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Roadie's probable recklessness leaves a woman brain dead

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Old 09-22-14, 12:52 PM
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Just bad luck. Woman didnt wanna die by being reckless, neither did this roadie wanna kill her on purpose. **** happens. What if roadie died trying to avoid hitting that lady. Noone would scream lady should be jailed for killin roadie .
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Old 09-22-14, 01:09 PM
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Originally Posted by Joe Minton
The park rules are clear: at the time of the accident -- pedestrians have the right-of-way. Period. Doesn't matter whether the light was green or red; doesn't matter if the now-dead woman was in a crosswalk or not.

He hit her. He killed her. Her husband, children if any, and the cyclist himself will suffer. We are, most of us at least, empathetic with our fellows. Please apply your empathy to this tragedy. Consider that after all this chaotic rambling, blaming and agenda-applying we are now in the middle of, those folks directly involved will carry on without peace of mind for a very, very long time.

And consider what John Donne said so very many years ago: "Any man's death diminishes me because I am
involved in mankind; and therefore never send to know for whom the bell tolls; it tolls for thee. . . ."

Joe
Incorrect. Pedestrians do not have the "right of way" on a any street in the City of New York. There is a reason why we have crossing signals at the corner of every intersection, including Central Park. If a pedestrian is already in the "cross-walk", car traffic must yeild to the pedestrian, but that's a far cry from saying that "pedestrians have the right of way". Jay walking, a law that isn't enforced much, is still against the law in this City.

Central Park is a problem. they should install crossing guards at all the major intersections. But i doubt it will do any good. Problem w/Central Park and other parts of the City: too many people who aren't use to city life relocate here or visit here, thinking they are still back home. In the suburbs, there is false sense of safety that people get accustomed too: less cars, less people, life is slower, pedestrians have the right of way etc. It's not like that here. its a jungle, filled w/car, trucks, bike, motorcycles, and stupid people.

I ride CP all the time. It's great place to ride ur bike in a crunch. Some people ride fast and some people ride slow. I'd say that almost 99% of the time, the only people with a clue of what is going on around them are cyclists. Runners/pedestrians jaywalk along the park and the city w/imputinty. they are actually the biggest problem in my opinion.
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Old 09-22-14, 01:16 PM
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Originally Posted by WhyFi
wut. You're cracked. I lived about 4-5 blocks away from PP. On the weekends, I would have preferred to wrap up my ride by 9am, and people can swarm on particularly gorgeous evenings early in the spring or in the fall, but there's plenty of time during the week to get in a ride. Yes, you need to be aware of the occasional meandering park goer, but the conditions are no where even close to 'utterly maddening.'
I lived in Brooklyn within a few blocks of the park in various directions and apartments for better than 15 years until we moved a little less than 4 years ago, and I guess I just have a different opinion of it than you do. Between the families walking five abreast in whatever lane they chose, the Park Slope Peloton coming through in pacelines at high speed, people walking dogs on flexi-leashes, crowds of concertgoers ambling across the road and so on, it was manageable, but I could easily see how plenty of people could have plenty of accidents without anyone meaning anything ill. I look back and realize that accepting it as good was a reflection of how much everything else sucked on a bicycle in the city. Suffice it to say that I'm incredibly glad to have a different sort of environment in which to ride, and even in the final few years when we were in Kensington to the south of PP, I'd head south on Ocean Parkway to ride the belt parkway path instead of doing PP if I had the time.

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Old 09-22-14, 01:27 PM
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Originally Posted by UnfilteredDregs
Right, nevertheless there's a problem if the color of the light doesn't matter, it should not be okay for pedestrians to ignore lights in a shared facility. That indeed needs to be addressed because it renders the function of the safety appliances useless.

Pedestrians can have all the ROW in the world but if someone walks in front of my car at an intersection at the curb at the last second there's not much I could do about it.

If he had the light, was moving below the speed limit, had brakes on his bars, swerved into the car lane to avoid others ignoring the crosswalk light, and tragically hit her (ignoring the light as well), he's not guilty of anything, he did no wrong, maybe he did the best he could, at that point the fault and negligence that allows for such lies with the controls where their lack of effect allowed for the possibility of such a scenario.

You have to allow for such a possibility in this case, and it is irresponsible to allow the same conditions to remain without change if this possibility proves to be the case.
In fact, there's no information at this point to indicate that the pedestrians he was trying to avoid were even in the crosswalk.
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Old 09-22-14, 01:33 PM
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Originally Posted by 3alarmer
Where?!
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Old 09-22-14, 01:35 PM
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Originally Posted by 3alarmer
...if you look at the progression of the case of the Strava guy here in the SF Bay Area who killed a pedestrian in a crosswalk,
you'll notice a great deal of outcry and outrage in the initial stages, some delays in going to trial, and an eventual plea to avoid
jail time. The legal process handles such cases for first offenders similarly a lot of the time.

Insofar as I can tell, the incident here has had little effect on either enforcement of existing law, or the habits of either cyclists or pedestrians.

Some things seem to be beyond the available enforcement resources, unless and until they become more common in occurrence.


I think this is why I am dismayed that there is so much outcry over discussing the behavior here on a bike forum as somehow
a lynch mob or beyond the pale, in terms of this guy's rights to fair and impartial treatment.
If such things are not mentioned
here, where exactly will the debate over whether or not Strava racing in crowded urban conditions is at all appropriate take place ?


BTW, the A+S thread on this same incident was locked long ago, so kudos to the participants here for at least avoiding that level of bickering.
If "discussing the behavior" consists solely of speculation and accusations based on very little data from a transparently biased article then it is, at best, pointless axe grinding. All we know about the "behavior" is that it consisted of riding a bike in central park and hitting a pedestrian after avoiding others.
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Old 09-22-14, 01:39 PM
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Originally Posted by halfspeed
If "discussing the behavior" consists solely of speculation and accusations based on very little data from a transparently biased article then it is, at best, pointless axe grinding. All we know about the "behavior" is that it consisted of riding a bike in central park and hitting a pedestrian after avoiding others.
#harrumph
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Old 09-22-14, 01:51 PM
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What do you all make of the media's reporting of this incident with their incendiary description and innuendos, e.g.

- $4000 racing bike
- according to "alleged" witness, the cyclist "didn't look like he tried to stop"
- so far, the cyclist has not been charged in the "deadly collision"
- online training log (Strava) showed the cyclist has logged speed well over 25 MPH previously (hours before)
- people say cyclists in CP go over the 25 MPH limit all the time
- a beloved Connecticut mother struck by out-of-control cyclist

And I also found the more tabloid they are, the more sensationalistic they get.
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Old 09-22-14, 02:20 PM
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Originally Posted by halfspeed
If "discussing the behavior" consists solely of speculation and accusations based on very little data from a transparently biased article then it is, at best, pointless axe grinding. All we know about the "behavior" is that it consisted of riding a bike in central park and hitting a pedestrian after avoiding others.
...I think you might be missing an important aspect of Strava. #KOM
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Old 09-22-14, 02:22 PM
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Originally Posted by dalava
What do you all make of the media's reporting of this incident with their incendiary description and innuendos, e.g.

- $4000 racing bike
- according to "alleged" witness, the cyclist "didn't look like he tried to stop"
- so far, the cyclist has not been charged in the "deadly collision"
- online training log (Strava) showed the cyclist has logged speed well over 25 MPH previously (hours before)
- people say cyclists in CP go over the 25 MPH limit all the time
- a beloved Connecticut mother struck by out-of-control cyclist

And I also found the more tabloid they are, the more sensationalistic they get.
...again, I mention our own West coast version of a similar incident. The news coverage was quite the condemnation of bicyclists in general. Easily googled.
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Old 09-22-14, 02:25 PM
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Originally Posted by halfspeed
If "discussing the behavior" consists solely of speculation and accusations based on very little data from a transparently biased article then it is, at best, pointless axe grinding. All we know about the "behavior" is that it consisted of riding a bike in central park and hitting a pedestrian after avoiding others.
..BTW, I linked early on to another, slightly less sensational news article from the Gothamist.

https://www.bikeforums.net/road-cycli...l#post17144806
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Old 09-22-14, 02:53 PM
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Originally Posted by 3alarmer
..BTW, I linked early on to another, slightly less sensational news article from the Gothamist.

https://www.bikeforums.net/road-cycli...l#post17144806
Second hand at best. All the Gothamist does is report on articles by the NYpost, the Daily News, and "the media". There is no first hand information in the Gothamist article.
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Old 09-22-14, 03:36 PM
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Originally Posted by 3alarmer
...I think you might be missing an important aspect of Strava. #KOM
There's no evidence that Marshall was working on a Strava KOM at the time.
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Old 09-22-14, 03:43 PM
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Originally Posted by Joe Minton
The park rules are clear: at the time of the accident -- pedestrians have the right-of-way.
If traffic planners wished to give cyclists and carriage drivers that impression, one would think they'd make the walk/don't walks go black and make all traffic signals flashing red during those hours.

Last edited by LesterOfPuppets; 09-22-14 at 03:46 PM.
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Old 09-22-14, 03:45 PM
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Originally Posted by halfspeed
There's no evidence that Marshall was working on a Strava KOM at the time.
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Old 09-22-14, 03:53 PM
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Originally Posted by Elvo
He's not near any KOMs on any segments I saw. He's almost as slow as I am!
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Old 09-22-14, 03:53 PM
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This incident is unlikely to result in criminal charges and will probably end up as a lawsuit against Marshall and NYC that will take years to litigate. Any potential criminal charges will probably hinge on whether or not he acted "recklessly" as defined by NY State Penal Law, section 15.05:

3. "Recklessly." A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto.
I doubt his actions/inactions rise to the level of a gross deviation. However, legal precedents would apply here. Applying cases involving motor vehicles might be difficult to do and cases involving bicycles are probably sparse. Of course a prosecutor could make a unique argument applied to this incident to try and establish proof of a gross deviation.

If it CAN be determined that he acted recklessly, then he could possibly face a charge of 2nd degree Manslaughter:

Section 125.15 Manslaughter in the second degree.
A person is guilty of manslaughter in the second degree when:
1. He recklessly causes the death of another person;
Laws of NY: Laws of New York - Penal Law
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Old 09-22-14, 03:56 PM
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Originally Posted by Brian Ratliff
Second hand at best. All the Gothamist does is report on articles by the NYpost, the Daily News, and "the media". There is no first hand information in the Gothamist article.
Originally Posted by halfspeed
There's no evidence that Marshall was working on a Strava KOM at the time.
...at the risk of pointing out the obvious, this is not a court proceeding. It does appear that his ride was uplinked to Strava, but I'm
certain it's been either deleted or access denied at this point. That's what happened here in San Francisco.

Again, why is it so important to you that the behavior of Strava racing in crowded urban environments not be a topic for discussion ?

Do I need to start another thread ? Would that make you more comfortable with an uncomfortable topic ?
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Old 09-22-14, 03:58 PM
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Originally Posted by LesterOfPuppets
He's not near any KOMs on any segments I saw. He's almost as slow as I am!
...thus the problem. The slow guys try harder. #exceptme
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Old 09-22-14, 03:59 PM
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Not necessarily condemning the guy, but NYC is home to the "work hard/play hard" types that have to prove something every time they go out and do anything, be it at work or on their free time. You also see cyclists yelling at pedestrians constantly because they're interrupting the flow of their ride, etc. I personally have never enjoyed doing the CP loops for this very reason. It's just too unorganized and full of too many competing interests and I've got to say cyclists are just as bad as pedestrians at not staying to their designated lanes.
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Old 09-22-14, 03:59 PM
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Originally Posted by Vintage_Cyclist
.

If it CAN be determined that he acted recklessly, then he could possibly face a charge of 2nd degree Manslaughter:


...indeed, it was to a charge of manslaughter that our own Strava racer here on the West coast pled guilty to avoid jail time.
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Old 09-22-14, 04:17 PM
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Originally Posted by 3alarmer
...at the risk of pointing out the obvious, this is not a court proceeding. It does appear that his ride was uplinked to Strava, but I'm
certain it's been either deleted or access denied at this point. That's what happened here in San Francisco.

Again, why is it so important to you that the behavior of Strava racing in crowded urban environments not be a topic for discussion ?

Do I need to start another thread ? Would that make you more comfortable with an uncomfortable topic ?
You're incorrectly assuming a lot. I think Strava racing is ridiculous at best and I've written about it here before. I happen to agree with you about the hazards of Strava racing in inappropriate places and times.

What I'm saying here is that the rush to paint Marshall as a murderer (as has been done in this thread) simply because he's a roadie with a Strava account is exploiting a tragedy for the purposes of axe grinding. And that's tacky at best and wildly inappropriate at worst.
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Old 09-22-14, 04:17 PM
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Originally Posted by halfspeed
That explains it. Sax players are a bunch of arrogant a-hole elitists. Never would have happened if he was a viola player.
If he goes to prison, he'll be playing the skin flute.
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Old 09-22-14, 04:52 PM
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Originally Posted by Elvo
Excellent! I assume you've correlated the particular segment to the accident location and time?
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Old 09-22-14, 04:57 PM
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Originally Posted by halfspeed
Excellent! I assume you've correlated the particular segment to the accident location and time?
CPE to CPS encompasses the crash location and his top speed of all time on that segment is 19.9 mph, IIRC.

BUT, I think he's only warming up during that segment. He seems to hit much higher speeds when he's doing one of the loop segments.

Someone should make a 72nd to 60th segment or something like that.
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