Driver investigates damage to his car after striking bicyclist and then leaves the scene — but it isn’t who you think
As a continuing public service announcement regarding our status as a potential platinum-rated bicycling city, Lauren and I offer you the story of Leonard Salazar. (And Leonard — if you are reading this, please call me — (520) 622-3333).
On August 4 of this year Mr. Salazar was lawfully riding his bike southbound on Campbell when a driver of a BMW turned in front of him and collided with him. Mr. Salazar, who fortunately was wearing a helmet, was thrown to the ground and his bike was destroyed.
Numerous witnesses rushed to his aid and made the driver pull over, which he did. Paramedics soon arrived at the scene, but Mr. Salazar declined medical treatment because, he said, he could not afford it.
This next part will sound familiar to those of you who have been following the El Tour crash: the driver got out of his vehicle and looked at the damage to his car. He then told the crowd, “that sucks,” and got in his car and drove away.
Witnesses naturally took down the license number and supplied it to the police.
The police located the address and phone number of the driver and called him, but, unfortunately, received his voicemail. The driver did not, apparently, return their call.
And with that, it appears, the case was closed.
–Erik Ryberg
December 4th, 2008 at 4:45 pm
What do you want us to do, Erik? Go to his house and scare him?
— TPD Sgt. Tim Beam
December 4th, 2008 at 4:47 pm
Dang, Eric, where does the TPD get its personnel? Completely ignoring a felony crime report is a crime in TX, isn’t hit-and-run a felony in AZ?
December 4th, 2008 at 4:55 pm
Good thing the driver didn’t stick around – if he had, Salazar would’ve been ticketed for *something* so the driver could recover on the scratches to his car.
December 4th, 2008 at 7:41 pm
Opus, it is a felony in Arizona to leave the scene of an accident where there was an injury, and a misdemeanor to leave the scene of an accident where there was only property damage. I have a case now where the driver left the cyclist lying semi-conscious on the pavement and the cyclist later went to the hospital — but the police didn’t regard that to be a sufficient “injury” to cite the driver with the felony. They did, at least, go cite him.
If the police were to cite the man who struck Mr. Salazar, then Salazar could at least get his bike paid for through restitution.
Another sad fact here is that Mr. Salazar, like a number of my clients, declined medical attention because he could not afford it, even though he probably should have gotten checked out by a doctor. When you are in shock after an accident like that you sometimes don’t know you have a fractured bone somewhere.
I’ve had clients practically fight their way off a gurney because they fear the medical bills will ruin them. I find that to be very sad.
–EBR
December 5th, 2008 at 8:43 am
EBR,
I think it may be a good idea to have a Doc in your rolodex that can work on a lein basis. You can refer your cleints for an exam and care, the doc submits the billing to the attorney who presents it to the insured(thier Company). It’d be with the understanding that no collection can occur unless your cleint prevails. Even if it ends up with the owner of the car is not insured and there’s no way to compensate the victim, there’s the referal(s) and a next time.
With regards to Mr. Salazar, why is he not persuing the beamer in civil court or small claims? I don’t beleive that law enforcement failed to get name, DL#, and insurance card info from the driver, especially with witness’. How wierd would that be to go to court and have eye witness’ point out the driver and the court slap the driver with the charge(I think they can do that can’t they?) Plus, by that time, the insurance company would be besides itself to wash it hands of their clients oncoming guilt of hitnrun/failure to disclose financial responsibilty cards/info.
more coffee anyone?!
m
December 5th, 2008 at 11:27 am
Hey Mark–
Mr. Salazar probably does not even know that the police have located this guy and that he has the ability to pursue this guy for his damages. I’ve never spoken with Mr. Salazar; I only know about his case because Lauren and I get copies of the police reports involving bike accidents every month.
EBR
December 5th, 2008 at 11:42 am
….”it is a felony in Arizona to leave the scene of an accident where there was an injury”….Well, I guess
that makes me a felon when my front wheel caught a
pothole and threw me over, breaking my collarbone. I
got up and rode home…good thing there wasn’t a cop
around. Is the inclusion of a motor vehicle the
determining factor in this statute?
December 5th, 2008 at 1:58 pm
When victims refuse emergency care because of fear of financial ruin then are victimized twice, once by the driver of the car, and again by “The System”. We need universal health care in this country to prevent people from being victimized twice.
December 5th, 2008 at 2:00 pm
Is comment #1 for real? Do other TPD officers share his views? If he is in fact from TPD, it’s no wonder that drivers have no respect for cyclists-they know that if they should happen to hit a cyclist, there will be no repercussion from the police. His attitude is reprehensible!
December 5th, 2008 at 3:02 pm
Rex–
I believe P.S. is making a little inside joke at Sgt. Tim Beam’s expense. Beam is the TPD official who defended the department’s decision not to pay a visit to the motorist whose passenger attacked a cyclist with a baseball bat in a random assault. In that incident, the cyclist got a description of the vehicle and the license plate, but the police did nothing. In fact, according to the report, they spent just 21 minutes investigating the incident. My private investigator found the address of the car owner and we supplied that to the police, but Sgt. Beam refused to pay the fellow a visit, saying it was not a priority.
–EBR
December 5th, 2008 at 3:56 pm
Thanks for the info Erik. From the incident you describe, it’s incredible how TPD handles these problems. Has Sgt. Beam spent any time on a bike? He might gain some empathy. With a police force like this one, that Platinum rating should avoid Tucson like the plague.
December 6th, 2008 at 2:59 pm
Coghauler, the statute is at A.R.S. 28-661. Section C says “a driver who is involved in an accident resulting in an injury other than death or serious physical injury . . . and who fails to stop or to comply with the requirements of 28-663 is guilty of a class 5 felony.” But the requirements of 28-663 say you need to exchange information, arrange for medical care, and give assistance. So, if you fall off your own bike and injure no one but yourself and damage no property other than your own, you can legally ride away from the scene without calling the police on yourself.
EBR
May 28th, 2009 at 3:18 pm
[...] officers to swab down a car and investigate a failed break-in, why can’t they do more than make one single phone call for a bicyclist victim of a hit and [...]