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bicyclist gets felony manslaughter for plowing through red lights, pedestrian

Started by agentsteel53, July 24, 2013, 01:05:03 PM

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agentsteel53

http://www.slate.com/blogs/the_slatest/2013/07/24/sf_cyclist_felony_manslaughter_chris_bucchere_believed_to_be_first_ever.html

good riddance.

QuoteAround 8 a.m. I was descending Divisadero Street southbound and about to cross Market Street. The light turned yellow as I was approaching the intersection, but I was already way too committed to stop.

in other words, you were going too fast.

hopefully this sends a message to San Francisco's bicyclists, who in my observation are the most dickish, out of the bicyclists in any city, in their disregard for traffic control devices.  I've had maybe 5 incidents in my life of "holy shit, I have right of way but this bicyclist ain't stopping - I have to perform an abrupt maneuver to avoid a crash".  three of them were in San Francisco.  (two within about five minutes of each other!)
live from sunny San Diego.

http://shields.aaroads.com

jake@aaroads.com


realjd

Cyclists have a right to use the roads. They also have a legal obligation to follow traffic laws. That includes not intentionally plowing through a group of pedestrians. If a car driver made statements like that it wouldn't have been a manslaughter charge, it would be murder.

cpzilliacus

Quote from: agentsteel53 on July 24, 2013, 01:05:03 PM
hopefully this sends a message to San Francisco's bicyclists, who in my observation are the most dickish, out of the bicyclists in any city, in their disregard for traffic control devices.  I've had maybe 5 incidents in my life of "holy shit, I have right of way but this bicyclist ain't stopping - I have to perform an abrupt maneuver to avoid a crash".  three of them were in San Francisco.  (two within about five minutes of each other!)

Come to Washington, D.C. sometime.  Many of the  bike riders around downtown D.C. are crazy  and reckless.

The D.C. municipal police force almost never enforces traffic laws against anyone, except maybe a few motorists, and definitely not bike riders.

The  only police that make an effort to get bike riders to behave on D.C. streets are the U.S. Park Police and the U.S. Capitol Police. 
Opinions expressed here on AAROADS are strictly personal and mine alone, and do not reflect policies or positions of MWCOG, NCRTPB or their member federal, state, county and municipal governments or any other agency.

myosh_tino

While I am glad that guy was convicted of a felony, I was a little disappointed that he didn't get any jail time but got community service instead.  I think 90 days in the pokie and community service would have been an appropriate punishment for running over and killing a pedestrian.
Quote from: golden eagle
If I owned a dam and decided to donate it to charity, would I be giving a dam? I'm sure that might be a first because no one really gives a dam.

Doctor Whom

Quote from: cpzilliacus on July 24, 2013, 01:36:37 PMCome to Washington, D.C. sometime.  Many of the  bike riders around downtown D.C. are crazy  and reckless.
Both downtown and in the suburbs.  I can't remember the last time I saw a bicyclist (apart from myself and my partner) stop for a stop sign, even when a sign right before the stop sign says that bicyclists must obey the stop sign.

cpzilliacus

Quote from: Doctor Whom on July 24, 2013, 01:43:39 PM
Quote from: cpzilliacus on July 24, 2013, 01:36:37 PMCome to Washington, D.C. sometime.  Many of the  bike riders around downtown D.C. are crazy  and reckless.
Both downtown and in the suburbs.  I can't remember the last time I saw a bicyclist (apart from myself and my partner) stop for a stop sign, even when a sign right before the stop sign says that bicyclists must obey the stop sign.

I have seen county and municipal police outside of D.C. (several agencies) stop and cite bike riders for blatantly busting STOP signs. 
Opinions expressed here on AAROADS are strictly personal and mine alone, and do not reflect policies or positions of MWCOG, NCRTPB or their member federal, state, county and municipal governments or any other agency.

NE2

I'm confused. He entered the intersection on a yellow, and the peds started walking before checking if traffic had cleared?
pre-1945 Florida route log

I accept and respect your identity as long as it's not dumb shit like "identifying as a vaccinated attack helicopter".

roadman

Quote from: NE2 on July 24, 2013, 02:45:41 PM
I'm confused. He entered the intersection on a yellow, and the peds started walking before checking if traffic had cleared?

He claims he entered on a yellow, which doesn't seem to be supported by the witnesses.  However, what most likely did him in was his statement "way to committed to stop".  I see this quite often from cyclists who post on blogs in the Boston area - "justfying" their actions with statements like this to cover up the fact they can't (or don't want to) properly control their vehicles on public streets.
"And ninety-five is the route you were on.  It was not the speed limit sign."  - Jim Croce (from Speedball Tucker)

"My life has been a tapestry
Of years of roads and highway signs" (with apologies to Carole King and Tom Rush)

NE2

Sounds like the argument that red light cameras cause rear-end crashes.
(Yes, he should have stopped on the yellow. But if someone behind him was following too closely, he could have been rear-ended.)
pre-1945 Florida route log

I accept and respect your identity as long as it's not dumb shit like "identifying as a vaccinated attack helicopter".

Brandon

Quote from: roadman on July 24, 2013, 02:52:28 PM
Quote from: NE2 on July 24, 2013, 02:45:41 PM
I'm confused. He entered the intersection on a yellow, and the peds started walking before checking if traffic had cleared?

He claims he entered on a yellow, which doesn't seem to be supported by the witnesses.  However, what most likely did him in was his statement "way to committed to stop".  I see this quite often from cyclists who post on blogs in the Boston area - "justfying" their actions with statements like this to cover up the fact they can't (or don't want to) properly control their vehicles on public streets.

In addition, from what I read in the paper, the bicyclist also blew through another three or four red lights before striking the pedestrian.

I say he should get the same punishment a motorist would for killing a pedestrian.
"If you think this has a happy ending, you haven't been paying attention." - Ramsay Bolton, "Game of Thrones"

"Symbolic of his struggle against reality." - Reg, "Monty Python's Life of Brian"

kphoger

Quote from: NE2 on July 24, 2013, 02:45:41 PM
I'm confused. He entered the intersection on a yellow, and the peds started walking before checking if traffic had cleared?

Because pedestrians don't have to look for cyclists before crossing–only for cars.  I mean, do you look for bloody tufts of ferret fur blowing in the wind before walking against a red light?  Well, then, why should you be expected to look for cyclists?
[/really weird sarcasm]
Keep right except to pass.  Yes.  You.
Visit scenic Orleans County, NY!
Male pronouns, please.

Quote from: Philip K. DickIf you can control the meaning of words, you can control the people who must use them.

SteveG1988

I bike to work, i cross with the lights in my little town, i understand that sometimes you're going too fast to stop, i've had it happen on some side streets when going down hill with wet brakes on my bike, but i still do my best to bleed off speed before anything can happen.

Felony kinda screws over the guy in the long run, even if he didn't get anything beyond community service, he cannot vote nor can he legally own a weapon now. Now he will be known as a convicted felon
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NE2

Quote from: SteveG1988 on July 24, 2013, 05:40:55 PM
Felony kinda screws over the guy in the long run, even if he didn't get anything beyond community service, he cannot vote nor can he legally own a weapon now. Now he will be known as a convicted felon
On the other hand, the pedestrian can go to heaven and strum a harp and shit.
pre-1945 Florida route log

I accept and respect your identity as long as it's not dumb shit like "identifying as a vaccinated attack helicopter".

realjd

Quote from: SteveG1988 on July 24, 2013, 05:40:55 PM
I bike to work, i cross with the lights in my little town, i understand that sometimes you're going too fast to stop, i've had it happen on some side streets when going down hill with wet brakes on my bike, but i still do my best to bleed off speed before anything can happen.

Felony kinda screws over the guy in the long run, even if he didn't get anything beyond community service, he cannot vote nor can he legally own a weapon now. Now he will be known as a convicted felon

He intentionally plowed through a bunch of pedestrians and killed a guy. Your sympathy is misplaced.

kphoger

Quote from: SteveG1988 on July 24, 2013, 05:40:55 PM
he cannot vote nor can he legally own a weapon now.

So he'll be forced to be like every other American.  :coffee:
Keep right except to pass.  Yes.  You.
Visit scenic Orleans County, NY!
Male pronouns, please.

Quote from: Philip K. DickIf you can control the meaning of words, you can control the people who must use them.

agentsteel53

Quote from: SteveG1988 on July 24, 2013, 05:40:55 PM
I bike to work, i cross with the lights in my little town, i understand that sometimes you're going too fast to stop, i've had it happen on some side streets when going down hill with wet brakes on my bike, but i still do my best to bleed off speed before anything can happen.


you're saying you knowingly and willfully ride around with inadequate brakes?
live from sunny San Diego.

http://shields.aaroads.com

jake@aaroads.com

kphoger

Quote from: agentsteel53 on July 24, 2013, 07:56:42 PM
Quote from: SteveG1988 on July 24, 2013, 05:40:55 PM
I bike to work, i cross with the lights in my little town, i understand that sometimes you're going too fast to stop, i've had it happen on some side streets when going down hill with wet brakes on my bike, but i still do my best to bleed off speed before anything can happen.


you're saying you knowingly and willfully ride around with inadequate brakes?


You're saying your bicycle's brakes work just as well wet on a steep downhill as they do dry on level terrain?
Keep right except to pass.  Yes.  You.
Visit scenic Orleans County, NY!
Male pronouns, please.

Quote from: Philip K. DickIf you can control the meaning of words, you can control the people who must use them.

briantroutman

Quote from: kphoger on July 24, 2013, 08:30:58 PM
Quote from: agentsteel53 on July 24, 2013, 07:56:42 PM
Quote from: SteveG1988 on July 24, 2013, 05:40:55 PM
I bike to work, i cross with the lights in my little town, i understand that sometimes you're going too fast to stop, i've had it happen on some side streets when going down hill with wet brakes on my bike, but i still do my best to bleed off speed before anything can happen.


you're saying you knowingly and willfully ride around with inadequate brakes?


You're saying your bicycle's brakes work just as well wet on a steep downhill as they do dry on level terrain?

30 mph may not be that fast in absolute terms, but if it exceeds your ability to control your vehicle (in this case a bicycle), it's too fast for conditions. If most bicyclists drove their automobiles the same way they rode their bikes, they'd be doing 120 all the time.

I almost wish we had stocks in Union Square–I'd go a block out of my way walking to work so I could hurl some Sierra Blanca gold on this gem of a cyclist.

citrus

Quote from: agentsteel53 on July 24, 2013, 01:05:03 PM
http://www.slate.com/blogs/the_slatest/2013/07/24/sf_cyclist_felony_manslaughter_chris_bucchere_believed_to_be_first_ever.html

good riddance.

QuoteAround 8 a.m. I was descending Divisadero Street southbound and about to cross Market Street. The light turned yellow as I was approaching the intersection, but I was already way too committed to stop.

in other words, you were going too fast.

hopefully this sends a message to San Francisco's bicyclists, who in my observation are the most dickish, out of the bicyclists in any city, in their disregard for traffic control devices.  I've had maybe 5 incidents in my life of "holy shit, I have right of way but this bicyclist ain't stopping - I have to perform an abrupt maneuver to avoid a crash".  three of them were in San Francisco.  (two within about five minutes of each other!)

There's a hell of a downhill leading into an extremely busy intersection (that always has lots of pedestrian traffic). The cyclist definitely needs to take responsibility for his actions here - there's no doubt in my mind that he was going way too fast down that hill, likely even faster that cars in that spot.

In SF, in general it's accepted that cyclists are going to enrage motorists and pedestrians from time to time. And vice versa. If everyone who lives there gets worked up about minor incidents, we won't have time for anything else! (This major incident is unacceptable, though.) As a pedestrian and motorist, I have to take evasive action for others' dumb shit all the time, and no single mode of transportation seems to stick out to me as more problematic.

Doctor Whom

Quote from: cpzilliacus on July 24, 2013, 02:41:32 PMI have seen county and municipal police outside of D.C. (several agencies) stop and cite bike riders for blatantly busting STOP signs.
I wish I had seen that in Alexandria even once when I lived there.

agentsteel53

Quote from: kphoger on July 24, 2013, 08:30:58 PM

You're saying your bicycle's brakes work just as well wet on a steep downhill as they do dry on level terrain?

no.  which is why I'm not gonna be bombing down the hill at reckless speeds.
live from sunny San Diego.

http://shields.aaroads.com

jake@aaroads.com

Duke87

Quote from: kphoger on July 24, 2013, 05:31:40 PM
Because pedestrians don't have to look for cyclists before crossing–only for cars.  I mean, do you look for bloody tufts of ferret fur blowing in the wind before walking against a red light?  Well, then, why should you be expected to look for cyclists?
[/really weird sarcasm]

Point is, we are trained as children to look for cars when we cross the street. When a bicycle comes barreling along it defies our expectations no matter how many times we see it because it wasn't something we dealt with in our formative years.
I know I, for instance, have to make a conscious effort to look both ways before crossing a bike lane since instinctively I 1) don't expect a fast moving vehicle in a space too small for a car to fit in, and 2) expect that a fast moving vehicle will make a lot of noise and that I will hear it coming without looking. Bicycles are mostly silent and can fit into some small spaces at decently high speed. Combine this with the fact that people aren't trained to expect them and cyclists can be goddamn ninjas.

I had a close encounter with a ninja cyclist recently where I was crossing a street and the car traffic was stopped due to congestion. I didn't have the walk signal but since traffic wasn't moving I, like any New Yorker would, started walking across the street, figuring that I'd be plainly visible and any stopped cars would stay stopped until I was out of their way. Well, next thing I know all of a sudden out of nowhere a guy on a bike blows by six inches in front of me, barreling along in the space between stopped traffic and parked cars. Goddamn ninja!

Now, legally the cyclist had the right of way. But it is well understood in the unwritten New York City traffic code that pedestrians are entitled to the crosswalk regardless of what the traffic signal says if there are no cars coming or if traffic is not moving. This means if car traffic is stopped then any cyclist should be prepared to stop as well.
Of course, the unwritten New York City traffic code also says that the right of way belongs to whomever most aggressively asserts their claim to it, so I'd be at fault by that rule. :P
If you always take the same road, you will never see anything new.

sdmichael

Quote from: Brandon on July 24, 2013, 03:28:46 PM
I say he should get the same punishment a motorist would for killing a pedestrian.

Sadly, that "punishment" is usually nonexistent. Too many cyclists get killed by automobile drivers with next to no penalties, barely a ticket is even issued most of the time, locally anyway. I'm glad to see this cyclist is getting punished for what he did, but considering the numbers - why no major backlash against the thousands that kill every year with autos through negligence on the drivers part?

briantroutman

Quote from: sdmichael on July 24, 2013, 10:04:26 PM
Quote from: Brandon on July 24, 2013, 03:28:46 PM
I say he should get the same punishment a motorist would for killing a pedestrian.

Sadly, that "punishment" is usually nonexistent. Too many cyclists get killed by automobile drivers with next to no penalties, barely a ticket is even issued most of the time, locally anyway. I'm glad to see this cyclist is getting punished for what he did, but considering the numbers - why no major backlash against the thousands that kill every year with autos through negligence on the drivers part?

I don't think you're right on any level.

The total number of bicycle fatalities for entirety of 2011 (the most recent year we have stats for) is 677, so it would be mathematically impossible for thousands to be killed every year.

(Taken from R.C. Moeur - http://bit.ly/14K0ChR) The vast majority of bicycle crashes–69%–do not involve a motor vehicle at all. Of the remaining 31% that do, it's nearly a wash between "cyclist's fault" (11%), "motorist's fault" (14%), and "other circumstances" (6%). I was also startled to see NHTSA data indicating that over a third of bicycle fatalities involved the cyclist being under the influence of alcohol, with most of those being over the legal limit (http://1.usa.gov/1bPhir1).

I'm a cyclist myself–one of the few that obeys traffic laws. And I think we'll all agree that even one cyclist being injured or killed by a careless motorist is one too many, but I also think the reality is a far cry from innocent motorists being ground under the wheels of evil automobiles.

As to motorists at fault for cyclist deaths "barely getting a ticket", do you have any stats to back that up? Let's ask some defense attorneys; I doubt they'll agree.

Brian556

In Dallas, on the Katy Trail, a female jogger was killed when she made a sudden U-turn in front of a cyclist. I don't think the cyclist faced any charges (nor should he have)

I'm wondering what the frequency of bike vs pedestrian accidents is on these trails. My experience is that pedestrians are completely unaware of approaching cyclists until you ring a bell. They act like they have the road to themselves. The most foolish thing they do is walk in pitch dark with no lights. Bicycle headlights only shine so far, and not around curves. When cycling, I've kinda come close to hitting pedestrians on several occasions at night due to their lack of lights.



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