When A Death Is A "Failure To Yield"

A Postal Service driver runs over and kills a cyclist.

Five months later, that driver is...charged with a misdemeanor for "failure to yield." And he's gotten a ticket for..."failure to exercise due care."

That "failure to yield" charge "doesn't even suggest that a man died," Christopher Brimer lamented.  "It's more  like, 'Whoopsie, I guess I didn't look."

Ms. Brimer has a right to be angry:  The cyclist who died in the crash on 29 June is her husband, Jeffrey Williamson.  He was riding northbound (uptown to us New Yorkers) on Central Park West.  He had the right of way as he crossed the intersection at West 86th Street when Sergei Alekseev made a right turn with his 2019m Peterbilt truck.  Around 5:40 pm--still broad daylight at that time of year--Alekseev slammed into Williamson.

Jeffrey Williamson (inset) and the scene of his fatal crash.  Photo by Ken Coughlin, from Streetsblog

A civil notice of claim has been filed against the Postal Service, but won't be dealt with until after the criminal case is resolved.  Brimer's lawyer, Steve Vaccaro says that Alekseev should plead guilty.

Even though the charges against him seem almost trivial, they are still exceptionally rare.  Last year, the NYPD wrote 35,257 summonses for failure to yield.  That translates to roughly one per day in each of the city's 77 precincts.  What's even more galling is that such summonses are rare even in fatal crashes:  Streetsblog reported that in 2019, only six drivers--about one out of five-- who killed cyclists got so much as a summons.  The rate for drivers who killed pedestrians, while better, is still too low:  58 percent.

What makes Williamson's death all the more egregious, though, is that Alekseev was driving where trucks aren't permitted.  (I know this because I've cycled on Central Park West many times, before and since the bike lane was designated on it.)  On top of that, the USPS has a reputation of "getting away with murder." It is a behemoth that can summon lots of money and other resources.  I don't know what Brimer's financial situation is, but even if she's a multimillionaire and Vaccaro is one of the best lawyers in the world, she's fighting a lonely battle--against the USPS, and the hidebound culture of the NYPD that could only come up with a charge of "failure to yield" in her husband's death.

Her Last Ride

While riding here in New York City, I avoid curbside bicycle lanes.  I especially avoid them if they are alongside parks where motor vehicles aren't allowed. A terrible incident that occurred yesterday reminded me of why.

Madison Jane Lyden, 23 years old, was visiting from Australia.  She rode a rented bicycle in the lane on Central Park West just south of West 66th Street.  A livery cab pulled into it, in front of her.  She swerved to avoid it.  

A private sanitation truck rumbled up behind her.

Madison Jane Lyden isn't going home.  

When I lived in Manhattan, I cycled up Central Park West often.  That was in pre-bike lane days.  I always knew that the intersection with 66th Street was hazardous.  It's the where the southernmost traverse across Central Park enters regular New York City traffic.  Often, drivers are lulled after driving across that traverse, where they don't have to contend with the vagaries of Manhattan street traffic and are thus not ready for a change in traffic signals, pedestrians crossing--or cyclists.

Traffic is further congested when there is a performance at Lincoln Center, three blocks to the west, or in any of the other nearby performance and exhibition venues such as the West Side Y.

I am guessing that Ms. Lyden would not have been familiar with those traffic patterns.  Even if she were, I don't think she would have been prepared for a livery cab pulling into the bike lane--or for a private sanitation truck barreling behind her.

Let alone a garbage truck operated by an intoxicated driver.  

Madison Jane Lyden so enjoyed riding downtown that she decided to do some exploring.  She pedaled uptown.  It shouldn't have been her last ride.