Progress on Texas Street Construction
Below are a few photos of Texas Street going up from Mission Valley as the street gets widened to eventually accommodate a wider bike lane.
I didn't find riding up to be as hairy as before. I suspect the presence of all the construction equipment and workers caused the drivers to slow down. How has your experience been?
Our Thoughts on the Investigation Results of Charles Gilbreth's and David Ortiz's Deaths
NBC News published a story on June 4 regarding two vehicle / cyclist collisions, both resulting in the cyclists's death. Charles Gilbreth, a 63-year old grandfather, was killed while cycling home from work in a bike lane on Collwood Avenue. According to the NBC story, investigators have recommended criminal charges against the un-named driver responsible for Mr. Gilbreth's death. As well they should have. That the motorist violated Mr. Gilbreth's right-of-way is not subject to reasonable dispute. Mr. Gilbreth was exactly where he was supposed to be and it is a crime that he was killed.
David Ortiz, 29 and married, was likewise killed on the streets of San Diego, on Balboa Avenue. Unlike Mr. Gilbreth, David Ortiz was on his way to work when he was struck by a Ford Expedition, weighing at least 5,500 lbs. NBC quoted Lt. Rick O'Hanlon, who stated "[b]oth the driver and the cyclist share responsibility for [Ortiz's death]." Investigators, however, have never provided a reasonable explanation how Mr. Ortiz, struck from behind, shares responsibility for his own death. Did the police determine Mr. Ortiz was responsible merely because he was a cyclist on Balboa Avenue, a road designed with no consideration for anything other than multi-ton vehicles, moving at close-to-freeway speeds? Did Mr. Ortiz veer into the path of the Explorer? Was the motorist blinded by the early morning sun?
The police - or our public officials - must explain to the community how they determined David was responsible for causing the collision that resulted in his death. BikeSD attempted to obtain the Ortiz police report, but its request was denied. BikeSD has reached out to Lt. O'Hanlon but, again, has not received a satisfactory explanation. This is the same Lt. O'Hanlon who previously commented to BikeSD that, "to be charged with a crime, there has to be a death.” That is apparently true for Charlie Gilbreth. But what about David Ortiz?
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Chris Taylor is an attorney and everyday cyclist, committed to a more livable San Diego.
Survived a car/bike collision? SDPD says you were party to a simple traffic violation
In light of Charles Gilbreth’s and David Ortiz’s deaths, I decided to follow up on a small handful of the car/bike collisions that I’ve written about here.
I contacted Lt. O’Hanlon for an update on the following five cases. Specifically I wanted know if criminal charges had been filed against the drivers that were responsible for the death or injury of the following individuals:
1. Justin Newman - Newman died from his injuries after being doored on University Avenue
2. Unknown name - A little 10 year old girl was severely injured when she was hit by a driver in a van as she was riding her bicycle. The little girl was riding with her father when she was struck by the van turning left into her right of way.
3. Grant Fisher – Fisher was injured when he was struck by from behind while riding his bicycle during a lunch time break. The 76 year old driver who hit Fisher claims she swerved into the bike lane where Fisher was riding to avoid getting hit by a truck coming up behind her.
4. David Ortiz - Ortiz was struck and killed when riding his bicycle to work on Balboa Avenue. The first (of three) drivers that struck Ortiz reported that she was blinded by the sun's glare and thus didn't see Ortiz when the collision occurred.
5. Charles Gilbreth - Gilbreth was hit from behind when riding home from work by an apparently impatient driver in an SUV.
O'Hanlon reported that the investigation on the Newman case has been completed and the results sent to City Attorney’s Office for misdemeanor and manslaughter charges. O’Hanlon did not know if the City Attorney had filed charges. I too have been unable to determine whether charges have been filed in the Newman case.
No charges have been filed against the driver who struck the little ten year old girl who was injured while riding with her father. No charges were filed because the little girl survived.
Since Fisher survived, no charges have been filed. The SDPD has asked the DMV to reexamine the driver’s license. Fisher, in the meantime, has filed a civil suit against the driver that is currently ongoing.
O'Hanlon reported that the Ortiz investigation was almost done. O’Hanlon stated that it would “in all likelihood will go to the City Attorney’s office”.
When asked for specific details on the Gilbreth case and details about the collision. O’Hanlon stated that speed, alcohol, road rage nor the sun’s glare (as was the reason stated in the Ortiz case) were not factors in the Gilbreth crash. He said that investigation was still ongoing as results from the medical examiner and the toxicologist could take anywhere from 6-8 weeks to wrap up. There were no witnesses in this crash as the MTS driver didn’t witness the crash.
I wasn’t familiar with the process on what happens when the SDPD hands a case over to the City Attorney’s office and O’Hanlon stated, "once the case has been submitted to the City Attorney, the City Attorney will evaluate the case based on the evidence and, based on the investigation they’re the ultimate decision makers” on what, if any, charges will be filed. “The police department has no say in that. [The City Attorney’s Office] have complete judicial discretion in that. They can’t tell us how to conduct our investigation and we can’t tell them whether or not to file charges."
O'Hanlon went on to state, “it is not the police department’s decision to file charges. Even if we make a custodial arrest (i.e. arresting someone), the City Attorney has within their latitude to dismiss the charges.”
I was shocked when I heard O’Hanlon state that no charges were filed against the drivers responsible for two cases where the bicyclists survived.
O’Hanlon responded, “to be charged with a crime, there has to be a death.” Thus, the only recourse for the party injured is to pursue the case in Civil Court for damages. In order for a case to go to the District Attorney’s office the case has to be a felony – and the criteria for a felony includes intent, malice, gross negligence or substance abuse. But in a case that is not a manslaughter, "the law is very restrictive. We don't have a misdemeanor." Intentional road rage acts have "malice and premeditation and you have assault with a deadly weapon." Absent that, "you have a vehicle code violation".
Thus at best, the most the drivers would be charged with if they didn’t willfully injure a bicycle rider was a traffic infraction, or a California Vehicle Code violation.
Remembering David Ortiz and Chuck Gilbreth
It's been an entire month since David Ortiz was struck by three different vehicles and killed on Balboa Avenue - a road that is designed to encourage speeding.
Nearly two weeks after Ortiz was killed, friends, family and strangers came together to honor Ortiz's life and ask the City of San Diego for changes to be implemented to ensure such a tragic event wouldn't happen again. Specifically, the community asked for:
1) A public apology from the police department to the victim’s family & the cycling community for jumping to conclusions and immediately blaming the cyclist before fully completing the investigation.2) A stronger commitment (from City) to safer infrastructure and roadway design.3) A stronger commitment from PD to enforce traffic laws that have an adverse impact on cyclists/pedestrians (failure to stop/yield, distracted driving, etc.)4) The City immediately become a NACTO affiliate.
Less than a month later, another rider, Chuck Gilbreth was killed. This time the collision occurred on another high speed road, Montezuma Road.
This was the same location where KPBS’ Tom Fudge, was struck five years ago. In the five years since, the City's engineers made zero improvements to reduce drivers' tendencies to treat Montezuma Road as a highway despite running parallel to an actual freeway (the I-8) located less than 4,000 feet to the north - less than a mile away.
Like Balboa Avenue, Montezuma Road serves as a critical link connecting neighborhoods and thus as a feasible route for someone riding their bicycle. But these connector routes are dangerous. To quote Stephan Vance, a senior regional planner for SANDAG,
Our city streets are dangerous because they are built to accommodate high speeds that are lethal. This creates an expectation by drivers that they should be going fast, and leads to frustration when they can't.
In the five years since Fudge was struck, the City's engineers could have reduced a travel lane on Montezuma Road and created a protected bikeway to ensure the safety and comfort for any one who wanted to traverse Montezuma on a bicycle. But instead, Montezuma Road was neglected. Fudge's experience was forgotten. And now we have another needless death on our hands.
Gilbreth worked at Hamilton Sundstrand Power System(HSPS). He was 63 years old when he was killed last Wednesday. According to one of his co-workers and close friends, Phillip Young, Gilbreth was looking forward to retirement and rode his bike to and from work most days. Young goes on to say that Gilbreth was,
a great guy that mentored many folks at HSPS. He will be greatly missed.
David Ortiz Memorial Ride draws family, friends, co-workers, and strangers together
Yesterday shortly after 4PM, everyone who was affected by the death of David Ortiz gathered at Balboa Park to ride down to the City Administration Building. The purpose was express a collective frustration regarding the dangerous streets all San Diegans are exposed to on a daily basis.
The ride was moving. Michael Ortiz, David Ortiz's brother, flew in from New York City to participate in the ride. He was very touched by the gesture and expressed gratitude for allowing him to gain some sense of closure. The SDPD sent in several officers to accompany the riders and were very supportive of the ride.
Channel 5 was on hand to document the ride and interview Michael Ortiz. (Ed. Note: story taken down by Fox News)
I heard reports that Channel 10 again misreported the facts surrounding the case by stating that Ortiz was riding against traffic when he was struck by the first Ford Expedition. I've contacted Joel Davis[ joel_davis@10news.com], Channel 10's News Director, to issue a correction.