Tag Archive for police bias

Torrance police spokesman responds about statement blaming cyclists

It seemed black and white.

A cyclist is critically injured in a collision with an underage drunk drunk driver. And the very next day, a story appears in the local paper clearly suggesting that the cyclist could have been at fault.

He added that it’s not clear if the driver swerved or what led to the accident.

“It’s kind of a residential street, so we’re not sure if the bicyclists were staying on their side of the road or taking up more of the road,” Chase said.

I responded to it almost immediately, as did thousands of other cyclists.

After all, it fit with the long-standing pattern of police bias against cyclists that we’ve been battling for decades.

But over the past few days, as the story unfolded, it became clear that there was more to the story. Riders who were on the scene reported that the police conducted a fair and complete investigation, while others stressed that the officer who made the statement was not involved in the case.

Lately, though, I’ve been receiving messages suggesting that the officer had been misquoted, and that as a cyclist himself, would never have made such a statement.

I usually take such things with a grain — if not a 10 pound bag — of salt. After all, blaming the press is usually the first response when it all hits the fan.

It’s clearly nothing new. Way back in the last century that Groucho Marx once quipped “Quote me as saying I was misquoted.”

And it wouldn’t be the first time someone claiming to be a cyclist attacked other riders.

This time, though, there may be some truth to it.

A reader named JA reached out to the officer in question, Lt. Devin Chase, and received the following response:

I wanted to thank you for taking the time to share your concerns.  I am a bicyclist who rides at least two to three times per week, so I share your concerns and believe me as a bicyclist I do not have any anti-cyclist bias.

I am not sure if you have ever been interviewed by the media, but they never quote you fully and often don’t quote you completely accurately.  Unfortunately the ten minute conversation that I had with the Daily Breeze reporter was reduced to the short statement in the article; which was not quoted in context, nor did it clearly indicate that we were only interested in gathering all the available facts in this case.

My actual statement was that the Torrance Police Department was conducting a major investigation into this accident and our major accident investigators had been called out and that they would be looking at all aspects of the collision in order to determine exactly what occurred.

I then gave an example of one aspect that would be looked at, which was where in the roadway was the driver and where in the roadway were the bicyclists prior to the collision. The importance of this level of investigation is that the point of rest for the vehicle and the bicyclist was against the west curb with the vehicle facing west, possibly indicating the vehicle was taking evasive action from their side of the roadway and away from the bicyclists.  To a non-trained investigator or to a citizen this might lead one to believe that based solely on those facts the bicyclist was riding on the wrong side of the street at the time of the collision; however our trained accident investigators will be able to reconstruct what occurred prior to the point of rest.

I felt this was important to point out to the reporter because if a picture of the accident scene were published it would portray the above information; which would look bad for the bicyclist.  This was all shared with the reporter, it just wasn’t printed.

I want to assure you that the Torrance Police Department conducts very thorough, bias-free investigations of all aspects of a significant incident like this and this case is no different.

Lieutenant Devin Chase
Watch Commander – Torrance Police Department

If we take Lt. Chase at his word — and frankly, I see no reason not to, having been in the same situation myself — he is guilty, at most, of talking a little too freely to a reporter, without consider the damage his words could do if taken out of context.

As I’ve learned over the past few years, it’s not easy talking to a reporter. You have to respond to questions off the top of your head, with no time to edit your response. I’ve often found myself walking away hoping they don’t use a well-intended comment that would sound entirely wrong out of context.

Even when you have time to carefully craft your words, you have no control over how they’re eventually used, as Bike Snob lately learned.

So maybe he’s right.

Maybe the press is to blame this time. Maybe the reporter got careless in trying to meet a deadline, and didn’t consider how that quote would be read. Maybe, as some have suggested, it’s the paper itself that is biased against cyclists.

Or maybe, in retrospect, the local police are just trying to scrape the shit back off the fan.

Personally, I’m inclined to give Lt. Devin the benefit of the doubt. And to take a little more time to calm down before I write in response to something I’ve read.

I’d also say I’d make more of an effort to reach out to the police for clarification before I write something. But I’ve found that, with the notable exception of the LAPD, my emails to the CHP, L.A. Sheriff’s Department and various local police departments have been almost universally ignored.

But I suppose past results are no indication of future performance, as they say on the investment ads.

And let’s give credit to the Torrance department for being the exception, as they have clearly shown in responding to cyclist complaints this week.

But maybe this is an opportunity.

Maybe the Torrance police and South Bay cyclists should take the anger this story has aroused, and use it as an opportunity start a real, ongoing dialogue like LAPD Chief Beck and Sgt. Krumer have done with the Bike Task Force.

Because it sounds like they may have a lot to talk about.

Torrance cyclist critically injured; police appear to bend over backwards to blame the victim

Excuse me a moment, because I’m livid.

Yesterday, a 19-year old alleged drunk driver collided with a group of cyclists in Torrance, critically injuring one rider and leaving another with a broken hand.

In fact, reports indicate that the car was full of intoxicated young women, on the road at 7:15 am(!). Yet according to the Daily Breeze, a spokesperson for the Torrance police still tried to blame the cyclists for the collision.

“It’s kind of a residential street, so we’re not sure if the bicyclists were staying on their side of the road or taking up more of the road,” Chase said.

That, even though his aspersions are clearly contradicted by witnesses at the scene.

According to a second-hand witness statement posted on Road Bike Review, Adam Rybicki was riding with a group of 10 – 12 cyclists returning from a ride through Palos Verdes when they encountered a swerving car on the 600 block of Camino de Encanto.

When the car veered onto the wrong side of the road, Rybicki swerved left to avoid it. However, the car then swerved back to the right, narrowly missing the lead riders and hitting him head on, as well as hitting and injuring a second rider. The writer says it was only divine intervention that spared the rest of the group — and describes the driver as emotionless when she was cuffed at the scene.

Jim Lyle, who came on the scene moments later, described Rybicki’s carbon fiber bike as “exploded,” and said there was significant damage to the driver’s car.

I’ll spare you the description of his injuries; you can read it on Road Bike Review comment if you want. But trust me, it’s not pretty, and sounds like your prayers and/or best wishes would be in order.

Then again, judging by the report in the Daily Breeze, it also sounds like cyclists may need a little divine intervention in dealing with the local police, as well.

Here you have a case where witnesses clearly describe a car swerving onto the wrong side of the road, scattering a group of riders in a desperate attempt to save their own lives. Then the driver swerves back and hits two riders who were only on the wrong side of the road because they were trying to avoid her.

And by all accounts, the driver was clearly drunk — verified by the fact that the police immediately took her into custody for felony DUI, holding her on $100,000 bond.

Yet a spokesperson for the Torrance police still suggests that the riders may have been at fault. So just what part of drunk driving don’t they understand?

And let’s not forget that the driver was underage.

Here they had a perfect opportunity to comment on the obvious and well-documented dangers of driving under the influence — at seven in the morning, no less. And use this woman’s story as a cautionary tale to help keep other young people off the road after drinking.

Instead, all they seem to manage is to suggest that, despite all available evidence, maybe she wasn’t entirely at fault.

Excuse my language, please.

But just what the fuck is wrong with them?

My prayers go out to Adam Rybicki and his family and loved ones; best wishes for a full and complete recovery.

Update: It appears the initial comments by the Torrance Police spokesperson were wrong. All reports I’ve received from people on the scene of Sunday’s collision indicate the Torrance police conducted a fair, thorough and unbiased investigation, and that the officer whose comments suggested police were blaming the cyclists was not involved in the investigation and had no direct knowledge of the case.

A NorCal cyclist dies, and CHP blames the victim

Unbelievably — or all too believably — the CHP has concluded that the death of a Los Altos Hills cyclist last month was her own fault.

This despite the fact that the driver of the truck that killed her has been involved in two previous fatal collisions. And officially exonerated in all three.

Maybe he’s just unlucky.

Or maybe those he shares the road with are.

According to the official version, the driver, Gabriel Manzur Vera, was travelling in the right lane and signaling his move into a right turn lane when Lauren Ward attempted to pass on her bike to his left. The report says Ward attempted to make an unsafe turn — where she was turning or why is unexplained — and fell to her right, where she was run over by Vera’s massive 26-wheel truck.

The report does note the lack of witnesses, as well as the possibility that there may or may not have been another vehicle involved in some unexplained way.

In other words, they really have no idea what the hell happened. But the CHP is still jumping through hoops to blame the victim, rather than a driver whose record would suggest that he’s either one of the unluckiest truckers on the road, or doesn’t belong on it.

To be fair, it is possible that the official report could be correct.

Ward may have swerved to avoid a pothole or glass, and lost control of her bike. She may have been buzzed by a passing car and fallen as a result.

But just as likely is the possibility that the actions of a careless, inattentive or overly aggressive driver caused her death in some way. Maybe he bumped her as he swung to the left to make his turn, or came close enough that she made a panic turn in an attempt to avoid him.

Maybe she wasn’t even passing the truck. It’s entirely possible that the driver was upset at being stuck behind a bike and made an unsafe move to pass her on the right, possibly bumping her with his mirror as he went by.

We’ll probably never know.

What we do know is that the CHP has already demonstrated a clear bias against cyclists, concluding that cyclists are at fault in 60% of all bike-involved collisions — despite numerous studies from other areas showing just the opposite. Or are California cyclists just that much more dangerous than riders in the rest of the world?

As Bob Mionske notes, police bias against cyclists is not unusual — whether out of animosity, a lack of understanding how bicycles operate in collisions or just poor training.

But as this case clearly illustrates, if you’re involved in a collision on a state highway, chances are, the investigating officers are likely to conclude that you’re at fault.

And cyclists will never be safe on California roads until that changes.

.………

Yesterday I heard from an attorney who’s representing a cyclist injured when she ran into sand on the Marvin Braude bike path in Venice in October 2009. He’s looking for anyone who might have suffered a similar accident and filed a claim as a result. If that happened to you or someone you know, email me at bikinginla at hotmail dot com and I’ll forward it to him.

.………

Bob Mionske digs into his archives to examine the question of whether cyclists can ride in a crosswalk; California’s state legislature recently tried to clarify that matter, only to create more conflict due to poor wording.

The law now says cyclists are allowed to ride “along” any crosswalk — but does that mean we can ride on it or next to it? After all, when you walk along a path you’re walking on it, but when you walk along a river, you don’t walk in it.

Last I heard, the LAPD was looking for clarification from the Attorney General’s office before deciding how to enforce the law.

.………

Writing for Grist, Elly Blue jumps into the great helmet debate, concluding that the argument over whether or not to wear a helmet is the wrong question. Meanwhile, Traffic’s Tom Vanderbilt provides a forum for Dr. Ian Walker — famed for a study showing motorists drive closer to riders wearing helmets — who says:

This leads me straight onto the big issue: I do not know whether or not bicycle helmets save lives. And, critically, nor does anybody else.

Interestingly, Walker concludes exactly as Blue does, that the emphasis should be on making our streets safer, rather than insisting on body armor for riders. And Bicycling’s Fit Chick relates a story of her husband’s injury to argue why you should wear a helmet all the time.

The funny thing with helmets is, you don’t need one until the one time you do. Personally, I always wear a helmet for the same reason I always carry a patch kit in addition to a spare tube; chances are I’ll never need it, but I’d rather have one than wish afterwards that I did.

.………

Bike Revolution works with Kryptonite to bring their free international bike registration program to the U.S.; I’ll put my Pulse ID tags (note — the registration is free, the tags aren’t) on as soon as I figure out where I packed them.

.………

Ten reasons to attend the LACBC fundraiser at the Library Alehouse on Tuesday, the 28th. Flying Pigeon explains how to track stand. Hats off to the Burbank city employees who donated their time to help repair bikes to give to needy families. A private bike rental company asks for free space on the Hermosa Beach pier, after gaining a similar concession from Manhattan Beach. Rain cuts the turnout at last weekend’s Hunger Ride in Orange County to benefit the Second Harvest canned food drive; there’s still time to make a donation to a very worthy cause. Speaking of worthy causes, friends are attempting to raise $10,000 to pay an air ambulance flight to take a critically injured cyclist back home to Denver; you can donate here.

Send an e-carol and Schwinn will donate bikes and helmets to children across the U.S. In case you missed it before, Bicycling has a great story about a 501 pound man who saved his own life by taking up the bike — even if it did require a custom-made bike to support his weight. Urban cycling needs to attract more women and people of color in order to grow. Tour de Fat raised over $3.3 million for non-profit organizations. Portland holds a vigil for a cyclist killed by a drunk driver last Wednesday. A key Portland bridge is closing for two years, so the state DOT makes special accommodations for pedestrians and cyclists. A biking flautist names her new band Bike Lane. In an incredibly biased story, the New York Post blames 2-wheel heels for a 16% increase in vehicle/bike collisions; yeah, it couldn’t possible have to do with more cyclists on the streets or drivers unwilling or unable to share the road with them.

A look at pro cycling’s all-time ugliest jerseys; trust me, I’ve seen worse. Two-thirds of all UK bike thefts occur at home. A left cross (our right) collision from a rider’s perspective. It looks like Britain’s acclaimed Bikeability bike safety training program may survive, despite budget cutbacks. After a cyclist hits the side of a red-light running car, the road raging driver and his passengers attack the rider, as well as a bus carrying a witness. A former Argentine national champion takes his own life following a kidnapping. Good advice on how to ride in winter weather; a lot of these tips will work on L.A.’s soggy streets.

Finally, after a friend of her sons was killed as they were riding together, a mother urges motorists to drive safely.

Congratulations to recent guest writer Zeke and his wife for their 28th anniversary.

The Verdict 2 — Fighting Anti-Bike Bias in Baltimore

FADE IN: ESTABLISHING SHOT OF EXT. BUSY URBAN COURTHOUSE

CUT TO INTERIOR OF COURTROOM

A lawyer rises and addresses the court

PLAINTIFF’S ATTORNEY

We call BikingInLA as an expert witness.

DEFENSE ATTORNEY

Objection! What makes him an expert on cycling?

PLAINTIFF’S ATTORNEY

He’s been riding in Los Angeles traffic for nearly 20 years.

DEFENSE ATTORNEY

So?

PLAINTIFF’S ATTORNEY

He’s still in one piece.

JUDGE

Works for me.

A strikingly handsome man rises from the gallery, immaculate in his finely tailored three-piece suit. He then steps aside to make way for a man in well-worn spandex biking clothes, helmet tucked under his arm, his cleats clacking loudly on the marble floor. He takes a seat in witness stand.

The bailiff offers him a bible; he waves it off and pulls out a biography of Eddie Merckx, placing his hand on it.

BAILIFF

Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you…Eddie?

BIKINGINLA

I do.

PLAINTIFF’S ATTORNEY

I’d like to direct your attention to the case of John “Jack” Yates, a Baltimore cyclist who died recently in a collision with a tanker truck. I understand you’ve made some observations on the case…

BIKINGINLA

I have.

DEFENSE ATTORNEY

Objection! What does this have to do with bicycling in Los Angeles?

PLAINTIFF’S ATTORNEY

Your honor, if you’ll grant me some leeway, the connection should become clear.

JUDGE

Overruled. But make it quick.

PLAINTIFF’S ATTORNEY

Continue.

BIKINGINLA

As you may be aware, Jack Yates was riding his bike on a city street just before noon when a tanker truck made a right turn in front of him; according to police, Yates collided with the rear of the truck, became entangled in the truck’s wheels and was killed. The driver left the scene, apparently unaware of the collision. The police obtained security camera footage of the collision, and determined that Yates was at fault. And society lost a respected cyclist and a man who had dedicated his life to knowledge and helping others.

PLAINTIFF’S ATTORNEY

And you have reason to believe the police report is not accurate?

BIKINGINLA

I do. Let’s start with the fact that the lawyer retained by the victim’s family viewed the same video footage and said that the driver failed to signal. Independent witnesses also reported that the driver didn’t make sure the intersection was clear before turning into the cyclist’s path.

Now let’s consider how the accident occurred. According to the police, Yates struck the rear of the truck. However, the family’s lawyer said: “He did not crash into the rear [of the truck]. He was literally taken under the passenger-side rear wheel.” Now, that suggests that the rider struck the right side of the truck and fell under its wheels. So unless Yates felt a sudden suicidal urge and deliberately broadsided a turning truck, the only way that could happen is if the truck had turned into the path of the rider — what’s known as a right cross collision, and one that is almost impossible for a cyclist to avoid.

There are virtually no circumstances in which the driver shouldn’t be at fault in a right cross, just as a driver in the left lane who turned across the path of a driver in the right lane would be at fault. However, police often blame the cyclist for failing to stop or riding in an unsafe manner — a clear indication that they fail to understand the basic physics of bicycling.

PLAINTIFF’S ATTORNEY

Yet the police determined the driver wasn’t at fault…

BIKINGINLA

There is speculation that the police believe Yates was riding too close to the curb, and therefore couldn’t be seen by the driver as he passed. By this theory, he should have taken the lane, which presumably would have put him in the driver’s field of view.

There are a few problems with that, though. First of all, the driver should have seen Yates regardless of where he was on the road. A truck cab sits high above the road, offering the driver a superior view of anything in front of him. Whether Yates was in the lane or hugging the curb, the driver should have seen him as he passed — especially in broad daylight.

Secondly, for Yates to be at fault, he would have been riding at an extreme speed — which no one has suggested, and which is unlikely for a 67-year old cyclist — or been unaware of the truck before running into it. But any experienced cyclist can tell you that if a truck that size is in front, behind or beside you, you know it.

Just as I did last week when I got buzzed by a garbage truck.

PLAINTIFF’S ATTORNEY

And when you sense a large truck approaching like that…

BIKINGINLA

Typically, a cyclist would respond by moving to the right to give the truck as much room as possible — which would explain his presence next to the curb, rather than further out into the lane.

As Bob Mionske pointed out the other day, cyclists are require to ride as close to the right as practical if they are traveling below the speed of traffic. And it is up to the cyclist to determine exactly what that means, and where and how to safely position themselves on the road.

Yet because Yates isn’t around to defend his actions, the police can say he was in the wrong place without fear of contradiction.

PLAINTIFF’S ATTORNEY

Is there anything else about this incident that doesn’t seem right to you?

BIKINGINLA

Yes. The police have stated that the driver may not have known that he struck anyone, but I find it inconceivable that a truck could run over a grown man, and the driver not be aware that he hit something. He may not know what he hit, but he should have known something wasn’t right.

And he certainly would have become aware of it as soon as he examined his truck, which any professional driver does on a regular basis.

PLAINTIFF’S ATTORNEY

This incident occurred in Baltimore. So what does this have to do with Los Angeles, or any other city, for that matter? Why isn’t this just a tragic, but strictly local, matter?

BIKINGINLA

Simply this. The police in Baltimore have responded to questions about this case by issuing a statement in which they say the case has been thoroughly investigated, by officers who have been trained in “the physics of a pedestrian crash and a cyclist fatal crash.”

Yet the explanation they’ve offered simply doesn’t add up. Either they have additional evidence they haven’t revealed, or their conclusions appear to be invalid.

And if that doesn’t sound familiar to Angelenos, it should.

I’m not saying that police are intentionally biased. But even experienced police officers say the training most officers receive in bike accident investigation is inadequate.

Clearly, this isn’t just an L.A. problem, or a Baltimore problem. It’s a nationwide problem. And cyclists will continue to be injured and killed on American roadways, with little or no protection or recourse, until we find an effective solution.

Simply put, we are vulnerable on the streets. And we can’t survive without the protection of an informed and trained police force that truly understands how, and why, bicycle accidents occur.

PLAINTIFF’S ATTORNEY

Thank you. Your honor, we rest our case.

FADE TO BLACK

………

Prepare yet another ghost bike. A Duarte cyclist was killed on Monday just blocks from his home. As usual, the authorities haven’t released any information; if you have any details, let me know. Stephen Box responds to an invitation from the Mayor. The Examiner suggests avoiding smoke by riding up the coast from the ‘Bu. Marin County does something about those red lights that never change for bikes. A driver in Colorado intentionally strikes a cyclist in a case of mistaken identity. Oops. The makers of my 2nd favorite beer — this being #1 — suggest going car free. A cyclist in New York gets punched in the face after criticizing a driver for driving in the bike lane; police do nothing. A Seattle writer calls sharrows a sham, while Oregon drivers wonder if Portland just makes up those stats about cycling in the city, proving that “bike friendly” is a relative term. Bad infrastructure and adrenalin are blamed for cyclist/driver tensions north of the border. Researchers say cycling has killed more Londoners than terrorists. Finally, the cyclist killed by a former Canadian Attorney General in an apparent road rage incident may or may not have been too drunk to ride.

At the BAC, good things come to those who wait

Eighty percent of success is just showing up.

— Woody Allen

Sometimes, it seems like the other 20% involves just sticking around long enough. At least, that’s how it seemed last night, at the meeting of the city’s Bike Advisory Committee.

Other than the council members themselves, there was only a small turnout — most of whom were there to discuss the many failings of the Bicycle Master Plan. And most of whom left — some in anger and frustration — once the committee turned to more mundane matters.

It wasn’t like I didn’t have anything to say on that subject. But after hearing all the other comments on the subject — and the DOT’s representative swearing she didn’t know anything about it — I didn’t think they really needed my two cents.

Besides, considering the state of the economy these days, that may be my retirement fund.

I was actually more interested in one of the last items on the agenda — a motion from the council that had been submitted in the aftermath of the recent Hummer incident, and eventually signed by six of the 18 council members:

Numerous incidents have been reported relative to bicycle and vehicle collisions and aggressive motorists (sic) attitudes to law-abiding people riding bicycles. Complaints have also been raised regarding the treatment of bicyclists by the Los Angeles Police Department. It is critical that the City respond to these situations and respond appropriately.

I THEREFORE MOVE that the City Council direct the Los Angeles Police Department to report on recent bicycle incidents and conflicts between bicyclists and motorists, as well as efforts to increase police officer training related to bicycling activities and applicable regulations and laws.

It was the last part in particular that interested me. Especially since LAPD had already found itself blameless in the Hummer incident.

When the time came, I spoke in support of the resolution, pointing out that it wasn’t just a problem here in L.A. Cyclists nationwide have complained about police officers who are unfamiliar with the laws regarding bicycling and the rights of cyclists, as well as institutional bias against cyclists — or in favor of motorists, depending on your perspective.

Then I pointed out that Massachusetts recently became the first state to require that police officers receive specialized training in bike law, as part of their new Bike Safety Law. And asked why that curriculum couldn’t be adapted for use in training officers at our own police academy.

Evidently, the committee members agreed. They voted unanimously to endorse the resolution, and to put the MassBike program on the agenda for the next committee meeting in July.

Afterwards, I emailed a link to the MassBike site to 4th Council District representative Larry Hoffman, who forwarded it to the rest of the BAC, as well as the mayor.

So, a small victory. But a victory none the less.

And one worth sticking around for.

 

If you’re missing a bike on the Westside, the police may have found it in a Venice Garage. Alex Thompson joins the chorus condemning Santa Monica’s bronze award from the League of American Bicyclists. Matt joins in on the other chorus, complaining about the failure of the new Bike Master Plan. Stephen Box questions why LADOT’s redundant bike map business stimulates the economies of Portland and Seattle, while Timur examines the maps that currently exist — and there are more than you might think (good to see you back!). Bike Girl wonders where you keep your bike(s). A writer for the Times rides the L.A. River bike path, evidently holding his nose the whole way. Even Iowa cyclists get sharrows; maybe LADOT can ask them what kind of paint they use so we can get some here. Bicycling’s biking lawyer examines whether cycling is a privilege or a right. And finally, just wait until Rush Limbaugh hears about this — Bike Portland outs the new SCOTUS nominee as a closet cyclist.

Ghost bike for Echo Park cycling fatality; Police-blessed vehicular assault Downtown

Stephen Box managed to get the information I couldn’t find anywhere else.

Earlier in the week, I’d written about the cyclist killed by an intoxicated hit-and-run driver in Echo Park early Sunday. Despite my best efforts, I wasn’t able to learn any more about the victim than had been included in the initial reports; Box reports that he was a day laborer from Sonora, Mexico, who used his bicycle as his primary means of transportation.

Just one of the countless nameless, faceless workers we Angelenos pass every day without a second thought.

Yet he died as one of us. 

And he is being memorialized this evening where he was killed on Glendale Blvd. As Box put it:

Let’s work together to make sure this is the last Ghost Bike placed in our community.

Meanwhile, the local cyber wires are buzzing with the news that a cyclist was injured late last night when he was struck by a driver in Hummer with no license plates — apparently intentionally. The occupants of the vehicle then threatened the other riders with guns and gang violence, and ran over several of their bikes when they tried to block the vehicle until police arrived.

But the real injustice came when the lead officer let the driver go, and told the cyclists that he would have done the same thing the driver did — and suggested that he might have used a gun, as well.

So who exactly is he trying to “protect and serve”?

As a number of people have commented on the Midnight Ridazz forum, some of the other officers on the scene were far more sympathetic. But this represents an anti-cyclist bias that seems far too common in the L.A.P.D. — one that I’ve experienced myself, when I was threatened with arrest after being the victim of a road rage incident a few years back.

The difference is, now there really is a cycling community in Los Angeles, and protests are already being planned for next week. And in fact, may be occurring right now, as there were plans to extend the Ghost Bike ride into a protest at Parker Center.

And less than a week after Jesus Castillo was killed in Echo Park, another cyclist was the victim of yet another hit-and-run in Orange County today.

Some run away.

And some just get away with it.

Cyclists v. drivers — who’s to bless and who’s to blame

So let’s pick up where we left off the other day.

I ended on Monday by saying, if I may be allowed to briefly quote myself:

…While it is in everyone’s best interest to encourage everyone to ride safely, as cyclists, we bear no more collective responsibility for the two-wheeled jerks, than other drivers do for the four-wheeled ones who are undoubtedly speeding down the 101 or 405 at this very moment.

Which is to say, none at all.

Later that day, I was flipping through the March issue of Bicycling, and found an excerpt from a truly devastating article by David Feherty, the bike riding CBS golf analyst who was nearly killed last year in a collision with a truck:

…I am sick up to my coin purse of hearing cyclists apologize for the behavior of a tiny minority of morons on two wheels. Sure, they give the rest of us a bad name. Get over it. This problem is caused by careless and inattentive drivers, period.

Read the article. Seriously.

But read it on an empty stomach. Because his description of the accident and its aftermath will make whatever you have in there want to come back out — the hard way.

I can’t agree with his contention that drivers are the only ones responsible for bicycling accidents. I’ve seen riders do some damn stupid things. Myself included.

But he’s absolutely right that it’s time to stop apologizing for the actions of a small minority of riders.

I am not responsible for the jerk I saw drafting on a Big Blue Bus through Santa Monica traffic last year. Neither are you. Unless you happen to be that jerk, in which case I’d really like to have a serious conversation with you.

No more than I am responsible for the driver who followed a city bus through a stop sign in Westwood yesterday, without even pausing. And nearly hit my car in the process.

We see it every day, whether we’re in the saddle or behind the wheel, crossing the street or riding the bus. Drivers speeding and weaving, running red lights and stop signs, making U-turns in traffic, reading behind the wheel, chatting on their cell phones or putting on makeup.

Yet no one would suggest that drivers are responsible for the careless and irresponsible actions of other drivers.

Frankly, I’m tired of being blamed for things I didn’t do. And having my life endangered by drivers who can’t be bothered to observe their legal responsibility to drive safely and attentively.

The problem is, we live in a society where most drivers aren’t held accountable for their actions. The legal requirement that all drivers carry liability insurance means that there is no financial penalty for having an accident — except in the most extreme cases — other than a possible increase in insurance rates.

And drivers are seldom held legally responsible for their actions, simply because we as a society insist on believing that most collisions are simply “accidents,” rather than the result of carelessness or a failure to drive safely and maintain control of the vehicle, as required by law.

Meanwhile, as noted by Bob Mionske, we face an institutional bias against cyclists, both in law enforcement and in the media, and an attitude of blame bicyclists first.

It’s not going to change.

Not unless we demand that it does. Demand that our elected officials enact laws that protect our right to the road, and place the burden of responsibility on the operator of the more dangerous vehicle. And support candidates who support cycling.

Demand educated and unbiased law enforcement, knowledgeable in the rights, as well as the responsibilities, of cyclists. And insist that the press report cycling incidents fairly and objectively, rather than just parroting police reports.

 

A Santa Barbara writer insists on her right to be irritated when a cyclist impedes the progress of her Suburban, while another writer encourages bikers to increase their chances of survival by riding responsibly. An Austin cyclists befriends other riders — and steals their bikes. CityWatch’s Stephen Box notes that LADOT’s bikeway successes remain works in progress. And Fox News discovers four of the country’s deadliest highways are right here in Southern California.

Stop the presses! And blame the bikers!

Today’s Streetsblog picks up the story of the Seattle Critical Mass incident we discussed yesterday. And zooms right in on the fact that there are two sides to this story — except where the police and local press are concerned.

Now, I should mention right up front that I’m no fan of Critical Mass. I understand, and share, many of the philosophies expressed by CM riders, and there are riders whose opinions I respect who are active participants.

I simply think it’s counterproductive.

At a time when we’re struggling to get the respect and courtesy we deserve, CM reinforces the attitudes that many drivers already have — that cyclists are aggressive, arrogant, rude and inconsiderate, and have no respect for other users of the road. Let alone the law.

However, the blogosphere has been active in the wake of the Seattle incident, so I’ll let other writers address the questions of whether CM is right or wrong, and how — or whether — it can be fixed.

For me, the more interesting topic is the fact that, as the Streetsblog article points out, the local authorities and press immediately went into the standard blame bikers first mode. Instead of listening to the many bikers who said the driver was angry and aggressive and instigated the incident, they immediately assumed that he was the innocent victim. Or at the very least, justified in his actions.

Like the Colorado sheriff who decided the problem was bikers who ride two abreast, rather than careless and impatient drivers who can’t be bothered to pass them safely — even on nearly empty back country roads — the bias of law enforcement is almost always that the rider is at fault.

The simple fact is, if there is an accident, the police will assume that the rider did something to cause it, unless there is clear and compelling evidence to the contrary, as in the Mandeville Canyon brake check. And in most cases, even if the rider was blameless, the press will jump in with stories about riders who run red lights and flaunt traffic laws.

If we report a road rage incident, the police investigate it as a simple traffic altercation, rather than a violent crime — as they did when I was the victim of road rage, and ended up being threatened with arrest myself. If someone runs us off the road, it’s blamed on a momentarily distracted driver who just didn’t see us. If we report a driver or passenger throwing something at us, they call it littering. If they bother to call it anything at all.

Even in the well-publicized New York police v. CM rider case, it was the rider who spend 26 hours in jail, rather than the cop who assaulted him.

So unless and until the police — and the press that keeps them honest — stop automatically blaming the victim whenever cyclists and cars collide, and start treating assaults against cyclists as the violent crimes they are, we will never experience the equal protection we are guaranteed under the constitution.

And we will never be safe on the streets.

And let’s face it. It’s a dangerous world out there.

 

Today’s reads: The Mountaineerzz take to the hills, where the only traffic they have to worry about should be hikers and mountain lions. LAist has security video from inside a San Dimas bike shop when the Moderate One hit. (Just out of curiosity, was anyone out there riding during the quake? What was that like?) Bicycle Fixation discusses the potholes on the way to turning 4th St. into a bicycle boulevard. And finally, we have an update on the events that followed the good doctor’s brake check — who last I heard, was due for arraignment on Friday.