No justice for this family

The wheels of justice turn excruciatingly slow, and in the end there is no justice; at least not for Gregory and Alexandra Bruehler.

The young married couple were both killed while riding a tandem on Texas Route. 16 on October 1^st, 2009; they were run down from behind by Gilbert John Sullaway driving his F150 Pickup Truck.

The picture above shows the damage caused by the impact, and also shows the width of the shoulder the cyclists were on. I wrote about this case almost three years ago when it happened; I was outraged because at the time the local Bexar County Sherriff’s Office were not planning to prosecute the driver, because they ruled it an accident.

Local cyclists from the San Antonio area were also outraged; they showed up in their hundreds for a memorial service. It was probably due to this cry for justice from area cyclists that the driver was eventually charged with Criminally Negligent Homicide and was brought to trial.

There were witnesses to testify that Sullaway was speeding and wandering onto the shoulder prior to the impact; there were expert witnesses on both sides. But in the end the only argument the defense lawyers had to present to the jury was this:

“Have you ever drifted? Have you ever looked off the roadway? That's what people do. It doesn't mean they're criminals when they do it.”

It took the jury just two hours to find Sullaway not guilty and he walked away with no consequences for his actions; no jail time, not even probation or a suspension of his license. Shame on that jury.

Here is a young couple (Left.) struck dead in the prime of their life.

They leave behind a daughter, age 7 at the time of her parent’s death, now 10, and their death did not have to happen.

They were there to be seen, riding on a wide shoulder; all this driver needed to do was look where he was going and steer his vehicle within his lane.

Failure to do that is Criminal Negligence, how else would you describe it?

If I fire a gun in the air to celebrate New Year’s or just to make noise; I might not intend to harm anyone, but if the bullet falls to earth and kills someone, it is criminal negligence pure and simple.

The sad thing is these jurors represent the man or woman in the street, the regular drivers cyclists encounter every day. They don’t look at the dead couple, they look at the driver and say, “That could have been me; I drive all the time and don’t pay attention.”

This case is not about vengeance, it is about holding people responsible for their actions. Making people aware that they are in control of a machine that has the potential to kill other people.

Slow down and pay attention. Really…. Is that too much to ask?

                       

Shared Path Etiquette

An 80 year old woman, who was knocked down by a cyclist on a shared walk and bike trail in Arlington has died from head injuries. Incidents like these make me both sad and angry, because it could have been avoided if the cyclist had just slowed down.

Here is a lady who had lived to be a great age only to have her life ended abruptly, and unnecessarily; and the cyclist himself 62 years old now has to live with the fact that he killed someone.

I ride on a shared bike path during the week, weekends I ride on the road. I accept that it is a “Shared” path; people riding bikes, or walking with or without dogs, and others running, all have an equal right to be there. If I cannot accept that; I should not be on the path.  

I regularly see a twenty-something girl, probably a triathlete as she is always down on her aero bars riding very fast. She will sometimes pass me without any warning, and I gave up waving to her long ago as my acknowledgement of a fellow cyclist is always met with a blank stare.

I was talking to a neighbor of mine who regularly walks her dog on the trail, she told me this same girl shouted abuse at her for being on the wrong side of the path. It is this attitude of superiority by some cyclists that annoys the hell out of me.

People walk on either side of the path; they sometimes walk in groups taking up the whole path. They often wear ear buds or head phones and can’t hear my warning. They let their dogs run loose when by-laws state they should be on a leash.

It would be annoying if I allowed it to be, but this is the nature of shared path.

Cyclists on the road would not be annoying to motorists if they would just accept the fact that they have a right to be there and just deal with it. 

If I hit someone and fall I could injure myself; it is in my own interest to ride with caution around other pedestrians and cyclists alike. The onus is on me as the faster trail user to watch out for more vulnerable persons on the trail.

Is this not the exact argument we have on the public roads? The ones driving automobiles are the ones with the potential to kill or injure others; therefore the responsibility for our safety is largely up to them. How is it when the position is reversed and cyclists are the fastest, the rules change?

I always ease off the pedaling as I approach someone else on the trail. If there are dogs or children I will coast and be prepared to stop. I call out a warning, “On your left,” or “On your right,” depending which side they are on.

If there is more than one person and they are not clearly on one side or the other, I will shout, “Coming through,” and let them decide which way they want to go. Sometimes to shout on your “Left” or “Right” confuses people. I always say “Thank you” as I pass.

Most people riding bikes on shared trails are doing so for one reason; exercise. It is not a race with prizes for the fastest time. Actually by slowing down and speeding up again, I am actually increasing my rate of aerobic exercise.

If you ride on a shared walk/bike path, expect other people; deal with it. If you can’t, stay off shared paths, ride on the road and deal with motorized traffic.

Just because as a cyclist I am faster than most other trail users does not mean everyone else should watch out for me. It is the other way round; I have the potential to seriously injure someone, or even kill them. It is my responsibility to ride with caution for my own safety and that of others.

In the case of this unfortunate Arlington woman, one could argue that the cyclist was not at fault because he called out a warning and rang his bell, and then the woman stepped in front of him. How would any of us feel if a motorist said, “I didn’t slow down, but I sounded my horn and the cyclist turned in front of me.”

We all know that sounding a car horn can startle a cyclist and cause him to swerve. It appears that this elderly lady may have been startled and somewhat confused, as she turned around and stepped to the left. The cyclist has to be at least partially held responsible because he should have slowed to a speed where he could have stopped.

                       

Fork failure and recalls

Gary Lanoue (Left.) from Rehoboth, MA died on Monday when, it appears, his carbon front fork failed.

He was found in the road by a police officer on his way to work.

Gary was wearing a helmet but suffered a severe head injury; apparently no other vehicle was involved.

Gary was riding his Cervelo Soloist bike, one that was subject to a recall in August 2008 because the True Temper Wolf SL fork had been known to fail. I can only assume that Gary did not know of this defect, because who would ride a bike with a suspect front fork when a company is offering to replace it for free?

But then again, I had not heard of this recall either until now, which is why I am writing this to get the information out to a few more people. No one had been killed previously from these fork failures, and it is sad that someone had to die in order for this problem to surface again and a few more cyclists (Including me.) are made aware of it.

Cervelo is a reputable company, the problem didn’t show up in the normal required testing; only later did these forks start to fail, and when this happened the company immediately made the recall announcement.

Unfortunately this was after some 5,800 of these bikes with the Wolf SL fork, were sold. That is a scary thought, how many more people are riding these bikes, oblivious to the fact that their steering tube could break at any time.

I don’t know what other brands of bikes used the True Temper Wolf SL fork, but if you have a bike that pre-dates 2008 it might be prudent to check.

When the major Auto Companies issue a recall it makes National TV, newspapers, and other media outlets; everyone hears about it.  A bike recall on the other hand, is announced on a company’s website and maybe makes it to a few bicycle trade magazines.

All Cervelo dealers would have been aware of the recall, and most bike shops would have heard of it initially, but this recall had been out there four years; not all bike store employees would not know about it. Then only if a customer brings his bike into a store to be worked on are they aware of it; many bike riders do their own maintenance.

One final point, on the subject of helmets: The first thing that will hit the road if you go over the handlebars is your forehead. Your helmet should be no more than the width of two fingers above your eyebrows (1 ½ inches or 4cm.) I wear mine one finger above my eyebrows, (3/4 inch, or 2cm.)

Gary Lanoue leaves behind a wife and three adult children; my condolences go out to them and the rest of Gary’s friends and family.

Remember there are thousands of these bikes out there, many will still have the original defective front fork. Please help spread the word in any way you can; don't let anyone else die because of this. My thanks to Ted Delaney for bringing this story to my attention

Update 5/22/12: The front fork was apparently not the recalled model. See this article. 

                        

Bus driver uses vehicle as a weapon

A bus driver in Bristol, England deliberately side swiped a cyclist with his bus. The incident happened in April of last year when cyclist Phillip Mead first argued with bus driver Gavin Hill; Mead alleged the bus had driven too close.

What happened after was recorded on a street video camera. The bus is seen swinging wide to pass the cyclist, then the driver pulls hard to his left, knocking the cyclist across an adjacent parking lot.

Mead suffered a broken leg and his bike was crushed; it is fortunate his injuries were not more serious, he could have been killed. This is road rage at its worst; this driver was out of control.

Sentencing the bus driver to 17 months jail, Judge Mark Horton told Hill, "This was not an accident. You used the bus as a weapon to bully and intimidate Mr Mead."

You can read more on the story on the BBC News Website.

My thanks to TheFootDown for alerting me to this story.

                        

Driving the limit

Driving my car yesterday I saw a bumper sticker that made me chuckle; it said, “I’m retired: Just go around me.”

The reason I could relate is because I am also retired and I want a bumper sticker that says, “I drive the speed limit: Deal with it.”

I started driving the speed limit a few years ago when gas prices started to go sky high. I used to follow the herd and drive 5 mph over the limit; then one day I realized how ridiculous that was. I was retied, so why was I in a hurry to get anywhere?

By driving the speed limit I am not only saving on gas, I am saving on wear and tear on my vehicle; my brakes, my tires, all saving me money. By driving the speed limit I am relaxed; I don’t have to be constantly looking in my rear view mirror for a cop car.

Even if another driver does something stupid, because I am driving slower I have more chance of stopping and avoiding an accident.

When it rains I often drive under the speed limit, and I increase the distance between myself and the car ahead of me. This is defensive driving 101; yet it drives other’s crazy. They tailgate me constantly, they try to intimidate me, but I refuse to be bullied.  

I’m retired; can’t you see I’ve got white hair to prove it? Deal with it.

What makes ‘em really mad is when a traffic light turns orange and I can safely stop, so I do. Quite often the driver behind will lay on the horn, and throw his hands in the air in frustration.

How crazy is that? Think about it; an orange light is a warning that the light is about to turn red. It is a signal to stop if there is a safe distance to do so; it is not a signal to speed up and get through before it turns red. People are honking at me because I am being a safe driver and using a traffic signal in the way it is intended.

Close to 100 people die in auto accidents every day in the US. Most could be avoided; they are caused by people driving too fast and driving aggressively. Why? It is unnecessary. Just leave home with enough time to get to where you need to be, and drive in a relaxed, safe and sane manner.

Driving fast is only a habit. I am now in the habit of driving the speed limit and it has become second nature. I also drive the speed limit because I am a cyclist. When I am riding my bike I am sometimes harassed and even placed in danger because of car drivers who are just simply impatient.

If a cyclist complains about drivers who honk at them, or squeeze by too close when it is not really safe to do so; then they jump in their car and drive in the exact same aggressive manner, they are hypocrites and they have no cause to complain about the behavior of others.

If someone owns a car that can do 0 to 60 in 4 seconds, it doesn’t mean they have to. If a cyclist is fitter than the average person and can ride faster than most, doesn’t mean they should at all times. It is unlikely that a cyclist will exceed the speed limit; however, a cyclist can often be riding too fast for certain conditions.

It annoys me when cyclists collide with pedestrians; it doesn’t happen all that often but it should never happen. I began riding a bike over 60 years ago, and I don’t recall ever running into a pedestrian.

It annoys me even more when cars run into cyclists. I always say, “If you can’t drive down a road without running into a cyclist, maybe you should not be driving a car.”

By the same rule if you are riding a bike in a crowded city or on a bike/walk path where there are pedestrians a cyclist needs to slow down.

Forget that the pedestrians may be deep in conversation that they don’t hear your call of, “On the left.” Or that they are listening to music, or talking on a cell phone; people have annoying shortcomings.

If I have learned one thing in my old age, it is that life is simpler and more pleasant if you forgive others their transgressions. No one is perfect, many less perfect than others; but it doesn’t help matters by retaliating either verbally or by aggressive driving or riding.

The person driving behind me and getting angry because I am driving the speed limit would be better off just relaxing and just following along; he will still get to where he needs to be. Of course he can’t see that, but by the same rule, am I any better if when riding my bike I get angry because a pedestrian slows me on the bike path.

Being an ass doesn’t make the assholes go away, it only adds to the asshole count. Ignore them and in time they cease to exist.