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-   -   Rockefeller Center accident involving Cabbie, cyclists, pedestrians (http://www.bikeforums.net/advocacy-safety/908572-rockefeller-center-accident-involving-cabbie-cyclists-pedestrians.html)

vol 08-20-13 05:21 PM

Rockefeller Center accident involving Cabbie, cyclists, pedestrians
 
Probably many have read it in today's news:

"A cabbie feuding with a bike messenger stepped on the gas and jumped the curb outside Rockefeller Center this morning, severing at least one foot of a beautiful female British tourist as horrified witnesses — including TV’s “Dr. Oz” — rushed to help, officials and witnesses said.

"“The hood of his car was so close to me, I could touch it. I told him to stop, he gets angry, he honks his horn, and he accelerates, and that’s it — I’m on the hood of the car, and the woman is under his car,’’ said the cyclist, who refused to give his name."

Here is what I don't understand:

"Law-enforcement sources said the cabbie who hit her, Mohammed Himon, was likely to be slapped with multiple summonses for the crash but not criminally charged."

Why did they decide immediately that he'll not be criminally charged?


Dahon.Steve 08-20-13 10:52 PM

Unbelievable. He wanted to kill the messenger but almost killed an innocent woman. This poor woman lost her leg and the man who did it didn't go to jail. If he had used an axe, I'm sure the driver would be looking at 10 years or more.

FBinNY 08-20-13 11:01 PM

It isn't at all rare for criminal charges not to be filed immediately. Once they're filed, the clock ticks and the DA has various deadlines to meet. Delaying the filing of charges allows the DA to review the case and get his ducks in a row first. The DA can always charge later, so has little to lose by waiting a while. The only real risk of the delay charging strategy is the alleged perpetrator is free to leave town in the meantime.

vol 08-21-13 07:48 AM

It's possible some of us New Yorkers had crossed paths with this very cabbie and were harassed by him some way, given his history and attitude. I came to think of one crazy taxi driver that deliberately swiped me and yelled at me and wonder if that was him.

The poor woman may lose both of her legs.

dynodonn 08-21-13 08:22 AM

Quote:

Originally Posted by vol (Post 15983754)
It's possible some of us New Yorkers had crossed paths with this very cabbie and were harassed by him some way, given his history and attitude. I came to think of one crazy taxi driver that deliberately swiped me and yelled at me and wonder if that was him.

Sometimes I think about that as well when I report an aggressive driving motorist to law enforcement, in how many other road users that one motorist has harassed or intimidated, and if I had made any difference in the severity of any future incidents that this motorist might cause by reporting them. I doubt that this was the cab driver's first altercation with a cyclist, and I'd be curious to see if any videos start coming forth from cyclists who may have had an unfriendly interaction with this cabbie.

FBinNY 08-21-13 08:44 AM

Quote:

Originally Posted by vol (Post 15983754)
It's possible some of us New Yorkers had crossed paths with this very cabbie and were harassed by him some way, given his history and attitude. I came to think of one crazy taxi driver that deliberately swiped me and yelled at me and wonder if that was him.

....

It's possible, but not very likely.

There are 13,000 medallion cabs in NYC, mostly n Manhattan and Brooklyn. Figure that there have to be about 30,000 drivers to keep those on the road. So yes, you might have run in to the same driver, but figure that out of those 30,000, there have to be more than one like him.

The only way to get these aggressive, and just plain crazy drivers off the streets is to file complaints after incidents. You need the cab number, and because there are different drivers for each cab, the time and place of the incident. A description of the driver or his hack license number can also help, but aren't critical.

Describe the incident is a clear concise form, include the place, time and car number and mail it off to the TLC. They don't investigate every complaint, but they do track them and over time a pattern of complaints will spur an investigation, and maybe the revocation of the driver's hack license.

vol 08-21-13 10:15 AM

Quote:

Originally Posted by FBinNY (Post 15983958)
The only way to get these aggressive, and just plain crazy drivers off the streets is to file complaints after incidents. You need the cab number, and because there are different drivers for each cab, the time and place of the incident. A description of the driver or his hack license number can also help, but aren't critical.

Describe the incident is a clear concise form, include the place, time and car number and mail it off to the TLC. They don't investigate every complaint, but they do track them and over time a pattern of complaints will spur an investigation, and maybe the revocation of the driver's hack license.

This is the violation record of the driver (copied from here):

Rap sheet: The cab driver's unsafe record since 2010
April 2010: Licensed to be a cab driver
October 2010: Involved in an accident with an injury in Manhattan
November 2010: Fined $50 for improper use of a bus lane
February 2011: Fined $115 for going 65mph in a 45mph zone in Manhattan. Four points on his license
June 2011: Fined $50 for making an improper turn in Manhattan. Two points on license
October 2011: Fined $200 for passing a red light in Manhattan. Three points on license
October 2011: Fined $125 for not activating his meter on a trip to Newark Airport – a TLC violation
July 2012: Fined $350 for a stationary traffic violation and for smoking in cab
May 2013: Fined $100 for a taxi stand violation
Sources: State Department of Motor Vehicles / NYC Taxi and Limousine Commission


I suppose each record was the result of a thorough investigation and proof by cameras etc., or witnessed by the cops directly? If several people filed complaints about a same driver of deliberate swiping cyclists (but driver got away), how could the police eventually prove it in order to give the driver a ticket?

Looigi 08-21-13 10:16 AM

Quote:

Originally Posted by FBinNY (Post 15983958)
... There are 13,000 medallion cabs in NYC...

"...but there's only one that pays you, the Cash Cab."

vol 08-21-13 10:33 AM

Here is one reader's comment which got plenty of thumb-ups:

"Since bikes have been given top priority in NYC it's a wonder there haven't been more accidents and incidents. The whole idea was crazy from the get go, NYC is a car town, it's not Amsterdam. Sick of the sight of aggressive cyclists running red lights, endangering pedestrians, having no respect for the rules of the road or respect for others. This is one of nanny Bloombergs many idiotic schemes no doubt tied in to 'sustainable' green eco friendly environmental Agenda 21 BS.- gambino, new york, 21/8/2013 10:10"

"running red lights, endangering pedestrians, having no respect for the rules of the road or respect for others." Sounds like talking about cab drivers, short of adding cyclists to the victim group. Appalling blaming the cyclist for the accident.

FBinNY 08-21-13 10:41 AM

Quote:

Originally Posted by vol (Post 15984322)
This is the violation record of the driver....



I suppose each record was the result of a thorough investigation and proof by cameras etc., or witnessed by the cops directly? If several people filed complaints about a same driver of deliberate swiping cyclists (but driver got away), how could the police eventually prove it in order to give the driver a ticket?

Those are a record of police issued citations, except maybe the accident.

While he had no moving violations since oct. 2011 (the rest are Taxi technical violations) it really seems that the TLC should have taken away his hack license. (truck drivers with CDLs, would have lost theirs long before that).

The TLC keeps their own records of complaints, which are separate form the DMV citation record.

I no longer live within the city limits, but it seems New Yorkers should be asking the TLC if their heads are up their rear ends. Hopefully someone in NYC media will see a story here and do their best to embarrass the TLC enough to do their jobs.

There's a certain sad irony here. The TLC fines drivers and suspends hack licenses over stuff like improper dress, playing their radios loud enough ot "annoy" passengers, and other nonsense, but seems to be less concerned with how they actually drive.

I agree wholeheartedly that this guy is totally unqualified to be driving professionally in any capacity, and if the TLC is as concerned about the taxi riding public would have and should have taken his license, even if they had no regard for other road users (and sidewalk users).
.

B. Carfree 08-21-13 11:56 AM

Quote:

Originally Posted by FBinNY (Post 15984456)
Those are a record of police issued citations, except maybe the accident.

While he had no moving violations since oct. 2011 (the rest are Taxi technical violations) it really seems that the TLC should have taken away his hack license. (truck drivers with CDLs, would have lost theirs long before that).

The TLC keeps their own records of complaints, which are separate form the DMV citation record.

I no longer live within the city limits, but it seems New Yorkers should be asking the TLC if their heads are up their rear ends. Hopefully someone in NYC media will see a story here and do their best to embarrass the TLC enough to do their jobs.

There's a certain sad irony here. The TLC fines drivers and suspends hack licenses over stuff like improper dress, playing their radios loud enough ot "annoy" passengers, and other nonsense, but seems to be less concerned with how they actually drive.

I agree wholeheartedly that this guy is totally unqualified to be driving professionally in any capacity, and if the TLC is as concerned about the taxi riding public would have and should have taken his license, even if they had no regard for other road users (and sidewalk users).
.

Don't be so sure. When I first got my class A in CA I was shocked to note that a driver didn't lose his/her CDL until the third at-fault fatal crash. The fines are slightly higher and the alcohol limits are lower than for class C, but there is still a high bar to revoke the license.

vol 08-21-13 08:33 PM

Quote:

Originally Posted by FBinNY (Post 15983174)
It isn't at all rare for criminal charges not to be filed immediately.

Update:

"NYPD Commissioner Ray Kelly today said: 'The investigation is going forward. Collisions, accident investigations take some time.'He also revealed that the driver could face criminal charges and police were looking for surveillance video so police could reconstruct what happened."

FBinNY 08-21-13 08:46 PM

Quote:

Originally Posted by vol (Post 15986474)
Update:

"NYPD Commissioner Ray Kelly today said: 'The investigation is going forward. Collisions, accident investigations take some time.'He also revealed that the driver could face criminal charges and police were looking for surveillance video so police could reconstruct what happened."

Yes, no matter what, there would have to be a criminal investigation because the cyclists story implies there was intent, and it might not be a simple accident. Odds are it'll go before the grand jury within a few weeks, unless video totally discredits the cyclist.

Problem is that it will take some solid evidence to refute the "I went for the brake, but my foot slipped and hit the gas instead" defense if the driver goes that route.

vol 08-21-13 09:19 PM

Quote:

Originally Posted by FBinNY (Post 15986506)
Problem is that it will take some solid evidence to refute the "I went for the brake, but my foot slipped and hit the gas instead" defense if the driver goes that route.

I saw a reader comment that said wearing flip-flops (which this driver was shown) while driving a taxi was against regulation or law; is that true?

FBinNY 08-21-13 09:33 PM

Quote:

Originally Posted by vol (Post 15986609)
I saw a reader comment that said wearing flip-flops (which this driver was shown) while driving a taxi was against regulation or law; is that true?

it might be. The TLC became a fascist organization some years back, and is highly focused on the image of taxi drivers. They've totally forgotten that taxis are independent business (either individually owned, or fleets), and keep micromanaging the taxi business, introducing all manner of petty regulations almost every day. I wouldn't be at all surprised if they had footwear standards, since they do have a dress code for drivers.

However, it seems they've neglected the minor issue of weeding out unsafe or unskilled drivers.

Chris516 09-14-13 04:31 AM

Quote:

Originally Posted by vol (Post 15983754)
It's possible some of us New Yorkers had crossed paths with this very cabbie and were harassed by him some way, given his history and attitude. I came to think of one crazy taxi driver that deliberately swiped me and yelled at me and wonder if that was him.

The poor woman may lose both of her legs.

This is such a sad story. A tourist doesn't travel 'across the pond', to get potentially life-threatening injuries.

zoslen 09-14-13 06:42 AM

It's a shame the driver hasn't charged for murder attemt

vol 11-14-13 11:01 PM

News update: No criminal charges against the cabbie.

vol 12-11-13 10:09 PM

British tourist forced to have her leg amputated after New York City cab jumped the curb and hit her is suing the city for $27million

"Green's $27.5 million city claim says that the driver's hack license should have been suspended before the August 20 accident because he had prior driving violations.
"The city Taxi and Limousine Commission has cited a now-fixed computer problem for the error." :notamused:

Chris516 12-12-13 12:08 AM

Quote:

Originally Posted by vol (Post 16323055)
British tourist forced to have her leg amputated after New York City cab jumped the curb and hit her is suing the city for $27million

"Green's $27.5 million city claim says that the driver's hack license should have been suspended before the August 20 accident because he had prior driving violations.
"The city Taxi and Limousine Commission has cited a now-fixed computer problem for the error." :notamused:

:notamused:

turbo1889 12-12-13 12:41 AM

Oh, yah, I believe that like I believe that like the one 911 call recording I pushed hard to get was "damaged during attempt to copy".

You know they are desperate and there is an active cover up in process when they start stooping to these levels.

vol 12-12-13 09:34 PM

Now I wonder how many drivers whose licenses are supposed to be suspended are still on the road due to computer errors. :rolleyes:

Chris516 12-13-13 12:18 AM

Quote:

Originally Posted by vol (Post 16325750)
Now I wonder how many drivers whose licenses are supposed to be suspended are still on the road due to computer errors. :rolleyes:

:thumb:


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