Comments on: Founder of Yuma Bike Club killed in head-on collision http://azbikelaw.org/blog/founder-of-yuma-bike-club-killed-in-head-on-collision/ Cycling, traffic safety and legal topics; energy, transit and transportion economics Wed, 08 Feb 2012 15:34:11 +0000 hourly 1 http://wordpress.org/?v=3.3 By: Jay http://azbikelaw.org/blog/founder-of-yuma-bike-club-killed-in-head-on-collision/comment-page-1/#comment-10852 Jay Tue, 25 Oct 2011 03:24:32 +0000 http://azbikelaw.org/blog/?p=1274#comment-10852 Another instance of a cyclist being killed by a negligent (nothing accidental about this incident) driver, and another instance of the driver getting away with it. I expect the driver to try to get away with it, and I unfortunately have come to expect the police to effectively sweep the event under the carpet. What I don't understand about this case is why a family member didn't enlist the services of a lawyer to pursue charges, both criminal and civil. And why did a fellow Sun reporter not investigate this incident. That's their job, particularly when investigators shrug off their duty. Clearly the police dropped the ball in this investigation, and would have been satisfied to leave it at that had the OP not followed up as he did. If this were my brother/father/friend/co-worker/etc., I would have been all over the police until they did their job and all over the driver until she was convicted of the most serious chargethat could be pinned on her. Many/most crashes are not accidents. They are often caused by irresponsible, negligent behavior on the part of at least one person. When I read about this kind of outcome, it feels as if the importance of cyclists to drivers, police, and the courts ranks very close to that of roadkill. Perhaps a dead cyclist requires a bit more paperwork. And they aren't left in the ditch on the side of the road. Other than those distinctions, I think it's an accurate assessment of the status cyclists are extended. Another instance of a cyclist being killed by a negligent (nothing accidental about this incident) driver, and another instance of the driver getting away with it. I expect the driver to try to get away with it, and I unfortunately have come to expect the police to effectively sweep the event under the carpet. What I don’t understand about this case is why a family member didn’t enlist the services of a lawyer to pursue charges, both criminal and civil. And why did a fellow Sun reporter not investigate this incident. That’s their job, particularly when investigators shrug off their duty. Clearly the police dropped the ball in this investigation, and would have been satisfied to leave it at that had the OP not followed up as he did. If this were my brother/father/friend/co-worker/etc., I would have been all over the police until they did their job and all over the driver until she was convicted of the most serious chargethat could be pinned on her. Many/most crashes are not accidents. They are often caused by irresponsible, negligent behavior on the part of at least one person. When I read about this kind of outcome, it feels as if the importance of cyclists to drivers, police, and the courts ranks very close to that of roadkill. Perhaps a dead cyclist requires a bit more paperwork. And they aren’t left in the ditch on the side of the road. Other than those distinctions, I think it’s an accurate assessment of the status cyclists are extended.

]]> By: Suzanne http://azbikelaw.org/blog/founder-of-yuma-bike-club-killed-in-head-on-collision/comment-page-1/#comment-5318 Suzanne Wed, 03 Nov 2010 04:05:52 +0000 http://azbikelaw.org/blog/?p=1274#comment-5318 Thank you Mr. Beighe for pursuing this. I find it incredible that a man was killed and we never heard another thing about it, especially considering that he worked for the Yuma Sun. I'm a Somerton resident, ride that road all the time, and the farm implements are huge and stick out well past the center line. There is NO way I would ever try to pass something so big with the sun in my eyes. Does anyone know if the "25 year old Somerton woman" was an illegal? Probably the reason the tractor driver didn't stop. For those unfamiliar with the area, Somerton is a border town. I'll keep an eye on this page, not holding my breath for any info from the Sun. Makes me cry every time I pass Doug's "share the road" bicycle on Hwy 95 and I didn't even know him. A girl 2 years ahead of me in school was just killed in May by a trash truck in Scottsdale. That driver "did not see" her either but is not getting away with it. Thank you Mr. Beighe for pursuing this. I find it incredible that a man was killed and we never heard another thing about it, especially considering that he worked for the Yuma Sun. I’m a Somerton resident, ride that road all the time, and the farm implements are huge and stick out well past the center line. There is NO way I would ever try to pass something so big with the sun in my eyes. Does anyone know if the “25 year old Somerton woman” was an illegal? Probably the reason the tractor driver didn’t stop. For those unfamiliar with the area, Somerton is a border town. I’ll keep an eye on this page, not holding my breath for any info from the Sun. Makes me cry every time I pass Doug’s “share the road” bicycle on Hwy 95 and I didn’t even know him. A girl 2 years ahead of me in school was just killed in May by a trash truck in Scottsdale. That driver “did not see” her either but is not getting away with it.

]]> By: Scott http://azbikelaw.org/blog/founder-of-yuma-bike-club-killed-in-head-on-collision/comment-page-1/#comment-4287 Scott Fri, 24 Sep 2010 12:45:52 +0000 http://azbikelaw.org/blog/?p=1274#comment-4287 Mr. Beighe, As one of Doug's brothers, I think I speak for all when I say thank you for pursuing this further. I for one have wondered why a citation wasn't issued to begin with. Had the driver struck a motorist, I don't think there would have been any hesitation in issuing a citation or even more severe charges such as vehicular manslaughter. Without trying to sound vengeful, I think the circumstances of the accident merit at the least a citation. Regardless, we must all remember Doug, and other cyclists, and move forward and try to change the broken or overlooked parts of the system. I think your persistence in this case will help us move forward. So, please keep up the good work and thanks again. Mr. Beighe, As one of Doug’s brothers, I think I speak for all when I say thank you for pursuing this further. I for one have wondered why a citation wasn’t issued to begin with. Had the driver struck a motorist, I don’t think there would have been any hesitation in issuing a citation or even more severe charges such as vehicular manslaughter. Without trying to sound vengeful, I think the circumstances of the accident merit at the least a citation.
Regardless, we must all remember Doug, and other cyclists, and move forward and try to change the broken or overlooked parts of the system. I think your persistence in this case will help us move forward. So, please keep up the good work and thanks again.

]]> By: Dad http://azbikelaw.org/blog/founder-of-yuma-bike-club-killed-in-head-on-collision/comment-page-1/#comment-4275 Dad Fri, 24 Sep 2010 02:53:58 +0000 http://azbikelaw.org/blog/?p=1274#comment-4275 Thank you for your efforts. It looks as if the citation was filed as a direct result of your inquiry. Although Doug's family realizes this was an accident and has no ill will toward the young woman, we do want to see the proper precedent set for the protection of other cyclists. Doug's Dad. Thank you for your efforts. It looks as if the citation was filed as a direct result of your inquiry. Although Doug’s family realizes this was an accident and has no ill will toward the young woman, we do want to see the proper precedent set for the protection of other cyclists. Doug’s Dad.

]]> By: azbikelaw http://azbikelaw.org/blog/founder-of-yuma-bike-club-killed-in-head-on-collision/comment-page-1/#comment-3781 azbikelaw Thu, 19 Aug 2010 00:09:47 +0000 http://azbikelaw.org/blog/?p=1274#comment-3781 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" <MichelleM@CityOfSomerton.com> Date: Tue, July 20, 2010 8:29 am To: "'Ed Beighe'" <ed@azbikelaw.org> 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 www.cazbike.org 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

]]> By: John http://azbikelaw.org/blog/founder-of-yuma-bike-club-killed-in-head-on-collision/comment-page-1/#comment-3535 John Fri, 23 Jul 2010 18:09:43 +0000 http://azbikelaw.org/blog/?p=1274#comment-3535 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! 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!

]]> By: CJ http://azbikelaw.org/blog/founder-of-yuma-bike-club-killed-in-head-on-collision/comment-page-1/#comment-3506 CJ Mon, 19 Jul 2010 17:36:32 +0000 http://azbikelaw.org/blog/?p=1274#comment-3506 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? 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?

]]> By: Ralph Durham http://azbikelaw.org/blog/founder-of-yuma-bike-club-killed-in-head-on-collision/comment-page-1/#comment-3467 Ralph Durham Wed, 14 Jul 2010 22:32:00 +0000 http://azbikelaw.org/blog/?p=1274#comment-3467 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. 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.

]]> By: Derek http://azbikelaw.org/blog/founder-of-yuma-bike-club-killed-in-head-on-collision/comment-page-1/#comment-3453 Derek Tue, 13 Jul 2010 15:29:33 +0000 http://azbikelaw.org/blog/?p=1274#comment-3453 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. 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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