Tag Archives: seriously how often does this happen

Couple killed while walking on sidewalk

From the never-ending Are Cars Dangerous? and Seriously, how often does this happen? files:

[Final result, seemingly inexplicably, the driver was never charged with any crime, and never issued and citation in connection with the incident]

Randy and Doris Bjerken, of Palmer, Alaska were in town visiting Randy’s dad… out for a stroll at 10AM on Mother’s Day when. BAM! An SUV jumps the curb and wipes them out.

Police say the driver, Andrew Whalen, 23, fell asleep during the May 8 incident and are recommending neg hom charges. Continue reading Couple killed while walking on sidewalk

Are Cars Dangerous?

Superhuman-sized objects moving at superhuman speeds are dangerous. Inherently. But who bears this danger? Motorist liability insurance is one supposed motivator; in theory motorists are supposed to bear the cost of the risks they are inflicting on others, but has many limitations (see e.g. The Disneyland Model). In reality this risk-spreading ends up socializing the costs of driving — paid for by others, subsidized, also called an externality. Thus we get more driving, because it is artificially cheap, and more traffic death and destruction.

It is worth pointing out to nervous cyclists that the large majority of traffic death and destruction is done by drivers of automobiles to other motorists (see, e.g. the chart here). This is to be expected, of course, since the large majority of traffic is motoring.

Here are a couple of  recent, local incidents… out of control “accidents” all —

Girl critically injured, was standing on the sidewalk, May 6, 2011: Deette Lynn Perry, 54, was arrested Friday after she was discharged from the hospital, where she had been admitted following the May 6 incident, Sgt. Steve Martos of the Phoenix Police Department said. Perry was in a 2004 Nissan Altima near Thomas Road and 23rd Avenue when she drove onto the sidewalk and struck a 17-year-old girl, Martos said. Police suspect Perry was impaired by drugs, Martos said. The girl suffered a fractured pelvis and severe head injuries, Martos said.

Another:

Tourist killed at Phoenix intersection The Arizona Republic, Glen Creno – Aug. 19, 2010

An Australian tourist crossing a Phoenix street was killed late Tuesday when a sport-utility vehicle slammed into him, authorities said Wednesday…The SUV was moving so fast the victim was dismembered by the impact. Witnesses told police the vehicle apparently ran a red light…Ramzy Khalil, 29, of New South Wales, Continue reading Are Cars Dangerous?

Mionske: Can’t we do better?

In Bob Mionske’s Nov 20th column, Can’t we do better?, he asks “What do you think can be done about cyclist safety?”…

2007 Fatals by type

This may sound trite but, to improve cyclist’s safety I think the best thing to do is focus on improving traffic safety.  I know it’s easy to read yet another apparent case of a negligent motorist hurting/killing a cyclist, getting off scot free and then feeling that “the system” is stacked against cyclists. But this loses sight of the fact that the problem isn’t limited to cyclists as victims, all categories of motorist’s victims, including other motorists, are treated just as shabbily. Cyclists’ fatalities represent less than 2% of the 41,059 traffic deaths (NHTSA 2007 Traffic Safety Annual Assessment – Highlights)

There are other, far larger, constituencies who are also subject to these same injustices; pedestrians, motorcycle operators, and the largest of all; passengers and innocent drivers. These groups — which includes just about everybody — are all victims of negligent drivers.

So the key, in my view, to tightening up laws which would actually punish negligent drivers is to broaden to appeal beyond the tiny community of active bicyclists to involve as many of these other groups as possible.

So without this becoming a laundry list — consider for example victim Lance Adams who was killed in Mesa, AZ April 2005 WHILE WALKING ON THE SIDEWALK… no criminal charges(prosecutor says “no likelihood of conviction”), no citations. Matthew Hayes Peterson said he blacked out, causing his vehicle to jump the curb. The young man who killed Lance had a previous speeding violation, and somewhat incredulously was ticketed for speeding again on Dec 14 (90mph! in a 65. As of story Feb 1, the outcome of that ticket was still pending).Prosecutors won’t seek criminal charges against a 21-year-old driver who ran over a Mountain View High School student last year, saying there isn’t enough evidence to prove he was impaired.


DRIVER WON’T BE CHARGED IN STUDENT DEATH

Jim Walsh. Arizona Republic.  Jan 31, 2006.

Lance Adams, 15, was walking home from school on a sidewalk April 11 when he was struck and killed by an SUV driven by Matthew Hayes Peterson.

Mesa police sought manslaughter charges in late December after obtaining long-delayed test results from the Arizona Department of Public Safety’s crime lab on drugs found in Peterson’s system.

But Krystal Garza, a spokeswoman for Maricopa County Attorney Andrew Thomas, said in a statement that the case was sent back recently to Mesa police.

“Based on the information submitted to date, we don’t believe there is a reasonable likelihood of conviction,” Garza wrote. “One factor in this decision was there were no signs of impairment that could be tied to any substance, legal or illegal, in the suspect’s system.”

Peterson told police after the collision that he blacked out before his 2000 Toyota RAV4 jumped a curb in the 1400 block of North Lindsay Road and struck Adams.

The lab tests measured the amount of marijuana metabolite found in Peterson’s system, along with two prescription drugs identified by police as propoxyphene, a narcotic pain reliever and zolpidem, a sleeping medication.

[oddly, they listed the chemical names. The two prescription drugs found in Peterson’s system are commonly known by their brand names; Darvon, and Ambien. One wonders if Peterson had a prescription? What about the warnings, did Peterson heed them?]

Heed the warnings?

Ambien/zolpidem Warnings : “Patients should be cautioned against engaging in hazardous occupations requiring complete mental alertness or motor coordination such as operating machinery or driving a motor vehicle after ingesting the drug, including potential impairment of the performance of such activities that may occur the day following ingestion of Ambien”

Darvon/Propoxyphene Warnings: … may impair the mental and/or physical abilities required for the performance of potentially hazardous tasks, such as driving a car…”

Double Jeopardy and Flawed Logic

ARS §28-1592 specifies the time limit for bringing a civil traffic violation. Sort of like the “statute of limitations” for traffic tickets. The normal limit is 60/90 days, but for alleged violations when there is a wreck and investigation the limit is 180 days, and extends to a full year if a fatality is involved.

The rub is that police (cities? jurisdictions?) won’t issue complaints for a traffic violation if there is any sort of ongoing investigation, an incipient neg hom/manslaughter charge for example… and these things do seem like they can drag on forever. They appear to do this in an overabundance of caution — claiming “double jeopardy” issues. As far as I can tell there can be no double jeopardy between civil and criminal.

The end result is that drivers who would clearly be found responsible for a traffic infraction frequently end up getting off scot free; when the criminal case falls through for whatever reason. See e.g. Kandas. Or sometimes it is just an oversight on the part of police. It seems clear that the driver responsible for the Eades fatality could have / should have been cited for §28-701 “failure to control”.

Talk about getting away with murder…

Yet police didn’t confiscate her driver’s license. Had this been a DUI case, Sgt. Joel Tranter told me, they would have taken it and notified the state Motor Vehicle Division so it could administratively suspend Gilbert’s license. But police don’t pursue DUI charges in manslaughter cases, for fear of jeopardizing the more serious charges.

“The (administrative suspension) law does not apply to homicide or aggravated assault cases because those are criminal,” Tranter explained. “They aren’t traffic investigations.”

In other words, if you drive drunk, you lose your license. But if you drive drunk and kill someone, you can keep driving.

Hentoff [the victim’s family’s attorney] calls the police department’s interpretation of the law “absolutely flawed logic.”

Driver in DUI-death case still at the wheel, Laurie Roberts, The Arizona Republic. Aug. 25, 2007

We’ve heard this double jeopardy business before from the police department, Continue reading Double Jeopardy and Flawed Logic