Ride of Silence

Photo from RideofSilence.org

Every year, an international ride commemorates bicycle riders who have been killed or injured while riding on public roads. The goal is to both honor the riders' lives and to help raise awareness among drivers of the dangers that motor vehicles pose to the more vulnerable users of the road.

To find where your local ride will be held, visit the Ride of Silence website.

Michael Ortiz, the brother of David Ortiz, is organizing a Ride of Silence in New York City to honor David and every other rider that has been killed or injured on public roadways.

Chuck Gilbreth's daughter-in-law, Lisa, left a comment here to thank the organizers for honoring Chuck Gilbreth's memory. She stated the following,

We would like thank the bicyclists and their families for organizing this ride for my father-in-law Chuck Gilbreth and the bicyclists who have been killed or injured. I truly hope that city of San Diego changes and make it safer. We live in a beautiful city and we should feel safe. We need to stop being in such a hurry. That driver for forever changed our lives and his. My mother-in-law lost the love of her life. My husband and brothers-in-law do not have a father. Our children will grow up with out their Grandfather and great grand  children will not get to know him or get to meet him. I pray that the Lord keeps you all safe. You are all making a difference. Thank you taking stand. We all proud of you.


Survived a car/bike collision? SDPD says you were party to a simple traffic violation

Lieutenant of Traffic Division, Rick O'Hanlon

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.


Guest Post: San Diego Epitomizes the Failure of Government to Actively Cultivate a Viable Urban Community

This post was written by Dr. Esteban del Rio who is an Associate Professor at the University of San Diego
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Making the Sunset at Dogs Beach
Making the Sunset at Dog Beach. Dr. del Rio and his daughter. Photo from Dr. del Rio.

I mostly enjoy my commute from home in La Mesa to Linda Vista, where I work as a professor at the University of San Diego.  I ride quiet neighborhood streets until Montezuma Rd, where the bike lane appears and disappears, then descend the hill carefully before taking the bike bridge over the 8 interchange, after which I'm unceremoniously spat out right into traffic as I try to hurdle speeding vehicles to make the left turn along Camino del Rio North.  I’ve learned a few tricks in trying to get over to the left, but its often rather hairy.  Then, it’s a lovely ride along the river on Camino del Rio, then through the strip malls of Mission Valley, cutting through Fashion Valley to Friars Rd., then up to campus.

Riding home is more of a gamble.  My thoughts lie mostly in imagining dinner with my family and holding my two small children in my arms when I arrive.  But the road is less inviting.  Everything’s fine until I think about climbing back up Montezuma.  I cut over to Camino del Rio South at the strangely-named “Mission City Parkway,” which is a tidy bridge over the 8.  That way, I avoid four very dangerous interchanges that face the cyclist or pedestrian going from Camino del Rio North to Montezuma.  Instead, I get only two very dangerous interchanges, while trying to make my way home from work to eat dinner with my family: Fairmount and Collwood.  It doesn’t get better at the top of the hill, when the bike lane becomes laughably narrow just as a rider goes the slowest and cars go the fastest because of some psychological burst that comes with driving up to the top of the hill (it seems to me that motorists drive more recklessly uphill than downhill).  There’s a sorry-looking chain-link fence at this point “protecting” pedestrians, and relegating cyclists into caged risk-takers.

I think about this every time I ride up Montezuma.  But I paused, a bit shaken, and took a moment last Thursday when I rode home from work, one day after Chuck Gilbreth was killed on this same stretch.  His death represents a horrible tragedy, caused by reckless driving that deserves strict prosecution.  But why else is it so dangerous to Chuck and all of us who ride or walk it?  Well, it is obvious that the infrastructure does nearly nothing to ensure cyclist or pedestrian safety.  In fact, the design is a lesson in willful neglect.  The wide lanes, and freeway-style ramps encourage speeding.  But one can find these conditions throughout the county.  We have a culture of speeding in San Diego, facilitated by these kinds of roads all over town.

More than anything, traffic calming must become an absolute priority in city and county transportation policy.  Is there a reason any surface street should have a speed limit above 35 miles per hour?  High speed limits on city streets encourage speeding, increased fuel consumption, traffic, and accidents, while discouraging people from walking, cycling, and children playing outside.   Planners have pushed civic life into hiding – children and the elderly stay inside.  Commuters stay in their cars.  Citizens become isolated, the streets more dangerous.  Perhaps this is what government officials want – a populace so disconnected from each other that we couldn’t come together to challenge official complacency and the culture of cronyism that characterizes San Diego political leadership.  Perhaps this is why people who ride bikes are so troubled by recent deaths – it’s the failure of governments not only to facilitate safe travel for non-motorized means, but it is also the failure of government to actively cultivate a viable urban community.

The beginnings of a sea change are easily within reach, with something as simple as paint, and as complex as political will, needed to alter the urban and civic landscape.  In this case, with Montezuma Road, narrow the lanes, make the speed limit 35 mph, lay a divider for much of the road for a cycletrack and wide sidewalk, put in signals at the on and off-ramps, use green-painted bike lanes when needed.  For the throngs living in La Mesa, College, City Heights, and many other neighborhoods, Montezuma is a lifeline to work in Mission Valley and many points north of the 8.  Don’t even get me started on the other options, characterized by broken routes along University Ave., El Cajon, Blvd., and Mission Gorge/Friars Rd.  All of these require the same kind of changes for San Diego to become more livable.  More livable. – this seems like such a simple goal for policy-makers.  I wish San Diego decided to become more livable before we lost Chuck Gilbreth .


Press Release: Chuck Gilbreth Memorial Ride

FOR IMMEDIATE RELEASE

San Diego, CA -  Local bicyclists are organizing a memorial & advocacy bike ride for a rider who was struck and killed on his way home from work last week.

The ride will take place Wednesday, April 25, 2012 at 4:00 pm.  The ride will begin at the fountain in Balboa Park and conclude at 202 C Street. in front of the City Administration Building.  Between 4:00-4:30pm bicyclists at Balboa park will outline bodies in sidewalk chalk and use yellow caution tape to simulate a crime scene.  Then, bicyclists will ride to the City Administration building and lay down on the ground with their bicycles to send a message to the City that continued inaction for safer roadway design is unacceptable to the bicycling community.

It appears in this particular incident, the SUV driver became impatient behind a city bus and decided to pass the bus on the right side in the bike lane.  Mr. Gilbreth was then subsequently struck by the SUV, leading to his unfortunate and untimely death.

Chuck Gilbreth represents the 14th bicycling fatality in Southern California this year and the third since April 12th.  Bicycling fatalities are now at a rate of one a month; this is unacceptable to the bicycling community.  Further, what is extremely concerning to us is the people who are dying on our city streets are not reckless or inexperienced bicyclists, they are in fact very cautious and experienced riders often being killed during their commute to or from work.

Ironically, Mr. Gilbreth’s fatality comes at the 5-year anniversary of KPBS broadcast journalist Tom Fudge’s serious crash which occurred on the same stretch of roadway.  KPBS reporter Tom Fudge was not killed but is still suffering the effects of his injuries.  (http://tfudge.com/).  Mr. Fudge’s injury five years ago highlights the city’s continued inaction and lack of care for safer roads.

###

For more information contact:

Timur Ender

919-219-4976

endert@tjsl.edu


Remembering David Ortiz and Chuck Gilbreth

David Ortiz (June 25, 1982 - March 22, 2012). via happyholodecks.com

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.

Montezuma Road with the I-8 (in blue) to the North.

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.