designed to be attached to the wheel using zip ties — like modern plastic handcuffs — which makes it difficult to remove for daytime riding.

The Mini Monkey Light is most practical for riders who will install it once and leave it there. As opposed to someone like me who mostly rides during the day, and doesn’t want to leave unnecessary lights on the bike when they’re not going to be used.

I found myself attaching the waterproof light and battery pack with the supplied zip ties, then cutting them off the next morning; a wasteful and inconvenient process that quickly went through the handful of zip ties that came with it.

The solution I found was to use twist ties, like you get in the produce department of your local grocery, to attach the light unit. I still haven’t found a viable alternative to zip ties for the battery pack, though, which has to be attached tightly so it will stay in place without slipping around the hub.

That allows me to attach and remove the light unit quickly, though I still have to go through the awkward process of slipping scissors through the spokes to snip the battery pack off the hub.

The other problem is hooking up the wire that connects the two units.

The wires connect via a simple polarized plug-in connection, which can only go in one way. Unfortunately, the connector itself is small and awkward; difficult to manage during the day, and almost impossible fumbling in the dark with cold fingers.

That’s one thing they really need to address before the product starts shipping in February. There’s got to be a more convenient way to hook the wires together. Or at least better indicate how they should connect together.

But other than those relatively minor problems, I wouldn’t hesitate to recommend it to anyone. In fact, I may consider getting another one for the back wheel.

It may be overkill in terms of safety.

But it works. And at just under $50, it’s affordable.

And more fun than a barrel full of…

Well, you know.

My apologies to MonkeyLectric — and you — for not getting to this sooner; the last few months have been remarkably hectic. Then again, it would help if drivers would just stop running us over so we could focus on happier subjects more often.

And this time of year especially, be sure to take lights with you during afternoon rides, even if you don’t intend to be out after dark. A simple flat or some other unexpected delay can easily keep you out after dark. 

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One quick legal note.

Dj Wheels reports that Christine Dahab, the allegedly drunk/distracted driver finally charged in the June late night Culver City collision that left a number of riders strewn about the roadway with various injuries — some serious — will be arraigned on Thursday.

The hearing will take place starting at 8:30 am in Department 144 of the Airport courthouse, 11701 La Cienega Blvd, 9th Floor, Case #SA079472.

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Best wishes for a very happy Hanukkah!

Category: Product Reviews / Tags: , , , , ,

Take some time to ride your bike. And pet someone you love.

December 18, 2011 / / Comments Off on Take some time to ride your bike. And pet someone you love.

I started writing this last night.

The plan was to get it online late Saturday night, then move on to another subject I’ve been putting off far too long.

But about halfway through, the Corgi climbed into my lap, and politely suggested that my time might be put to better use petting her than pounding my keypad.

She had a point.

So I set down my work and spent the next hour or so reminding myself that what seems awfully important at the time often isn’t. And nothing is more important than letting loved ones know they are.

Even the furry four-footed ones.

So do yourself a favor. Take a break amid all the hustle and bustle of the season, and the mad rush to wrap things up before the end of the year.

Find a little time to get out on your bike. And remind yourself just why you love it so much.

But before you go, take just a moment to remind everyone you love that you really do love them every bit as much as you do your bike.

Maybe even more, if that’s possible.

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The Ventura County Star, which usually provides great coverage of cycling incidents, finally reports on the December 3rd collision that killed Hollywood writer/producer Carol Schreder.

Yet they remarkably neglect to mention the name of the victim. Or that she died from her injuries.

And to make matters worse, they have their comments disabled for this story, so readers can’t easily correct their inexplicable error.

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Welcome back to one of my favorite L.A. bike bloggers. A Times article on the environmental impact of online shopping gives a (very brief) shout out to shopping by bike. Downtown’s green bike lane is more peeling than appealing. Turns out the head of Santa Monica-based electric car manufacturer Coda Automotive is a full-time bike commuter. Maybe he should move to an upcoming SaMo development with plenty of bike parking but none for cars. Neon Tommy says L.A. and Metro are working towards a more bike-friendly city. Zooey Deschanel rides a bike. A 24-year old Baldwin Park cyclist is injured in a drive-by shooting. Long Beach’s biking expats report home from the New Zealand coast.

A homeless Huntington Beach cyclist is convicted of a vile racist attack on a Latina driver. Orange County bike advocate Frank Peters interviews Jeff Miller of the Alliance for Biking and Walking. Cyclelicious rebuts the primary argument against the NTSB’s recent recommendation that cell use in cars should be banned entirely. Eighty-nine Imperial Valley children get a bike for Christmas, refurbished by local prison inmates. Sacramento plans to launch an expanded bike share program next year.

A champion Scot skier killed in Oregon last month was riding without lights and a BAC nearly twice the legal limit — and just one point below the driver who killed him. A Tucson cyclist is killed after being hit by a train. Boulder CO organization Community Cycles gives 300 bikes to local children. An Idaho driver is charged with intentionally running a cyclist off the road because he wouldn’t get the hell out of his way. Eight Choctaw children get refurbished bikes courtesy of tribal police. Milwaukee sheriff calls a proposed bike lane on a major bridge the dumbest thing he’s ever heard; a cyclist killed there recently would probably disagree. Didn’t get to this one when it first appeared, as Steve Vance asks if it’s safer to ride without a helmet or drive without a seat belt. Yes, Virginia, you can take your Christmas tree home by bike. Woody Allen says bikes are ruining the Big Apple. Harlem businesses fight a new bike lane, while a 17-year old Harlem cyclist gets killed. A DC police officer, who may have been off duty, runs down a cyclist. A North Carolina driver who killed a cyclist in a hit-and-run collision is returned to jail after being mistakenly released. A 19-year old rider on the Lees-McRae College cycling team is killed when a truck crosses onto the wrong side of the road to hit her head-on; cyclists ride in her honor in her Texas hometown. A Florida man continues his annual tradition by giving away over 800 bikes to local children; starting to notice a theme here?

Turns out carbon bikes have a very big carbon footprint. A high school teacher gets a three-year suspended sentence for killing an elderly cyclist, along with a couple of newly weds — and their dog — after apparently going into diabetic shock. British conservatives say it’s your fault if you get killed; a rash of unanswered fatalities suggest London’s BoJo may not be putting cyclists first, after all. A British Royal Air Force vet rides the full length of the country after recovering from war injuries including breaking nearly every major bone in his body and losing both legs. English adventurer — and U.S. bike victim — James Cracknell finds an alternative way of getting around. Scot time trial legend Graeme Obree sets out to set a new bike world speed record of up to 100 mph. There will be no sanctions for Jeannie Longo despite three missed drug tests. The Schleck brothers make their big screen debut. Aussie cyclists are victims of a Me culture. More on the remarkable recovery of Paralympic cycling champion — and possible Olympic competitor — Monique van der Vorst. South African drivers stake their claim to world’s worst; thanks to Todd Munson for the heads-up. A Singapore driver makes a U-turn to look at his cyclist victim before fleeing the scene.

Finally, more than bikes were racing at this weekend’s very successful CXLA Santa Cross cyclocross races. Maybe if I start the Corgi on a strict training regimen, she might be up to the challenge next year.

Thanks to Brian Black Hodes of Velo Images for the photos, and the afore mentioned Mr. Munson for twisting his arm to let me use them. And be sure to click on the link, if only to check out Hodes’ amazing photos, including a breathtaking shot of L.A.’s own former U.S. Crit champ Rahsaan Bahati.

And best wishes to longtime L.A. bike advocate Kent Strumpell for a full and fast recovery from recent surgery. If you ride anywhere in the L.A. area, you owe Kent a round of thanks for all he does to ensure safer roads and better riding conditions for all of us.

Category: General / Tags: , , , ,

Ghost Bike for Carol Schreder, and a host of happy holiday events on a busy bike weekend

December 17, 2011 / / Comments Off on Ghost Bike for Carol Schreder, and a host of happy holiday events on a busy bike weekend

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.

C.I.C.L.E. hosts the last toy ride of the season with the 4th Annual Toys and Mittens Ride on Saturday, December 17th. The ride kicks off at 10 am at the Burbank Community Serviced Building at 3rd St. and Olive Ave in Burbank, and will collect toys and warm clothing to be distributed to local children and families in need.

Update: How could I have forgotten to mention the CXLA Santa Cross Weekend at the Greek? A full weekend off cyclocross racing in Griffith Park, starting at 9 am this Saturday and Sunday in Vermont Canyon, 2700 Vermont Canyon Road.

A ghost bike will be installed on Sunday, December 18 for Carol Schreder, the Hollywood writer/producer killed while riding on Mulholland Highway earlier this month. The ceremony will take place around 11 am near the intersection of Mulholland and Kanan Road.

Flying Pigeon’s Get Sum Dim Sum ride takes place on Sunday the 18th. Riders meet at the Flying Pigeon LA bike shop at 3714 N. Figueroa ST in Highland Park at 10 am, depart at 10:30; bring money for food. Bikes are available to rent for $20.

Also on Sunday, Walk Bike Glendale will lead a family-friendly holiday ride through the Rossmoyne and Glendale Hills neighborhoods, with a 7 pm stop at the Recess restaurant. The five-mile ride will depart from Nibley Park at 5:30 pm, returning around 8:30.

Tuesday, December 27th, the LACBC returns to Santa Monica’s Library Alehouse for the 3rd Annual Mid-Winter Merriment, 2911 Main Street. Good beer, good friends, bike valet and a portion of all sales goes to support cycling in the great L.A. area. What’s not to like?

Celebrate New Years Eve by riding with BMC cyclist and five-time Olympian George Hincapie at A Ride for Life in Santa Clarita benefitting Children’s Hospital L.A. and the Boys and Girls Club of Santa Clarita. The event will feature rides of 30, 60 and 100 miles, as well as a kid’s ride and family walk; there will also be a “huge” expo with food and activities, and everyone is welcome — even your four-legged friends.

The next LACBC Sunday Funday Ride rolls to the Rose Parade on Sunday, January 2nd, led by board members Alex Amerri and Greg Laemmle; details to follow.

Category: Bike Events / Tags: , ,

LACBC Planning Committee tonight, blaming OC biking victims & guilty of DUI but not killing cyclist

December 13, 2011 / / 13 comments

The LACBC’s Planning Committee will meet at 7 pm tonight at the Downtown Pitfire Pizza at 2nd and Main.

Tonight’s agenda will include a presentation by Alison Kendall of Kendall Planning + Design on the upcoming USC Campus Bike Plan, as well as a possible discussion of traffic calming efforts on Via del Monte in Palos Verdes Estates — which has already nearly taken the life of at least one cyclist.

You don’t have to be an LACBC member to participate. Just give a damn about safer, more livable streets.

……..

I honestly don’t know what to think about Orange County Register columnist David Whiting.

I mean, his heart seems to be in the right place. I think he genuinely cares about keeping cyclists safer and diffusing tensions on the road.

He just too often seems to go about it by blaming the victims.

For instance, he complains about perceived offenses such as riding two or more abreast, which, much to the surprise of many misinformed motorists — and law enforcement personnel — is not even mentioned in the California Vehicle Code. Let alone prohibited.

But then he follows it up with mostly well-reasoned advice from the Executive Director of the OC Bicycle Coalition. Though I’d take issue with the rationale behind this bit of advice, as well as the second suggestion.

Seven: Running stop signs

Running stop signs irritates drivers.

Smart: Respect stop signs and the right of way of vehicles. If a driver waves you through, stop and put your foot down to show that you “get it.” Most drivers are so amazed to see a bicyclist stop, they chill out for next rider they pass.

Yes, stopping at a stop sign is important, especially when there are other vehicles or pedestrians around. It’s one thing to carefully go through a stop after ensuring there’s no one else around; dangerous and foolish to do it when someone else has the right-of-way.

But intersections are risky enough without trying to unnecessarily complicate matters by insisting on stopping when someone else safely defers the right-of-way to you.

Then there’s his most recent column with comments from readers that include complaints against overly entitled riders and suggestions that bikes don’t belong on the road when there’s a perfectly good bike path nearby. Not to mention a former law enforcement officer who claims to have ticketed a rider for doing 41 mph in a school zone.

If I got a ticket for going that fast, I wouldn’t fight it.

I’d frame it.

But what ultimately puts me off Whiting’s writings is his frequent insistence on the old auto-centric fallacy that better behavior by cyclists will result in greater respect and courtesy from drivers.

It won’t. It doesn’t. And it never has.

Yes, you should always ride safely, and as legally and courteously as the situation allows — bearing in mind that it’s your life that’s on the line, and what’s legal isn’t always what’s safest.

But angry drivers don’t act that way because of anything you do or don’t do on the saddle. In reality, they’re usually upset by your simple presence on the road. Let alone the fact that you’re in front of them, which means a few seconds delay in their death-defying rush to wherever they’re going.

Telling cyclists not to make drivers mad is like telling a battered housewife to be more obedient so her husband won’t beat her anymore.

It’s long past time to stop blaming the victims.

Thanks to David M. Huntsman, Esq. for the links.

……..

Then again, a comment by a Streetsblog reader pretty well sums up the whole argument.

Yesterday I saw a bicyclist do [insert dangerous, stupid, inconsiderate, boneheaded move here] and it nearly inconvenienced me. This means all bikers better watch out because the responsible, productive, law-abiding members of this community aren’t going to tolerate this kind of anti-social behavior from you riffraff much longer.

Yesterday I saw a car driver do [insert dangerous, stupid, inconsiderate, boneheaded move here] and kill someone!  A tragedy, but it was an accident, no one’s fault really, just one of those bad parts of living in the modern age that we all have to put up with. After all, anyone can make a mistake. It would be a shame to even suspend the driver’s license over it because they really might need it to get to work. It certainly is no reflection on me or how most people drive.

……..

A Ramona driver is convicted of being under the influence of methamphetamine and driving under the influence when she killed a cyclist, followed by hitting a parked car, stop sign and a liquor store.

Yet according to the Ramona Sentinel, she wasn’t responsible for his death, because the cyclist was drunk when he was killed.

David Bruce Menea was riding with a BAC of .17 — over twice the legal limit — as well as riding without lights when he reportedly rode out in front of Suzanne Nicole Reed on September 11th of last year. Despite veering right to avoid him, Reed hit and killed Minea before crashing into the other objects.

She was sentenced to one year in jail, with all but 90 days suspended, as well as 5 years probation and fined 2008.

Now, if Whiting wants to complain about drunk cyclists riding without lights, I’m totally in his corner.

……..

A Mississippi Gulf-area judge shows that at least some jurists take drunk driving seriously, dishing out the sort of sentence Long Beach Fire Captain John Hines and underage drunk driver Jaclyn Garcia may have deserved, but could never have gotten here in the late, great Golden State.

Let alone drivers high on meth who kill other people.

Circuit Judge Roger Clark threw the book at convicted drunk driver Robin Lee Vo for critically injuring a cyclist while driving at over twice the legal limit — sentencing her to 20 years in prison, 10 years suspended, plus $400,000 restitution.

That’s 10 years in state prison, compared to one year apiece in the comparable California cases, and just 90 days for meth-driving Reed.

Are you listening, judges?

I don’t know a damn thing about Mississippi judge Roger Clark, but he’s got my support for any office he wants to run for.

……..

Not only do those damn cyclists back up L.A. traffic, but they actually seem to be enjoying themselves. L.A. endurance athlete and registered dietitian Matthew Ruscigno amusingly takes up cyclocross; maybe he’ll be at this weekend’s Santa Cross in Griffith Park. Flying Pigeon’s next Get Sum Dim Sum ride takes place this Sunday, while Walk Bike Glendale will host a family-friendly holiday ride. Santa Monica Spoke invites everyone to the LACBC’s 3rd Annual Mid-Winter Merriment at the Library Alehouse on the 27th, and looks for volunteers for the bike valet. The Daily News finds flaws in L.A.’s new bike plan. The Hansen Dam bike path gets security upgrades after series of after dark assaults. The Port of Long Beach will approve the final environmental impact statement for the Gerald Desmond Bridge — including bike lanes. Ride with Alta Planning principal Mia Birk in Long Beach Thursday. Rancho Cucamonga cyclists and pedestrians now have their own bridge over freeway-like Foothill Blvd. How to repair your Joe Blow.

Holiday season riding means dodging crazed shoppers. The Senate considers an amendment that could improve safety for all road users, yet at the same time, considers banning cyclists from some roads on federal lands. Interestingly, the percentage of people who bike is pretty evenly distributed across all income levels. A graphic argument on how bikes can save us. A series of 60-second sprints could help control Type-2 Diabetes. Columbia MO allows parking in bike lanes, and a local bike advocate thinks that’s a good thing. Seriously? Advil promotes winter bike congestion relief in Chicago. A Wisconsin study shows transit costs $50 per year per household, while roadways cost $779. Turns out a Wisconsin town isn’t planning to ban bikes and pedestrians after all — but the scary thing is, they could. A leading bike safety advocate is killed when he’s run down from behind. A U.S. Representative keeps the pressure on following the deliberately botched investigation of a cycling fatality by tribal police on a New Mexico reservation. A cyclist is the latest injury in New York’s contested Prospect Park. A North Carolina driver claims she was blinded by the sun and sneezing when she ran over a cyclist; oh, well it’s okay then. North Carolina cyclists may be left out in the cold on the Blue Ridge Parkway. Louisiana authorities suspect alcohol use in the death of a 76-year old cyclist; the victim, not the driver. When it comes to traffic signals, Florida cyclists just want fair treatment.

A Canadian cyclist is nearly refused entry to this country because he didn’t have a helmet. The Department of DIY strikes in Toronto. An Ottawa cyclist files suit after an open manhole leaves him an incomplete quadriplegic. Evidently, English soccer fans — or at least Hotspur fans — are too dense to figure out the difference between Olympic cyclist Chris Hoy and Premier League referee Chris Foy. In the UK, they actually enforce speed limits on popular cycling routes; go figure, huh? What do Dutch expats miss more than bicycling? Herring. An Aussie driver goes on a crime spree after killing a cyclist. Long Beach’s biking expats take their Path Less Pedaled to New Zealand.

Finally, the rules of bicycle touring haven’t changed much in the last 128 years, as bad teeth was no barrier to enlistment in the bike corps, and even billionaire robber barons rode bikes.

And returning to this century, frame meister Dave Moulton offers 10 tips for driving around cyclists; don’t click the link unless you’re in the mood for the best laugh of the day.

Maybe David Whiting should read that before he writes his next column.

Category: Advocacy & Politics, Car vs Bike, Legal Cases / Tags: , , , , , ,

Insights and updates on Orange County bike cases — laughter or tears?

December 12, 2011 / / 3 comments

Over the past year or so, I’ve featured a number of updates on various Orange County and South Bay legal cases from an anonymous source.

Like the updates I get from Dj Wheels, I’ve come to trust and rely on the insights from this source to keep us up to date on cases from behind the Orange Curtain, which can be hard to follow from up here in L.A. — especially since these cases seldom make the news unless something major happens.

Today she sent me an email offering background information on a couple of cases that are slowly moving through the system. And I thought it was good enough that I wanted to share it with you.

This article from the Sunday Orange County Register shows why the OCDA’s office wants to nail Michael Dennis Roach (and his ilk) so bad.  (Roach is the drunken racer on PCH who hit another drunken racer, spinning both cars onto a segregated beach path.)  Things do not look good for Roach.  His co-defendent Glenn Michael Moore, on the other hand, has a much shorter rap sheet and a terrifyingly good lawyer.

Our drunk-driving laws are nauseating liberal.  MADD had to fight for years to get that excessively high .08 limit, and it’s so easy to circumvent in court.  In other, more civilized countries with a better grasp of public safety and/or neurochemistry, the limit is much lower, and the penalties are more appropriate.  Every year in America alone, more people are killed by drunk drivers than by firearms, knives, blunt objects, & strangulation combined, and drivers under the “legal” limit (but at .04 or above) account for 25% of these deaths.  Our laws fail to address the severity of the repercussions of dangerous operation of motor vehicles.

Danae Miller (um, for example) had a preliminary hearing on December 1st and naturally the judge decided that there is indeed enough evidence to send her to trial.  Miller’s due to be arraigned in a few hours;  I won’t be there because both Anita Sue “Stop Signs Don’t Apply to Me” Cherry and Adam Carl “Just a Witness” Garrett have appearances at a different couthouse.  However, an incredibly wonderful MADD victim services specialist assisting the Britel family will forward me the plea and any details.

Miller’s preliminary hearing was tedious, thorough and heart-rending. The D.A. called four individuals to testify; the defense called none.  The hearing included some of the evidence that will be shown if Miller doesn’t just plead guilty like Hines, including the video from the dashboard-mounted camera of the first responding officer’s approach to the scene, which showed Britel’s shattered carbon fiber bike lying in the gutter, front light still blinking.

Although it was dusk, the view of the roadway was completely unobstructed, the streetlights were on, and the bike had plenty of reflective material on the rims and below the seat.  Britel was wearing a yellow dayglo jacket with reflective material.  A blind man could have seen him.  Miller could not.

Evidence also included the dozen or so texts & calls made in the minutes preceding the collision, as well as Miller’s ratty ancient-tech flip phone, which she’d handed over to the first responding officer at his request after stating that she never texts while driving.  Two prior citations to which she pleaded guilty refute this remark.  Disappointingly, a Verizon custodian of records testified that there’s no record of the content of the texts sent or received.

Miller also initally lied to the police on scene about her intake of alcohol.  With bloodshot eyes and slurred speech, she first claimed she’d had nothing to drink prior to driving.  She then changed her story, saying she’d had “one glass” of wine about an hour prior to leaving work.  However, her BAC was measured at .105 and .106 from two separate vials of her blood collected approximately an hour and forty-five minutes after the collision.  (This amount was rounded down to .10.)

In questioning the D.A.’s theory of culpability, the judge requested a brief review of testimony in order to determine whether, as Miller’s lawyer attempted to suggest, the incident was a simple SWSS.  But Miller had never told investigators,  “I saw the cyclist ahead.”  She admitted to the arresting officer that the first indication she had that she’d hit something was the shards of her shattered windshield hitting her arm.  (At least she wasn’t too drunk to wonder what all the sparkly stuff was.)

After the hearing, I asked D.A. Hayashida whether Britel had a bike computer and whether the data had been accessed.  To my surprise, she admitted she didn’t know (!!!) but would look into it.  I’d squinted at the pics & video of Britel’s mangled bike, but could only see a dark blur to the left of the areo bars.  It just strikes me as unlikely that a serious, competetive cyclist wouldn’t have the bells and whistles that could pinpoint the location, sudden deceleration & trajectory of his bike… and possibly even indicate the exact time, to the second, when his heart stopped beating.

Incidently, Hayashida is also assigned to prosecute Adam Carl Garrett, so I expect to see her  again today.  AND (refer back to the Orange County Register article) she’s the one who nailed Dennis Malavasi.

Mad props to good stranger Heather Lohrman (hope that’s spelled right), who stopped at the crime scene, attempted to find Britel’s pulse, and ran up to Miller’s car to get the license plate number in case the perp decided to flee.  Another good stranger was present as well but his name was not released.

Just a quick and irrelevant note about Anita Sue Cherry:  Last month, only two days before her most recent scheduled hearing, her first lawyer (whose list of traffic citations is longer than Cherry’s) was cited for failure to stop at a stop sign.  And next Monday, her most recently retained lawyer (her first lawyer’s legal partner) has his arraignment for the DUI w/property damage he got in September.

I swear to God I’m not making this up.

Laugh, or cry?

Category: Bikes & the Law, Guest Columns, Legal Cases / Tags: , , , , , , ,

NHTSA data shows drop in traffic and bike deaths — and cyclists fare as well in collisions as motorists

December 9, 2011 / / 13 comments

I’m stunned.

Like just about everyone else, I have always assumed that the lack of protection afforded cyclists meant that we fare far worse in collisions than the occupants of motor vehicles.

After all, we don’t have seat belts and airbags — let alone a couple tons of steel and glass — to protect us. Just a thin shell of foam covered in plastic and a maybe bit of chamois between our legs.

But I was wrong.

During an email exchange with fellow cyclist and KCRW chief engineer Steve Herbert, he posed an intriguing question.

For all the cycling deaths we are seeing and the lack of protection a bicycle provides us in a crash with another automobile, I wonder if fatality numbers are proportionally higher than that of motor vehicle occupants?

Fortunately, the answer was readily at hand.

Just yesterday, the National Highway Traffic Safety Administration released the latest traffic fatality statistics for 2010, showing an overall drop in traffic deaths from 1.13 deaths per million vehicle miles traveled in 2009 to 1.09 fatalities per million miles in 2010. And a drop of over 1,000 traffic deaths over the pervious year, from 33,808 to 32,788.

And yes, that’s a significant improvement.

Even if an average of 90 traffic deaths a day is hardly good news.

The news is also better for cyclists, as biking deaths have dropped to 618 — the lowest total in 35 years — despite a dramatic upsurge in ridership.

That’s still an average of 1.7 riders dying on our streets everyday. Nearly 12 every week. Over 51 every month.

And it is still far from acceptable.

The real surprise came when I dug a little deeper into those figures.

According to the NHTSA figures, excluding motorcyclists, roughly 2,009,000 motor vehicle occupants — drivers and passengers — were seriously injured on American roads last year, compared to 23,946 fatalities. That gives a ratio of 83.9 motor vehicle injuries for every death.*

For the same year, roughly 51,000 cyclists were seriously injured compared to 618 deaths, for a ratio of 83.5 to one.

Look at that again — 83.9:1 for motor vehicles, compared to 83.5:1 for cyclists.

In other words, you have virtually the same risk of dying in a traffic collision riding your bike, with little or no protection, as you have in a car or truck surrounded with safety features.

Of course, that does not take into account the frequency of collisions. While the NHTSA can cite a rate of 1.09 deaths per million miles of vehicle travel, no such figures exist for bikes, as there is no quantifiable method of determining how many miles are travelled by bike each year; any estimate you might see is nothing more than an semi-educated guess at best.

But those figures clearly show, once a wreck severe enough to cause serious injury occurs, you face no statistically greater risk on a bike than you would in a car.**

Don’t know about you, but I’m pretty damn shocked.

* Motorcyclists face a significantly greater risk, with 82,000 injuries compared to 4502 fatalities, for a ratio of 19:1.

**Update: One important distinction I failed to make. As maxutility pointed out, the data doesn’t show the same injury to death ratio for all car and bike collisions, but only those severe enough to result in injury. I’ve adjusted the copy to reflect that. The data does not show whether you are more likely to be seriously injured in a collision riding a bike or in a motor vehicle, just the ratio of serious injuries to fatalities.

Category: Bicycle Safety, Car vs Bike, Injuries and Fatalities / Tags: , , , ,

Christine Dahab to face felony DUI charges, ID in July Downtown bike fatality, Cpt. Hines behind bars

December 8, 2011 / / 3 comments

Against all odds, justice prevailed in Culver City.

According to the Culver City Patch, Christine Dahab has been charged with felony DUI and DWI in the June collision that left 13 cyclists injured — some seriously — when she plowed into a group of riders stopped on the side of West Jefferson Place.

The DA’s office charged Dahab on Nov. 11 with violating California Vehicle Code Section 23153 (A) [Driving Under the Influence of Alcohol causing injury], and California Vehicle Code Section 23153 (B) [Driving while Intoxicated above a .08 blood alcohol content, causing injury].

Both charges are felonies. Dahab wil be formally arraigned at the Los Angeles Airport Court on Dec. 22.

Many local cyclists had given up on ever getting justice in the case, following an initial finding by the LAPD that the cyclists were at fault for standing in the roadway.

According to the finding, the riders became pedestrians the moment some had dismounted from their bikes to wait for stragglers, and so could not legally stand in the roadway — even though most, if not all, of the riders were waiting in the parking lane rather than the traffic lane.

And police falsely claimed that Dahab’s visibility was limited by a blind curve, even though a subsequent test by local riders made it clear that the cyclists should have been readily visible to any non-distracted driver.

To make matters worse, some irresponsible members of the press quoted an unidentified LAPD officer implying that the riders were engaged in a drunken orgy in the middle of the street, noting the presence of beer bottles and condoms in the area where the cyclists were waiting. Yet failed to observe that the area is a popular hangout for people looking for a secluded place to party, and that they could have been left there days or weeks before.

It’s a slander that has entered the public consciousness, as shown by today’s report by LAist that claimed authorities had “found alcohol, condoms and marijuana used by the group.” Even though no reports at the time had ever connected the objects to the riders themselves.

Fortunately, later examination of the city limits revealed that the collision had actually occurred in Culver City.

And while it may have taken a long time, the results indicate that the CCPD took the matter seriously despite the LAPD’s initial finding, and an investigation hampered by the reluctance of many witnesses to come forward.

Thanks to Steve Herbert for the heads-up.

……..

Thanks to the efforts of cyclist/attorney Dj Wheels, we finally have a name for the cyclist who was killed at 8th and Francisco in Downtown L.A. last July.

While the collision was initially reported as collateral damage in a road rage case, the LAPD investigators quickly ruled that out for a lack of evidence, despite witness reports that the driver had been arguing with another driver.

Instead, police investigators ruled that Victor Apaseo-Rodriguez was killed as a result of a narrowed roadway, combined with drivers angling to enter a freeway onramp.

Part of the delay in identifying Rodriguez was the difficulty contacting his next of kin, who lived outside the country. Yet even after they were notified, I was unable to get either the name of the victim or the driver charged with causing his death, despite repeated requests.

Fortunately, Wheels succeeded where I failed.

Acording to Wheels, the driver, Phillip Goldburn Williams, was charged with a misdemeanor count of vehicular manslaughter without gross negligence on October 6th, and arraigned in Metro Court Dept. 60 on October 28th, case number 1MP09818. However, Wheels notes that Williams’ attorney did not enter a plea at that time, and the case has been continued to January 19, 2012.

It will be interesting to watch this case move forward, and see if there’s a reason why authorities were so reluctant to release information that should have been a matter of public record

……..

Speaking of Dj Wheels, we both had a brief scare earlier in the week when it appeared that disgraced Long Beach Fire Captain John Hines had been released on time served, despite a sentence of one year in Orange County jail.

And even that seems like a slap on the wrist for critically injuring cyclist Jeffery Gordon while driving drunk at nearly three times the legal limit — then driving home, reportedly without slowing down, leaving his victim bleeding in the street.

This from a man trained to save victims just like the one he caused.

Fortunately, it was all a misunderstanding.

Wheel’s had followed up on Hines’ incarceration, only to discover that the OC Sheriff’s inmate locator page said Hines had been released at 9:40 am on November 30th. What it didn’t say, and what was missing from all the news stories about his sentencing, was that the judge took the current prison overcrowding problems into account in crafting his sentence, and ruled that Hines can spend his time in an approved city jail, monitored by the county probation department.

In effect, it’s a tougher sentence then he would have gotten in county lockup, where Hines could have enjoyed a Lindsay Lohan-like express route through the system, and been released after serving less than half his already light sentence.

Now he will be required to serve out the full time.

Wheels also notes that the judge specifically structured the sentence to prevent Hines from getting credit for his time in rehab. And that his five-year probation following his release won’t be an easy path, but instead will require monthly reporting duties and fees, along with possible warrantless searches — and that any screw-up anywhere along the way could mean an immediate trip to state prison to serve out the remainder of the probationary period.

So maybe, just maybe, this was less a slap on the wrist than a swift kick in the ass.

……..

Despite reports to the contrary, Stephanie Segal has not been sentenced in the death of cyclist James Laing.

There was some confusion when she was expected to plead to guilty at a hearing on November 29th. However, the defense balked after asking the judge for an indicated ruling — that is, an estimate of what the sentence would be if the defendant changed her plea in open court.

When the defense heard a possible sentence in excess of nine years, they immediately withdrew the plea; a preliminary hearing is now scheduled for December 13th.

It sounds like the judge is giving this case the serious consideration it deserves, and for a change, intends to hold Segal fully accountable for getting drunk and killing another human being.

Now if we could just get him to talk with the CHP.

……..

Last night, I received an email from one of the two riders who tried to assist Carol Schreder immediately after the collision that took her life on Mulholland Hwy last Saturday.

In it, he described comforting her until the paramedics arrived, noting that she was unresponsive, but did manage to squeeze his hand as he held hers. He did not want to share the devastating details in the comments on here, but wanted to come forward to help her family and friends as they try to piece together what really happened that day.

Personally, I can’t think of any higher act of kindness that any person could perform than to simply be there for someone so badly hurt, and let her know she’s not alone in her time of need. My heart goes out to him as he continues to struggle with the painful memories of that morning.

As well as my thanks for stepping up to help a total stranger.

He also mentioned that a doctor came along to help before the paramedics arrived, as well as a photographer to took some pictures of the collision scene. And sure enough, earlier this morning I saw a photo posted online that appeared to show Schreder’s bike shortly after the wreck.

While there was nothing identifying it as the bike she’d ridden, it looked identical to her bike in every way, and was dated the same day as her collision.

But what the photo showed was shocking.

While the CHP has stated that the driver’s van and trailer jackknifed, striking Schreder’s bike with the right rear of the van, this photo clearly showed the aftermath of a rear end collision. The rear wheel of the bike was jammed under the van’s left front wheel, and a gash in the frame corresponded to the upper ridge of the van’s front bumper, with the van coming to rest at a nearly 90-degree angle to the side of the road.

Simply put, it would have been physically impossible for the bike to have ended up in that position if the collision occurred the way the CHP described. Which calls into further question their already dubious decision not to file charges or ticket the driver, calling it just an “unfortunate accident.”

Unfortunately, shortly after I emailed the photographer to ask for permission to use his photo, the shot disappeared from his website, and I have not received a response as of this writing.

I can only hope that he will do the right thing.

And regardless of whether he ever lets me share it with you, that he will forward it to the CHP and Schreder’s family, so they can get the justice they deserve in this case.

……..

Finally, in one of the most bizarre cases I’m aware of, a Virginia driver is fined just $500 for recklessly running down a German tourist touring the U.S. by bike — then initially fleeing the scene before returning, claiming he was chasing a mythical driver who forced him off the road.

That’s $500 for putting a visitor to this country into a coma he may never come out of.

And that’s what too often passes for justice for cyclists in America.

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