[Update Nov 2017: moving ahead in Chandler Muni on misdy charges, see below]
[Update as of Oct 21, 2017; no charges, no nothing; nothing on caselookup??]
[Update May 2018; penalties for 28-672/5/6 were strengthened in response to this incident]
A July 19th AP story was somewhat more detailed with crash specifics “Tucson police say in a news release that the 65-year-old had been headed south on his bike along a road when he stopped for a red light. After the light turned green, police say he entered the intersection and was struck by a westbound sedan that ran a red light.”
June 7, 2016 ~ 5:30A 73 y.o. bicyclist Calvin Ray Sapp was killed after being struck by a hit-and-run driver in a bike lane — southbound on Higley Road midway between Ocotillo and Chandler Heights roads. A vehicle matching the description was found a short time later and a suspect was arrested. A later news story that evening said that the suspect “…told police he fell asleep and didn’t know what he hit. Officers said the bike and victim were dragged about 80 yards”. And carried some more-graphic pictures of the smashed in windshield. They also identified the Phoenix Police officer credited with finding the suspect vehicle.
4/14/2016 Bicyclist Donald Neu was killed riding westbound Riggs Road near Arizona Ave when he was struck by a driver who “drifted” into the rather wide, designated BL.
Note that, according to that description of events, the driver has “failed to keep proper lane” (§28-729) and should be charged with 28-672, a criminal misdemeanor — assuming other more-serious charges are ruled out. Are police (in this case, MSCO) aware of this? In this triple serious injury, they were.
28-735 is all well-and-good, and as far as I know can be “stacked” on 28-672, but it (28-735) is nothing more than a fine.
Arizona already has a law that functions very much like a “Vulnerable User Law“, it is applicable in virtually all cases where a driver causes a collision resulting in a pedestrian serious injury/fatality; and in many cases where the victim is a bicyclist.
On March 3, 2012 bicyclist Sean Mccarty was riding in a bike lane in north Scottsdale when a motorist for unknown or unstated reasons swerved or drifted partially from Lane 2 into the bike lane, striking and killing the bicyclist. Possible criminal actions on the part of the driver such as excessive speed, or impairment were quickly ruled out by investigators, and the motorist was very quickly issued two traffic citations, 28-735 (the “three foot” rule) and another for 28-815D (driving in a bike lane prohibited); and paid a fine of $420 . Very similar situations occurred in the fatal collisions of both Allen Johnson in Pima County, and Jerome Featherman in Green Valley. Continue reading Arizona already has a “Vulnerable User Law”→
The driver who police say caused the crash was cited for “Failure to Drive in the Proper Lane, and Causing Serious Physical Injury during a Moving Violation”. That second part would have to be 28-672, a minor criminal misdemeanor that has penalties that can include license suspension, and traffic survival school, as well as a small amount of restitution. I’m unclear what is particular statute the proper lane business refers to — 28-672 has a specific list of enabling violations. It would most likely be 28-729(1) which requires not moving from a lane unless it can be done safely. Crossing a double-yellow is also illegal (statute?), but that’s not a ‘672-enabler.
9/29/2015 05:25am 30 y.o. Daniel Wilson was struck and killed “riding east in the bike lane of Orange Grove Road approaching La Cholla Boulevard when he was struck from behind by an eastbound passenger car merging into the right turn lane,” Casa Adobes, AZ; apparently Pima Co Sheriff investigates there. [note this is not a “criss-cross” design; the BL projects straight ahead]
It would have been dark at 525a , and police confirmed the cyclist had a tailight, sunrise wasn’t until 6:16am this day.
If you click thru to the street view above, you’ll see the area has two thru lanes, a bike lane, and a very long right-turn-only lane. It’s not clear exactly where along the approach the collision occurred.