Redwood City police claim 14 year old cyclist at fault for her death (which I question)

Leyla Beban's "Ghost Bike" relocated away from the intersection

Leyla Beban’s “Ghost Bike” relocated away from the intersection

My worst fears imagined; the “investigation” into the tragic death of 14 year old Leyla Beban on November 26, 2012 has decided it was her fault. You can read my original entry on this, written the day afterward, which asks questions and postulated how things might have gone down more-thoroughly than what’s been released by the police department. Or not. I haven’t seen the actual police report, only on-line stories that might not do justice to the Redwood City Police Department.

I’ve gone through the accident in my mind over and over and over. I have a very hard time understanding how the motorist was not responsible for knowing that someone was on his or her right, whether cyclist or pedestrian. And since there’s no right-hand turn lane there, the motorist must assume that anyone on their right side could be going straight, and have the right of way. Alternatively, if Leyla has actually been seen indicating she would be turning right, the motorist shouldn’t be racing her for the intersection. The family has retained an attorney who specializes in bicycle accidents, so this isn’t the end of it.

Snowmageddon in DC? Never happened!

We’d been well-prepared, spending all day Tuesday in meetings, meetings, meetings and more meetings. I enjoyed hearing a politician tell us “We all know what to do. We just don’t know how to get re-elected after we’ve done it.” And another that “We are not cyclists. We’re people on bikes.” An important distinction that helps to sell cycling infrastructure.

And then came our day on the ‘Hill.

I’d like to say we came, we lobbied, we conquered. But it wasn’t quite so simple. That wild weather that was supposed to hit DC the same day we would be out on the ‘Hill, asking for consideration of the idea that bikes belong on the street, and that the streets should accommodate all users? We went to bed last night with instructions to go to this website- opm.gov/status when we woke up, and, in a nutshell, it said WASHINGTON DC IS CLOSED FOR BUSINESS. United Airlines concurred, cancelling every single flight out of IAD and DCA airports for the day.

We received phone calls and emails telling us that, although technically the government was shut down, in reality many of the offices would still be open for business, and that our state coordinators would find out who was and who wasn’t for us. At the end of the day it was obvious; those from fair-weather states cancelled, while those from the Midwest were open for business. In our case, Anna Eshoo’s door was locked, Jackie Speier’s office was open but not doing any appointments because they trusted the weather forecast, and Sam Farr (representing my brother Steve’s district in Monterey) was not only open for business but there in-person. My daughter Becky was thrilled that one of their staffers was a fellow Stevenson/UC Santa Cruz student temporarily on loan to DC (through the UC-DC program).

Regarding that terrible weather… it never happened. And even if it had, what difference would it really make, since you can live entirely underground in the area around the Capital?

More soon; it’s past midnight here, one more long day tomorrow before flying home. It’s been a bit different than planned, but I’d still rate it as a successful trip. –Mike–

In DC for Bikes!

DC weather for the day we storm the 'hill.

DC weather for the day we storm the ‘hill.

It’s time for the annual trip to DC to try and convince congress not to kick bikes off the roads. Not really, but it can feel like that sometimes. Tough to say what sort of reception we’re going to have, since it’s all about the budget crisis right now, and trying to keep local grants for worthwhile projects intact is going to be tough. Maybe they’ll take pity on us due to the weather?

It’s going to be tough getting up for an early start tomorrow morning… 6:30am DC time, which will be 3:30am back home. Is that right? Is this even possible? Film at 11.

Let’s be extra-careful out there (tragic accident Nov 26, 2012)

Yesterday morning, on our way to the shop, my daughter (Becky) and I saw that Alameda was closed off at Jefferson, with two police cars, police tape, and, as we looked a bit closer, a bicycle pushed up against the curb. My heart sank. As we continued on Jefferson, it sank even more when we came across a large flatbed with a truck on it, followed by a police car.

The location of yesterday morning’s tragic accident

It was some time before there were any news reports I could find on the accident, but eventually google came up with what I feared. A 14 year old girl, on her way to school (Woodside High), died in an incident with a truck. Both car and cyclist were making the same right-hand turn. You can view the intersection here, in Google street view. There are no sight line issues here, nothing to obscure the view of a cyclist making a turn in front of you. If that’s what happened; we know that both the motorist and the young girl were heading in the same direction, eastbound, on Jefferson, and both made the same turn, right, onto Alameda.

We don’t know if the truck had previously passed the cyclist prior to arriving at Alameda, with the cyclist then squeezing in between the curb and truck, taking an inside line to get ahead of it. This seems pretty unlikely, but it’s the only scenario I can think of in which the cyclist was at fault. Otherwise we have the girl ahead of the truck, sliding on the pavement and the truck too close behind her to stop, or the truck trying to make it around the corner simultaneously with the girl, who then slid out and went underneath the truck. With both truck and cyclist on Jefferson, approaching the intersection from the right lane, it’s the motorists responsibility to know where the cyclist is at all times and act accordingly. It’s hard to come up with a scenario in which the cyclist wasn’t visible to a motorist, and hard to believe that a 14 year old girl would be racing a truck to the corner and squeezing in-between it and the curb.

Click to enlargeA: Identifies dangerous area to ride, because it gets cut off by

B: The curb pinch, which can force bikes suddenly into traffic

C: The area of impact (also shows the bike lane paint, which was likely slippery and may have caused the cyclist to crash to the ground, where she was run over)

Note that area A, used as a bus stop, is not where cyclists should be riding! This area should be marked in some way to keep bikes and cars to the left, so you don’t have the danger of a cyclist suddenly moving in front of traffic at the intersection.

Complicating matters is the curb pincher; if you look at the street view again, you’ll see that, coming into the intersection from Jefferson, the curb moves out into the roadway a couple feet, causing a cyclist to have to move out into the lane, possibly unexpectedly to a motorist. This is a serious road defect in my mind; cyclists should not be riding (on the last couple hundred feet of Jefferson leading up to the intersection) in a position where they’re going to have to move further into the roadway, at the last minute, to clear the intersection. That last couple hundred feet (which has a curb striped red for a bus stop) should have markings on the pavement directing bikes to ride further to the left, so they approach the intersection in a predictable straight line.

Another thing to be aware of is that the girl slid out, prior to the collision with the truck. The area in which she slid has standard-issue white paint on the pavement, used to identify a bike lane. This stuff is extraordinarily slippery when slightly damp, as would be the case on a foggy day. Nearly every experienced cyclist has had a scary experience on painted lines on roadways or the tar stripes used to seal cracks in asphalt. I don’t understand why the materials used can’t have something added to them for improved traction; I know that, on the east coast, they actually add some sand to the tar stripes for just that purpose. The problem has been identified, so is someone looking at solutions? How much evidence do we need that painted roadways are often very dangerous when wet?

We visited the scene of the accident last night, on our way home. I was with my daughter again, Becky, who was crying. And I was thinking about someone else who’s daughter wasn’t coming home, and at dinner I was thinking about what that must have been like for her family, and as I went to sleep wondered if I could possibly sleep at all that night if something had happened to one of my kids. I remember, and wish I could forget, what it was like when my son, Kevin, had his first big seizure (the first one that I knew about), and being in the emergency room while they worked on him for two hours, trying to get his seizures under control, and remembering the last thing I said to him and wondered, seriously, if that would turn out to be the last thing I ever said to him. Nobody needs to experience that. For Kevin, it worked out. For this young girl, I wish I couldn’t imagine.

Added 3/22/13- The police investigation has determined that the cyclist was at fault. To say that I’m at odds with this is an understatement; reading the on-line reports detailing the reasoning, I first notice a lack of detail, and second, nothing that contradicts anything I wrote the day following the accident (all of which survives above, intact, without further editing from 11/27/2012 at 6:32pm). Here’s a link to the “new” information. There will be further investigation, as the family has retained an attorney whose specialty is bicycle accidents, Gary Brustin. I’ve known him for several years; he’s been a tireless advocate for making things better for cyclists, not just in courts but through advocacy groups as well. I have hope.  –Mike–

 

Austin? Texas? Really?

The National Bicycle Dealer Association Board of Directors meeting in Austin, Texas. Long time spent in the saddle. Too bad we can’t get the work done on a bike ride!


33 years of Chain Reaction, 4 years in shops before that, pretty much a lifetime of memories centered on cycling, working on and selling bikes… and more recently, involved with working on behalf of cycling with our representatives in DC… it was only a matter of time before I was asked to serve on the National Bicycle Dealer Association’s board of directors. That’s right, I’m representing the interest of 1,000 NBDA members plus another couple thousand who aren’t. Shops of all sizes, from mower/bike shops in small towns in Kentucky to large multi-store chains like Performance. Their employees, their owners, their customers. What we all have in common is a desire for better cycling opportunities (making “Complete Streets” the law of the land would be a great start; “Complete Streets” basically says that all new roads, and rebuilt older roads, will be constructed with the needs of all users in mind, not just cars). On the local bike shop/industry side, we would like to see a level playing field with the on-line merchants, such that your local store doesn’t have a sales tax disadvantage or have duties & other taxes assessed on the goods we sell but not on those that come into the country from overseas merchants. And in general, a more-efficient industry that would allow better living standards for our hard-working employees. Hard-working dedicated employees without whom the industry wouldn’t survive, in our store and elsewhere.

It’s not just me doing the work; we have a great team on the NBDA board, including Jeff Selzer from Palo Alto Bicycles. And beyond that, a number of local dealers who have been active at the DC Bike Summit each year, including James at Calmar Cycles (and also an NBDA member).

Tomorrow another long day of meetings, and hopefully a field trip to see Mellow Johnny’s, Lance’s shop here in Austin. I’ve heard so many interesting things about it, and see so many wearing their jerseys and t-shirts, about time I see what it’s all about! Of course, the timing is interesting. :-)

Friends in high places

A visit to Congress on behalf of cyclists has the potential to feel like an exercise in futility; for whatever reason, leadership in the House of Representatives decided to specifically target all-things-cycling for elimination from federal funding on the grounds that it’s frivolous. Frivolous?

Representative Jackie Speier with Gary Fisher at the DC Bicycle Summit lobbying event. Jackie has been a supporter of cycling from Day 1.

Tell that to car-bound commuter stuck in traffic because it’s not possible to build enough roads and parking lots in a city and still have a place to live.

Tell that to downtown stores and restaurants that can’t stay in business because the lack of space has driven rents through the roof.

Tell that to a new generation that may become fat & lazy because it’s not safe for kids to ride or walk to school, so they’re driven everywhere.

Tell that to anyone paying nearly $5/gallon for gas because our need for fuel has driven up the cost.

Tell that to a cyclist who’s been injured by a car because the roads aren’t built to accomodate all users.

Fortunately, the two Representatives local to Chain Reaction, Jackie Speier and Anna Eshoo, get it. And fortunately, when the House leadership (Representatives Boehner and Mica) decided that cycling infrastructure and Safe Routes to Schools programs were frivilous, thousands of people responded. We heard that the kickback from cyclists was far beyond anything Boehner and Mica were prepared for and, as a result, there will likely be a 3-month extension of the current highway funding bill, keeping our programs intact. During that 3 months, the House and Senate will be getting together to hammer out a bill acceptable to both, and it is hopeful that, while we’ll share our burden of the current financial situation, we won’t be completely gutted as things originally appeared.

To all of our customers who responded to an earlier email request for help (by calling or emailing your representative), all 800 cycling advocates who worked “The Hill” in DC on March 22nd, thank you. We have proved ourselves capable of a good fight, and that alone is worth a lot of value when fighting for our rights to the road and our desire to make our communities friendlier to all who live there. The battle is not over, but with the help of the cycling community, we will prevail. –Mike–

I’ve been here before…

You don’t want to fly with me if you’re not into long hikes through airports. I’m on my way to DC for the annual bike summit, where this year we get to beg and plead for congress to not eliminate all bike & pedestrian funding, which means a week off the bike. Yuck. But it also means Gate 89. The last gate at the end of SFOs long United pier. My flight was originally scheduled out of Gate 73, adjacent to security. Somehow, United keeps track of me and makes sure I get my exercise at the airport.

Flying first to Newark, aboard a “real” United plane not-yet-painted with the “deathstar” logo of the recent merger with Continental. Then a puddle jumper to DC and metro ride to my hotel in Bethesda. Why Bethesda and not DC? About 150 dollar bills per night difference, that’s why! For that I can handle a 16 minute Metro ride into downtown DC. Save that money for bike stuff. :-)

Meantime watching a steady stream of passengers from first class using our bathroom in coach. Why is it a “security issue” for coach passengers to use their bathroom but they can use ours?

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Life on the road / does this bed need more pillows?

Wednesday morning I was home, that night in Nashville and now in Minneapolis before returning home late Sunday night. If I was just traveling to one place it would seem very different, just a short business trip, one of many. But something changes when you’re finished at your first stop and then, instead of coming home, you head somewhere else. Somewhere you cross an imaginary line that separates the normal trip from one that gives a taste of life on the road and a sense that a hotel is your home. A momentum builds suddenly when that next flight takes you somewhere else, not home.

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Amendment to save cycling funding fails in Congress

Amendment to save cycling funding failed. Read about it here- (in a nutshell, it’s bad, but it’s not over)

Warning: Political rant follows! But I think I can sign up people from all sides on this one.

I am saddened not just by the failure of the amendment (making sure a certain amount from the highway funding process goes to cycling infrastructure and Safe Routes to Schools) but also by the nearly-complete partisanship of the vote. Check it out. 100% of the Democrats voted for, joined by only two Republicans brave enough to go against party orders.

Don’t get me wrong; this isn’t about Republicans behaving badly. If this was an amendment for something favoring business interests being pushed by Republicans, I’m sure we would have seen nearly 100% of the Democrats lined up against it.

This needs to stop. There is no absolute right or wrong on most issues, but every single thing that comes up lately has become a litmus test of whether you’re a good Republican or good Democrat serving your party, and not whether you’re a good elected official representing your PEOPLE.

The PEOPLE are not being represented in Congress or the Senate these days. Only the polarized battleplans of the two parties. Nobody is interested in a compromise in which they come out with less than they ideally wanted. We’ve gone nuclear. Literally. But at least with nuclear weapons we understood the dangers and avoided using them, due to the believability of MAD (mutually assured destruction). Everyone loses, so don’t start. Right now, everyone is losing. The only people who might think they’re winning are those that believe that paralysis is good.  –Mike–

My most-controversial post ever yesterday

Who knew I’d create so much controversy with a post asking people to call their congressional representative and support cycling in the upcoming transportation bill? There’s definitely something to the oft-repeated advice that political stuff should be kept away from retail! I would like to believe that the things I asked for had such broad appeal that both sides, left & right, would not have much trouble. Especially since my customer base is presumably favorably predisposed to better infrastructure for cycling! And for the most part, my call to action was well-received. Lots of people sent emails thanking me not just for bringing the issue (Thursday’s vote in the House of Representatives that could potentially end all federal funding for pedestrian and cycling road improvements) to them but also for the clear instructions showing what they could do.

But I had one email from someone on the “left” who was very disappointed that I would ask people to support an amendment from someone (Representative Petri, Republican from Wisconsin) on the “right”, feeling that I was endorsing the person (Petri). The reality is that it’s extremely important this amendment did come from someone on the “right” since it gives cross-party appeal, something desperately needed right now! It’s very unfortunate that the needs of pedestrians and cyclists have become associated with Democrats and derided by Republicans, as a matter of obedience to their party chiefs. I am willing to work with anyone, but especially those traditionally, well, hostile is perhaps an appropriate word, to our needs.

And I received a very different email from someone at least initially offended that I was willing to mortgage his children’s future by spending money today that we don’t have. This was probably a reaction to the last couple of paragraphs in my piece, where I explained that investing in the future represents our belief in that future, and that it’s not an unusual thing to do (giving the examples of having kids and buying houses, neither of which are things that can generally be done using cash on hand but instead represent a commitment to pay on the installment plan). In retrospect, those last paragraphs didn’t need to be there, but in this case, it did start a dialog with the customer in which discussing politics became “real.” Instead of just digging in and saying this is the way it is (as is the norm in DC right now), he explained why he thinks the way he does, and I explained why I think the way I do, and there was actually significant common ground.

Will I walk this path again? Most likely. Even viewed strictly from a selfish business standpoint, there’s likely more to gain than lose (making assumptions that there is in fact some pre-selection of customers that tends to favor those more willing to tax themselves slightly, or give up something else, in favor of better cycling opportunities… this is a bicycle business after all!).  –Mike–