Kissena Forum Archive

Close Encounters of the #%&*@! Kind (Legal too)

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Subject: NYPD: Ticket Deadly Drivers, not Bikes

Hi,

As pedestrian fatalities continue to rise, the New York Police Department has focused on ticketing more bicyclists, even while deadly drivers continue to speed and threaten the lives of pedestrians and everyone else on the road. Until New York reduces its car-on-pedestrian fatalities by at least half, the police should stop ticketing New Yorkers who are using one of the safest and cleanest transportation options around.

If we can get enough signatures, I'd like to do some kind of bike-powered delivery to City Hall together -- so please share!

That's why I signed a petition to Mayor Michael Bloomberg, Police Cheif Ray Kelly, and Public Advocate Bill de Blasio, which says:

"The NYPD must focus on reducing deadly traffic accidents, not ticketing bicyclists. Reduce car-on-pedestrian fatalities by at least half before stepping up ticketing of bicyclists."

Will you sign this petition? Click here:

http://signon.org/sign/nypd-ticket-deadly-drivers?source=s.em.cp&r_by=7236047

Thanks!
Wow.

http://www.bikeradar.com/commuting/news/article/london-mayor-launches-crossrail-for-bikes-36666/
Just read this thread and I'm looking for some advice...

Yesterday I was involved in a hit-and-run with a truck on 35th Street right before 30th Ave in Astoria.  I was in a bike lane approaching stopped traffic when a truck passed me and pulled half-way into the bike lane.  I passed slowly (as he was stopped) and made eye contact through the passenger side window.  As I began to pass him he lurched the truck further into the bike lane, hitting me with the front passenger quarter-panel.  I stopped, looked back at him and gave him my most polite "What the fuck?".  I moved forward again to get out of the way of the truck and into the clear bike lane ahead, at which point he caught me with the front of the truck.  I grabbed onto the hood and started shouting, my bike was pulled under the truck from between my legs.  I stayed upright while he pushed me a good 20 feet, at which point he stopped and I ran away from the truck to the other side of the street.  The truck sped off.

One of the four witnesses was able to get a picture of the truck's plates.  Another called 911.  The police arrived 25 minutes later and took statements.

I am physically okay, but really shaken.  My bike is totalled.  I've never had an experience like this before.

Tl;dr - Got hit, driver ran off, pics of plates, totalled bike, police took statements

Anyone else ever experienced something like this?  What the hell do I do?
@ John

That sounds completely horrible.  Call Lucarelli & Castaldi the law firm that sponsors our park races.  They specialize in this stuff and the law is on your side here.  You need to do it quickly though - I can't quite remember what the window is for you to file but it is measured in days.

Both of them are diehard cyclists (often pinning on numbers for our park races) and the're great guys to talk to.


Very sorry to hear about this, John, and I'm glad you're okay.
Do take Jules' advice and call L&C tomorrow to find out what specific legal actions you can take.
  Unfortunately, we have lawyers and police and police reports because these things happen a lot.  Some are accidents and some aren't.  And a lot of us have had run-ins with cars at one point or another, myself included.  I would feel totally shaken by this, especially since the truck sped off and the driver is still out there.  Anything you can do to follow up on this is a step you can take towards helping the roads be safer for all of us, even if it means the driver gets a ticket - hopefully it means their insurance buys you a new bike.  
This is just bad news all around.  It could have been a lot worse, so I'm glad you're ok.   
Keep us posted.
that does sound bad. it's a really good thing you have pictures of the plates though and witnesses that can give an account of the event-
Wow that's really rough

it sounds 100% deliberate and it sounds like the guy wouldn't have been concerned a bit if he hurt you. Glad to hear you're mostly ok at least in body.

Good luck with pursuing him both criminally and civilly. Go after his employer too...the deeper pockets.

Having all the witnesses really does bode well for you in terms of seeing some justice and the driver receiving some kind of penalty for their actions
Yeah, I called L&C a few months ago when I got doored, and Phil Castaldi has been fantastic.  The fact you have witnesses and a license plate is awesome.  Go for the jugular on these people (and the employers as Rick pointed out).

Glad you're ok!  Although it's disturbing it took the cops 25 minutes to get to a scene where someone was assaulted with a moving vehicle and could've been killed....

John - so sorry to hear about your experience, and glad you're mostly OK.  This person is a potential 3rd-degree murderer; it's drivers like this that are responsible for deaths like the Hasidic couple recently.  Like Owens said, go for the jugular - not just for your own sake, but for the safety of other cyclists and pedestrians in the city.

Just confirms my prejudice that Queens is the most bike-hostile borough.
perhaps relate the specifics to Streetsblog?  They have a column called The Weekly Carnage.

http://www.streetsblog.org/about-the-weekly-carnage/

Also get into to TA, they like to tally these things as well.  Maybe there's a way to get the Daily News or another tabloid interested.
If we're talking press, I'd also add "The Gothamist". 
http://gothamist.com/

Please keep us updated on this.

I want to hear some justice at the end of this shitty story!
John - sorry to hear about this, and glad to hear that you emerged mostly unscathed.  

And agree with everyone that this is something worth pursuing.  

Do you have a picture of your mangled bike?   

A picture is, as they say, worth 1,000 words.  In addition to telling your story, I'm sure any of the aforementioned online outlets would be keen to show the bike - as pretty compelling evidence of what could  (but, thankfully, did not) have happened to you as well.    
 
Keep us posted - and see you on the road.



i know this is not the solution, but reading john's story makes me want us to go vigilante and hunt these people down.  i am not entirely sure what we'd do when we found them -- roadies aren't exactly the most imposing bunch (save for malcomson... i wouldn't fight malcomson) -- but i am pretty sure that between us we could rustle up some kind of carbon-based, laterally-stiff-yet-vertically-compliant weapon that at the very least would scare the offending dickheads such that they don't offend again.

yours,

rambo

@Mark Clifford,

I have a feeling like that would be nice, but far more effective is an aggressive prosecution for attempted vehicular manslaughter by tenacious DA.  

Oh wait, that only happens in this city if there is media attention, and a case that is handed to him on a silver platter. So get it in front of Gothamist, NYTimes, Streetsblog, and hopefully this can be milked for several news cycles by those outlets. This can be like the trial in Los Angelse of the Dr. who while driving slammed on his brakes to cause a cyclist slam into his car and to go through the rear window. The driver lost his medical license, because he had shown reckless disregard for human life (kind of a no no for doctors apparently).

Hopefully this isn't like that hit-and-run from CO, where the DA refused to press charges on the driver because it would impact the driver's ability to make a living, even though the cyclist was incapacitated and unable to work. I wonder what happened to the civil trial on that? If I remember the driver was a financial advisor that required clients to have at least $5M in assets, so it would take a lot of money to make him actually hurt (and hopefully a jury would be inclined to make him hurt).
@Rambo. Get a helmet cam. One way of thinking is that it provides documentation for these sorts of interaction. The other is that it prevents them all together by causing the perp to think twice - or maybe just think, period.
Thanks for the info and suggestions guys!  I've reached out to L&C and they're giving me advice on how to pursue this from a civil angle.  (I wasn't physically injured, so beyond suing the driver or the company, there aren't many options.)  I was told that it is very likely that the driver has already been arrested if the company gave up his name.  I hope he gets taken off the road for good, but I know ours is rarely a just world.

I intend to reach out to Gothamist, TA and Weekly Carnage when I get home tonight from picking up the report at the precinct.

The pessimistic pragmatic in me says that the most I'll likely ever see is a check from the driver's insurance company though.
Sorry, John.  That's crazy.  I'm glad you're physically okay.

Don't be too pessimistic about a check from the insurance company.  I got money that way once.  And my accident wasn't half as bad; it just cracked my rims and a shredded jersey.  I had to have an adjuster come out and examine my bike.  But the key was having witnesses, which you do have.  I think it took me about a month to get a check from the car's insurance.  Just keep calling them and asking if they need more information.  If you filed a police report with witnesses, it's not in their (non-financial) interest to reject the claim.  Be sure to itemize EVERYTHING that the lunatic destroyed (helmet scratched? likely that the foam is not usable; you need a $60 new helmet; cleats on the shoes not going to work anymore? $40) and add it into your claim amount.

Best of luck.  Sorry to hear about it.
 
$60 new helmet?  NAAHH BRO - S-WORKS PREVAIL.
If you've got a slightly scratched S-Works Prevail you can loan John to show to the insurance adjuster I would recommend being honest about what the retail price of what was damaged, and maybe fudge towards a newer model year so the depreciation is lower.
I was doored once and got a nice check. Photograph everything and price it out individually. Wheels, tires, dented / scratched parts etc.

ok my phone froze with my original posting. 

The dude's insurance told me "this is the best claim I've ever seen laid out. Are you sure you don't need a new helmet or anything else?" Seriously? 

So yeah, my experience was pretty simple with the insurance companies. 
"Just confirms my prejudice that Queens is the most bike-hostile borough."

Tito - :( I think Staten or the Bronx would be up for that title (probably Staten imho) - I have had the worst experiences there. Plenty of good vibes in my home borough, though reading this write up and reading the story from Flushing Meadow park the other day makes me think otherwise.

John - definitely get all of the stuff you need to replace itemized.
Most shops will help you create the itemized bill if you ask(and will think of the fine details you may not immediately think of like new rim strips, new cleats, etc) All of those "little" things can add up real fast.
it hit Gothamist.

http://gothamist.com/2013/03/19/driver_hits_cyclist_in_bike_lane_an.php
Gothamist is on it!

http://gothamist.com/2013/03/19/driver_hits_cyclist_in_bike_lane_an.php
wow, based on that photo, the only things that looks like they survived are the seatpost and maybe that reflector. The bike looks like a total write-off, were you able to salvage any parts?
Wow.  Holy Wow.
Well, the van appears to be owned by a company called Pat Semanta Plumbing Heating & Cooling. How hard could it be to find out who works there?

Do the police have a physical description of the perp?
I told the police what I could, but it could describe nearly every single shlubby mid-forties to early-sixties white guy driving a van in the tri-state area.  I looked him in the eyes, but it was dark in the van and I had my riding glasses on.  Not confident enough to pick him out of a lineup, I was able to see his head (with hat) and shoulders, no more of his body.

I guess I should have tried to climb further up the hood.  Actually I would have gotten further up if his wiper hadn't given out and ripped off.
My bet is the owner knows who was driving the van, and probably doesn't want to give up his guy.
I'm glad The Gothamist picked up your story. Police have generally been a huge disappointment when I've had to deal with them. More often then not, they are jaded and apathetic, or at best sympathetic and lazy. And I'm guessing the new attention to cyclist injuries/fatalities will do little to change that culture. I believe that if the police cared, they'd find the guy. And now that they inadvertently gave advice to the owner on how to protect his employee via the article, I think he won't give up the guy.This is where a good lawyer comes in handy. The lawyer quoted in the article - Steven Vaccaro - is one of the guys helping me in my ongoing case to receive a little justice from a driver who performed an illegal u-turn in front of me years ago, without car insurance. I'll skip the details, but let's just say that you should be glad that your guy had car insurance.