Tag Archive for dangerous drivers

Friday’s ride, on which I seemed to be invisible

August 27, 2012 / / 6 comments

One of the biggest problems we face as cyclists is being seen by today’s too-often distracted drivers, who seem to take the simple act of driving far too casually.

We wear bright colors, and position ourselves in ways that force anyone paying the slightest attention to see us. Yet too often, motorists seem oblivious to our presence.

Let alone anything else on the road with them.

I saw that yesterday as we were driving home from the market, and watched as the driver ahead of us looked as though he was going to stop for a red light — then proceeded to roll through the light without ever braking and T-bone an SUV on the cross street, knocking it into another SUV waiting in the opposing turn lane.

The impact was hard enough to deploy both airbags in the car that ran the light. And send the driver of the first SUV storming out of his vehicle to berate the man who hit him.

Why he went through the light, I have no idea; he could have been drunk, distracted or just not paying attention.

But it was an odd perspective to watch it all unfold from behind and be unable to do anything about it. And realizing that the airbags and armor plating of the vehicles involved had combined to protect everyone involved from serious harm.

Yet if it had been a bike in the driver’s path, the outcome would had been far different, as the rider would have been severely injured by the initial impact. And most likely would have helplessly fallen into the path of other motorists in the busy intersection.

How the driver failed to see the red light and massive SUV directly in front of him is beyond me. Let alone the bus directly behind it, which avoided the wreck only through a combination of slow speed and the skill and attention of the driver.

And if a driver can’t see something that massive directly in front of him, it doesn’t bode well for the rest of us who present a far smaller profile as we travel on two wheels.

Something I experienced for myself as I rode home on Friday.

I was coming up busy Montana Blvd in Santa Monica on the last leg of a 40 mile ride to the South Bay.

Usually I take San Vicente back from the beach. But every now and then I take Montana just to see something different — even though that means riding even more defensively than usual to dodge the many drivers who turn into or out of driveways and alleys without looking, or dart across the street, oblivious to the presence of anything traveling on less than four wheels.

Like the guy who cut me off as he made his left onto Montana from the side street on my right. And flipped me off when, after braking hard to a stop, I spread my arms in the universal “WTF?” gesture.

Unfortunately, the video didn’t come out for that one.

Then there are the drivers who cut quickly into the bike lane, using it as a staging area to enter or wait for a parking space, without ever looking for a bike that may already be occupying that space.

Or even caring, for that matter.

Like the woman who drove past me just a block or two later, then cut directly into the bike path mere feet in front of my bike. And sparing me from rear-ending her only because she slid forward to wait for a space a little further up the street.

At first I thought she moved up because she heard my shouted warning.

But as I pulled up next to her, it became clear that she couldn’t hear me or anything else in the hermetically sealed automotive bubble in which she was driving.

I was going to say something, but it quickly became clear that she had no idea I was there. And probably never saw me at all as she passed just feet from where I rode in the bike lane.

So I rode off, a little shaken, but grateful I’d been prepared for a dangerous driver like her.

And well aware that it was only a matter of luck that kept me from being rear-ended or sideswiped; had she seen another parking space a few seconds earlier, she would undoubtedly have driven directly into me.

It’s scary as hell to realize that someone could completely miss a six-foot tall cyclist in a bright red and blue Fat Tire jersey.

And riding in a space which should, by its mere existence, suggest the presence of bikes.

………

One other quick note.

If you haven’t read it yet, take a few moments to digest Mark Elliot’s excellent wrap-up of cyclists descending on the recent Beverly Hills City Council session to demand fair treatment on the streets of their city.

Because right now, we’re far less than second-class citizens in a city many of us have no choice but to ride through. And which doesn’t seem to give a damn about whether we live or die.

Or receive justice either way.

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

Just ride

July 23, 2012 / / 6 comments

“Man to man is so unjust.” — Bob Marley, Who the Cap Fit

My sister, who lives in Denver, called us Thursday evening.

As the call was wrapping up, she mentioned that she had to pick my 15-year old nephew up at the movies at 3 am.

Because he was on his way to a midnight showing of the new Batman movie.

The next morning, I awoke to the news that a madman had opened fire in an Aurora theater, not far from their home, during a midnight showing of the movie.

My stomach started doing flips.

It was bad enough that something like this had happened once again. Or that it happened in my home state, in a town I lived in briefly about three decades ago.

I knew there was little chance Adam had been at that particular theater at that exact time. But when an email to my sister went unanswered for longer than I could live with, I had to call to ensure he hadn’t been there.

And I can’t begin to tell you how relieved I felt when he answered the phone, and said he’d gone to a theater closer to his home. One that was, thankfully, madman and assault rifle free.

All weekend, we all were bombarded with a constant drumbeat of news bits, each adding to the still incomplete portrait of just what happened in that theater that night.

Yet none of the jabbering talking heads paused long enough to put this madness in perspective.

Twelve dead is a horrible, tragic needless waste.

But it doesn’t begin to compare with the 90 Americans who lose their lives on our streets every day. And it’s just one less than the death count of cyclists on SoCal streets this month alone.

Ninety killed every day.

Six-hundred-thirty every week.

Two-thousand-forty every month.

Yet there’s no breaking news reports for that story. No attractive anchormen or women breathlessly whipping to reporters in the field, no tidbit of meaningless information that’s not trivial to relate. No outrage or prayer vigils or 24-hour news cycles dedicated to the lives and deaths of victims of the rapidly compounding body count.

And seldom an arrest, let alone prosecution, even when the killer is known.

Instead, we just call them accidents.

Never mind that virtually every collision that occurs anywhere can be traced back to one or more people breaking the law, or operating their vehicles in a careless, distracted or intoxicated manner.

Accidents are virtually never just accidents.

Even on the rare occasions when killers are arrested, those who know them will argue that it wasn’t really their fault. If you only knew the whole story, they insist, you’d understand that he or she was really a good person who just made one little mistake, or did something so out of character it should be forgiven.

Even in cases where the driver left the victim to die on the side of the road, then ran off like a coward and hid the evidence of the collision in an attempt to avoid the consequences of his or her actions.

No outrage.

Seldom any consequences.

And even then, it usually amounts to nothing more than a limp slap on the wrist.

In the meantime, the body count continues to rise. And nothing is done to address the insanity on our streets; no politicians step forward to demand an end to our daily motor maniacal madness.

I don’t have an answer.

I believe, strongly, in a Vision Zero plan. And in placing greater responsibility on those with the greatest potential to cause injury and death.

As well as changing our laws to force drivers to stop and stay at the scene of a collision.

Yet we all wait in vain for a political leader with sufficient courage to take a stand on the issue. Let alone actually do something about it.

Then again, none of our elected leaders seems to have the courage to do something about all the Columbine/Virginia Tech/Aurora massacres that actually do make the news, either.

I wish I had a solution.

I really do.

Other than demanding that our candidates for every office go on the record for what, if elected, they would do to address these parallel, if vastly uneven, bloodbaths. Then vote accordingly in the fall.

But at least I know a way to release that knot that’s been gnawing at me since Friday morning. And salve, in some part, the overwhelming sadness.

And that’s get out on my bike.

For a moment, for a hour, for an afternoon.

Let the wind blow away whatever tears may fall.

And just ride.

My prayers for all those injured or killed in the Aurora shooting. And all the countless named and nameless victims of the madness on our street.

Category: Advocacy & Politics, Bicycle Safety, Bikes & the Law, Car vs Bike, Injuries and Fatalities, Law Enforcement / Tags: , , , , , ,

Dangerous driver alert, cyclist critically injured in West LA, and your fresh summer solstice links

June 21, 2012 / / 5 comments

I received the following email last night, urging cyclists to be on the lookout for a dangerous driver who continues to drive despite a restricted — and possibly suspended — license.

And despite seriously injuring a cyclist in a collision late last month.

URGENT -Dangerous Driver Alert If you ride the Rockstore Loop you should be very concerned. (Agoura Road, Cornell Road, Mulholland Between Cornell & Lake Vista Dr.)

The Vehicle: 2012 Red Hyundai Elantra License 6TLN???* Damage to right front & right side. Missing right side mirror.

On 5/30/2012 @ 6:30 AM Local Cyclist Richard Harris sustained serious injuries and was Life Flighted to UCLA when he was run down from behind by a 45 MPH car while riding in the bike lane on Cornell Road � mile N of Mulholland. The 88 year old Driver of the car lives in Malibu Lake and is continuing to drive even though she has a restricted and possibly suspended license. She regularly drives back and forth between Malibu Lake & Agoura. This driver has been involved in multiple serious accidents in the last six months. The DMV has already been notified by the CHP that she needs a priority reexamination of her license. However she continues to drive in violation if the restrictions placed on her. If you see her driving call 911 so the CHP can impound her car.

*I’ve removed the last three digits of the license number to protect the online privacy of the driver; if you see a car matching that description with the first four digits of the license, contact the police and let them determine if it’s the right car.

And whatever you do, don’t try to deal with the situation yourself.

Thanks to Michael Byerts, Henry Hsieh and Steve Herbert for the heads-up.

………

A UC Berkeley and Santa Monica College student is critically injured in a collision with an SUV while riding her bike home last week. Tragically, her mother and sister discovered her lying in the street no more than a minute after the collision; she’s reportedly doing well, despite suffering life-threatening injuries.

………

Once again, the great helmet debate rears its ugly head. This time in our neighbor to the north.

No, further north.

The Ontario, Canada chief coroner gets it right by saying all of the 129 cycling deaths in the province since 2006 could have been prevented. And responds by calling for a 14-point plan to prevent bicycling deaths — including a mandatory helmet law.

And that’s where the argument starts.

A writer for the National Post says prove helmets are effective before making them mandatory, while Quebec pediatricians call for a law mandating helmet use for children.

The Toronto Star says the coroner is right, while a Toronto writer likes most of the suggestions, except for that damn helmet law. Windsor cyclists say it’s a matter of choice; the local paper calls for better education — and maybe mandatory helmets. The Ottawa Citizen says it should be an adult’s choice, which is exactly my take on the subject, even though I never ride without one.

Meanwhile, cyclists call for easing British Columbia’s helmet law, while a letter writer says they must be brain dead. The Daily News says repealing the law would send the wrong message, noting the outcry that would occur if the requirement to wear a seat belt was withdrawn.

Then again, unlike bike helmets, seat belts are designed to offer protection in crashes above 12.5 mph.

And an Anchorage AK writer suggests bike lanes would do more to make riders safe than requiring — or even wearing — helmets.

………

The San Francisco cyclist charged with killing a pedestrian while allegedly trying to beat his time on Strava enters a not guilty plea. Meanwhile, the family of a fallen cyclist files suit against Strava for encouraging dangerous riding. And Strava changes their terms and conditions to absolve themselves of any responsibility for anything anyone does using their service; good luck with that.

And Dave Moulton wisely advises riders not to play pretend racer on city streets — and somehow does it without using the words jerk, idiot or anything derived from four-letter words; I’m not sure I could show that kind of restraint.

………

Bike share takes to the streets in Salt Lake City and New York, where the Post calls it a money-wasting crazed campaign backed by cycling-advocate groups and their stooges.

………

The bikelash rises in an attempt to stop a planned road diet on Honolulu Ave in Glendale, so City Council members delay a decision until July 10th. A writer for Patch explains the arguments for and against.

………

As noted here last week, Heal the Bay and Mountains Restoration Trust are calling for mountain bikers to help clean up sections of Malibu Creek State Park to remote to reach on foot this Saturday. The LA Sheriff Cycling Team hosts 350 riders for the second annual Ride 2 Recovery Honor Ride; thanks to George Wolfberg for the heads-up. The long awaited Main Street bike lanes are on their way, while the Source questions whether it’s legal to park in them; short answer, not in Los Angeles, where parking in bike lanes in banned by local ordinance — even if the police don’t seem to know that. Over 200 riders took part in this year’s L.A. World Naked Bike Ride. L.A. riders recreate the famous flying bike scene from E.T. — without the flying, of course. Letter writers to the Times call for protecting pedestrians from cyclists, although one notes that you can’t blame all riders for the actions of a few. Richard Risemberg discovers the Graffiti Bridge. Four Santa Monica schools will take part in the Safe Routes to Schools program.

A harrowing report on a left-cross collision from Orange County’s cdmCyclist; oddly, the badly injured rider found a link to his own collision right here. San Clemente is seeking funding to develop smart bicycling signs riders can scan with a cell phone to get local information. A San Diego writer says biking in that city means literally risking his life, while another is stunned to discover cyclists have a right to use the whole lane. Two San Mateo men are charged with deliberately running two boys off the road, as well as threatening them with a knife. Three years in San Quentin and a lifetime driving ban for a Saratoga hit-and-run driver with one prior DUI. Sadly, the retiring Sonoma State University professor severely injured by a hit-and-run driver — who said he didn’t stop because he had to get to work — has died of his injuries. A not guilty plea from an accused Bay Area hit-and-run driver with three prior DUIs; why is someone with a record like that even allowed on the road? BART police arrest a Major bike thief.

AASHTO, the national association of state departments of transportation, updates its guidelines but leaves out cycle tracks. A Portland cyclist credits the movie 127 Hours with inspiring him to climb back up a ravine with a broken neck, eight broken ribs and both lungs punctured after he rode off the road at 41 mph. Grim stars join in on Portland’s partly naked bike ride. Issaquah firefighters buy a new bike for a 4th grade boy after his is broken by a careless driver. In a bizarre twist, a Washington town may not be able to afford its mandatory helmet law; thanks again to George Wolfberg for the link. Colorado’s Attorney General seizes $300,000 worth of bogus bike parts and jerseys; this is why you have to be careful about buying from unknown sources. Cyclists are divided on installing a protected bikeway in Lincoln NE. Springfield Cyclist looks back on a successful Ride the Rockies. It’s time to take back the bike lane in Chicago. Dottie of Let’s Go Ride a Bike declares jerk driver season officially open; it takes a real jerk to steal a bike from a Michigan boy with cerebral palsy. The police chief of Grand Rapids MI crashes into two boys on a bike. A New York paper points out pedestrians have little to fear from us pedalists, but everyone has to worry about cars. Why do police always assume a cyclist simply fell over when they find a badly injured rider on the road; sideswiping a rider could also result in serious injuries without damaging the bike.

Canada’s transport minister rejects a requirement for trucks to have side guards to protect cyclists and pedestrians; evidently, saving lives isn’t worth offending the trucking lobby. An Alberta cyclist asks local residents to control their dogs. The Economist says more UK residents are riding bikes, but it’s still a niche activity. London’s Boris Bikes bike share program is swindled out of £42,000. It takes a real schmuck to steal a man’s bike after he suffers a heart attack while riding. A 13-year old UK bike rider is killed by a driver racing his girlfriend at 80 mph, after his car flips and hits two girls riding on a bike path. With more people riding bikes, the Irish Times questions just how safe their streets really are. Even in Israel, deeply observant riders can’t compete in the national championships because their held on the Sabbath.

Finally, your next bicycle could fly; no, really. And a Massachusetts cyclist has his bike and jewelry stolen by a sausage-wielding attacker.

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

Blaming the victim: Beverly Hills police blame sidewalk riding cyclist over dangerous driver

March 5, 2012 / / 19 comments

Last week, I received the following email from cyclist and budding brewmeister Todd Mumford.

As you may recall, Todd recently described a collision that left him with minor — though painful — injuries and a badly mangled bike. Now his neighbor has been the victim of a law-breaking driver.

And, apparently, the Beverly Hills police.

Todd notes that the story is second hand, but he has no reason to question his neighbor’s version of events.

He was headed east on Olympic Blvd. At some point he was riding in the street, but jumped on to the sidewalk (there was a car blocking his path or something like that).

He was on the sidewalk when he entered the crosswalk at Olympic/Doheny on a green light with the pedestrian walk sign. According to my neighbor, he checked the road and all was clear as he entered. However, as soon as he got into the crosswalk, he looked left just in time to see an SUV make a right turn from the middle lane at the last second, hitting my neighbor and sending him to the ground; he took the brunt of the impact with his shoulder.

The driver stopped and checked on my neighbor. My neighbor said two or three drivers that witnessed the accident also stopped, and started berating the driver that hit him for driving like a maniac. According to them, the driver of the SUV was speeding down Olympic, weaving in and out of traffic and finally made an illegal right turn from the middle lane before striking my neighbor.

The paramedics arrived as did the police. My neighbor got checked out and nothing appeared broken, but his shoulder was in a lot of pain (it has since become worse and he is going to get it checked to see whether he needs surgery). The police took the statements of the witnesses, the driver and my neighbor.   Their conclusion at the end of the police report was that my neighbor was entirely at fault because he was riding on the sidewalk. (My neighbor also said the police treated him like he did something wrong the entire time.)

Now, as I explained to him, it’s illegal to ride on the sidewalk in Beverly Hills. If he was just a little farther down Olympic he would have been in Los Angeles and it would not have been an issue. What I am wondering is if the police came to their conclusion because the law states it’s illegal to ride on the sidewalk or they think he’s at fault because the driver couldn’t see him because he was riding on the sidewalk.

All of which begs the question, what would the police have concluded had the SUV hit a pedestrian who was walking down the sidewalk had just entered the crosswalk and got hit?

If the police assigned 100% of fault to my neighbor because he broke the law by riding on the sidewalk, they are absolutely in the wrong. There is a legal concept in torts called negligence per se  (http://en.wikipedia.org/wiki/Negligence_per_se), which, although not applicable here, feels like the police may be following the same concept. “You broke a law, you got hit, your fault.”  I have not seen the police report, but if they assigned 100% of fault to my neighbor, I would assume the driver was not cited for anything.

My neighbor said he has since retained an attorney and the driver’s insurance company assigned 80% of the fault to the driver and 20% to him, which is a small victory.

(As a side note, when I was dealing with the adjustor for the insurance company of the driver that hit me, they asked if I was riding on the sidewalk when I was hit.)

This story raises a number of issues.

Not the least of which is the problem of sidewalk riding, which is legal in some California cities and banned in others. And even legal in some areas of cities that ban it in others, such as Beverly Hills, which bans sidewalk riding only in business districts — even though BHPD bike officers routinely ride on the gilded sidewalks of the city’s Golden Triangle, including Rodeo Drive.

This patchwork of laws makes it virtually impossible for cyclists to comply with the law, as they may have no way of knowing if it is legal or illegal as they pass through the many various communities of the county.

In effect, it’s no different from the speed traps that plagued the state in the ’40s and ’50s. By refusing to post regulations on the street where cyclists who don’t live in the city can see them, jurisdictions that ban sidewalk riding virtually ensure that riders who take to the sidewalk for whatever reason will break the law at some point and be subject to ticketing.

Or worse, as this case points out.

Of course, the one solution is for all cyclists to always ride in the street. But simple common sense says that will never happen, as some riders will always feel more comfortable on the sidewalk, while others will jump on and off as needed to avoid road hazards and dangerous streets.

A better answer is to establish a uniform standard from city to city so it’s actually possible for riders to know and observe the law, wherever they ride.

Then there’s the problem of police in the Biking Black Hole of Beverly Hills ignoring witness statements that the driver broke the law by making a right turn from the wrong lane. And deciding that the relatively minor violation of riding on the sidewalk completely outweighs a reckless driver in a dangerous vehicle putting others at risk by committing a major moving violation.

Despite the driver’s potential to cause harm, they insisted on blaming the victim. Instead of holding people operating vehicles that are capable of killing their fellow road users accountable for operating them in a safe and legal manner, they heaped all the blame on the bike rider, who posed a danger no one but himself.

All of which begs the question, what the f*** is wrong with Beverly Hills??????

Maybe you can ask them yourself.

The Beverly Hills City Council is meeting tomorrow afternoon, Tuesday, March 6th, at 1:30 pm. Bikes are on the agenda — a discussion of the city’s first planned bikeways, making them only 40 years or so behind the rest of the world.

But maybe we can use the opportunity to ask why they seem intent on remaining the most bike-unfriendly city on the Westside.

Category: Bikes & the Law, Car vs Bike, Guest Columns, Law Enforcement / Tags: , , , , , , ,

A little human interaction turns a bad day into a good ride — one even the worst driver can’t ruin

November 28, 2011 / / 7 comments

This day did not start well.

Monday morning meant back to our regular routine after the long holiday weekend. Which meant walking my wife down to her car, then taking the dog out for its morning walk.

The dog has her own routine, too.

She insists on walking out front and waiting for my wife’s car to exit the garage. Then stands and barks a few times as my wife drives off to work.

And then — and only then — will she acquiesce to begin our daily constitutional around the block.

Today was different.

This time, she heard the garage gate open and took off running, jerking the leash out of my hand. And planted herself squarely in front of my wife’s car, hidden below her field of vision, in an apparent attempt to keep her from leaving.

Nice gesture. Bad execution.

Fortunately, my wife is a careful driver, and was exiting the garage slowly enough to hear my shouts of warning. She jammed on the brakes and stopped just short of turning our Corgi into road kill.

So I collected the dog, and after giving her a good talking to — which she seemed to clearly understand despite the language barrier — we finished our walk, my stomach churning the whole way over what might have been and almost was.

A few hours later I was still shaken, so I did what I usually when I’m upset.

I got my bike and went for a ride.

I was about three miles from home when the light at a busy intersection turned yellow. I noticed a driver facing the opposite direction, waiting to make her left and unsure what I was going to do. So I gave a quick nod for her to go ahead while I braked to a stop.

She smiled in response and waved her thanks as she turned just before the light changed to red.

A few moments later, as I waited at the light to turn green, a car pulled up behind me with its right turn signal on. I moved my bike slightly to the right so he could pull up to the intersection, nodding his thanks as he moved up next to me.

But instead of stopping, he continued to edge forward. So I pointed to the No Right on Red sign, unsure if he could still see me. Yet shortly afterwards, the car’s forward stance visibly relaxed as he took his foot off the gas, then turned around to give me a thumbs up for saving him from a possible ticket.

And suddenly, my mood brightened, the day’s near disaster finally behind me.

Throughout my ride, I found myself interacting with drivers and pedestrians in countless little ways. For once, it wasn’t drivers versus cyclists, but human beings recognizing the humanity in one another, and finding ways to share the road in peace and safety.

I even got the chance to express some thanks of my own, as a driver prepared to enter his car in a busy area where dooring is always a distinct possibility. He looked up and saw me, though, and somehow managed to squeeze himself into his car while barely holding the door open to allow himself the smallest possible entryway. And leaving me plenty of room to ride past as I thanked him for the courtesy.

Just one stranger looking out for another.

It was a day when courtesy and compassion seemed to override the usual stress on the streets. And a reminder that we’re not really cyclists or drivers, but just people trying to get from here to there and return to our loved ones in peace.

And in one piece.

Although that came into serious question when I encountered a woman who may just be one of the worst drivers in human history. Or at least one of the worst I’ve ever seen.

I was making my way home, taking my usual shortcut through the VA hospital grounds, when I was passed by a massive white SUV.

As we both neared a stop sign, she edged over to the right in an obvious attempt to block my path. So I rode around her anyway, only to have her lurch towards me in what I could only interpret as an unprovoked threat, coming less than a foot from hitting me before straightening her wheel and continuing down the road.

She didn’t get far, though. An ambulance coming from the opposite direction with red lights and siren blaring caused the car ahead of her to pull to the right and stop, blocking her path.

I pulled out my camera phone, intending to take a photo of her license plate while she was stopped.

Then watched in horror as she hesitated for a few moments before cutting sharply to the left, driving head-on into the path of the ambulance to get around the stopped car. And forcing the ambulance driver into a full panic stop, less than a block from the ER entrance, to let the dangerously aggressive driver pass without causing a wreck.

Barely.

And never mind that every second counts in an emergency situation, and that her idiotic stunt could have put the patient in jeopardy. Let alone everyone else on the road who could have been collateral damage to her need to get where she’s going just a few seconds faster.

Wherever the hell there might be.

Once the ambulance passed, I kicked it up into my smallest gears to catch up to her.

Unfortunately, shift change at the hospital flooded the street with cars, cutting me off before I could catch her. And letting her get away to threaten other cyclists and risk the lives of other people another day.

Yet even that couldn’t kill my upbeat mood.

It would take more than one dangerous, threatening jerk to outweigh all the safe, positive and friendly interactions that came before.

And that’s what I call a very good ride.

And a good day.

Even if the jerk got away.

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

The charges fit the crime — OC authorities re-file in alleged DUI speed racing collateral damage case

October 12, 2011 / / 2 comments

Most times, we’re just happy when charges are filed against a driver for killing or injuring a cyclist.

Any charges.

No matter slight, because it beats the all too frequent alternative in which dangerous motorists drive off to do it again, without even a bruise on their wrists.

Which makes it very surprising when the DA not only files charges, but actually re-files to bring enhanced charges — and stiffer penalties — against a driver in a criminal case.

But that’s exactly what happened in the case of Michael Roach, accused of contributing to the crash that critically injured Huntington Beach cyclist Richard Lauwers last January.

Lauwers was riding home on a beachfront bike path when he became collateral damage in a street racing collision between 57-year old Glenn Michael Moore and 36-year old Michael Roach.

In other words, two men old enough to know better.

Thankfully, Lauwers survived, if barely.

In fact, he’s reported to have recovered from his injuries, and resumed riding his bike around his hometown.

An anonymous source reports on the enhanced charges against Roach. And notes that it wasn’t his first offense.

Michael Dennis (“Speed Racer”) Roach was previously charged with a single violation of 23109 (engaging in a speed contest) in the January incident that put cyclist Richard Lauwers in critical care for six days.

That charge has been dropped. The case has been refiled with different charges. The new charges are 23109.1 (DUI with injury) along with an enhancement of inflicting great bodily harm, and 23109.1 (engaging in a speed contest, with injuries to another). Roach has pled not guilty to both and posted $50,000 bond.

It gets more curious.

Ten years ago, he was arrested and charged with four separate misdemeanors in that case:

  • 23152(a)…….DUI
  • 23152(b)…….DUI with a BAC of .08% or greater
  • 20002(a)…….Hit & run with property damage
  • 14601.1(a)….Driving on a suspended license

He pled not guilty to 23152(a), and that charge was dismissed. For the others, he was sentenced to a total of 50 days in jail and three years of informal probation, and his license was restricted for 90 days. He then violated his probation (I dunno for what), and earned another fun 30 days in jail. His probation was reinstated, and during this time, he was also cited for speeding and failure to show proof of registration, in separate instances, although neither seems to have affected his probation. His history of recklessness probably has something to do with the new, improved charges.

Meanwhile, fellow speed demon Moore — the driver whose car actually collided with Lauwers — faces a misdemeanor count of engaging in a speed contest, as well as felony counts of DUI causing great bodily injury and DUI with a blood alcohol content over .08%.

In other words, both were blasted at 8 am on a Sunday morning.

And nearly killed another human being because they were too drunk — or too stupid — to keep their damn feet off the accelerator pedal.

……..

The same source reports that Joseph Fernandez is finally behind bars for the death of Encino cyclist Jim Swarzman.

Also, Joseph Fernandez, who slaughtered Jim Swarzman as his fiancé watched, is currently behind bars at the Richard J. Donovan Correctional Facility in San Diego County. I tried to confirm the length of his sentence yesterday (Columbus Day?), but the courthouse was closed. Still, it’s comforting to know he’ll be off the streets for a while.

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

More details on Sunday’s DUI bike collision in Torrance; driver had numerous moving violations

April 5, 2011 / / 32 comments

More details are trickling in on Sunday’s early morning DUI collision that left cyclist Adam Rybicki in critical condition.

According to the Daily Breeze, a car driven by 19-year old Jaclyn Andrea Garcia veered towards the group of cyclists, who were riding two-abreast on the right hand side of the street, as the car approached from about 75 yards away.

The members of the Doctor’s Ride — so called because of the number of physicians, lawyers and other professionals who regularly take part — swerved to get out of the way and braced for impact.

An email that was been forwarded to me, written by one of the participants on the ride, describes the car, a Kia mini SUV, swerving back to the right at the at the last second. The writer reports locking up his back wheel, screaming and somehow getting by, while the rider to his left, identified only as John, clipped the driver’s fender and fell into the street.

The rider to John’s left, identified as 49-year old Adam Rybicki of Rancho Palos Verdes, was hit head-on after he had swerved in a failed attempt to avoid the car; by swerving to the left, he had inadvertently put himself directly into the path of the Kia when it veered back to the right.

The writer reports that the car stopped, but the engine was still running, so he walked around to the driver’s side and screamed at her to turn off the engine. He reports that a man named Dick, identified in the Daily Breeze as a surgeon participating on the ride, tended to Rybicki until the paramedics arrived; his actions may have saved Rybicki’s life until he could be rushed to Harbor UCLA Medical Center.

He also notes the driver was breathalyzed and arrested, and everyone on the ride was interviewed. And that the police are doing a thorough investigation — despite the impression left by the comments made by a police spokesperson in the initial Daily Breeze report.

The Daily Breeze reports that Garcia has had multiple moving violations in just the last two years — yet was still allowed to keep her license.

Jaclyn Andrea Garcia, 19, has a valid driver’s license, but has had four convictions for driving offenses since 2009, including three for speeding, state Department of Motor Vehicles records show.

The records showed Garcia was convicted Jan. 14, 2009, of driving at a speed unsafe for the prevailing conditions.

On May 13, 2009, she was convicted of failing to obey signs. On Dec. 4, 2009, she received a ticket for speeding at more than 70 mph, then received another ticket for driving at a speed unsafe for the conditions on Jan. 25, 2011.

Despite that, she was allowed to keep driving, and nearly took the life of another person on Sunday.

One of the commenters on today’s post questioned why the passengers in her car weren’t subjected to a blood alcohol test, since they were also reputed to be drunk and underage — and he describes them, not unfairly, as accomplices rather than mere passengers.

Several reports have described the driver as emotionless, and told of one passenger who, rather than show any concern or compassion for the victim, attempted to walk away, saying she had to get to work and didn’t have time “for this shit.”

As I understand it, it is also an established legal principal that whoever supplied them with the alcohol — whether a business or individual — can be held accountable for the actions that resulted. We can only hope that the police follow the investigation as far as it goes, and the DA pursues all the charges that are warranted, whether against Garcia or anyone else who may have contributed to the tragedy.

Meanwhile, Garcia has been released on $100,000 bail, while Rybicki, who has a wife and son, remains in a coma with a broken leg and ankle, several broken ribs, a broken shoulder, cracked vertebrae, multiple skull fractures and bleeding in the brain.

Maybe you can tell me what’s wrong with this picture.

My prayers go out to Adam, his family and loved ones, with my best wishes for a full and speedy recovery.

.………

Another comment received Monday evening from a couple who describe themselves as regular participant in the same ride confirms many of the details from other sources.

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

More details on Sunday’s DUI bike collision in Torrance; driver had numerous moving violations

April 5, 2011 / / 32 comments

More details are trickling in on Sunday’s early morning DUI collision that left cyclist Adam Rybicki in critical condition.

According to the Daily Breeze, a car driven by 19-year old Jaclyn Andrea Garcia veered towards the group of cyclists, who were riding two-abreast on the right hand side of the street, as the car approached from about 75 yards away.

The members of the Doctor’s Ride — so called because of the number of physicians, lawyers and other professionals who regularly take part — swerved to get out of the way and braced for impact.

An email that was been forwarded to me, written by one of the participants on the ride, describes the car, a Kia mini SUV, swerving back to the right at the at the last second. The writer reports locking up his back wheel, screaming and somehow getting by, while the rider to his left, identified only as John, clipped the driver’s fender and fell into the street.

The rider to John’s left, identified as 49-year old Adam Rybicki of Rancho Palos Verdes, was hit head-on after he had swerved in a failed attempt to avoid the car; by swerving to the left, he had inadvertently put himself directly into the path of the Kia when it veered back to the right.

The writer reports that the car stopped, but the engine was still running, so he walked around to the driver’s side and screamed at her to turn off the engine. He reports that a man named Dick, identified in the Daily Breeze as a surgeon participating on the ride, tended to Rybicki until the paramedics arrived; his actions may have saved Rybicki’s life until he could be rushed to Harbor UCLA Medical Center.

He also notes the driver was breathalyzed and arrested, and everyone on the ride was interviewed. And that the police are doing a thorough investigation — despite the impression left by the comments made by a police spokesperson in the initial Daily Breeze report.

The Daily Breeze reports that Garcia has had multiple moving violations in just the last two years — yet was still allowed to keep her license.

Jaclyn Andrea Garcia, 19, has a valid driver’s license, but has had four convictions for driving offenses since 2009, including three for speeding, state Department of Motor Vehicles records show.

The records showed Garcia was convicted Jan. 14, 2009, of driving at a speed unsafe for the prevailing conditions.

On May 13, 2009, she was convicted of failing to obey signs. On Dec. 4, 2009, she received a ticket for speeding at more than 70 mph, then received another ticket for driving at a speed unsafe for the conditions on Jan. 25, 2011.

Despite that, she was allowed to keep driving, and nearly took the life of another person on Sunday.

One of the commenters on today’s post questioned why the passengers in her car weren’t subjected to a blood alcohol test, since they were also reputed to be drunk and underage — and he describes them, not unfairly, as accomplices rather than mere passengers.

Several reports have described the driver as emotionless, and told of one passenger who, rather than show any concern or compassion for the victim, attempted to walk away, saying she had to get to work and didn’t have time “for this shit.”

As I understand it, it is also an established legal principal that whoever supplied them with the alcohol — whether a business or individual — can be held accountable for the actions that resulted. We can only hope that the police follow the investigation as far as it goes, and the DA pursues all the charges that are warranted, whether against Garcia or anyone else who may have contributed to the tragedy.

Meanwhile, Garcia has been released on $100,000 bail, while Rybicki, who has a wife and son, remains in a coma with a broken leg and ankle, several broken ribs, a broken shoulder, cracked vertebrae, multiple skull fractures and bleeding in the brain.

Maybe you can tell me what’s wrong with this picture.

My prayers go out to Adam, his family and loved ones, with my best wishes for a full and speedy recovery.

.………

Another comment received Monday evening from a couple who describe themselves as regular participant in the same ride confirms many of the details from other sources.

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

Update: Charges coming in street-racing death of Jorge Alvarado

May 21, 2010 / / 3 comments

Bahati rider Jorge Alvarado, from the VeloNews forum

Following up on last night’s post, Dj Wheels forwards news that charges will be filed against Patrick Roraff, the 18-year old driver accused of killing pro cyclist Jorge Alvarado while street racing near San Bernardino.

According to a story in the Press-Enterprise, San Bernardino County Deputy D.A. Dan Detienne made the announcement at the Temecula Ride of Silence, which tuned into a de facto memorial for Alvarado. The ride was joined by Alvarado’s brother Louis, who rode in honor of Jorge.

“I just want to say thanks to everyone,” he said.

He then turned away from the group and bowed his head over the handlebars of his bike, no longer able to hold back tears.

The story reports that Roraff was driving on the wrong side of the road at over 70 mph when he lost control of his Honda Accord and plowed into Alvardo, who died at the scene.

Cyclists throughout the U.S. and Mexico will be watching closely to ensure that the charges reflect just how tragic, serious and needless this crime was.

Category: General / Tags: , , , , ,

Reporting dangerous drivers online — Philadelphia, London and coming soon, L.A.

April 7, 2010 / / 4 comments

We’ve all been there.

And if you haven’t yet, just keep riding and you will.

Sooner or later, some driver will take offense at how you ride, where you position yourself in the lane or the simple fact that a bike is taking up space on his road.

So he’ll show his anger by buzzing you, passing way too close for comfort, or maybe making a sudden right-hook turn or braking directly in front of you, forcing you to jam on your brakes to avoid a collision. See Thompson, Dr. Chistopher.

Or maybe it’s just someone who doesn’t have the good sense to put down her cell phone, blowing through a stop sign just as you were about to enter the intersection.

Whether it’s your skills or the fact that the driver has just enough sense and ability to avoid a collision, you escape unscathed but shaken. And mad as hell, wishing there was something you could do about it.

Even if you did call the police, the driver would be long gone before they could respond, or off the phone, or just deny everything. Or the police would tell you that they have to witness the infraction before they can do anything.

Which means you’re on your own and SOL.

That should be changing soon.

While the police may not be able to do something about a specific incident, they can do something about the larger trends, like policing intersections where cyclists frequently encounter problems or stationing officers along a stretch of roadway where drivers refuse to play nice.

The problem is making them aware of these issues.

Philadelphia police, working in conjunction with the Bicycle Coalition of Greater Philadelphia, have addressed that by developing an online system that allows cyclists to report hazards, harassment, crashes and blocked bike lanes.

Locally, the LACBC recently forwarded a list of the city’s most dangerous intersections to the police as part of their work with the LAPD Bike Task Force, enabling officers to examine them and determine if the problem can be resolved through roadwork, better signage or tougher enforcement.

Meanwhile, Bikeside has worked with the LAPD, as part of that same task force, to develop an interactive map that combines police collision data with a system to report near misses, collisions, harassment and bike thefts. It not only gives you a way to report incidents you’ve experienced, but allows you to search for dangerous areas you might want to avoid or at least use a little more caution when you roll through.

As they say, forewarned is forearmed. Not that I’d recommend carrying weapons on your bike, as tempting as that might seem sometimes.

You’ll find a similar system for reporting crashes, hazards and thefts — without the integrated police data — at Bikewise.org.

And the LAPD is working with the Bike Task Force to develop an interactive system similar to the one in Philadelphia, which should be online later this year.

Now comes word that the London Metropolitan Police have developed an online system allowing anyone to report dangerous drivers and unsafe conditions. But it goes further by asking people to report uninsured or unlicensed drivers, as well as people who make a habit of drinking and driving.

Around here, it would also have to include a way to report drivers who consistently phone or text behind the wheel.

But if there’s any question whether their system works, consider this.

After a London driver honked, swore and swerved his car at a cyclist, the rider reported the incident on the Roadsafe London website. The police followed up by contacting the employer, which prompted the company to review their tapes from the car’s on-vehicle cam.

And then they promptly fired the driver.

Even if you use an online system to report an incident, you should still report crimes to the police by calling 911 for emergencies, or 1-877-ASK-LAPD (1-877-275-5273) for non-emergencies — and yes, you should have that programmed into your cell phone. And if there’s any question whether you should report an incident to the police, call them and let them figure it out.

………

After coming in for harsh criticism from Dr. Alex, LACBC explains the facts behind their recent grants, and how they intend to work with the South Bay Bicycle Coalition to develop an integrated bike plan for the South Bay area.

And yes, the work will be done by professionals with training and experience in the field, despite what you may have heard.

………

Thanks to Green LA Girl for the reminder about Thursday’s Bike Night at the Hammer, and the first ever Streetsblog Fundraiser this Friday at Eco-Village; Damien says admission to the Streetsblog event is a suggested donation, and no one will be turned away due to empty pockets.

And check out Bikeway Central, a new compendium of nationwide bikeway maps, information and advocacy organizations.

………

Meet Congressional candidate Marcy Winograd when she speaks at Bikerowave on Wednesday. The L.A. Chapter of the American Institute of Architects endorses the 4th St. Bike Boulevard. Santa Monica unveils its draft Land Use and Circulation Element Wednesday; Gary explains why this matters to cyclists. A Claremont cyclist says an effective traffic signal button would work even better with a green bike box; I seriously want his banner art. Better directional bike signage is popping in Long Beach, even if they misdirect sometimes. The California Bicycle Museum is merging with the U.S. Bicycle Hall of Fame; bet you didn’t know either one existed. A Colorado Springs cyclist faces down a gun in a road rage incident. The bikefication of New York continues, with upcomming green bike lanes leading from the Brooklyn and Manhattan bridges. It’s spring, when a rider’s fancy turns to riding rough roads. How to pass a horse when you’re on a bike; that’s not a problem we have too often around here. EcoVelo offers a pretty picture from a springtime commute. I understand getting hit by a car, but how does a cyclist get hit by a train? Miami police investigate the outgoing mayor for corruption after he accepted a $321 bike from his staff, while Miami cyclists get tickets for doing exactly what the city encourages. In more Miami news, yes, that is Jamie Foxx on a bike. A little further north, drivers are an increasing danger to Jacksonville cyclists and pedestrians. Austin’s planned bike boulevard shrinks. A Vancouver cyclist struggles to reclaim his life nine years after an excruciating collision, while an Edmonton cyclist collars a firebug. A New Zealand truck driver is charged with killing a German tourist just three days after she wrote about the dangers of Kiwi truckers, while the family of a Christchurch cyclist says there was nothing she could have done to avoid a fatal collision. A London cyclist faces charges of involuntary manslaughter by recklessness and negligence after a fatal collision with a pedestrian. We Yanks might call it something else, but all cyclists seem to face that Oh Sod It, Just Carry On moment.

Finally, a Holland, Michigan cyclist looks at the bike path from the mindset of an impatient driver; some of the commenters don’t seem to get the joke.

Category: General / Tags: , , , , ,
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