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Conference noted::bicycle

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
                                                   
    
    
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1498.1Not the first of these sad casesBUFFO::BUFFOWed Apr 11 1990 20:5120
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
1498.2Try the BCF in the UK......IDEFIX::HEMMINGSLanterne RougeThu Apr 12 1990 06:4819
1498.3<Not the first and sadly not the last>AYOV24::RGELVINThu Apr 12 1990 12:4341
    
    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
    
1498.4BCSE::DESHARNAISThu Apr 12 1990 13:3221
    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
1498.5Get a good LawyerSVCRUS::CRANEThu Apr 12 1990 13:4613
    
      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.
    
1498.6Try the local clubODIXIE::PENNJoe's Bait &amp; Sushi ShopThu Apr 12 1990 14:1913
     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
    
    
1498.7call the LAW?SUSHI::KMACDONALDHat floating? It's MUD SEASON!Thu Apr 12 1990 14:549
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
1498.8THE LEAGUE IS THE WAY...WMOIS::C_GIROUARDThu Apr 12 1990 16:1217
     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