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Founder of Yuma Bike Club killed in head-on collision
Posted on August 17th, 2010 5 commentsA one-year statute of limitations for issuance of civil traffic violations looms. If you believe the police should take action please contact the Somerton Police Department by fax, mail, phone, or email (or all of the above!)
Cyclist Doug Flynn was killed, and at least one more rider injured, in a head-on collision last year (Sept 24, 2009) by a driver trying to pass a large farm tractor on a two lane roadway.
[for a line-item on each fatality since 2009; follow this link]A tribute to Doug posted on the YBC’s website reads “Yuma Bike Club is shocked and saddened by the tragic loss of our founder, friend, and competitor, Doug Flynn, who was struck down in a horrific accident while on the club ride the morning of September 24th. He was a very, very good man, husband, and father”
According to an article in the Yuma Sun, Someton police spokesman “…said the vehicle, driven by a 25-year-old Somerton woman, tried to pass a tractor pulling a farm implement in a legal passing zone.”
I believe this is the approximate location of the collision [google maps], apparently Madison Street is the same as W County 15th St. The cyclists were westbound approaching Somerton Avenue.
The collision occurred in Somerton in the 300 block of E Madison Street, Somerton, AZ. The investigation was conducted by the Somerton Police Department. I obtained a copy of the report; the report and investigation appears to be of good quality.
A warrant was obtained to do a blood draw on the driver, though no impairment was suspected. Ultimately the Yuma County Prosecutor declined to press criminal charges based on negative blood test results and on 2/24/2009 the case was closed by SPD. (so, 5 months, which is probably about average).
The mechanics of the collision appear to be beyond dispute — The driver of an eastbound car was following a large farm implement and decided to pass. Soon after she entered the oncoming lane she collided with one or more westbound cyclists. From the report:
“[the driver]stated that there was a right to pass and so she did. [she] stated that while she was attempting to pass the tractor that the glare from the sunlight began to get in her face but that she did not see anyone. [She] stated that as she was passing in the left lane she began to press on the gas pedal when she saw the bicyclist (Flynn) right in front of her.”
Under section 19 of the Arizona Crash Report, “violation/behavior” the investigating officer (correctly, and consistent with the narrative) noted that the cyclist was “no improper action” and the motorist was “other unsafe passing”.
Somerton police have inexplicably declined to cite the driver, despite what appears to me to be readily apparent evidence that she is responsible for violating some civil traffic law:
§28-725. Limitations on overtaking on the left
A person shall not drive a vehicle to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completed without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. The overtaking vehicle shall return to the right-hand side of the roadway before coming within one hundred feet of any vehicle approaching from the opposite direction.
Sun glare — I couldn’t find sunrise tables for Yuma, but in Phoenix that day sunrise would have been at 6:18a. The collision occurred at 6:40a, thus it was not nighttime. Sun glare was undoubtedly a factor, but it does not relieve anyone of their responsibilities.
In crash analysis literature this is referred to as LBFS, “looked but failed to see“, causation. Defined as “the involved road users having looked in the appropriate direction(s) but failed to see the person or vehicle with whom/which they collided”, from e.g. this British Dept. for Transport study.
If the driver was so blinded by the sun glare; she obviously could not tell whether or not the left side was “clearly visible” (as it was clearly not), and she obviously, as is self-evident from the tragic outcome, “interfered with the safe operation” of oncoming traffic.
If illegal passing isn’t indicated for some reason that I am not appreciating, Arizona’s basic speed law is very broad:
§28-701. Reasonable and prudent speed; prima facie evidence; exceptions
A. A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing. A person shall control the speed of a vehicle as necessary to avoid colliding with any object, person, vehicle or other conveyance on, entering or adjacent to the highway in compliance with legal requirements and the duty of all persons to exercise reasonable care for the protection of others.
The driver obviously did not control her speed, since she could not avoid colliding.
Other oddities
The driver of the tractor did not stop. It is not clear if that is because he was unaware or just what; furthermore, the police report makes no mention of this. It seems like he would not have been hard to locate. Weird.
In any event, it appears the tractor was not (directly) involved in the collision, so would have no duty to stop, that is to say there was no hit-and-run; or at least from what I make of it.
fact, under “violation/behavior” the investigating officer (correctly) noted that the cyclist was “no improper action” and the motorist was “other unsafe passing”.5 responses to “Founder of Yuma Bike Club killed in head-on collision”
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If you can’t see, the speed limit is zero. So besides illegal passing, the woman was also speeding.
By not citing the woman, the police are hurting the whole bicyclist cause.
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Ralph Durham July 14th, 2010 at 15:32
The two bad parts about not citing are: The driver gets no feeling they should have done something different. It wasn’t my fault and there for an accident not a concious decision to pass illegally. The chances of gettign civil remedies go down becasue teh person can argue that the police found no incorrect behaviour on the drivers fault.
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I do feel that the young woman that struck Doug will always feel the guilt of her actions. She passed the lead cyclist, struck Doug (who was second),and the third was hit with Doug’s bike. If the pelaton of riders were closer, there could have been more injuries. The driver of the farm implement didn’t even stop.
As far as citation, would she have been cited if some kind of motorized vehicle had been struck?
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This is yet another tragic cycling accident. However, I cannot help but wonder if she had struck another car head on instead of a cyclist would the results of the investigation have been different? As a member of YBC and manager of the youth cycling team I am very familiar with the route Doug and the others were riding that day. We ride that route routinely and due to agricultural traffic we “spread out” the peloton to single file with spacing between groups. However, what about the farm vehicle? There are broad dirt shoulders and there was no need for the tractor to even be on the road way. Yet they routinely take the entire road. It is common occurance in Yuma for tractors to NOT yeild to vehicle traffic. I wish more people would look into this accident as some serious changes need to be made before someone else gets injured.
We all miss Doug…but his death will not have been in vain if there are changes made to make the road safer for cyclist!
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azbikelaw August 18th, 2010 at 17:09
As of today I’ve heard nothing further other than to acknowledge the receipt of my inquiry. That was weeks ago…
——– Original Message ——–
Subject: RE: Follow up on Doug Flynn fatality
From: “Michelle Magana”
Date: Tue, July 20, 2010 8:29 am
To: “‘Ed Beighe’”Good Morning Mr. Beighe,
I did receive your e-mail and I will be discussing this matter with Chief Cotman. Any updated information I will let you know.
Thank you,
M. Magana 027
Patrol Lt.
City of Somerton
445 E. Main St. / P. O. Box 477
(928) 722-7300 / (928) 722-7315 (fax)
MichelleM@cityofsomerton.com—————————————————————-
From: Ed Beighe [mailto:ed@azbikelaw.org]
Sent: Monday, July 19, 2010 11:17 PM
To: michellem@cityofsomerton.com
Subject: Re: Follow up on Doug Flynn fatality
Lt. Magana,
I’m not in any rush for results here, but since I hadn’t heard anything back, and can’t be sure that you received my email. I do want to ensure that you are aware of the situation
(cc: by fax: (928) 722-7315)
—– Original Message —–
From: Ed Beighe
To: michellem@cityofsomerton.com
Sent: Wednesday, July 14, 2010 12:09 PM
Subject: Follow up on Doug Flynn fatality
Lieutenant Michelle Magana
Somerton Police Department
Dear Lt. Magana,
As part of a project to examine records for each bicycling fatality ocurring in Arizona in 2009, I recently requested and received a copy of the crash report conducted by your department in connection with the death of bicyclist Doug Flynn, agency report number 20093780.
(if you are interested in more details about the overall project, please see http://azbikelaw.org/blog/fatality-grid/ )
First I would like to thank your department for the expedient and efficient response to my request for these records. And second I would like to complement the thoroughness, clarity and professionalism of the investigation and report (I’ve been seeing a lot of these reports from a lot of agencies, and let me tell you the quality varies a lot).
I was particularly glad to see that the effort was taken to obtain a warrant to test the driver.
At the conclusion of the report; I fully understand that the Yuma County Attorney declined to bring criminal charges.
What I do not understand is why no civil traffic citations were issued.
Under section 19 of the Arizona Crash Report, “violation/behavior” the investigating officer (consistent with the narrative, and correctly in my view) noted that the cyclist behavior was “no improper action” while the motorist was “other unsafe passing”.
A word about the accidental nature of this incident: No one is suggesting that it was anything but accidental. This is totally irrelevent for the purposes of civil traffic violations. The cyclist(s) were lawfully present; or at least there is nothing in the narrative to suggest otherwise, and behavior of “no improper action”. Obscured view, for example sun glare, does not relieve drivers of their responsibility; drivers who can’t see have a duty to slow down, or to choose not to pass in the first place. If they breech this duty they have violated a statute.
Please review this incident and issue appropriate citations. Pursuant to 28-1592, citations may be issued up until September 23 of this year, since the investigation invovled death.
Regards,
Ed Beighe
azbikelaw.org
Coalition of Arizona Bicyclists http://www.cazbike.org
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Derek July 13th, 2010 at 08:29