Tucson Police: Cyclists who get doored aren’t paying enough attention
Carhead, Our eternal quest for Platinum Status, TPD shortcomings, vexation of the spirit August 5th, 2010
I spoke today with a man who was doored while riding on University Boulevard. He was badly injured.
I reviewed his police report, and found that the officer noted that the cyclist’s inattention was the cause of the collision. The driver, by contrast, was recorded as having “taken no inappropriate action.”
Carry on.
–Erik Ryberg
August 5th, 2010 at 2:50 pm
You have got to be kidding me!!!
A person shall not open a door on a motor vehicle unless it is reasonably safe to do so and can be done without interfering with the movement of other traffic.
http://www.azleg.state.az.us/ars/28/00905.htm
How simple is that???!!!
August 5th, 2010 at 4:24 pm
Yeah, what was that rider thinking? He should totally have seen it coming, swerved into traffic, and gotten run over. This is ridiculous. Cops should have to spend one day a week patrolling on bike just so they have a riders pov.
August 5th, 2010 at 7:58 pm
@ kyle
I’m not so sure if that would help. A cop almost rear-ended me once while I was turning right into the Bookman on Grant’s parking lot. It was quite literally split second decision close – had he not braked at the exact moment he did he would’ve hit me.
So, of course, he flies up my ass as I’m parking, lights a blazing, gets out all pissed off with a grudge, and he’s just a punk kid with a buzz cut. Accuses me of failing to signal. Accuses me of not wearing my glasses. Tells me he could write me a dozen or so tickets for not changing over my license and registration, blah blah blah. He finally sodded off when his partner got out of the car and motioned for him to go.
The circumstances? I made a legal right turn onto Grant from Campbell. His light (on Grant, crossing over Campbell) turns green and he’s all ready hauling ass. I signal, start to turn onto Norris, and I guess he hadn’t bothered looking up for the last ten seconds. His fault, but he’s the cop and he knows his word is worth more than mine.
You start sending cops like that – or the cops who get their kicks red tagging house parties on Saturday nights – and you’ll just get a bunch of cops riding bikes that like to get all high and mighty on the bicyclists they pass. Or they’ll start harassing college students as they walk from bar to bar.
To fix the interpretation of this specific law you’ll have to enact a city ordinance which states that the driver is at fault – ALWAYS AND WITHOUT EXCEPTION – anytime a bicyclist is doored. It works in Chicago, it can certainly work in Tucson.
August 5th, 2010 at 11:16 pm
First of all, parties need to be red tagged in my neighborhood… (p.s. I’m still in my 20’s, can outdrink those asshats, and don’t have kids)
Second, you’re kind of right. I see bike cops breaking traffic laws (running stop signs, riding on sidewalks, not signaling, etc) right and left, about as much as you see squad cars breaking laws. I think it would take some first hand off duty required cycling, and outright TPD policy changing toward giving cyclists benefit of the doubt, knowing and following law, etc…
The thing is, and this is coming from a guy who cycles or walks on 90 plus percent of his daily trips, I see some cyclists do some stupid freaking stuff. So, I don’t know what to do about that…
August 6th, 2010 at 7:28 am
Should it become acceptable for
cyclists to start policing their
own? I, too, am tired of people
riding their bikes like they are
12 years old expecting the adults
to keep a look-out for them.
You won’t get a pleasant response
telling someone to stop at stop
signs or ride with traffic, but
if the practice increased in
frequency, it might have effect.
The cops don’t have our back
on this–their enforcement is
too erratic…let alone their
role-modeling.
August 6th, 2010 at 9:21 am
Sometimes I want to yell at people that they’re going the wrong way, particularly when I’m going to collide with them. But then I remember some article a while back where some guy shouted at another guy to “get a light” somehow it led to an altercation where someone got stabbed. I think it’s akin to wearing a helmet or a seatbelt or having lights. Some people just don’t care about the risks.
At the same time, some people are ill-informed and think that they’re being safer, but in reality are completely unpredictable with traffic. This is a bigger problem, and I’m not really sure how you re-educate cyclists. Besides, no one wants to listen to anybody wearing lycra.
August 6th, 2010 at 10:06 am
How did this conversation get from a police officer who made a wrong decision to cyclists do stupid things that are their fault? (which, sadly, is very true).
The worst part about this police officer’s ignorance is it increases the ignorance of drivers. The driver should have been informed about the law so that next time the depart their vehicle they know the potential consequences of their actions.
I got doored in SF going very fast in heavy traffic. The driver was very apologetic and I was in some measure of pain, but I was actually impressed at how much could have happened but didn’t. I got on my bike and rode away. I was very lucky.
Is anyone going to contact the police officer and correct him? Would that help?
August 6th, 2010 at 10:40 am
TUCSON, AZ (KOLD) – The Tucson Police Department received a $44,625 grant from the Governors Office of Highway Safety to promote bicycle and pedestrian safety, Tucson Police Department spokeswoman Sgt. Diana Lopez stated.
The grant takes effect August 10 through the end of September. Motor officers will deploy at various times and locations throughout the city. There will be strict enforcement of pedestrian, bicycle and vehicle traffic violations, to try and reduce the amount of collisions throughout Tucson.
With the school year just now starting, enforcement efforts will be centered around school crossing zones.
August 6th, 2010 at 10:47 am
It seems the cyclist would have to
demand the driver be cited with a
28-905 violation. Written down very
plainly for the officer to review.
And if the officer didn’t like being
told the proper thing to do, the
victim would have to call Erik.
Maybe there needs to be published
a handy card of common violations
cyclists should know for easy
reference in situations such as these.
Nothing bugs enforcement more than a
citizenry that knows the law better
than they do. Like the Flagstaff guy
involved with the bus & cops over the
three-foot rule – you just have to stay
with it and follow through.
August 6th, 2010 at 11:19 am
Instead of the police writing some tickets, wouldn’t it be more effective to educate both drivers and cyclists in mass? Maybe filming a PSA for TV covering topics like dooring, right hooks, riding the right direction. Also, add a section in drivers ed dealing specifically with bikes and pedestrians.
August 6th, 2010 at 6:36 pm
Call it what you want, but being doored is being doored—ultimately the responsibilty of the person opening the door—–duh—-dg
August 6th, 2010 at 9:58 pm
KACHING!
August 7th, 2010 at 4:58 pm
It’s not too late, or is it? afaik citations can be issued 6 months in the case of injury. who we gonna call??
I am STILL after the somerton police dept in the wake of this death:
http://azbikelaw.org/blog/founder-of-yuma-bike-club-killed-in-head-on-collision/
so far the police there have told me that since it was an accident, they don’t want to issue a citation.
August 8th, 2010 at 2:30 pm
“so far the police there have told me that since it was an accident, they don’t want to issue a citation.”
Jesus Christ. Someone died. The immediate response of the police should be to drag her to court and put her on probation for the next (x) years so that if she even so much as gets a parking violation her license gets revoked.
Transit law in this country is so damn ridiculous. If you’re not responsible enough to not kill somebody with your vehicle you probably shouldn’t be allowed to drive one. Most states/municipalities require you to surrender your firearms if you are involved in a criminal investigation into your use of said firearms. There are only ~10,000 homicides by gunshot every year while there are over ~40,000 vehicular related deaths (yes yes, I know, a flawed comparison, but I’m making a point) – can we truly not get our heads out of our ass far enough to realize that some people just really should not be allowed on the road?
August 8th, 2010 at 8:23 pm
BB trust me on this one, the grant TPD got will give the motor units of TPD a head hunting license to write Bike riders. TPD’s way of making the streets of Tucson safer for bike riders is to enforce the traffic laws and teach riders how to ride safer…… That way the accident rate falls and they justify their grant. That’s the way they think, trust me, I know…..
August 10th, 2010 at 3:57 pm
The police failure to ticket the driver for violating 28-905 is ridiculous and outrageous.
August 10th, 2010 at 9:41 pm
Richard , I can’t agree with you more. 28-905 is very clear, to the point. simply put the policeman did not do his job and the bike rider is left holding the bag. On the other hand it’s not a surprise it’s TPD.
Erik, do your magic, the bike rider still has a good law suit, TPD incompetence is not a defense in a civil case, but you know that…… Even if the door was open for a minute or two, and the bike rode into the door, the motor vehicle operator is still liable.
August 11th, 2010 at 8:01 am
[...] Ryberg, aka the Tuscon Bike Lawyer reviewed a police report of a cyclist who was doored and badly injured: The officer noted that the cyclist’s inattention [...]
August 11th, 2010 at 1:49 pm
[...] Ryberg, aka the Tuscon Bike Lawyer reviewed a police report of a cyclist who was doored and badly injured: The officer noted that the cyclist’s inattention [...]
August 13th, 2010 at 8:55 am
[...] [...]