randya

NYPD Slaps Hit And Run Victim With A Ticket For Not Having Bell On His Bike
By Will
Monday Dec 10, 2007
https://www.onnyturf.com/blogs/view_p...ntent_id=12639

How do you add insult to injury? How about giving a ticket for a missing bell to a cyclists who has just been smashed up in a hit and run collision? That's exactly what NYPD Officer Torpey did, when he was flagged down by a dazed cyclist in the Bronx back in July.

On July 30th this year, bike messenger Alex Hellner had been waiting around for a half hour after calling 911, when finally a NYPD cruiser happened to lumber past. Around the same time an Ambulance also finally showed up. Hellner was dazed and his bike frame was bent from colliding with a van; but while medics checked him out, officer Torpey checked out his bike. The next thing Hellner knew Officer Torpey was handing him a ticket because he didn't have a bell on the bike. Last week Mr. Hellner ended up paying a $20 fine for the absent bell.

Mr. Hellner had been reluctant to call the Police at all, but only did so after a bystander, seeing him staggering, had urged him to do so. "I usually don't like to involve the police if possible... so I hesitated for a minute and then came to my senses and called 911. I can't give you an example where the police have helped the situation in any cycling incident I know of."

While perhaps the ticking was technically valid, since bikes are required to have a bell, this kind of ticking seems quite pointless and makes one suspicious that this is only about meeting some sort of ticket quota. Meanwhile, what about the hit and run? Mr. Hellner had kept enough of his wits about him to get the license plate number of the van that hit him, which he turned over to police! The plate is issued to a Mr. Dibaga Sunbundu. So was the driver charged? Presumably not Mr. Hellner says, the NYPD has never followed up with him about the hit and run.

Mr. Hellner had an additional scare last week when he appeared in court to contest his ticket. Mr. Hellner says, "during [Officer Torpey's] opening testimony he stated that prior to issuing me the ticket, he inspected both my vehicle and the other vehicle for safety equipment, which is, of course, blatantly false... I was instantly alarmed and commented that it was a hit-and-run and he responded 'that's not what i wrote down'." It turns out that Officer Torpey was wrong, he did write it down in his Police Report. But his statement in court immediately alarmed Mr. Hellner; if the Officer had failed to report the hit and run it could have further complicated Mr. Hellner's insurance claim against the driver.

You see, on top of fighting a stupid ticket for a missing bell, Mr. Hellner has been having trouble collecting money for his bills from the driver's insurance company. Geico hasn't made a single payment to Mr. Hellner yet; they seemingly have been stalling for weeks on paying out the claim. Mr. Hellner says he has alread paid out a couple of thousand dollars for medical treatment, and could be stuck with tens of thousands in medical expenses. "I stopped going to physical therapy for my elbow because I am afraid I might get stuck with the bill, and my left sholder gets sore easily."

Had Officer Torpey bungled the police report, it could have given Geico new ammunition to further stall or deny the claim. Fortunately for Mr. Hellner Officer Torpey only perjured himself at the ticket hearing.

Mr. Hellner has now gotten himself some legal assistance to try to get Geico to pay up. So far, Geico has been more snake than suave gecko.

Keith99

Things don't go down this way in Los Angeles. The cops here may have other problems, but they take hit and run very seriously.

Dahon.Steve

I don't know why he went to the insurance company first. The proper procedure would have been to get legal aid or file in small claims court.

ralph12

That bell rule is the dumbest thing...

I have had almost no use for my bell, ever. I like having it there, but I don't think anyone could hear it as well as they could hear screaming.

DieselDan

Hit and run you say? "Well, your Honor, my bell was broken off in the hit and run and must have been kicked into a storm drain."

Itsjustb

I'm originally from NY and much of my family still lives there.

re: the ticket itself. These kinds of stories have become so commonplace under Mayor Bloomberg that the local papers have a daily column telling them. 9-month-pregnant women getting tickets for sitting down on the stairs of a subway, that kind of thing. It seems that many NYers are willing to give up personal freedoms in exchange for a "safer", "cleaner" city.

John E

I concur. As an audible warning device, my voice has never let me down.

stevesurf

Absolutely incredible; it's tough not to generalize that NYPD views cyclists as a nuisance and not transportation. I do know that many PO's will always look for what's not in compliance, so that they can use it if they need to. In this case, it demonstrates a blatant disregard for the rights of the victim, as the officer did not prioritize the actual hit and run offender.

DieselDan

I know a magistrate in South Carolina that agrees with you.

littlewaywelt

There's no excuse for not complying with the law.
That the NYPD didn't follow up on hit and run is ridiculous, and at the same time not surprising.

dobber

ChezJfrey

Well, well! Now we know why you're so easily distrac.......

Ahem, where were we?

Bicure

I'm in New York, and experience this all the time.

The primary problem is that the police responding are drivers, not cyclists, and have what I call "auto-mind."

They are so ingrained in Kar Kulture that they are virtually incapable of perceiving things from (what I call) a cyclo-perspective.

There is generally sympathy for the driver (with whom the police empathize as drivers), and hostility or disdain or irritation towards the cyclist.

Two cyclists were killed here last week, and (unusually) a few tickets WERE issued to the drivers (one of whom had parked in a bike lane, and whose passenger opened their door without looking, and caused the 63-year old cyclist's death by forcing him under the wheels of a truck), but until MASSIVE mandatory fines ($500,000 & up) and jail time (1 year & up) attach to deaths caused by irresponsible driving, nothing will change.

Not that I feel strongly about this!

randya

The 63 year old cyclist who died from the dooring last week was David Smith, who was a recording engineer at the Town Hall Theater; Garrison Keillor memorialized him on last week's Prarie Home Companion, which was broadcast from the Town Hall Theater.

powers2b

NYC is full of haters

Bicure

I'm a hater-hater 2b, and find myself full of hate for those who hate!

Randya, thank you.

What I found extraordinary about the story was that his partner (he was gay) said he felt no anger at the driver, and forgave both driver and passenger.

Really extraordinary.

One of the Prarie Home cast members rides a bike in NYC - he's about 60 - I wonder if he was sobered by this...

I hope you'll continue to update us on Alex's struggles as things progress!

deputyjones

lol, +1