What's A Cyclist Worth? In Florida, Not Even A Fine

I don't think of myself as a vengeful person.  At the same time, there are people I want to see punished, or at least castigated, for their misdeeds.

Moreover, I have come to realize that you can tell what a person's status is, or was, in his or her community or society by the sort of penalty meted out to someone who commits a crime against, or otherwise causes harm to, that person.

Now, I'm not going to say "Don't get me started about drivers who get off scot-free when they run down cyclists!" because, well, I am going to rant about that, whether or not anybody gets me started.

Specifically, I am going to rant and rave about one particular cyclist who was so victimized.  He has survived the ordeal, albeit with a fractured spine and deep bruises.  He hopes to get back on his bike sooner rather than later, but he still faces a long recovery from the injuries he incurred a month ago today.

A 65-year-old motorist named Dennis Brophy, of Fort Pierce, Florida, was in the process of inhaling a "breathing treatment" when he drove his 2016 Chevy Cruze straight into the back of a cyclist who, like him, was traveling south on Old Dixie Highway.  Brophy admitted he suffers from sleep apnea and said, according to the incident report, that he was "blinded by the light" and "never saw" the cyclist he struck.

That was at 8:03 am.   The cyclist would spend the next two days in the Lawnwood Medical Center's ICU.  Meantime, Brophy went home without even a citation for plowing into the cyclist, whom he could have just as easily killed.

Alan Snel, after a motorist struck him from behind

That cyclist is Alan Snel.  Perhaps you know him from reading his "Bicycle Stories" blog.  You may also know, or know of, him from his extensive cycling advocacy, or from his work as a journalist in Nevada and Florida.  It seems, though, that to Florida law enforcement officials, he was--as he says--"collateral damage", or simply someone who got in the way of a motorist who couldn't be bothered to swerve a couple of feet out of his way.

Alan's bicycle

Although I have had some very pleasant experiences of cycling in Florida, I also realized that it is a very auto-centric place.  From what I have seen, I would guess that the vast majority of cyclists are adults, many of--as we say--"a certain age".  Yet, too often, people entrusted to uphold the law and support public safety seem to see cyclists as people who won't grow up and drive and who therefore "bring it on themselves" when they are endangered or, worse, injured or killed by motorists.

Alan's helmet

I was not surprised to learn that more cyclists are killed by motorists, in proportion to the population, in Florida than in any other state.  Furthermore, in every year since 2010, Florida's rate has been around 50 percent higher than the second-deadliest state in each of those years: Louisiana.  And in most of those cases, like Snel's, the driver faced minor or no charges.

Alan, in better times

As Snel recovers, he still needs money to cover living and other expenses.  So, friends and other supporters have started a YouCaring fundraiser for him.

The Bike Czar In A Black Dress

In the past decade or so, cities all over North America and Europe have tried--sometimes in misguided ways--to encourage more people to ride bikes to work and school, for shopping and for fun.  Lanes have been built, share programs started and commissions and committees organized or appointed--and organizations consulted--for insights into what would lure people out of four-wheeled vehicles and onto two-wheelers.  In some cities, these efforts have been followed by (if not resulted in) rapidly-increasing numbers of cyclists.

Atlanta, it seems, has not been one of those cities.  Nearly three years ago, Mayor Kasim Reed set a goal of making  his city one of the most "bike friendly" in the US by this year.  Much to his credit, he has worked hard toward that goal in a city with some of the worst traffic and longest commutes in the nation.  But,  a torrent of anti-bike backlash caused the Georgia Department of Transportation to remove bike lanes from its plans to re-stripe Peachtree Road, one of the busiest thoroughfares in the city.  And the bike share program, scheduled to begin before the end of 2015, now won't launch until this coming summer.

On the other hand, Dogwood City has just made a bold move that no other community--no, not even Portland or Minneapolis--has ventured.  One of the problems in most cities is that bicycle lanes and other infrastructure come under the purview of the local Department of Transportation or its equivalent.  Because there are many more motorists than cyclists (yes, even in the Rosebud and Mill Cities) and because bicycle infrastructure commands relatively small sums of money, bicycling is usually not a high priority in most DoTs.  In most places, there is not a full-time planner, engineer, organizer or lawyer who deals exclusively or even mainly with cycling-related issues.  Thus, there is neither an advocate nor an ombudsman for cycling in most places.

It looks as if "The Big Peach" might have solved that problem.  Last month,  the city hired Becky Katz as its first Chief Bicycle Officer.  The Atlanta Bicycle Coalition made the position possible, in large part, and received a five-year grant from the Atlanta Falcons Youth Foundation to help fund it.  The city has promised to add additional money.

Becky Katz

I knew nothing about Ms. Katz until I read about her appointment today.  If nothing else, she has firsthand knowledge of what cyclists in "The Big A" face:  She is a cyclist who, last year, was rear-ended by a motorist while she was riding on a wide street with low traffic.  The impact tossed her onto the windshield, where her helmet shattered the glass and she broke a shoulder socket  and wrist.  Her bike was totaled. 

Within two months, she'd bought another bike and was on it, even more determined to make cycling safer and more accessible in her city.  "Within moments [of being struck], I was thinking, 'this has got to be better.'"  She also realized that making streets safer for cyclists would also mean making them safer for motorists.

Since becoming the city's bike czar in October, Katz has been focusing on gathering data about cyclists--where and when they ride, where there are crashes and which roads are most stressful to cyclists and pedestrians.  "Data builds a strong case for why bike infrastructure can help all users of the road," she explains.

It may also--I hope--Atlanta avoid some of the mistakes other cities have made.  If it does, the delay in starting the bike share program or cancellation of bike lanes on Peachtree Road may turn out to benefit the community of cyclists in the Empire City of the South.

Gambling With Cyclists' Lives: Cara Cox Lost Hers

Here in New York City, those of us who ride often complain about the conditions of bike lanes and streets, and about the seeming hostility or cluelessness of some drivers.  While we all have our stories about the perils of the street, my experiences of cycling in other parts of the US have shown me that, poorly-conceived bike lanes notwithstanding, we have it a little better than riders in other parts of the country.

Other municipalities and states, I believe, actually are more hazardous than the Big Apple.  One reason, I think, is that much of the nation, particularly in parts of the South and West, are more automobile-centric than this city.  Cyclists are still seen  as anomalies in many places. As a result, drivers don't know what to do when they see us.  Some even feel resentment and hostility toward us for being on "their" roadway.

One city with such conditions, it seems, is Las Vegas.  I was there once, nearly three decades ago, and from what I understand, the city's permanent population has exploded and, as a result, traffic is much denser than it was back then.  So it's not surprising that I've been hearing and reading that 'Vegas has a "problem" with bike-car collisions and that it has a large number of fatlities in proportion to its population.

Cara Cox

The latest such casualty is Cara Cox, who was struck by a 74-year-old motorist more than two months ago.  She lay in a coma until her death the other day.  Ms. Cox thus became the ninth cyclist to be killed by a motorist in the Las Vegas area this year. A month before  her accident, 500 cyclists particpated in a safety awareness rally and ride in nearby Summerlin.  The eighth cyclist to be killed, Matthew Hunt, brought them together. "[M]atthew did everything right," according to his brother, Jason. "At this point, it's up to the drivers to pay attention," he added.

That some don't is the reason someone like Alan Snel can say, "Every bicyclist I know can share a story about a motorist endangering their safety."  Mr. Snel is a self-described "cyclist who pays the bills as a newspaper writer/reporter" who has written about Ms. Cara, Mr. Hunt and others who died after being struck by cars victims--as well as other stories about cycling in the area--for the Las Vegas Review-Journal.  He also writes a blog, Bicycle Stories, where I learned about Ms. Cara's tragic death.

"For the life of me, I can't understand how society accepts killed cyclists," he writes, "as just part of the regular carnage out there on the roads."

I couldn't have said it any better.  I hope that the day comes when there will be no need to say it at all.

Allen Brumm: A Cyclist Follows The Law And Is Blamed For His Own Death

Which is worse:  An ill-conceived law-- or a law enforcement official who is ignorant of, or misinterprets, a law?

The death of Allen Brumm seems to beg such a question.

The 57-year-old California cyclist was riding in a time trial when he was struck head-on by an oncoming motorist.

California Vehicle Code 21751 mandates the following:

Passing Without Sufficient Clearance 21751. On a two-lane highway, no vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction. 

Now, I'm not a lawyer. But it seems to me that the key clause in that passage is "unless the left side is clearly visible and free of oncoming traffic for a sufficient distance ahead".  In other words, if you're driving, you're not supposed to pass unless the left lane is clear for as much distance as you need to pass.

The 35-year-old-driver had pulled to her left to pass another cyclist on County Road 19 in a rural area of Yolo County, west of Sacramento. Mr. Brumm was riding in the oncoming lane.

This is a Google Streetview of a section of CR 19 near the crash site.  As you can see, there was nothing to obstruct her view almost clear to the horizon.  

California Highway Patrol Sergeant Andy Hill, in describing the accident, said "both parties" contributed to the collision.  He did not specify the driver's culpability, but said that Mr. Brumm's fault lay in his riding "as far to the right" as possible.

This is what the Golden State's Vehicle code specifies:

Operation on Roadway 21202. (a) Any person operating a bicycle upon a roadway at a speed less than the normal speed of traffic moving in the same direction at that time shall ride as close as practicable to the right-hand curb or edge of the roadway…. 

 Again, take my reading of this, as a non-barrister, as you will.  But it seems to me that the key part of this statute--as it pertains to the accident in question--is "shall ride as close as practicable to the right-hand curb or edge of the roadway.

The last time I checked, "practicable" does not mean quite the same thing as "possible".  Were Tour de France riders to descend any Alpine road as far to the right as "possible", there wouldn't be enough riders left to continue the Tour de France!  Even the most skilled rider would have a hard time not falling off a virage were he or she to ride as far to the right as possible.

On such roads, riding as far to the right as possible could mean riding on rocks or on the edge of a cliff.  In other situations, it could mean riding on ice or on a soft shoulder that would act as quicksand under a bicycle tire tread.

That last scenario is--from what I've read--what Mr. Brumm encountered.  Riding as far to the right as possible would have meant not riding at all.  So he rode as far to the right as was practicable in that situation.

Once, on a ride in Pennsylvania, I got into an argument with an officer about that very point.  The Keystone State, like many others, has (or had, at that time) language similar to CVC 21202 in its laws.  To the right of the roadway on which I was riding was the muddy bank of a stream, which would have been all but impossible to ride on the road bike I was pedaling.  That road was similar to the one on which Mr. Brumm died--a two-lane county road in a semi-rural area.

I explained to the policeman--who, I believe, was not a cyclist--the near-impossiblity of riding "as far to the right as possible".  He said, "Well, maybe you shouldn't be riding this road."  I think he knew that I didn't live in the area and, to his credit, suggested another nearby road, which I rode back to the bridge in Uhlerstown.

And, of course, I rode as far to the right as was practicable into New Jersey.  Poor Allen Brumm did the same in California and is being blamed for his death.

My sincere condolences to his friends and family.