Arthur Peabody

October 15 in Aurora, CO https://denver.cbslocal.com/2020/10/...cyclist-leaves

Apparently just made the news.

Milton Keynes

He probably had important stuff to do in his urban assault vehicle. I'm just going to watch this thread and wait for all the people blaming the cyclist for the accident for riding in the crosswalk.

flangehead

For those of you in Texas: Though there is an effort underway to change the law (which I support), I understand that if you are riding on a crosswalk (as in this video) and are hit, the driver cannot be charged. They can only be charged if you are a pedestrian.

Dunno what the law is in CO.

Even if this happened in TX, it would still be a hit-and-run as there was failure to notify and render aid. (I had to look it up.)

From the Texas Transportation Code: SUBCHAPTER B. DUTIES FOLLOWING ACCIDENT Sec. 550.021. ACCIDENT INVOLVING PERSONAL INJURY OR DEATH.

(a) The operator of a vehicle involved in an accident that results or is reasonably likely to result in injury to or death of a person shall:

(1) immediately stop the vehicle at the scene of the accident or as close to the scene as possible;

(2) immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident;

(3) immediately determine whether a person is involved in the accident, and if a person is involved in the accident, whether that person requires aid; and

(4) remain at the scene of the accident until the operator complies with the requirements of Section 550.023. (DUTY TO GIVE INFORMATION AND RENDER AID)

flangehead

Gosh, wouldn't want you to be disappointed..

People know what "defensive driving" is, but the same general principles apply to all road users.

Two defensive drivers go into a bar. Nothing happens.
One defensive driver goes into a bar with an careless driver. Nothing happens.
Two careless drivers go into a bar...

I'm trying to work out a punchline. Any suggestions?

billridesbikes

Whaaaat? Who thought that was a good idea anyway?

Lemond1985

... they order drinks, and as the bartender serves them, he remarks, "We don't see a lot of careless drivers in here.". Careless driver says, "And with these prices, you won't see many more."

I just pray that this face is not the last thing I ever see on this earth. But in the meantime, I will take care to avoid riding in crosswalks at night.



"uh oh, I'm in big trouble now. my insurance is gonna go WAY up."

livedarklions

Colorado is definitely not Texas.

No law against riding in crosswalks in Colorado statutory law or Aurora ordinances. Colorado statute reads:

1. A person riding a bicycle or electrical assisted bicycle upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. A person riding a bicycle in a crosswalk shall do so in a manner that is safe for pedestrians.
2. A person shall not ride a bicycle or electrical assisted bicycle upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk where such use of bicycles or electrical assisted bicycles is prohibited by official traffic control devices or local ordinances. A person riding a bicycle or electrical assisted bicycle shall dismount before entering any crosswalk where required by official traffic control devices or local ordinances.
3. A person riding or walking a bicycle or electrical assisted bicycle upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk shall have all the rights and duties applicable to a pedestrian under the same circumstances, including, but not limited to, the rights and duties granted and required by section 42-4-802.

Note that 3 above means that the person riding the bicycle along a crosswalk has the same rights against being hit by a car as a pedestrian.

As there is no ordinance in Aurora forbidding bikes in crosswalks (I checked), it doesn't appear that #2 applies unless there was a sign indicating no bikes in that particular crosswalk. I seriously doubt that was the case.

flangehead

Probably no one, but it is a crack in the transportation code, so the Texas Legislature owns it. I met a cyclist who was hit in a crosswalk and the driver who attempted a right turn on red was not charged. I presume it is because she was not a pedestrian.

The right-of-way at crosswalks is addressed in Chapter 552 and it is all about pedestrians. https://statutes.capitol.texas.gov/D...htm/TN.552.htm

However, "(3) "Pedestrian" means a person on foot." https://statutes.capitol.texas.gov/D...htm/TN.541.htm

.. and they gotcha on the technicality...

Thanks for asking; the legislature will convene next year and I need to reconnect with the people pushing to change the law. Good reminder.

But at the end of the day, it really isn't about whether a motorist is charged with a misdemeanor. It is really about no one getting hurt. The Venn diagram of laws and safety only have a partial overlap..

Iride01 

Whether motorist, cyclist, runner, walker or whomever. A person involved in an accident whether at fault or not and leaves the scene without rendering aid or exchanging any information that might be required is scum. I'd hope that such persons get the more severe side of the laws for that jurisdiction.

Climb14er

He'll hopefully get caught and pay the price. I know that intersection, frankly, all over the Front Range here in Colorado, there are so many bike and motorcycle accidents, mostly perpetuated by moronic, drunk, stoned, texting drivers, it's pathetic! In all my many years living here, I'm actually fearful of riding, and I'm usually not to afraid of most things.

CB HI

Anyone here still not see the point of video recording your rides. The drivers insurance will have a very hard fight if they try to deny the cyclist claim. Driver will likely be caught this time and has some good evidence against him.

Daniel4

I would not be at all surprised if the defense of that man in the photo was to deny it was he who ran over the cyclist.

Here are two examples where the argument against camera footage seems incredible:

1)The defense of Gregory and Travis McMichael (accused of the killing of Ahmaud Arbery) was that they were being attacked by Arbery. Their lawyer said the 30sec of video did not tell the whole story what happened before.

2) The security guard whose body camera recorded his two hands pushing Raptors President, Masai Ujiri, right after the 2019 NBA championship game ended claimed it was Masai who pushed him.

rydabent

In any case lets hope the police can identify the scum and arrest him.

dragoonO1

I hope the cyclist victim may recover, and that the suspect hit-and-run driver may be identified and held accountable.

Milton Keynes

A camera for my bike is on my Christmas list.

Notso_fastLane

Anybody here live in the area? Know if there are any updates? The original story hasn't been updated.

GamblerGORD53

Cyclist couldn't figure out what's going on right in front of him?? WTF.
Plus it's night. DEFENSIVE riding is compulsory. TMO.

Lemond1985

I agree, but people will get get mad here if you point out anything wrong the victim, and this was a victim, may have done.

As a driver I have close calls all the time with people doing dumb stuff on bikes, esp at night, mostly salmoning and riding on sidewalks, ignoring traffic lights, etc. I don't really agree with the philosophy that a bike should be treated like a pedestrian whenever it happens to suit the rider. Nervous inexperienced riders do stuff like that all the time, thinking it's safer, but it's NOT! It's much more dangerous to be riding someplace where cars don't expect you to be.

Notso_fastLane

Oh, I get that. I'm extra alert for bikes and motorcycles, but some times, the IQ challenged still manage to almost make me hit them....

However, even if the cyclist was at fault, this driver got out, looked at the rider on the ground, then got back in his vehicle an left. If he had stuck around, he might have been able to convince the LEO that it was the cyclists fault, and looking at the video, it might be, but now, he's left the scene of an accident which is a bigger crime, and stupid.

vespasianus

Actually, even better than a camera is being a rich white guy.

Unca_Sam

Unfortunately, my experience tells me that you're not too far off.

If I'm riding in full kit on a 'serious' bike, I seem to get more room from drivers than when I'm JRA on my cherished Schwinn Deluxe Racer in street clothes. My speeds aren't significantly different from the drivers' POV regardless of what I'm riding, nor are my lights. The biggest cues would be clothing and posture, and I believe that the more I look like a bum and less like a person with moderate disposable income, the less considerate the drivers will be.

rydabent

News papers in the area need to paste his picture in their paper till he is identified.

ls01

You keep your day job? Badumbum.

Kat12

I admit I have yet to figure out why a car that wouldn't see a cyclist on a sidewalk/in a crosswalk would be any more likely to see me as a pedestrian, since a person walking is smaller (and probably less visible) than a person on a bike...

rydabent

Does anyone know if he has been arrested?

With the absolutely clear picture of the driver, I find it amazing that he has not been found or turn in!!!!