Aug 20, 2021
Hans Hughes was very seriously injured last month after being struck at a downtown Phoenix intersection (1st and Filmore). He subsequently succumbed to injuries. Police say a drunk driver ran a red light, striking the bicyclist, and then fled the scene. He was later arrested…
This is fishy; where is the media and why don’t they ask questions?? “The identity of the suspect was not released” (KTAR). As of late September 24th??!! wtf? These are very serious criminal accusations, felony hit-and-run and (likely) manslaughter (blowing a red light and kill someone is also a misdemeanor); someone has been arrested, why the secrecy?
Here’s what the ABC15 report said:
In August, a spokesperson for Phoenix police said the suspected driver ran a red light at First and Fillmore streets. That driver, who was not identified, was arrested and cited for DUI and failure to stop. [I realize now in hindsight, the “failure to stop” refers to a stop sign, I mistakenly thought it was shorthand for hit-and-run]
Update March 2022; we’re finally seeing some news reporting (but only from azcentral. Other outlets continue to miss this:
“Hughes was while biking home from work near First and Fillmore streets on the evening of Aug. 20. After several weeks in the hospital, Hughes died of his injuries on Sept. 21. Despite initially saying the driver had been issued citations for driving under the influence, Phoenix police as of Tuesday had not named the driver or announced an arrest in the case and have not explained why. ” — azcentral.com
Crash Report (#report)
Also, I just realized — there doesn’t appear to be a signal at 1st And Fillmore, it’s an all-way stop. Perhaps someone got mixed up between disregarding a stop sign vs. running a red light(?) and this wrong info got passed along to news media(?).
Anyway, see comment below for what is in crash database. There are other inconsistencies; I’m setting the “missing hit and run” tag. [Edited to add: There is no indication in the Police Report (see below) that the driver fled, the original media report referred to a “failure to stop”, I misunderstood that to have been referring to a hit-run.]
Crash data in database indicates a straightforward, right angle crash at intersection of 1st and Fillmore; both units have a stop sign (4-way stop intersection).
The Police Report
TL;DR A DUI driver crashed into Hans at right angles. The driver and passenger both said they stopped at the all way stop sign. There were no independent witnesses. The driver was processed and released immediately with a misdemeanor DUI, and a citation for running the stop. When no evidence could be found the driver ran the stop, that citation was dropped. The driver plead guilty to the misdemeanor DUI.
As distinct from the Arizona Crash Report, which contains just the databased info along with a terse narrative; I did order and receive the full departmental report well-after the case was closed; it took a couple of months to process (which apparently is an improvement for Phoenix PD records, see comment below).
It becomes apparent that police, within a few minutes of the incident decided to NOT treat it as a crime scene; apparently because someone from hospital staff told police Hans’ condition was not life threatening (and also probably because Hans was moving around when they initially arrived).
Much later, they went looking for more surveillance video that might indicate if the DUI driver caused the wreck or not, was by that time unavailable. It should have been apparent to police, long before Hans died, that the incident was serious, implying serious felony charges if the driver caused the crash. Another indication the police weren’t treating the incdied as serious is the driver was processed and release within a few minutes
The police report doesn’t have any clues as to why the arrested driver’s name was never released; nor how the mis-information that it was a red-light, and that the driver was suspected of running the red light.
here are a bunch of quotations from report; I redacted some names
DUI driver xxxxxx, xxxxxxxxx xxxxxx; born 1992 ARR/SUB PHX202108200120 SUMMONED / CITED NOT TAKEN INTO CUSTODY Charge FAILURE TO STOP AT A STOP SIGN, CIVIL DUI-IMPAIRED TO THE SLIGHTEST DEGREE, CRIMINAL TRAFFIC p10 "... I then made contact with SP1 (the driver) who had slurred speech and was acting a little suspicious... he admitted he had been drinking... I then conducted field sobriety tests... and placed SP1 under arrest for DUI" "I transported SP1 to the DUI van... SP1 was process for dui and then cited sp1 in lieu of detention. SP1 was released to a friend... It should be noted that V1 (the bicyclist) has possible facial fractures but at the time of this report we did not have that information". p.11 "... at 2308 (is that right? that's only 18 minutes after the crash?) Medical staff had intubated before... attending physician (said) Hans was in critical but stable condition. His CT scans were not finalized but staff said his injuries were not life threating.... Once I learned that Hans' injuries were not life threatening I contacted sergeant..." p.14 "It appeared that Hans may have developed a traumatic brain injury... and/or may have had other serious injuries... After receiving information from the hospital that it appears hans had suffered ... no life threatening injuries the scene was broken down" p.16 "there was no video evidence for this event from city buses. All data had been over written on every bus" -- (because they waited over a month!) p.17 "at 2340 I was present in the DUI van when ofc broght in (driver). I administered PBT ... and it came back .112 ... " There was a search warrant then, and a blood draw "...told me Hans did not have any life threating injuries just a possible face fracture. Due to nature of the injuries I advised ... that we should issue a citation in lieu of detention" p.24 W1 ... is passenger (and owner of the vehicle) "on 8/31/2021 (so 11 days after crash) I contacted next of kin Hana and provided her with an update. [the extent of the investigation at this point being that the driver was given a ticket for DUI and released; there was no further investigation] "On 9/21/2021 i received a call ... indicating victim hans hughes succumbed to his injuries from this collision. On 9/22/2021 I was assigned case detective for this incident" (there's a reference to 09/07 looking for surveillance from ASU building; is that the right date? ASU told him that camera wasn't working; a later reference also ASU was 9/27 when was told >30 days so no good; no other video was found) 9/27 interview by det. with the passenger/car owner, "they were WB Fillmore and came to a complete stop at 1st st....they proceeded forward and reached a speed of about 15miles per hour when they felt the impact from the left (driver's side)" "... I asked her to be honest with me and and tell me who was driving the car and she said (the guy who was arrested for DUI). (she) told me only her and (the guy) were in the vehicle when the collision occurred." Statement by AP1 (the guy who was arrested) "... I received a call from his attorney... indicating (he) would like to exercise his giht to remain silent" "A witness is heard on Ofc Gomez's body came stating he saw the Nissan come to a stop. (but) the witness left". conclusion "There are no statements or data to indicate if the bicycle stopped for the stop sign or not. Without such evidence no conclusion can be made to attribute any traffic violation to the traffic units involved" "the driver, passenger and an unknown witness indicated to officers that that the Nissan kicks stopped for the stop sign... but no witnesses remained on scene to aid in the investigation"
Statistical minutia
Hans died on 9/21/2021; making it more than 30 days after the crash. For statistical purposes, this doesn’t “count” for fatality reporting purposes in the federal FARS (Fatality Analysis Reporting System)
“To be included in this census of crashes, a crash had to involve a motor vehicle traveling on a trafficway customarily open to the public, and must result in the death of a person (occupant of a vehicle or a nonmotorist) within 30 days of the crash.” from DOT HS 811 137.
Reconfiguring Filmore
The death of Hughes appears to be the primary motivating factor in reconfiguring Filmore (example: “Victory!…this is a community win that honors the loss of Hans Hughes…”); despite his crash being unrelated to having anything to do with a bike lane, “protected” or not. (Hughes was north on 1st, while the driver was west on Filmore)
Here is the city project page: www.phoenix.gov/streets/fillmore
Most of the distance, from 1st to 7th Street (a little less than 1/2 mile) would have one travel lane removed that used to have Shared Lane Markings; to be replaced by a buffer bike lane with flex posts in the buffer. The few hundred feet from Central Ave to 1st St is more confusing; it’s much wider, and Filmore bends and shifts at Central.
Here’s a nice pic of newly painted BL and flexposts:
AWSC
Bicyclist collisions at 4-way stops (All Way Stop Controlled) are rare, and serious collisions are practically unheard of; see some stats here which relates to a 2023 bicyclist fatality at a 4-way stop in Tempe: bicyclist-killed-in-collision-at-college-alameda-4-way-stop
You are right to ask these questions. Too often, our local media fall down in doing their job when it comes to pedestrian and bicycle crashes.
It would appear having a ‘protected’ bike lane, or not, the manner of crash would have been un-related to Hughes’ death; in other words, no barrier would have stopped it.
https://twitter.com/phxspokespeople/status/1501284284623048707
“We’re going to get physically protected bike lanes from Central to 7th Street on Fillmore. This is where Hans Hughes was hit, and later died”
https://www.abc15.com/news/operation-safe-roads/more-protected-bike-lanes-coming-to-downtown-phoenix
“We mobilized and said, ‘Hey, this is a bicycle boulevard. Let’s put in protection where we know people have been hit and now killed,'” says Ryan Boyd, president of Urban Phoenix Project.
I can’t come to that conclusion. I think the addition of barriers protecting bike lanes (even at intersections, where they are often terminated with special signing and pavement markings such as green boxes) make a difference. I think they always help – whether the barrier is made up of plastic delineators (pylons that would not stop a vehicle) or a concrete “Jersey” barrier that could make a real difference – even with a drunk driver. Physical barriers alert drivers, even impaired drivers, that something is different. That they don’t own the road.
@Augsburg — it would depend on the manner of collision; barrier-protected bike lanes protect only against same-direction (or possibly wrong direction) motor traffic going straight ahead and a bicyclist is also going straight ahead… and not when turning and not at intersections.
I’ll find out more about this particular crash from the crash database probably within a couple of days. FINALLY (this crash happened over 6 months ago!) a news report (the Arizona Republic; none of the others, 12new, abc15, etc) leaked out some tell-tale info, this is all very irregular and probably indicated “problems” with the criminal end of things(?).
“Hughes was while biking home from work near First and Fillmore streets on the evening of Aug. 20. After several weeks in the hospital, Hughes died of his injuries on Sept. 21. Despite initially saying the driver had been issued citations for driving under the influence, Phoenix police as of Tuesday had not named the driver or announced an arrest in the case and have not explained why. ”
https://www.azcentral.com/story/news/local/phoenix/2022/03/08/phoenix-adding-protected-bike-lanes-after-death-beloved-cyclist/9425254002/
2021-08-20 ; ADOT incident = 3809762
Crash data in database indicates a straightforward, right angle crash at intersection of 1st and Fillmore.
Motorist: WB on Fillmore; “DISREGARDED_TRAFFIC_SIGNAL”(6) and FTY . The unit table seems to correctly indicate that both units had a stop sign (it’s an all-way stop according to google street view). The correct violation was presumable “RAN STOP SIGN” (5), which happens to be right next to that one the crash form so perhaps just a coding error that got circulated in the news media?
Bicyclist: NB on 1st St; violation “unknown” (that’s not really unusual)
The Hit and run flag is NOT set (why?)
And none of the suspected Alcohol, or testing flags are set (why?)
In addition to the 29 y.o. male driver, there was also a 27 y.o. female passenger. The vehicle was a grey Nissan hatchback.
Officer-estimated speed of the vehicle was 15 mph (this doesn’t really mean much).
The crash report was received by ADOT on 2021-09-09 . That would be unusually quick for a crash report where criminality is suspected. I have a suspicion that police treat non-fatal — despite being obviously very serious injury — collision investigations differently (less diligently) than known fatals. The victim in this case died several weeks later. (just to be clear: the crash report, and the police investigation are not necessarily connected; a criminal investigation/case can, and probably is, “open”; and corrections can and should be made to the database, although i have no idea how that process works?).
Here is a full dump of 3809762
*************************** 1. row *************************** IncidentID: 3809762 Microfilm: 0 ADOTReceivedDate: 2021-09-09 00:00:00 Status: 200 DataConv2008Flag: 0 IncidentDate: 2021-08-20 IncidentDateTime: 2021-08-20 22:50:00 IncidentYear: 2021 IncidentMonth: 8 IncidentDayOfWeek: 6 IncidentHour: 22 OfficerNcic: 723 OfficerId: 0 FileNumber: 202101300036 ExtendedNcic: 723 DamageOverLimitFlag: 0 PhotosTakenFlag: 0 PhotographerName: PhotographerID: 0 PhotographerAgency: InvestigatedAtSceneFlag: 0 DateTimeInvestigated: NULL CollisionManner: ANGLE_FRONT_TO_SIDE LightCondition: DARK_LIGHTED FirstHarmfulEvent: PEDALCYCLE FirstHarmfulLocation: BAD_VALUE_0 TotalUnits: 2 TotalMotorists: 2 TotalNonMotorists: 1 TotalInjuries: 1 TotalFatalities: 0 TotalMotoristsInjuries: 2 TotalNonMotoristsInjuries: 1 TotalMotoristsFatalities: 0 TotalNonMotoristsFatalities: 0 InjurySeverity: 4 MedicalTransportFlag: 0 FatalAccidentFlag: 0 TowAwayFlag: 0 NscReportable: BAD_VALUE_0 SchoolBusRelatedFlag: 0 WorkZoneRelatedFlag: 0 WorkersPresentFlag: 0 AlcoholInvolvementFlag: 1 DrugInvolvementFlag: 0 HazardousFlag: 0 HitAndRunFlag: 0 OnRoad: 07 FILLMORE ST CrossingFeature: 1st St Offset: 0 OffsetMeasuredFlag: 0 OffsetUnit: 0 MPNum: 0 MPOffset: 0 CityId: 214 CountyId: 13 StateId: 3 StateCode: AZ CountryCode: Latitude: 33.4545008881092 Longitude: -112.072568123712 ValidLocationFlag: 1 LocationToolVersion: HESIntersectionFlag: 0 IntersectionFlag: 1 IntersectionRouteID: 0 IntersectionATISCode: TrafficWayType: TWO_WAY_NOT_DIVIDED IntersectionType: NOT_REPORTED_255 JunctionRelation: Weather: PropertyDamageOwnerCode: PropertyDamageDescCode: 0 *************************** 1. row *************************** IncidentID: 3809762 UnitID: 2007692587 UnitNumber: 1 PersonID: 2011074482 PersonNumber: 1 PersonType: DRIVER ZipCode: 0 Age: 29 Sex: M SeatPosition: 11 SafetyDevice: SHOULDER_AND_LAP_BELT Airbag: InjuryStatus: UNKNOWN_99 Ejection: NOT_APPLICABLE_0 Extraction: NOT_APPLICABLE_0 NonMotoristLocation: NOT_REPORTED_255 AlcoholUseFlag: 0 BACResult: 0 TestTypeA: NO_TEST_0 DrugUseFlag: 0 DrugType: BAD_VALUE_0 TestTypeD: 0 TransportSource: NOT_TRANSPORTED_0 TransportedTo: InjuryArea: 0 InjuryDesc: 0 Violation1: DISREGARDED_TRAFFIC_SIGNAL Violation2: FAILED_TO_YIELD_RIGHT_OF_WAY_103 *************************** 2. row *************************** IncidentID: 3809762 UnitID: 2007692587 UnitNumber: 1 PersonID: 2011075010 PersonNumber: 2 PersonType: PASSENGER ZipCode: 0 Age: 27 Sex: F SeatPosition: 13 SafetyDevice: SHOULDER_AND_LAP_BELT Airbag: InjuryStatus: UNKNOWN_99 Ejection: NOT_APPLICABLE_0 Extraction: NOT_APPLICABLE_0 NonMotoristLocation: NOT_REPORTED_255 AlcoholUseFlag: 0 BACResult: 0 TestTypeA: NO_TEST_0 DrugUseFlag: 0 DrugType: BAD_VALUE_0 TestTypeD: 0 TransportSource: NOT_TRANSPORTED_0 TransportedTo: InjuryArea: 0 InjuryDesc: 0 Violation1: NOT_APPLICABLE_0 Violation2: NOT_APPLICABLE_0 *************************** 3. row *************************** IncidentID: 3809762 UnitID: 2007692588 UnitNumber: 2 PersonID: 2011074483 PersonNumber: 1 PersonType: PEDALCYCLIST ZipCode: 0 Age: 43 Sex: M SeatPosition: 255 SafetyDevice: HELMET_USED Airbag: InjuryStatus: INCAPACITATING_INJURY Ejection: NOT_APPLICABLE_0 Extraction: NOT_APPLICABLE_0 NonMotoristLocation: AlcoholUseFlag: 0 BACResult: 0 TestTypeA: NO_TEST_0 DrugUseFlag: 0 DrugType: BAD_VALUE_0 TestTypeD: 0 TransportSource: NOT_TRANSPORTED_0 TransportedTo: InjuryArea: 0 InjuryDesc: 0 Violation1: UNKNOWN_99 Violation2: NOT_APPLICABLE_0 *************************** 1. row *************************** IncidentID: 3809762 UnitID: 2007692587 UnitNumber: 1 UnitType: DRIVER TravelDirection: WEST RoadAlignment: STRAIGHT RoadGrade: LEVEL Lane: LANE_1 UnitAction: GOING_STRAIGHT_AHEAD MostHarmfulEvent: BAD_VALUE_0 HitAndRunFlag: 0 RoadCondition1: NO_CONTRIBUTING_CIRCUMSTANCES RoadCondition2: NO_CONTRIBUTING_CIRCUMSTANCES EnvConditionDesc1: No Contributing Circumstances EnvConditionDesc2: VehicleStateCode: AZ RegYear: 1 BodyStyleDesc: Passenger 5Dhb Hatchback 5 Dr MakeDesc: Niss Nissan ColorDesc: GRY_GRAY BusFlag: 0 GVWRFlag: 0 HazmatFlag: 0 PostedSpeed: 30 EstimatedSpeed: 15 DisabledFlag: 0 DamageArea: NONE_0 DefectDesc1: No Contributing Circumstances DefectDesc2: EventSequence1: PEDALCYCLE EventSequence2: BLANK_0 EventSequence3: BLANK_0 EventSequence4: BLANK_0 ControlType: STOP_SIGNS SurfaceCondition1: DRY *************************** 2. row *************************** IncidentID: 3809762 UnitID: 2007692588 UnitNumber: 2 UnitType: PEDALCYCLIST TravelDirection: NORTH RoadAlignment: STRAIGHT RoadGrade: LEVEL Lane: LANE_1 UnitAction: GOING_STRAIGHT_AHEAD MostHarmfulEvent: BAD_VALUE_0 HitAndRunFlag: 0 RoadCondition1: NO_CONTRIBUTING_CIRCUMSTANCES RoadCondition2: NO_CONTRIBUTING_CIRCUMSTANCES EnvConditionDesc1: No Contributing Circumstances EnvConditionDesc2: VehicleStateCode: NA RegYear: 0 BodyStyleDesc: Invalid MakeDesc: Invalid ColorDesc: BusFlag: 0 GVWRFlag: 0 HazmatFlag: 0 PostedSpeed: 0 EstimatedSpeed: 0 DisabledFlag: 0 DamageArea: NONE_0 DefectDesc1: DefectDesc2: EventSequence1: MOTOR_VEHICLE_IN_TRANSPORT EventSequence2: BLANK_0 EventSequence3: BLANK_0 EventSequence4: BLANK_0 ControlType: STOP_SIGNS SurfaceCondition1: DRYYes, here in the U.S. the thought is barrier-protected bike lanes protect from same direction crashes. That said, America’s conventional “wisdom” is not subscribed to in more advance countries where the rates of crashes with pedestrians and bicyclists are much, much lower.
We, here in North America, having been looking at the problem all wrong. Ages ago, Dutch and Danish road designers learned you do NOT mix cars and bikes UNLESS you treat the car as the interloper. For example, when a driver in a car crosses a bike plane at an intersection, the bike lane might be raised (like a speed table), letting the driver know they are to cautiously cross the cyclists path. Here in North America, we do the opposite, we treat the bicyclist as the unwanted guest – with devastating effect.
More and more in the U.S., experts in cities and counties have learned that in good road design, you need to focus on sending a message (in how the road is designed) to drivers that they are the ones responsible for the safety of everyone around them. Road design elements such as protected lanes, road diets, etc. This notion of “message” becomes so obvious, when you ride a bike in places like Amsterdam or Copenhagen (both places that still have lots of cars). When you ride there, it is like, what could we Americans be thinking of with our road design?!
Anyway, my point is that the actual effect of barrier-protected lanes goes far beyond preventing same-direction crashes. They send a message to drivers. I believe it is well established that if you send the right message to drivers, they respond accordingly.
Ordered Phx PD dept report thru their portal for first time; (note to self: used “login with google” option, using my regular gmail, and not @cazbike account).
https://phxpublicsafety.dynamics365portals.us/
The filenumber (which is in ADOT database) is in fact PPD number (verified on phone w/records)
Lady on phone said online requrests take FOUR TO SIX MONTHS(?!), she suggested the quicker way is to “make an (in person) appointment”. Odd. Apparently reports (dept reports, not just mere crash reports) are all backed up.
Confirmation Number: CP4PPD003315808
Confirmation Date (ET): May-10-2023 07:28:42 PM
Your Payment Detail Payment Amount: $5.00
Invoice # INV-PR23284974
service request # PPD-PR2023501529
I used the “login w/social, Google acct using my personal gmail acct”; the request is pending
If you don’t know the ppd number, you must supply an involved person’s DOB in order to use the portal. The lady on the phone was kindof cagey, i asked her what if didn’t know the report number? Surely she could look up via exact data/time/location — she said well maybe there is more that one incident (yes, at the same data, time, and location). Phew.
Here’s news article from 2017 about 18 month wait times for Phx reports(!). Not sure if this newer “appointment” (and/or portal) system has fixed things or not? Reports still need to be redacted. hmmm.
https://www.azcentral.com/story/news/local/phoenix/2017/06/07/phoenix-police-records-could-take-18-months/365909001/
About 3 months went by, and i got a request for a few more dollars (meaning report is more than x pages)
Confirmation Number: CP4PPD003345723
Scheduled Payment Date: Aug-24-2023
Amount Due: $2.44
Invoice #:INV-09731-P2N4T0
Protected bike lanes, eh. If the lane is sufficiently wide enough, then the protections simply add additional surface hazards. Additionally, the “protections” make it difficult or impossible to clean debris that spills over from the gutter pan into the bike lane – a further hazard. If there isnt going to be a concerted public education campaign, coupled with strict enforcement and prosecution, these types of band-aid approaches simply give the feel and appearance of improved safety. They will do nothing to prevent a distract driver (read phone user), or certainly a drunk from veering into the bike line from either direction. We can start with enforcement of the 3-foot passing law. A nice test would be to apply green lines three feet out from bike lanes with signage. The City of Phoenix loves to paint big green boxes in bike lanes, lets put some of that where it will actually help. Another thought, start a “program” where the city will provide cameras to cyclists for free or at a reduced cost if they agree to provide footage of near encounters with vehicles. Maybe then, these traffic planners can have some actual data to use in their designs Bottom line though, pressure needs to bare on prosecuters to pursue charges in traffic cases involving bikes.