Monday, August 24, 2009
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This blog is for people to share stories or support my cause to have stiffer laws in place to protect cyclist from body injury or death. I am trying to raise 250000 signatures to present to congress and the Arizona legislatures to enact felony or other severe punishments for killing cyclist through plain negligence. Negligence to include texting, did not see them, speeding, not giving enough room to pass and many other violations that happen to cyclists on the road.
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Did you know that only 14 states including Arizona have the 3 foor law for cyclits? The 3 foot law states a vehicle has to give a cyclists on the road the minimum of 3 feet to pass. It allows a vehicle to cross the double yellow line until safely pass the cyclist. Unfortunately, violation of this ONLY resultsin a $1000 fine plus court cost. Even if the violation results in the death of the cyclist.
ReplyDeleteVehicular Manslaughter Laws in Arizona
ReplyDeleteIronically, there is no statute in Arizona that speaks specifically to DUI vehicular manslaughter. Instead, other laws are invoked to bring the prosecution forward, and the following laws are relevant as law enforcement moves towards an arrest.
13-1103. Manslaughter; classification
A. A person commits manslaughter by:
1. Recklessly causing the death of another person;
Recklessly is the key word in this statute, as the Arizona laws dictate that anyone who is proven to have been driving under the influence is acting recklessly as a matter of law. Specifically, it means that a person knew of the risks he was encountering and acted anyway with disregard for those risks. Therefore, a person convicted of DUI and who caused an accident that led to a death will be charged with manslaughter, which is a Class 2 felony.
I just added a link to your new blog on a comment to another blog.
ReplyDeleteSee the video of a cyclist getting run over at "Car vs. Bicycle."
In the linked article is this:
According to published reports [Rep. Fred Clark, a Democrat,] told an officer 'I was just not paying attention.'"
What was the consequence?
"Clark was ticketed by Madison police for running a red light on Aug. 18."
In other words, nothing, other than for running the red light. The very point you are making, if I'm correct.
Please sign this petition for stiffer laws and penalties for negligent drivers in hopes that it will make drivers more aware of cyclists on the road.
ReplyDeletehttp://www.gopetition.com/online/30316.html
In 2007, 698 bicyclists were killed and an additional 44,000 were injured in traffic crashes, according to the National Highway Traffic Safety Administration. In Arizona, 21 cyclists were killed in 2007, and the state's average of 3.31 cyclists killed per million population is the eighth-highest fatality rate in the nation
ReplyDeleteRide of Silence recalls cyclists killed on roads
ReplyDeleteEvent to deliver message to drivers, riders
Michael Ferraresi
The Arizona Republic
May. 17, 2006 12:00 AM
SCOTTSDALE - The widow of a Scottsdale cyclist who died last year on Shea Boulevard is working to commemorate fallen cyclists and warn motorists about sharing the road.
Rita Walter, whose 62-year-old husband was killed in October after he was struck by a sport utility vehicle, helped organize the Phoenix Ride of Silence - a group bike ride tonight that commemorates cyclists killed or injured by inattentive or hurried drivers.
Jack Carney was struck by the 19-year-old driver of a Ford Explorer on the early morning of Oct. 19 as he pedaled his bike along Shea Boulevard, less than two miles from his Scottsdale home. He died later of his injuries. advertisement
Phoenix is one of 120 locations worldwide where people will gather to silently ride their bikes, single-file, to draw attention to little-known laws to protect street cyclists.
Walter, who is pushing for a stricter "3-foot" law to protect cyclists, said she can name as many as seven cyclists killed in Maricopa County by drivers since September.
"It's lack of motorists' education, but it's also a lack of cyclists' education," Walter said.
Walter said she is not satisfied with how bike safety laws are applied, or how little publicized the laws are.
In October, Ted Hudson was cited for not controlling his speed to avoid the collision that killed Carney.
Hudson was later cited by Scottsdale police for not obeying a state law, which prohibits drivers from encroaching within 3 feet of a cyclist on the street.
Hudson faced fines of more than $1,000. He was not found guilty of any criminal misconduct, but faced no other charges or fines.
8/9/2009 - Phoenix Cyclist Killed by Hit-and-Run Driver
ReplyDeletePhoenix Police report that a 52-year-old male cyclist was killed Friday just after midnight in the southbound bicycle lane of Cave Creek Road just north of Mountain Gate Pass while riding home from work. Police have not released the identity of the cyclist pending notification of next of kin.
According to Phoenix Police spokesman Tommy Thompson, the cyclist was riding legally in the bicycle lane with a headlight and a flashing red taillight when a sliver. late-model, four-door BMW with tinted windows swerved into the bicycle lane and fatally struck the cyclist. The driver of the BMW then fled the scene.
According to witnesses, the car had been weaving and speeding prior to striking the cyclist.
Police do not have the license plate number of the BMW, but witnesses say that the car had an Arizona plate and that the car suffered extensive damage to the right front bumper area and to the windshield on the passenger side. Police found the car's right clearance marker lamp and fog lamp at the scene.
3/17/2009 Bicyclists Victims of Partisan Politics?
ReplyDeleteAs reported in the last issue of Arizona Road Cyclist News, the Arizona Legislature's House Bill 2479, which would have permitted cyclists to treat stops signs as if they were yield signs, was voted down by the House's Military and Public Affairs (MAPS) Committee. What I didn't notice at the time was that voting was along straight party lines. Every Democrat on the committee voted to approve the bill, and every Republican voted to kill it.Voting against the measure were Ray Barnes (rbarnes@azleg.gov), Sam Crump (scrump@azleg.gov), Carl Seel (cseel@azleg.gov), David Gowan (dgowan@azleg.gov), and Jerry Weiers (jpweiers@azleg.gov), all Republicans. Voting in favor were the committee's three Democrats: Patricia Fleming (pfleming@azleg.gov), Barbara McGuire (bmcguire@azleg.gov), and Daniel Patterson (dpatterson@azleg.gov).
Perhaps the political party that has taken a stand against this cycling bill doesn't think that its constituents ride bikes. In case some of our readers would like to correct this impression, I've included the E-mail addresses of all of the committee members who voted on this bill. You may also to forward this article to your cycling friends who may also wish to E-mail, call or write the people's representatives in the Arizona Legislature. There is nothing that motivates politicians as much as knowing that voters are watching them and care about the decisions they make.
Arizona Daily Star
ReplyDeleteTucson, Arizona | Published: 09.03.2009
advertisementAn 84-year-old bicyclist died this morning after he was struck by a car in Green Valley.
Jerome Featherman was riding south on North Desert Bell Drive, near West Calle de Oro, at 9:38 a.m. when a motorist drove into the bike lane and hit him, said Deputy Dawn Barkman, a Pima County Sheriff's Department spokeswoman.
Featherman was taken to a hospital where he was pronounced dead, she said.
The driver of the car — David Armstrong, 76 — was given a citation on suspicion of violation of the three-foot passing rule causing death and driving in a bike path.
The three-foot passing rule states that when passing a bicycle that is going in the same direction, a motorist has to leave a safe distance between the vehicle and the bicycle of not less than three feet until the vehicle is safely past the bicycle.
ARIZONA DAILY STAR
ReplyDeleteTucson, Arizona | Published: 05.30.2009
advertisementA 55-year-old bicyclist was killed Friday morning when a young man drove into the bicycle lane near Reid Park.
The driver, Jesse J. Segebartt,19, was accused of leaving the scene of the collision that killed Drake G. Okusako, said Officer Linda Galindo, a Tucson Police Department spokeswoman.
Segebartt was booked into Pima County jail on suspicion of failure to remain at the scene of an injury accident, Galindo said.
The fatality was at least the second this year in Tucson involving a bicycle and a vehicle, Galindo said. Statistics were not available Friday.
Galindo gave this account of the incident:
Segebartt was driving south on Alvernon Way, near East Broadway, in a Nissan Altima and weaving in and out of traffic when he changed lanes to pass another vehicle.
He drove into the curb lane and continued on into the bike lane where he struck Okusako, who was wearing a helmet.
Segebartt drove into a parking lot before leaving the scene. However, a witness was able to get his license plate number.
Police used the plate number to locate the car and the driver at an apartment in the 2400 block of North Haskell Drive, near Alvernon and East Grant Road. Segebartt admitted to being involved in the collision, Galindo said.
Okusako was pronounced dead at the scene.
Two seconds.
ReplyDeleteEnough to save a life?
If Christy Kirkwood, a Garden Grove teacher, or David "Cat" Pullen, a Mission Viejo family man, were alive, they could testify. But, like their mangled bikes, their graves are silent.
Instead we're left trying to imagine what cycling would be like if drivers just waited two seconds instead of suddenly pulling in front of cyclists, cutting them off or swerving into bicycle lanes while grabbing a drink or cell phone.
Luckily, this past weekend was good for cyclists. No one was killed.
Of course there are the wounded. After all, every season is open season on bicyclists. We'll mention just three, two who made the newspaper, one who did not.
If you who read this space last week you know one of the injured: Ken Kalfin, husband, father, attorney, aspiring Ironman. Perhaps it's ironic Kalfin's accident was the one that didn't get any publicity. More likely, it's because his case was routine. He wasn't even maimed.
Kalfin, 38, was riding single file with his wife, Laura, on Santiago Canyon Road's bike lane about 8:20 a.m. Saturday when a minivan pulled out on Ridgeline Road. Kalfin says he "bounced like a ping pong ball," breaking his clavicle and scapula.
He won't be able to meet his goal of competing in Ironman Arizona on Sunday, but Kalfin hopes to be recovered by mid-August when he and his wife hope to compete in Ironman United Kingdom
Karl "K.C." Schaaf nearly died. While out for his regular training ride on Antonio Parkway Saturday afternoon, a Toyota Camry veered into the bicycle lane, according to deputies. The 59-year-old Newport Beach attorney suffered severe head injuries, multiple broken bones, shattered vertebrae, broken ribs and a lacerated liver. His wife, Toni, in Coto de Caza, tells me that while he remains in a coma, K.C. is a tough, determined man in great shape and if anyone can fully recover it will be him.
At about 7 a.m. Sunday morning, Gary Hoffman, 61, was riding his bike on Slater near Magnolia in Fountain Valley when he was hit. Police say the driver took off leaving Hoffman lying in the street. He was treated at the hospital for cuts, bruises and a fractured elbow. His wife, Carmen, also a cyclist, tells me the couple is going to give up riding on roads and stick to sidewalks, which she says pose their own dangers.
We have spent millions of dollars on beautiful bicycle lanes in our weather-perfect land. But at some point – soon – our collective mindset will have to decide if we want those asphalt ribbons bloodied and empty, or if we're willing to wait a few seconds in our multi-tasking lives and give riders their due.
Many cyclists already have given up road riding, saying it's just too dangerous. This in a century that begs for alternative means of transportation.
Sheriff's deputies said in both cases the cyclists were in the bicycle lane and were hit when cars veered over the white line.
Illegally jumping the white line into the bicycle lane is a shockingly common mistake. (Crossing the dotted line when turning right is fine.) Yet ask yourself when you last saw a driver cited.
Some will say bicyclists shouldn't be on the road. (They're wrong, according to the law.) Others will say there are plenty of careful drivers. And they're correct.
What is especially frustrating is that overwhelmingly, these drivers save – at most – two seconds for their recklessness.
How do I know this? I've timed it.
I'd like to think that most drivers simply don't realize how fast many cyclists go. Most road cyclists travel at least 15 miles an hour on the flats, and many are pushing speeds over 20 m.p.h. On a slight decline, think 30 m.p.h., 40 or more downhill.
Sometimes you get a chance to make a difference. This is one of those times.
It will only cost two seconds.
Cyclist Killed by Car During ‘Bike to Work Week’
ReplyDeleteJune 14, 2008 · Print This Article
A 22-year-old cyclist participating in ‘Bike to Work Week’ was killed on Monday when the owner of an SUV opened their car door in his path. He was riding in the bike lane. Clinton Miceli was the fifth bicyclist to die in Chicago so far this year. WTF, people. Can we really not manage sharing the road with cyclists? Is it that hard to go a little slower, avoid going around blind curves at high speeds and give these people some room?
The Chicago Sun-Times has it:
Miceli, 22, was cycling in the bike lane on La Salle around 6:45 p.m. Monday when he slammed into an open SUV door, was thrown from his bike, then struck by a second car. The driver of the Nissan Xterra who opened the door into Miceli’s path was cited for opening a car door in traffic, police said.
A second rider collided with a CTA bus around 8:50 a.m. Tuesday at Broadway and Patterson in Lake View. That cyclist was taken to Advocate Illinois Masonic Medical Center in serious condition, a Fire Department spokesman said. The CTA driver was cited for failure to yield and suspended without pay, authorities said.
First of all, it never fails to amaze me when people throw their car doors open without checking first to see if there’s anyone coming. Second, you would think that drivers would be a little more conscious, especially during ‘Bike to Work Week’. But everyone is so preoccupied with cell phone conversations, iPods, fiddling through their purses, putting on mascara, eating Big Macs or just plain zoning out. Wake up. Bicyclists have a right to safety on our roads.
Link [Chicago Sun-Times]
Cyclist Killed by Car During ‘Bike to Work Week’
ReplyDeleteJune 14, 2008 · Print This Article
A 22-year-old cyclist participating in ‘Bike to Work Week’ was killed on Monday when the owner of an SUV opened their car door in his path. He was riding in the bike lane. Clinton Miceli was the fifth bicyclist to die in Chicago so far this year. WTF, people. Can we really not manage sharing the road with cyclists? Is it that hard to go a little slower, avoid going around blind curves at high speeds and give these people some room?
The Chicago Sun-Times has it:
Miceli, 22, was cycling in the bike lane on La Salle around 6:45 p.m. Monday when he slammed into an open SUV door, was thrown from his bike, then struck by a second car. The driver of the Nissan Xterra who opened the door into Miceli’s path was cited for opening a car door in traffic, police said.
A second rider collided with a CTA bus around 8:50 a.m. Tuesday at Broadway and Patterson in Lake View. That cyclist was taken to Advocate Illinois Masonic Medical Center in serious condition, a Fire Department spokesman said. The CTA driver was cited for failure to yield and suspended without pay, authorities said.
First of all, it never fails to amaze me when people throw their car doors open without checking first to see if there’s anyone coming. Second, you would think that drivers would be a little more conscious, especially during ‘Bike to Work Week’. But everyone is so preoccupied with cell phone conversations, iPods, fiddling through their purses, putting on mascara, eating Big Macs or just plain zoning out. Wake up. Bicyclists have a right to safety on our roads.
Link [Chicago Sun-Times]
Melissa Arrington was going to jail for drunk driving; she hit cyclist Paul L'Ecuyer after swerving off the road and dragged him 800 yards. That would have got her four years; instead she got 10-1/2 because of a phone conversation between Arrington and an unknown male friend, a week after L'Ecuyer was killed, that the judge found to be "breathtaking in its inhumanity." According to AP,
ReplyDeleteDuring the conversation, the man told Arrington that an acquaintance believed she should get a medal and a parade because she had "taken out" a "tree hugger, a bicyclist, a Frenchman and a gay guy all in one shot."
Arrington laughed. When the man said he knew it was a terrible thing to say, she responded, "No, it's not."
11 cyclists struck by cab in Miami; one critical
ReplyDeleteThis is a sad and scary story. Seems a group of cyclists was struck from behind by a cab earlier today in Miami. The Miami Herald is reporting the cab driver admits to having fallen asleep at the wheel. In all, six people were hospitalized, one critically.
What scares me the most about this accident is that there is nothing the cyclists could have done to prevent it from happening. Every time we are out on the roads our lives are in the hands of the motorists we share the roads with.
If you're not upset enough already, feel free to read the comments on the Miami Herald site. It's no surprise that many of them are anti-cyclist.
Manslaughter charges dropped against cyclist Can't Post
ReplyDelete--------------------------------------------------------------------------------
It's one of those 'man bites dog' headlines, eh?
http://www.tampabay.com/...r-case-under/1032920
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On Feb. 29, 2008, he bicycled through Thonotosassa's Bay Hills Circle community and asked a fast-driving man in a pickup truck to slow down.
The peaceful encounter turned deadly after the driver's drunken friend began beating Podany, 49. Then, as Casey Landes, 24, landed on top of Podany and readied his fist to strike again, Podany shot him in the head with a .40-caliber Glock.
Hillsborough Circuit Judge Robert Foster agreed Tuesday to toss out Podany's manslaughter charge after his attorneys argued Podany fired in self-defense under Florida's "stand your ground" law and deserved immunity from prosecution. The law allows people to meet force with force when they feel threatened.
Bicyclist killed in collision with truck
ReplyDeleteBy Jon Johnson
Assistant Editor
Published on Wednesday, August 19, 2009 11:33 AM MST
A bicyclist was fatally injured Tuesday evening after colliding with a truck on east Airport Road.
According to a press release from the Graham County Sheriff's Office, both the bicyclist, Jose Arias, 36, of Las Vegas and the truck were heading westbound on east Airport Road at about 6:53 p.m. and were approximately two-tenths of a mile east of San Juan Mine Road when the collision occurred. The driver of the truck, Pablo Garcia Jr., 35, was not injured.
Arias was taken to the Mount Graham Regional Medical Center by Southwest Ambulance for severe injuries and was later pronounced dead.
Arias served as an associate pastor at the Mountain View Seventh-day Adventist Church in Las Vegas.
The collision is under investigation by the Sheriff's Office with the assistance of the Graham County Attorney's office and the Department of Public Safety. No citations have been given pending the outcome of the investigation.
Matt French of Team Waste Management Cycling was hit by a car which did a U turn in front of him last Wednesday. He suffered severe injuries to include a crushed right arm, which he almost lost, punctured lung, broken ribs and was knocked out for 15min. He does not recall anything about the accident. I am still waiting to hear what the charges are.
ReplyDeletePolice identify bicyclist killed near Udall Park on Thursday
ReplyDeleteCyclist struck by truck near Udall Park dies
Police have identified the bicyclist fatally struck near Udall Park on Thursday.
Charles W. Nystrom, 54, of Tucson had been exiting the park in the 7200 block of East Tanque Verde Road when he was hit by a black Ford F-150 truck driven by a 20-year-old woman, police spokesman Sgt. Fabian Pacheco said in a news release Friday.
The woman, who had been driving east on Tanque Verde, has not been cited. The completed investigation will be turned over to the Pima County Attorneys Office for review, Pacheco said.
Detectives' preliminary findings show Nystrom failed to yield to oncoming traffic before riding across the road.
Tucson has had 31 fatalities this year, compared to 34 at the same time last year, the release read.
Crash kills bicyclist, 23; teens charged
ReplyDeleteThe Associated Press
PORTLAND - A 23-year-old bicyclist was hit and killed early Sunday morning by a teenager whom Portland police said may have been driving while drunk.
Dana Abdullah, 18, struck Noah Jacob Madison Cardamon from behind, Portland Police Sgt. Brian Schmautz said.
The force of the collision sent Cardamon into a car parked at the curb, police said. He was not wearing a helmet and died at the scene, Schmautz said.
According to police, Abdullah originally told officers that she and passenger Sheena Dawn Foster had been driving past and noticed the wounded bicyclist.
After being questioned by police, Abdullah eventually confessed to authorities, witnesses said. She has been charged with one count of criminally negligent homicide.
Foster, 19, was charged with one count of hindering prosecution and one count of interfering with a police officer.
Investigators believe that Abdullah and Foster ``took steps to conceal evidence prior to officers arriving at the scene,'' Schmautz said.
He also said investigators believe that alcohol was a factor in the collision.
Foster told reporters she and Abdullah had just left a bar and were on their way to a friend's house. She said she doesn't remember the car hitting the bicyclist. ``I wish I could take it back ... but I don't know what happened to take anything back,'' Foster said.
Posted
Bicyclist Killed on the Northwest side
ReplyDeleteFriends and family are mourning the loss of a Tucson woman, a mother of two killed while riding her bike.
The Pima County Sheriff's department says just before 8 o'clock last night they responded to a vehicle collision in the 32-hundred block of West Shumaker Drive and North Camino de la Tierra.
Deputies say 42 year old Patti Jane Lopez was struck by a suburban.
Lopez was taken to the hospital with life threatening injuries. She died around 6:30 this morning.
The news of her death has shocked her family and her friends.
Deputies say 43 year old Patti Lopez did all the right things. She had flashers on her bike, wore bright color clothing, but she wasn't wearing a helmet.
Dawn Hanke, spokeswoman for the Pima County Sheriff's Department says "the driver did stop and render aid until medical personnel arrived."
Heather Magee's brother in law is a paramedic with Tucson Fire.
She says he came upon the accident just after it happened. "He stopped and checked to see what he could do for her unfortunately there was not a lot he could do at that point."
People who knew Lopez are devastated over the tragedy.
Valerie Keller says "I can't believe I heard she passed away. It's so sad for her kids, for her neighbors who have known her the whole time she lived here. It's terrible"
Her fiancé Todd Minton says she took care of him after major surgery and he was taking her because she had also had some surgery, now he says she's gone.
Another neighbor Brian Bliss says "She always real careful. She always had the right stuff on her bike I'm really surprised she didn't have a helmet. I'm very surprised she didn't cause she's safe like that."
Neighbors say there's a lot of bicyclists who ride this road because the bike path on the Rillito is just a couple of 100 yards from here neighbors say that street lights on the corner would be very helpful.
Magee says "even a wider paved shoulder so bike riders can get to the river trails if that's where they are going. They kind of have no choice but to be in the street when it gets dark. It really gets dark."
Her fiancé Todd Minton says he had just installed the flashing lights on the bike for mother's day. He says he didn't like her riding her bike in the dark to her son's baseball games.
Investigators say the woman who clipped Lopez, had her children in the vehicle and it is possible she will be facing charges.
After all my research, it would appear that the ONLY factor that would change the charges or the outcome of hitting and killing a cyclists is ALCOHOL. Not the the fact that the driver was texting, not paying attention, negligence, intentional, no insurance, no drivers license or registration. HOW IS THIS JUSTICE?
ReplyDeleteDriver Hits Cyclist He Thought Stole Son's Bike
ReplyDeleteMinivan Driver Intentionally Hits Cyclist He Mistakenly Thought Stole His Son's Bike
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(AP) Colorado Springs police said a minivan driver intentionally hit a cyclist who he mistakenly thought had stolen his son's bike. Police said the cyclist suffered minor leg injuries when he was hit Monday but didn't require hospitalization. Investigators said the driver got out of the minivan and approached the cyclist, and the cyclist punched him, fearing he would be hit again.
The cyclist's name wasn't released.
Police identified the driver as Timothy Hombs. He was arrested on suspicion of second-degree assault.
A woman who answered Hombs' phone on Tuesday said he didn't want to speak to a reporter.
Police said the bicycle didn't belong to Hombs' son.
Rescued man faces Stupid Motorist Law citation
ReplyDeleteLaura Gold
The Arizona Republic
Jan. 7, 2008 03:58 PM
The Maricopa County Sheriff's Office cited a man under the Stupid Motorist Law and on suspicion of reckless driving Monday afternoon after he was rescued from raging waters in a flooded Cave Creek wash.
Rural/Metro firefighters plucked the 61-year-old motorist from his pickup truck moments before it was pulled down the wash. The man, whose name was not released, was left cold and wet but was not injured, said John Kraetz, district chief for the Rural/Metro Fire Department in Cave Creek and Carefree.
The man had driven through the wash, just west of Spur Cross and Yucca roads, when the water was at a passable level to drop off a worker, Kraetz said. He then turned around and drove back but the water had risen about a foot in what the man told firefighters was about three minutes.
Two fire engines and an ambulance were sent to the wash where firefighters pulled the man from his truck just before it was carried about 30 to 40 feet along the wash, Kraetz said. Kraetz urged people to never drive through flooded washes as the water rises quicker than people think.