Two injured in Oro Valley after elderly driver hits them in the bike lane
This is all I know. It is from an e-mail from Mindy Blake to Jean Gorman:
Cyclist hit in OV
8:45 a.m. fri.
Happened at Calle Buena Vista south of Calle Concordia. An 85 year old woman hit two bicyclists who were in the bike lane. She did not stop. A witness got her plate number and OV police found her later. She told them she didn’t know she hit anyone. There was passenger side damage on her white SUV. She was not cited, but the case will be turned over to the County Attorney’s office to look at.Bicyclist #1 68 years old, broken femur and hip
Bicyclist #2 62 year old, broken arm
Mindy Blake
A broken femur at 68 years old is no picnic. Send your best wishes their way!
And help me get some of these laws changed. If this woman hit these cyclists due to inattentiveness (and since she didn’t even know she hit them that seems pretty likely) this woman should not drive again.
Bike lanes should afford some protection to cyclists, just as crosswalks afford some protection to pedestrians. I do not understand why motorists who hit cyclists inside bike lanes are permitted to continue driving without so much as a requirement to attend a safety class. In the name of Allen Johnson, Drake Okusako, Jerome Featherman, and all the other riders who have been hit by inattentive or incompetent drivers, it needs to change.
Update: Here’s the link to the story on KOLD.
–Erik Ryberg
October 2nd, 2009 at 6:23 pm
I agree that it is nuts that drivers get off scott free. How do we help you change the laws?
October 3rd, 2009 at 7:59 am
I, too, wonder why it is permissible to kill or maim with one’s car and receive no punishment. What legislative body needs to be lobbied about this?
October 3rd, 2009 at 8:19 am
Do you actually believe that a painted stripe serves to protect pedestrians in crosswalks? Researchers have found that they give pedestrians a false sense of security and on really busy/fast roadways, the level of danger goes up significantly because one motorist may see you and stop, while the others continue to go oblivious to the pedestrian moving across the street. It’s because of these dangers that cities will not install any new marked crosswalks. Hawk signals are the only way to safely get folks across the road.
http://www.tsc.berkeley.edu/newsletter/summer2006/zegeerxwalks.html
October 3rd, 2009 at 12:14 pm
Michael: The police have a number of options, they choose to not exercise them. One, Cite her for leaving the scene and the violation , maybe the three foot law,admission or not. Two confiscate her license as evidence. Three, impound her vehicle as evidence. Many options are out there, but police just do not get involved and apply the laws that are available to them…. WHY ? Too much trouble? Maybe pass the buck to prosecutors? The police attitude is where the change needs to be made, not the laws.
October 3rd, 2009 at 12:38 pm
“I do not understand why motorists who hit cyclists inside bike lanes are permitted to continue driving without so much as a requirement to attend a safety class.” (ERB, above)
Safety class, ha! (any studies on the recidivism rate of safety class” That is to say, do safety really classes work?)
How about mandatory mental status exam and vision test prior to safety class for such motorists?
Or turn it it all over to big insurance?
October 3rd, 2009 at 1:40 pm
Red Star, That is the very reason a police officer can impound a vehicle and confiscate a license. One as evidence and two, force the operator into a testing period to show that she (in this case) can operate a motor vehicle with out killing people. MVD can do that, it’s the law. PLUS, the officer is liable should she go out tomorrow and hit another cyclist. With a license number, it takes 5 minutes to track her down, five minutes to interview her, determine her culpability and then an hour to do the report and while waiting for the wrecker he can write his report. It’s easy, a no brainier, yet why don’t they do it? NOW , the hard way, the cyclists go to Erik, they file a suit, the insurance company gets involved after a long trial or settlement period the insurance company refuses to insure her in the future, she then becomes non-insurable. A condition of settlement , the cyclists can ask she be tested in order to drive again. Then MVD gets involved. Obviously more complicated than that, but that’s it in a nut shell. You are right about safety class, it’s a joke. It’s no more than jumping through “hoops”.
October 3rd, 2009 at 3:23 pm
All–
Whoops, I meant driving class, not safety class. A real class that actually makes you drive around and prove you can do it safely.
There are several legislators that are sympathetic to bicyclists. I haven’t had as much time to devote to it as I would like, but I want to press for more serious consequences if you hit a bicyclist in a striped bike lane (route, whatever).
How is it a bad idea to strip a license from a person who has drifted into a bike lane and killed someone? And I’m not going to insist on special treatment, either. I think the same penalties should apply to people who run red lights and kill other motorists, too. We need to raise our standards for who can be operating these vehicles.
To Jared — I should have been more clear about “protection.” Crosswalks provide protection in the form of burden of proof if you are hit in one; I think it should be the same with bike lanes. If a bicyclist is struck in a bike lane, it should be the motorist’s burden to show that they were driving attentively. Whether those stripes actually stop cars from running you down is an entirely different question.
EBR
October 4th, 2009 at 2:40 pm
http://www.azdot.gov/mvd/driver/driverimprovement.asp
You can go here to read about when and how long they will suspend your DL.
How Pathetic.
October 4th, 2009 at 3:23 pm
The problem is not that there is not enough laws, there are plenty of those! It is that the police, district attorneys and judges are derelict in their duty to enforce the law!
It is time for bicycle advocacy groups to stop partying in the state capital drafting new laws that will be just as ignored as the old ones and demand that our public servants start doing their jobs.
October 4th, 2009 at 3:31 pm
Don’s comments (#6, above) as well as EBR’s (#7, above) have some merit.
Most states have laws pertaining to domestic violence (in Arizona it is ARS 13-3601). The laws have the effect of lifting blow-back from officers so that they simply enforce and apply the law. among other effects.
Any chance that ARS 13-3601 could serve as a toothy model for how to get driver (mis)behavior under control?
October 4th, 2009 at 6:00 pm
I asked a cop recently about why they don’t enforce the 3-foot law.
He said they don’t enforce it because 9 times out of 10 the driver will fight the ticket and if there wasn’t an accident, then the judge throws it out.
So because of that, this officer says cops stopped writing the tickets.
Seems like he might just be passing the buck.
October 4th, 2009 at 6:19 pm
Well, then they should only write speeding
tickets if you kill somebody while speeding.
And they should only write cyclists tickets
for rolling through stop signs if they kill
someone when they do it.
Did the guy in Asheville who shot the cyclist
ever get charged with anything?
October 4th, 2009 at 7:44 pm
Michael, Right off the bat , I’ll tell you the officer was lying to you. There has not been 10 citations for the three foot law written this year, much less 1. 9 out of 10 , the judge dismisses the citation, what a bunch of crap. They do not write for that violation, period ! Freedom of information act allows us to access lots of public records, I did not find one 3 foot citation issued this year. Coghauler has it right. Bring the complaint before the judge, force him to do his job. It’s always been my experience the city court judge’s are nothing more than a “rubber stamp” for police anyway. Red Star, you make an interesting point as well, we need some lettering in the law as in 13-3601, “shall”&”order” , big words easily added if someone in the capital has some intestinal fortitude. Imagine the trouble a police officer would be in if he stopped a driver for “DUI”, found him intoxicated and then let him drive home. While that driver was on his way him he runs a light and kills someone. Whats the difference letting an incompetent driver back on the road to run over someone else?
October 5th, 2009 at 10:03 am
I am starting to wonder if bike lanes are more safe than taking the lane. I don’t know what the answer is. But it seems like if the bike is actually in the traffic lane, it might be harder to ignore. Motorists see bikes in the bike lane, but somehow they manage to ignore them because they are “separated” by a painted white line.
October 5th, 2009 at 11:00 am
@alison Jones exactly.
We removed traffic from the travel lanes, but never removed the responsibility.
October 5th, 2009 at 11:26 am
So with the number of car-bicycle collisions lately due to elderly inattentiveness, is it now safer to ride at night than during the day because they’ll have already gone to bed at 7?
October 5th, 2009 at 1:03 pm
@Alison,
an inattentive driver will hit you whether you’re in the lane or on the shoulder. My theory behind cycling safety is that if you are depending upon the driver behind you to see you, you’re probably asking for trouble. If I’m not in the direct path of a vehicle, whether or not he sees me, I won’t get hit so long as he moves in a straight line. That’s not to say the he or she will not drift into my path or turn into me, but there’s not much I can do about that.
October 5th, 2009 at 3:54 pm
San Antonio has the same type of problem: http://www.mysanantonio.com/news/Married_couple_on_bicycle_killed_in_collision.html
Cyclists getting killed in “safe zones” and drivers don’t get a ticket. The newspapers mention two other bicycle fatalities. I’d like to find out if anyone gets charged for killing bikers here. What is involved with getting investigative reports or finding out whether someone gets a ticket? Do you visit the police, DA, or what?
October 5th, 2009 at 4:36 pm
Good on ya girl:
http://www.craigslist.org/about/best/nyc/1295924472.html
October 5th, 2009 at 5:48 pm
Robert, see this article by Ryn Gargulinski Sept. 15. on tucsoncitizen.com.
“Other Tucson police statistics report two fatal bicycle versus car incidents this year, one with a motorist who left the scene; 150 bicycle traffic injuries, 46 with motorists who left the scene; 47 bicycle property damage incidents and 26 “other” bicycle accidents.”
http://tucsoncitizen.com/rynski/tag/tucson-bicycle-deaths/
October 5th, 2009 at 8:30 pm
hmmm, first it’s “If you are looking for thrills, chills and a regularly risking your life… You can just bicycle around Tucson”
and then:
“I am in no way trying to discourage bicycling in Tucson.”
October 6th, 2009 at 2:43 am
Tucson is ranked 8th in the nation. Phoenix is 7.source http://blog.bicyclecoalition.org/2009/10/philadelphia-is-no-1-among-big-cities.html#
October 6th, 2009 at 2:49 am
I mean phoenix is 24 and Mesa is 27
Way to go Tucson.
October 6th, 2009 at 10:19 am
I feel fortunate to be able to commute “around the edges” (El Tour Route mostly) of town, and to do weekend rides from the edge of town – rarely have to face real urban traffic. When I do ride through the middle of town I generally find it more scary than enjoyable; don’t know if I’d commute if I had to face Speedway or Broadway or worse every day. I also think there are some serious differences between types of riders with way different mentalities and points of view. There’s a lot of room for improvement among cyclists’ behavior generally but I don’t see why drivers are not held responsible for hurting/killing people through negligent, inattentive driving.
October 6th, 2009 at 3:12 pm
Hey Robert. To Answer your question about records and details. “The freedom of Information Act” allows citizens to access public records. Citations, collisions and the like are public records. It’s a long drawn out process, but if you have the patience and time go to your local police department records section and make the request. You will have to be specific as to your request. for example: Any and all citations for violation of Arizona Revised Statutes, 28-815, between January 1, 2009 and to date. That one is for violations by drivers making turns using a bike lane as a turn lane. Trust me , you will find that the TPD records section has not one citation issued for that violation. They can pull all citations with that A.R.S. (28-815) statute section as a reference. NO names or addresses , nothing detailed about the driver, just “stats”. It is very easy to see how bike riders are ignored in Tucson, except when they run stop signs amass. Sorry gang, not smart running stop signs in front of 10 policeman.
October 9th, 2009 at 1:29 pm
As disturbing as this is, I’m not in the least surprised. I was biking in a small paceline in Oro Valley earlier this year – all four of us were inside the bike lane – and an elderly gentleman passed us, laid on the horn, then swerved into the bike, and came to a complete stop. Two of our group managed to stop in time – between his car and the curb, and two of us had to cut around to the left, as to not to rear end the car. The driver threw open his door, trying to hit us as we passed. He then sped off, trying to ram the two of us into the oncoming traffic, and then fled down the road. I got his license plate number, and gave it to an Oro Valley police officer who happened to be at the gas station about 1/2 mile away. The police officer’s reaction: “Yeah, that’ll happen here. People don’t like you being on their roads. We’ll look into it.” And then he drove off. With that kind of “law enforcement” and “protecting & serving” it’s no wonder that more and more of these incidents are happening in Tucson and the surrounding areas. There’s no fear of punishment.
October 9th, 2009 at 4:24 pm
Sluggo, I’m sorry that happened to you. I’m angry the officer didn’t do something right then. At least take a report, get your names address, phone #’s etc. What that guy did is a crime. In fact it’s attempted assault with an automobile, which makes it attempted aggravated assault. That Slugger is a felony. For the officer to pass it off is clearly a sign the officer did not know the law or take your complaint seriously. In that case I would have that guys name and report him to Oro Valley police internal affairs, for dereliction of duty. It’s a crime for police to ignore a felony. Too bad you can’t track that guy down and inflict your own justice on him.
November 23rd, 2009 at 8:58 am
Musician releases “Hit and Run” after bike accident. Hope the link works.
http://thechronicleherald.ca/ArtsLife/1154193.html