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Title: | Bicycling |
Notice: | Bicycling for Fun |
Moderator: | JAMIN::WASSER |
|
Created: | Mon Apr 14 1986 |
Last Modified: | Fri Jun 06 1997 |
Last Successful Update: | Fri Jun 06 1997 |
Number of topics: | 3214 |
Total number of notes: | 31946 |
1498.0. "BICYCLIST KILLED! I NEED YOUR HELP!" by SWAM3::SIRBU_GR () Wed Apr 11 1990 19:32
Dear Fellow Bicyclists,
I need your help! Unfortunately, on November 15, 1989 my father, George
Sirbu, was struck and killed by a motorist while riding his bicycle. My
father was 67 years old at the time and an avid bicyclist. As a matter
of fact, he had two weeks before rode the entire length of the 120 mile
Mexicali-San Felipe Fun Bicycle Ride. At the time of this death, he was
training for the November 19, 1989 75 mile Tecate-Ensenada Fun Bicycle
Ride. As you can tell he was a very experienced bicyclist, knew how to
ride safely and rode every day.
The killing motorist simply stated that she "did not see him, until
AFTER I hit him." This is hard to believe! The police report stated
that the motorist had 15 feet between the motor vehicle lane of traffic
and the un-marked bicycle path where my father was riding. To give you
an idea of the terrain, my father was riding his TREK mountain bike
when struck at the end of an approximate 300 yard straight, flat
stretch of road which had no physical obstructions obstructing the
motorist's vision. Obviously, the motorist was doing something other
than watching where she was going, allowed her car to drift to the
right and strike my father from behind at approximately 50MPH. He did
not suffer, he was killed instantly from a broken neck and skull
fracture from where the car pushed his helmet into his skull.
After the police, coroner and District Attorney (DA) completed their
investigations, the DA decided not to press criminal charges against the
motorist (even though the San Diego Police Department charged the
motorist with misdemeanor vehicluar manslaughter).
In an effort to change the DA's decisions, I contacted the State of
California Attorney General's office (their reply was; it's the DA's
problem, not ours), the State of California Department of Motor
Vehicles (I have not received a reply from them), my local California
State Assemblyman (he stated that he would review current legislation
to determine if it needed to be "beefed up" to protect bicyclists) and
the District Attorney himself (he stated that because the motorist was
not breaking the law at the time she killed my father (i.e., not drunk,
speeding, driving recklessly [can you believe he said the motorist was
not driving recklessly!!!!!!!!!!!] etc.) there was no basis upon which
to charge her with vehicular manslaughter!
This is where I need your HELP! Has anyone out there run into this
situation before? If so, please let me know so I bring more pressure
into the legal system in order to get something done!
NOTE: The motorist, if not brought to trial on vehicular manslaughter
charges, will receive ONE POINT on her driving record! It takes eight
points on your driving record in the State of California before you
lose your killing license, oh.....excuse me, I meant your drivers license.
Therefore, she can kill seven more bicyclists (human beings) before any
action is taken.
I think you can see my dilemma, the legal system (at least in San Diego
County, California) does not care if bicyclists are killed on it's
roadways. I am trying to do something about it and need some help. If you
have any ideas, please let me know. I can be reached at 213-417-3733 or
via A1 @LAO.
Sincerely
Greg Sirbu
T.R | Title | User | Personal Name | Date | Lines |
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1498.1 | Not the first of these sad cases | BUFFO::BUFFO | | Wed Apr 11 1990 20:51 | 20 |
| Greg,
I'm sorry to hear of your father's tragic death.
I read a short article in Velo-News (I believe it was posted last summer)
of a very similar accident in which four experienced cyclists were killed.
As I recall, the accident occurred in Orange County (Laguna Beach?), CA.
The motorist was apparently reaching into the back seat for another cassette
tape when she plowed into the pace line of cyclists. To me, that's
vehicular homicide. If I remember accurately, the motorist was not
cited.
I mention this because I presume that local bike shops or cycling clubs
would have a more reliable record of this accident, and may be able
to advise you about how to proceed. At a minimum, someone should be
keeping track of these tragedies so that legislators and police realize
that these are not isolated incidents.
Hope this helps,
David Buffo
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1498.2 | Try the BCF in the UK...... | IDEFIX::HEMMINGS | Lanterne Rouge | Thu Apr 12 1990 06:48 | 19 |
1498.3 | <Not the first and sadly not the last> | AYOV24::RGELVIN | | Thu Apr 12 1990 12:43 | 41 |
|
Greg,
I too am really sorry about the death of your father and amazed
at the attitude of the local authorities. Here in Britain we also
suffer from a severe lack of legislation to protect the cyclist.
We however have practicaly no cycle lanes on the roads which makes
the cyclist all the more vulnerable. In a case that took place only 15
miles from here a driver mowed down a group of cyclists on a training
run killing five. He was drunk at the time and received only a few
years disqualification, this being I believe more for being drunk
in charge of a vehicle than for the deaths of the cyclists.
In Britain the British Cycle Federation is constantly campaigning
for our laws to be brought into line with that of France where it
is a manslaughter offence to kill a cyclist unless the driver can
prove that the cyclist was trying to commit suicide at the time.
I would like to see this happen all over the world as I beleive a lot
of people are deterred from cycling because of the dangers. Governments
are all trying to get on the GREEN bandwagon yet do practically
nothing to encourage the environment friendly of all forms of vehicular
transport.
From the cyclist side I would like to see all cyclists compelled
to make themselves visable at all times (lights, flourescent jackets
etc) and also compeled to wear a helmet. I know helmet wearing is the
norm in the USA but is very rare in Europe.
I have cycled in California on three occasions and found the
provision of cycle lanes far better than here in the UK but still
far short of countries like Holland. However the traffic was really
heavy in some parts and I also found people did not really stick
to the speed limit. However I did feel safer on my travels there
than I ever do when cycling here.
I hope you are successful in your campaign to get the authorities
to change the law concerning cases like this. Your father was in
a cycle lane which to me means it is off limits to cars, except perhaps
in the case of breakdown. Surely then this case should be judged
the same as if she had mounted the pavement (sidewalk) and killed
a pedestrian. I have been in three serious accidents with cars since
I took up cycling and know how hard it is to get justice in these
cases.
If I can be of any help please don't hesitate to ask.
Regards Richard
|
1498.4 | | BCSE::DESHARNAIS | | Thu Apr 12 1990 13:32 | 21 |
|
Greg, my deepest sympathies on the loss of your father.
Have you sought the advice of an attorney? It is possible that they can
pressure the authorities to take a more serious look at the case, or
perhaps you can even bring a civil suit against the moron who caused
this. I would definitely give this a try.
While I certainly can't say I know how you feel, I do have an idea of
how frustrating it is to experience a no-action judicial system. More
then once, I have heard drunk drivers or people who were obviously
negligent in some accident getting away free because they knew the cop
or someone else in the system. Sometimes the authorities will "look
the other way" so as to avoid dealing with the red tape. I myself have
been the victim of this sort of mentality.
Take care of yourself, and I wish you the best of luck in this difficult
time.
Regards,
Denis
|
1498.5 | Get a good Lawyer | SVCRUS::CRANE | | Thu Apr 12 1990 13:46 | 13 |
|
Absolutely get an Attorny to deal with the Legal aspects of the
case. Only a legal mind can deal with the ins and outs of the legal
system. Even if you cannot get criminal charges brought against
the driver you can make them pay for it in other ways. This is
what law suits are for. You have a Valid reason to go after this
person for what they did. But you have to do it right !
Get a good Lawyer Through a referal service.
Most of all stay persistant and calm when dealing with this matter.
John C.
|
1498.6 | Try the local club | ODIXIE::PENN | Joe's Bait & Sushi Shop | Thu Apr 12 1990 14:19 | 13 |
| Greg, I to am sorry for the loss of your Father.
There was almost the same type of case here in Atlanta only the police
did not want the charge the driver. The local bike club put so much
pressure on the DA's and police office that three weeks after the
accident the driver was charged. See if you can get some help and
advice from the local club.
I would then file a civil suit against the driver,
Joe
|
1498.7 | call the LAW? | SUSHI::KMACDONALD | Hat floating? It's MUD SEASON! | Thu Apr 12 1990 14:54 | 9 |
| This is terrible, made (somehow) even worse when they let the idiots go
afterwards. I don't recall any of the previous replies suggesting that
you call the League of American Wheelmen - they get involved in a number
of legislative and legal activities last I heard and have probably had
experience with this sort of thing before... Their number is probably in
here somewhere.
Good Luck & Best Wishes,
ken
|
1498.8 | THE LEAGUE IS THE WAY... | WMOIS::C_GIROUARD | | Thu Apr 12 1990 16:12 | 17 |
| I second the advice on contating the LEAGUE OF AMERICAN WHEELMEN.
They are heavily involved in this stuff and have representatives
inside statehouses and such lobbying for our rights.
The address is:
THE LEAGUE OF AMERICAN WHEELMEN
6707 WHITESTONE ROAD, SUITE 209
BALTIMORE, MARYLAND 21207
The phone# is: (301) 944-3399
My sympathies and good luck. Please let us know what happens
here.
Regards,
Chip
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