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Streetsblog New York City: Jury Applies No Penalty to Speeding Driver For Killing Cyclist Jake McDonaugh

by Ben Fried on October 28, 2011

A Brooklyn jury has found defendant Michael Oxley not guilty of criminally negligent homicide in the 2010 death of Jake McDonaugh, the Post reports.

Oxley was speeding behind the wheel of a Dodge Caravan when he ran down cyclist McDonaugh at the intersection of Flatbush Avenue and Duryea Place last April. The investigation and prosecution were unusual for a vehicular violence case — police followed up with witnesses, and the Brooklyn District Attorney applied a felony charge. But the jury cleared Oxley of homicide as well as reckless driving, a misdemeanor. A closer look at the case is in order.

At 9:20 a.m. on the morning of April 14, Oxley was driving on Flatbush when he struck and killed McDonaugh, who was bicycling eastbound on Duryea. Oxley, 28 at the time, was observed traveling at an excessive speed, and a witness saw him run a red before killing McDonaugh, according to court documents [PDF]. He was driving with a suspended license and according to the Daily News had racked up three license suspensions for failing to pay fines for speeding and improper turns.

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This blog article featuring Bob Mionske has been reproduced here for our media archives. To access the original article, follow the link.

The New York Times: A New Breed of Lawyers Focuses on Bicyclists’ Rights

By J. DAVID GOODMAN
Published: August 19, 2011

AT the law firm Rankin & Taylor, everybody’s a cyclist.

Scott Charnas, a personal-injury lawyer, has handled many cases involving New York cyclists.
One recent day, the lawyers there parsed bike-law issues, like “dooring zones” and when is it legally acceptable to ride outside a designated lane, while downstairs, each of their bikes were expertly locked to a scaffold along Broadway in TriBeCa.

The small firm is preparing to bring a class-action suit against New York City on behalf of cyclists over summons handed out for what it contends are phantom violations — bike behavior that it says is not illegal in the city. It is another sign that New York’s bike fights are moving from the streets to the courtroom.

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Treehugger: Curing Car Vs. Cyclist Road Wars With A New Rule: "Just Don't Steal The Right-Of-Way"
by A.K. Streeter, Portland, Oregon on 08.18.11
CARS & TRANSPORTATION (bikes)

Though a world-class cycling city, Portland lacks a bike share system similar to those in other great cycling cities such as Minneapolis, Montreal, Paris, Barcelona. Though bike sharing is considered to be important to attract new cyclists onto the lanes, lack of funds has hampered planning efforts. At first, 2011 seemed to be the year the city of Portland would fund bike sharing. But then, as a vote neared, opposition arose from Commissioner Amanda Fritz, who claimed she couldn't support funding bike sharing due to...bad bicyclist behavior.

"I may support a bike sharing program downtown when I see bike riders using downtown streets and sidewalks in a safe manner. Daily, I see cyclists in the Light rail and bus lanes in front of my office. I see cyclists riding on the sidewalks, endangering and harassing pedestrians. I see cyclists running red lights and making illegal turns off the bus mall. And these are presumably experienced cyclists. I believe a bike rental program downtown would only add to these unsafe behaviors." - Amanda Fritz, via Bike Portland

Though the idea of withholding funding to a system until all users agree to strictly follow the rules is a new line of logic (imagine canceling road improvements until car drivers were caught speeding), bashing scofflaw cyclists, or course, isn't unique to Portland or Commissioner Fritz.

In fact, holding cyclists to a "different standard" is rampant, says bicycle attorney Bob Mionske, author of the book Bicycling and the Law.

"It is hypocritical, but cyclists are held to a different standard," Mionske said. "Meanwhile, 7 out of 10 motorists admit to breaking the law."

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The Chicago Tribune: Bike safety: My 6-year-old was 'doored'

By Julie Deardorff, Tribune Newspapers
July 7, 2011

Last weekend, my 6-year-old was doored — the driver of a parked car flung open the door in his path -- while riding his two-wheeler with me in a designated bike lane in downtown Evanston. My son wasn’t hurt, but the driver took no responsibility for the incident and said, “I hope you learned a lesson, young man.”

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This English-language translation of a French-language news article featuring Bob Mionske has been reproduced here for our media archives. To access the original article, follow the link.

Cyberpresse: Cyclist hit by a door: Stiffer penalties sought

Gabriel Béland
Press

The doors open car in a careless manner represent a major cause of injury among cyclists, says Velo Quebec, which requires that steps be taken to educate drivers.

Last Sunday, a cyclist was seriously injured on Van Horne Avenue when it collided with a car door opened unexpectedly. The man is 56 years since in a critical condition in hospital.

According to the organization, such accidents are a real scourge in Montreal. "Motorists do not seem to understand how it can be dangerous, told The Press Director of Vélo Québec, Suzanne Lareau. When we cycled, we know. The door is the bane of cyclists. "

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NBC New York: The Latest Salvo in the Bicycling Wars

It's well-treaded territory, and the issue of bicycling in New York City remains a hot topic. Just take a look at the NYPD ticket blitz targeting bicyclists who run red lights in Central Park.

Bicycling Magazine blogger Bob Mionske joins the fray, dissecting the arguments -- from politicians, drivers, pedestrians -- made against dedicating road space for cyclists in New York City. He asks:

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Tom Vanderbilt takes a look at the conflict between motorists and cyclists in the latest issue of Outside Magazine-- and interviews Bob Mionske for his perspective.

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Outside Magazine: Rage Against Your Machine

By Tom Vanderbilt

THE U.S. CENSUS BUREAU DEFINES AN "EXTREME COMMUTER" AS SOMEONE WHO SPENDS MORE THAN THREE HOURS GETTING TO AND FROM WORK.

This is usually understood to be by car. It's not clear, then, how the Census would categorize Joe Simonetti, a 57-year-old psychotherapist who lives with his wife in Pound Ridge, New York. His commute takes him from the northern reaches of exurban Westchester County to his office just south of Central Park.

It's about three and a half hours each way.

By bike.

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Spokes | Tipsy On Two Wheels

By J. David Goodman, The New York Times
 

ON the matter of bicycling under the influence, Michael Dolan has known both pleasure and pain.

Mr. Dolan, a 33-year-old public relations strategist, reported some happy two-wheeled encounters while drunk involving the singers David Byrne and Björk — whom he witnessed “being pedaled around and screeching like a child” — as well as a “surreal” collision with a rider on a Penny Farthing.

But he also acknowledged the danger in trying to ride after downing enough alcohol to make a single speed look like a tandem. “I know one person who was killed drunk-biking, one who broke some bones crossing the Manhattan Bridge,” Mr. Dolan said. “Everyone I ride with has at least one story of hurting themselves booze-rolling.” (Mr. Byrne, for one, wrote on his blog about having broken his ribs in a drink-fueled 2008 fall.)

Still, many cyclists have dedicated “bar bikes” — cheap beaters that can be left overnight if a return trip by taxi becomes necessary — and sometimes there are so many bikes locked up near certain watering holes that it can be hard to find a place to park.

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A biker to drivers: Let’s call a truce

STEVEN ELBOW |  Posted: Wednesday, July 28, 2010
 

It was one of those days when everything fell into place. I wheeled out of the driveway of my east-side home and picked up Winnebago Street from Fourth Street. The wind was at my back. I made the lights at Atwood, First Street and Riverside, and I was on Williamson Street. Before me was a line of lights, and with a little luck I could make them all. I was cruising at maybe 20 mph, the same as the car in front of me. Six blocks to go and the last light went from red to green, and the traffic speeded up. The car in front pulled away, and another one squeezed by, then cut me off with a right turn.
 

I skidded to a stop, staring straight down at the guy’s rear bumper as he squealed around the corner. I contemplated chasing down the jerk, but I was wheezing like an 80-year-old emphysema patient without his oxygen. So I sat there and stewed. Then it dawned on me that I could have died.

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KRNV Reno: Start of Tour de Nez bike race used to remind people of ongoing problem

Thursday June 17, 2010

Thursday was day one of the Tour de Nez bike race. Bicycle enthusiasts used it to highlight what they call an ongoing, dangerous problem. That is, that motorists and cyclists don't always share the road, 

A forum at the Nugget in Sparks Thursday came after two recent bicycle accidents in town. One of those accidents was last week. A three year old girl was riding her bike on Lewis Street when she was hit by a truck. Last month, a Tour de Nez rider was in the bike lane on McCarran Boulevard when he was hit by a car from behind. Luckily, both survived.

A bike law expert said that with more people than ever before now riding bikes, there's now more conflicts than ever. Bob Mionske is a former Olympian and now lawyer and columnist for Bicycle Magazine. He says cyclists have every right to use the road, but often don't get justice on the roadways when they're blamed for accidents even if a motorist is equally to blame.

With the Tour de Nez in town, he says it's a good time to remind motorists and cyclists a simple lesson that can save lives -- slow down and pay attention.

"It's a societal thing, we're all in a hurry, we make too many apointments, we rush to get there, when you do that you make mistakes,” said Bob Mionske. “When you make a mistake against a car, maybe it's only a fender bender but when you do it against a bicyclist or pedestrian, you take their life; we need to put more importance on how we drive," he said.

A Reno PD Sargeant also spoke. Police have received a grant to target and ticket cyclists and pedestrians who disobey traffic laws, as well as cite motorists who do not share the road.