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Old 10-24-05, 01:53 PM   #1
soda
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cyclist/car accident in cincy: cyclist blamed but charges have yet to be filed

Here's the story:
"CINCINNATI -- Police said a bicyclist hit a car trying to make a U-turn at McMicken Avenue and Ravine Street in Fairview Monday morning, News 5 reported.

Javier Novarini, 39, was riding south on Ravine when 24-year-old Andrew Sierschula turned in front of him.

Novarini hit Sierschula's car and then ran into a parked vehicle. He's listed in serious condition at University Hospital.

So far, no charges have been filed in the incident."


grrrr... that makes me so angry. No files have been charged yet the news organization already seems to have passed judgement. Even with the little information they give, they said the driver turned in front of the cyclist. I say let them know your thoughts: http://www.channelcincinnati.com/station/index.html
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Old 10-24-05, 04:58 PM   #2
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Don't quite see your grievance. The report seems perfectly accurate - the cyclist did hit the car, which was making a (presumably) illegal U-turn, illegal in the sense that a driver shouldn't do that if it is likely to cause an accident.

Unfortunately, common usage has it that the road user whose front end hits another vehicle or person is described as hitting them, even if the other road user has pulled across the front of them.

If no charges have yet been filed, then the station has reported that fact. It does not say, or imply, that the cyclist was to blame.
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Old 10-25-05, 10:50 AM   #3
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No files have been charged yet the news organization already seems to have passed judgement.
Must have missed the judgement-passing....could you please point it out.

Actually, your post seems to illustrate how one can read a little too much into something when they (seemingly) have a dog in the hunt..................
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Old 10-25-05, 10:58 AM   #4
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yeah... I see that now. I goofed. Good thing I didn't send an email.
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Old 03-17-11, 09:37 AM   #5
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I know this is an old story, but I wanted to set the record straight. I was in the car with Andrew during this accident, he was taking me to work. Andrew was pulling out of a parking space to turn around. Javier attempted to go around the back of the car, but snagged his jacket on the bike rack on the back of Andrews car. Andrew is a registered EMT, he stayed with Javier until the ambulance came. He is fine now and no charges were ever filed, nobody was at fault. So, if there is anything to learn from this accident it's; don't leave your bike rack on the car.
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Old 03-17-11, 11:14 AM   #6
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Originally Posted by jackschula View Post
I know this is an old story, but I wanted to set the record straight. I was in the car with Andrew during this accident, he was taking me to work. Andrew was pulling out of a parking space to turn around. Javier attempted to go around the back of the car, but snagged his jacket on the bike rack on the back of Andrews car. Andrew is a registered EMT, he stayed with Javier until the ambulance came. He is fine now and no charges were ever filed, nobody was at fault. So, if there is anything to learn from this accident it's; don't leave your bike rack on the car.
Bicyclists should also learn to apply brakes or steer around objects in front of them with enough distance to avoid hitting them with bike, body or equipment, if at all possible.
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Old 03-17-11, 11:25 AM   #7
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Originally Posted by jackschula View Post
I know this is an old story, but I wanted to set the record straight. I was in the car with Andrew during this accident, he was taking me to work. Andrew was pulling out of a parking space to turn around. Javier attempted to go around the back of the car, but snagged his jacket on the bike rack on the back of Andrews car. Andrew is a registered EMT, he stayed with Javier until the ambulance came. He is fine now and no charges were ever filed, nobody was at fault. So, if there is anything to learn from this accident it's; don't leave your bike rack on the car.
I'd say the lesson, if there is one, is that you shouldn't wear stuff loose enough to snag and strong enough not to tear if you're going to make close passes to vehicles. Bike racks aren't the only thing that could snare a rider - think of the possibilities with trucks and pick-ups . From the above it sounds like the jacket was open?

Not that I'd say that the rider was in anyway culpable - this isn't something that anyone would expect.
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Old 03-17-11, 11:35 AM   #8
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I'd say the lesson, if there is one, is that you shouldn't wear stuff loose enough to snag and strong enough not to tear if you're going to make close passes to vehicles. Bike racks aren't the only thing that could snare a rider - think of the possibilities with trucks and pick-ups . From the above it sounds like the jacket was open?

Not that I'd say that the rider was in anyway culpable - this isn't something that anyone would expect.
I doubt that the bike rack was invisible.
Ya mean cyclists have no responsibility to look where they are going, and avoid getting tangled up with what is right in front of them?
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Old 03-17-11, 02:41 PM   #9
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Alternatively, since the description is somewhat lacking in detail, did the driver look to see if there was someone approaching the bit of the road he was pulling out into? I would imagine that, even in the notoriously easy driving tests common in the US, examinees are told to look before entering the road?

If the rider was simply cycling along the road and the driver was pulling out into it, then the probability of fault swings back to the driver.

That no charges were filed, given the frequent failure of LEOs to take any action even in flagrantly obvious cases of driver error, cannot, of itself, be put forward as cast-iron evidence of the driver not being at fault.
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Old 03-17-11, 02:53 PM   #10
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Maybe the driver should have stopped before hitting someone.
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Old 03-17-11, 03:23 PM   #11
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Originally Posted by jackschula View Post
I know this is an old story, but I wanted to set the record straight. I was in the car with Andrew during this accident, he was taking me to work. Andrew was pulling out of a parking space to turn around. Javier attempted to go around the back of the car, but snagged his jacket on the bike rack on the back of Andrews car. Andrew is a registered EMT, he stayed with Javier until the ambulance came. He is fine now and no charges were ever filed, nobody was at fault. So, if there is anything to learn from this accident it's; don't leave your bike rack on the car.
Even you imply that the motorist pulled out into the path of an approaching vehicle that had right of way. Sounds like motorist failed to yield and is at fault.
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Old 03-17-11, 03:41 PM   #12
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yes, obviously the driver should have been charged with failure to yield or whatever the charge is when you pull out of a parking space only to get hit by a vehicle. Thread closed.
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