Hit and run involving a bicyclist — do Tucson drivers get one freebie?
While mulling over why it is taking so long for a decision to made about charging the driver with leaving the scene of an accident in the El Tour case that left local cyclist Gary Stuebe in a coma, I got to thinking about the Jennifer Henderson case from earlier this year.
Ms. Henderson struck a cyclist at an intersection, spoke with the cyclist briefly, and then left the scene. The cyclist was (more or less) unhurt, but her bicycle was no longer ridable after the incident, and she called the police . A bystander had taken down Ms. Henderson’s license number and supplied it to the police.
Some weeks later Ms. Henderson was tangentially involved in another accident and she was questioned about the incident with the cyclist. She admitted to the officer that she had fled the scene in that case, and the officer then wrote the following in his report:
“I advised Henderson while she did the right thing by asking the bicyclist if she was alright, she by Arizona Revised Statute was considered a hit-and-run suspect because she left the scene without providing her name, address, and registration number to the bicyclist. I explained to Henderson she would not be cited for this and that she now knew the law and would know her obligation in the future.”
With that, the officer let Ms. Henderson go. It appears that maybe when it comes to hit and run with a cyclist, you get a freebie.
Meanwhile, the cyclist that Ms. Henderson hit might, I would think, like to know about Ms. Henderson’s confession and get her insurance information so that she could be compensated for the bike Ms. Henderson damaged. But that, I’m afraid, isn’t going to happen.
–Erik Ryberg
December 10th, 2008 at 11:09 pm
Does that apply to fatalities as well? I guess we’ll find out with Ms. Rumsey.
December 11th, 2008 at 11:14 am
Absolutely unacceptable. TPD and Pima County Sheriff’s Dept. are inept and incompetent, at best. I cannot begin to fathom how or why the Sheriff’s Dept. did not cite “Old Man River” for fleeing the scene of an accident. Hit-and-run, after he got out of his vehicle, saw the injured cyclists and damage to his car, and took off. I’m sure we’ll hear from the Defense team how it was some ‘defect’ in the roadway, or bike lane, which caused the cyclists to “run into” grandpa’s car. I am ashamed at these public servants.
December 11th, 2008 at 2:07 pm
“But that, I’m afraid, isn’t going to happen.” (Erik Ryberg, above)
Forgive me, but I’m not so sure that pessimism solves the presented problem…”Bring me well-defined problems, that’s okay, but bring me possible solutions as well” someone once said…
December 11th, 2008 at 2:11 pm
Sorry, I forgot to work into the above that just riding a bike is an act of optimism.
December 12th, 2008 at 5:29 pm
Eric not being a lawyer I don’t know what you can do to get LEO to live up to the first two letters of their acronym and actually enforce the law. Class action lawsuit perhaps? Or Million dollar lawsuits against individual LEO when they fail to enforce the laws and people get hurt because of it? Or wait in dark alleyways for individual LEO and administer justice with a u-lock? I don’t know what the answer is except that Tucson LEO appear to be the only ones worse than TX LEO in this regard.