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RE: [nmlci] Re: Tragedy in Albuquerque

Just to be clear:  I am blaming neither cyclist NOR motorist.  The Journal story doesn't tell us anything about who was at fault, just that the police say that Hargrove "may" have been at fault.  But the first driver left the scene of an accident with injuries, which is a fourth degree felony in NM.  At least.  I just hope APD is seriously looking for the motorist.  That's all.

From: Black Tie Bicyclist [mailto:blacktiebicyclist at yahoo dot com]
Sent: Friday, March 13, 2009 11:38 AM
To: bhaskins1; Martha Hardman
Cc: BikeABQ BikeABQ; NM LCI Group
Subject: RE: [nmlci] Re: Tragedy in Albuquerque

I'm assuming that not all facts are in, and sadly that they may never be. That is why BikeABQ is bringing in Crash Investigation Experts to educate the police in how to get as many facts as possible to ascertain the truth in these matters. Too often they are defaulting to blaming the cyclist - the same way cyclists are defaulting to blaming the motorist.
 
The police saying the first motorist "could be charged" may be correct if related to the initial crash. For leaving the scene of the crash I'm sure they would say "will be charged"
 
Just a few weeks ago the cycling community immediately jumped all over the city dispatch office because Officers weren't sent to the scene of an harassment against a cyclist on a bike trail.  The cyclists complained & many of us ran to blame the city government. The letters and calls flooded City Hall before we were able to get to the bottom of it. The recordings of the call were not exactly like the cyclist remembered and police were dispatched.  As it turned out we had egg on our face and it hurt our credibility with City Hall.
 
We as guardians of all cyclists must not rush to conclusions. While I may seem to take the motorists side with my cycling friends I'm taking the cyclists side with APD and City Hall, and with the Press and media I am neutral until all the facts are in.
 
Craig Degenhardt

--- On Fri, 3/13/09, Martha Hardman <MH at FBDLAW dot com> wrote:
From: Martha Hardman <MH at FBDLAW dot com>
Subject: RE: [nmlci] Re: Tragedy in Albuquerque
To: blacktiebicyclist at yahoo dot com, "bhaskins1" <bhaskins26 at comcast dot net>
Cc: "BikeABQ BikeABQ" <bikeabq at yahoogroups dot com>, "NM LCI Group" <nmlci at woozle dot org>
Date: Friday, March 13, 2009, 11:18 AM

You're assuming facts all in favor of the motorist.  I am not sure this is warranted.  Assume you are driving down the road at 5 mph ABOVE the speed limit.  Assume you have had four beers (or more) after work with your buds. 
 
See where I am going?  Nothing in the article says the cyclist wasn't wearing a reflective vest, nor that he didn't have lights or anything.  It quotes the police as presuming the cyclist MAY have been at fault. 
 
Saddest thing is that the poor dude might have lived if the second driver hadn't run over his head...

From: Black Tie Bicyclist [mailto:blacktiebicyclist at yahoo dot com]
Sent: Friday, March 13, 2009 11:10 AM
To: bhaskins1
Cc: BikeABQ BikeABQ; NM LCI Group
Subject: [nmlci] Re: Tragedy in Albuquerque

Imagine you are driving down the road at 5 MPH below the speed limit. You are between interections and it's dark. Your headlights allow you to see clearly the road ahead of you. Suddenly a form speeds in front of you from the side - it is a blob of grey the same color as the dark road ahead of you, there are no lights, no reflective, you don't even have time to put your foot to the brake. You can't image what you've hit.
 
Should you be sent away to prison for twenty years? What did you do that was wrong? Were you at fault? Or was the cyclist who did not follow traffic law, did not have lights on, did not have light or reflective clothing, who threw himself right into your path not allowing you any time to take evasive action, was that cyclist at fault.
 
This cyclist appears to have attempted to cross a busy street not at an intersection but in the middle of the block. It does not state but we may find that dark clothing and no lights were also involved.
 
The motorist may or may not have been speeding. While the police report this time may not be as accurate as we deem necessary, after July, after BikeABQ has sponsored the Bicycle Pedestrian Crash Scene Investigation class for local police agencies, better and truth capturing reports should be available.
 
Now a motorist leaving the scene after the fact  is another matter.
 
But sadly the truth is most crashes are the fault of the unsafe cyclist. Chose your battles carefully and go full force to the defense of the safe cyclist, and try to educate the unsafe cyclist to practice safe behavior.
 
Craig Degenhardt

--- On Fri, 3/13/09, bhaskins1 <bhaskins26 at comcast dot net> wrote:
From: bhaskins1 <bhaskins26 at comcast dot net>
Subject: Re: Tragedy in Albuquerque
To: blacktiebicyclist at yahoo dot com
Date: Friday, March 13, 2009, 10:19 AM

Absolutly sickening. I am sick to my stomach after reading this story and
finding out that nobody was cited and police are already saying that the
bicyclist may have been at fault.

http://www.abqjournal.com/news/metro/131013307555newsmetro03-13-09.htm

Bret