Nov 4, 2009
By Natalie Everett – Staff Writer
The bicyclist who was struck by a driver while riding through a crosswalk near Community Park died from his injuries.
About 5 p.m. Oct. 23, Rory Tomasello, 22, was riding his bicycle north through the midblock crosswalk on West Edmundson Avenue, west of Monterey Road. Tomasello made it across the eastbound traffic lanes and a vehicle in the left westbound lane stopped for him. He then collided with the front driver’s side fender of a westbound Cadillac SUV driven by a 66-year-old woman traveling in the right westbound lane. He was not wearing a helmet, witnesses said.
Tomasello was disoriented when police and ambulances arrived. Once he was in the ambulance, he passed out and did not regain consciousness again, his mother Kathee Tomasello said.
“A few times his eyes opened, but he never really looked at us,” she said.
Tomasello suffered a fractured skull and brain swelling. He was declared braindead Monday. His organs will be donated, as per his wishes, Kathee Tomasello said.
Morgan Hill Police Chief Bruce Cumming said police are still investigating the accident. No one was ticketed at the scene, for both ethical and common sense reasons, he said.
For one, it’s not clear who was more at fault. Because Rory was riding through the crosswalk instead of walking the bike across, as is local law, it’s not clear whether Rory should be considered a pedestrian, Cumming said. If he were, he had laws protecting him.