Tag Archive for CHP

No wonder we continue to die on California streets, when CHP says killing a cyclist is just an accident

December 6, 2011 / / 5 comments

This morning I received the following email from Chris Willig regarding the tragic death of Hollywood writer/producer Carol Schreder while riding on Mulholland Hwy last Saturday.

A public spokesperson for the CHP West Valley station stated in a phone call Monday that no citation has been issued nor is there likely to be one in the December 3rd death of cyclist Carol Schreder in a tragic traffic incident on Mulholland Highway in Malibu.

He indicated that it was a “unfortunate accident” caused when a possibly inexperienced driver of a van towing a trailer applied the brakes too hard. This caused the trailer to force the van to the right in a jack-knife. The rear end of the van caught Carol who was riding on the right of the fog line severely injuring her. She later died in hospital. Because there was no “criminal intent”, charges against the van’s driver are not being considered.

Wait a minute.

Since when has “criminal intent” been a required element for a traffic infraction?

Under that standard, no one would ever be held accountable for any traffic violation in California. No tickets for running red lights. No violations for driving drunk, since it would be impossible to ever prove intent.

Not even a ticket for distracted driving, since drivers could claim they just broke the law without thinking, and didn’t really mean to do it.

You know, just one of those things.

Like killing a cyclist.

And that, in a nutshell, is why you can count the number of knowledgeable cyclists who still have faith in the CHP on one hand, and have enough fingers left over for a well-deserved gesture.

After all, this is the same organization that said cyclists are responsible for the overwhelming majority of bike-involved collisions — based strictly on their own auto-centric investigations, as well as their pronounced lack of training in the rights and responsibilities of of cyclists and the physics of bicycling collisions.

Let alone that this is the same organization that advised Governor Brown to veto the state’s three-foot passing law.

And despite the fact that it only takes a quick scan of the California Vehicle Code to find a number of violations for which the driver could, and perhaps should, have been cited.

Like the California Basic Speed Law, for instance.

CVC 22350.  No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.

Even if strong crosswinds contributed to this collision, as some have suggested, the driver would have been in violation of the requirement mandating due regard for weather. And at least one other cyclist reports that the van was seen traveling at an excessive rate of speed just prior to the collision.

Then there’s the requirement to follow at a safe distance; the fact that the driver had to brake sharply to avoid the vehicle ahead offers prima facie evidence that the driver was in violation — let alone that there was a stop sign just 260 feet ahead of the point of impact.

CVC 21703.  The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.

And most damning of all is the requirement for drivers towing a trailer to maintain control of both vehicles.

CVC 41104.  In any case, involving an accident or otherwise, where any rear component of a train of vehicles fails to follow substantially in the path of the towing vehicle while moving upon a highway, the vehicle shall be presumed to have been operated in violation of Section 21711.

CVC 21711.  No person shall operate a train of vehicles when any vehicle being towed whips or swerves from side to side or fails to follow substantially in the path of the towing vehicle.

According to the standard set forth in CVC 41104, the simple fact that the collision occurred in the way it did is demonstrates a clear violation that the driver should have been held accountable for, regardless of a possible lack of experience.

And proof that the driver should have been found at fault for the collision, and the death that resulted.

By failing to hold a killer driver responsible for his actions, the CHP has not only failed Carol Schreder, her family and loved ones, but the entire cycling community.

Because we will continue to die on California roadways as long as authorities allow drivers to break the law with impunity.

And just drive away, regardless of the consequences.

If you’re not pissed off yet, maybe you should go back and read this again.

Anyone with information on this case is urged to contact the CHP West Valley Station 5825 De Soto Ave, Woodland Hills 91367-5297; 818-888-0980; maybe if they hear from enough witnesses they’ll reverse this outrageous decision.

Category: Bicycle Safety, Bikes & the Law, Injuries and Fatalities / Tags: , , , , , , ,

Update: San Diego TV station attempts to thin the herd by encouraging children to ride against traffic

August 23, 2011 / / 9 comments

Evidently, they have too many children in San Diego.

How else can you explain a news report on KFMB-TV encouraging children riding to school to risk their lives by salmoning on the wrong side of the road?

And if your child walks, rides a bike or a skateboard to school, make sure they travel against traffic and always wears a helmet.

The helmet advice is fine. In fact, helmets are legally required in California for all bike riders under 18. And walking against traffic can be good advice, although it might have been nice to encourage children to walk on the sidewalk, rather than in the street.

But riding a bike against traffic is not only illegal — bikes are required to ride with traffic — but exceptionally dangerous. While it may give the illusion of increasing safety by allowing riders to see oncoming traffic, it reduces reaction times for both the rider and drivers while greatly increasing the severity of any collision.

It’s bad enough that a local reporter got it wrong and gave children and parents the wrong advice in a mistaken attempt to improve back-to-school safety. What’s worse is that the statement came in the middle of a quote from a California Highway Patrol officer.

At best, it appears to give official support for the reporter’s error. At worst, it suggests that the officer in question is badly misinformed about bike law and safety, and offering advice that could put children at risk.

Hopefully, they’ll make a correction soon. Before anyone takes their advice.

And maybe they’ll talk to someone who knows what the hell they’re talking about before making a similar mistake again.

Update: As of 12:30 today, KFMB still has not corrected their report, despite promising several people who contacted them that they would do so. As a result, I sent them the following email.

Dear Adrienne Moore — 

I’ve heard from a number of people who have contacted you today to correct the dangerously false advice given in your report “Avoiding a big danger kids face on way to school.” They wrote you to asking that you correct the suggestion that children riding bikes should ride against, rather than with, traffic. 
This is both illegal, as California law requires that all cyclists must ride in the same direction as traffic, and dangerous because it reduces reaction time for the cyclists and for motorists rushing towards them. There is no valid authority that advices riding against traffic in the U.S.; however, the placement of the statement within the discussion by CHP Officer Brian Pennings suggests that he provided you with that information.
If he told you that cyclists should ride facing traffic, he is wrong, and this gives you an opportunity to both correct his error and inform the general public how to ride safely with traffic. If not, you have done the CHP a disservice by suggesting that Officer Pennings is unaware of one of the most basic laws governing cycling.
Your continued failure to correct this advice puts the lives and safety of children at risk. I must insist that you offer a full retraction immediately before anyone is injured or killed as a result of your error; simply correcting the story online will not be sufficient to remedy the damage that has been done.
Update 2: I haven’t received a response to my email; however, the video report has been re-edited to say that pedestrians should walk against traffic, and skateboarders and bicyclists should wear a helmet. However, the online print version of the story still has not been corrected, and as far as I can tell, no effort has been made to correct the misinformation given all the people who may have heard or read the original report.
Update 3: I received a response from Adrienne Moore, the reporter who covered the story for KFMB, who apologized for the error and said the story had been corrected. However, the online print version still has not been corrected as of 10 pm August 23rd.
Category: Bicycle Safety, Bikes & the Law / Tags: , , , , , ,

Yet another L.A. bikeway fail; CHP steps up to catch a hit-and-run driver

March 31, 2011 / / 6 comments

Los Angeles recently approved a widely praised bike plan; now the county is holding a series of workshops on their new plan.

And countless other cities around the greater L.A. area are currently somewhere in the development or approval process on plans of their own. Yet one thing that often seems to be forgotten is the need to maintain those bikeways once they’re built.

We’ve discussed it before, from Westwood’s long abandoned and barely ridable bike path, to bikeways blocked by everything from sand to trash cans.

Yesterday, Margaret Wehbi copied me on an email she sent to County Bikeway Coordinator Abu Yusuf, complaining about the condition of bike lanes on Imperial Highway just south of LAX.

In it, Webhi describes her typical ride, in which she pedals up the beachfront Marvin Braude bikeway from Manhattan Beach to Dockweiler, then heads east on the bike lane along Imperial Highway.

And that’s where the problem starts.

Aside from the same broken and pitted pavement faced by riders throughout the L.A. area, she reports that the lane has never been swept, resulting in lots of broken glass, as well as ice plant growing into the bike lane.

Then there’s this:

As you can see, sand has washed out from the embankment onto the bike lane, blocking it entirely and forcing riders out into often unforgiving traffic. According to Wehbi, it’s not a new problem; the photo she took in January would look the same as one taken today — and the same as it would have last year.

Yet it wouldn’t take much to fix the problem.

Just a few scoops from a front loader, and a passby from a street sweeper — making sure to move all the way to the right to get the full bike lane, rather than just cleaning the motor vehicle lanes and leaving cyclists on their own. Then doing it again on a semi-regular basis to keep it that way.

My experience working with Yusuf tells me he’s one of the good ones — an all-too-rare government official who genuinely cares and is committed to doing what he can to improve bicycling in the county. Even if he is sometimes hamstrung by limited budgets and government bureaucracy.

Unfortunately, though, the problem isn’t in his jurisdiction. As I was writing this, I received a response from Yusuf indicating that he had forwarded Webhi’s email to Tim Fremaux and Nate Baird at LADOT Bicycle Services.

Hopefully, they can track down whoever is responsible for not maintaining the bike path into its present condition.

And that’s a big part of the problem, because it’s often almost impossible to discover who is responsible for any given street in the jumbled mishmash of city and county jurisdictions that make up the greater L.A. area. Webhi reports being bounced from the City of El Segundo, to the City of Los Angeles, to L.A. County, and now back to the city in a so far vain attempt to get someone, anyone, to just fix it, already.

But it also serves as a reminder to all of us.

It doesn’t matter what’s in the bike plan, or how many bike paths, lanes and bike friendly streets end up being built, if we can’t ride the ones we’ve got.

.………

I can’t say I’m always a fan of the California Highway Patrol’s investigation of bicycle collisions.

Too often, they’ve appeared to show a bias against cyclists, concluding that we’re at fault in most wrecks involving cyclists.

Even though many other authorities disagree with that conclusion.

Of course, who is at fault too often depends on who is investigating, and the quality of training they received.

However, Lois points us to a recent case in which the CHP appears to have gotten it right, and went out of their way to capture a hit-and-run driver.

A writer on the SoCal Trail Riders forum related the story of a recent hit-and-run in which he was rear-ended by a passing car on Live Oak Canyon Road near Cooks Corner. At first he thought the car clipped his bike beneath the seat. But once he got home and removed his bike shorts, he discovered the clear imprint of a car mirror on his ass.

And as it turned out, the mirror from a gold Nissan was left at the scene after the driver fled.

The CHP arrived, took the report and collected the mirror.

But rather than just file it away, as too often happens when a rider isn’t seriously injured, the CHP officer who took the report went back the next day to look for the driver. And just happened to spot a gold Infinity — made by Nissan — which was missing its right mirror.

Of course, the driver denied any knowledge of hitting a cyclist, claiming that he had been in a collision with an unidentified truck the previous day. But all the authorities have to do to make their case is to match the mirror to the car, and match the bruise on the rider’s butt to the mirror.

Case closed.

The cyclist reports that the officer will be forwarding details to the DA. And that he’s now a big fan of the CHP.

.………

Just a few more quick notes:

A new organization claims to represent the Beleaguered British Driver, politely and automatically  — if involuntarily — enrolling all 30,000,000 of the nation’s drivers. And claims that politicians who support cycling are mentally ill, offering as proof the “fact” that riding a bike requires putting “oneself in the path of rather heavy fast moving machinery,” and asks “Would any sane and right minded person do that?”

The RACF has really commissioned an anti car anti driver report and that is because there is no level playing field. Cycling is done by a tiny minority RACF. Whereas everyone depends on the 30 million drivers of this country and the economy would collapse without them, no-one would miss cyclists at all. The push bike is a political menace simply because any politician who rides one is in a minority and as I have demonstrated, has to be mad.

Someone seems crazy alright. But something tells me it’s not the ones he’s complaining about.

.………

The UCLA Bicycle Academy points out that the school may have been honored as a Bike Friendly University, but there’s still a lot of work to do. And invites you to join them tomorrow at their monthly lunchtime meeting.

And in light of yesterday’s post touching on the Mary Poppins Effect, Travelin’ Local’s Lisa Newton forwards a link to an older study showing a blonde wig could do more to keep you safe than a helmet.

Category: Advocacy & Politics, Bikes & the Law, Streets and Infrastructure / Tags: , , , , ,
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