28-672 – Page 2 – Arizona Bike Law

Driver failed to yield in fatal crash with motorcyclist in Ahwatukee

I became curious about this because it happens to be very close to where I live, and I happened to notice the roadside memorial and wondered about all the carnage; it’s just off of Ray Road, right by the Melting Pot (Fry’s food strip mall); it was about three years ago now…

01/02/2018 Fatal collision; police say a driver of a vehicle turning left failed to yield to a going-straight motorcyclist, and now the motorcyclist is dead. In bicyclist crash jargon we would call this a left-cross crashtype; it’s particularly deadly for motorcyclists.

Drivers who make a bad-left are supposed to be charged with 28-672 “Causing death by moving violation”. Continue reading “Driver failed to yield in fatal crash with motorcyclist in Ahwatukee”

Driver veers into Scottsdale Bike Lane; kills woman and injures man

2/18/2021 One bicyclist was killed and another injured and taken to hospital when a driver “veered” into a BL along Legacy Blvd, near scottsdale Road, Scottsdale (here’s a sample google street view of the area; location not exact). Continue reading “Driver veers into Scottsdale Bike Lane; kills woman and injures man”

Drifting driver kills bicyclist in Scottsdale

[Updated March 23, 2022 — nearly two years have gone by and no prosecution has taken place at least according to records search. I have no idea why. If MCSO is not going to ever bring the felony charge, the City of Scottsdale Prosecutor’s office can and should charge the misdemeanor version — 28-672; which has a TWO year statute of limitations… TIME IS OF THE ESSENCE]

5/23/2020 Morning, eastbound Happy Valley Rd near 91st St. An SUV driver “drifted over the fog line” and killed a bicyclist, 48 y.o. Miodrag Milovanovic.

Continue reading “Drifting driver kills bicyclist in Scottsdale”

Killed in bike lane by distracted driver

Stock photo of distracted driver in Chandler who caused death (photo: Sky12)

5/9/2020 victim Ed Rockland

According to a public post on Ed Rockland’s facebook , Ed’s wife Carole made this announcement “This morning Ed and I were riding our bikes safely in a bike lane when he was struck from behind by a driver checking his cellphone”.

I’m guessing from the post that there were no other serious injuries. Continue reading “Killed in bike lane by distracted driver”

Woman bicyclist killed in collision w/truck, horse-trailer

5/10/2020 ~7PM. 32nd St and Broadway Rd, Phoenix. victim 35-year-old Nicole Hicks.

Sunset was 7:19PM so not dark; depending on direction, sun glare could have been a factor.

The news description was a bit light on details; other than to mention the bicyclist was in a crosswalk, and that “Police say the driver failed to stop for a red light and was issued citations”. No directions were included.

If the driver “ran” a red light, they should be charged with 28-672. It could also or additionally be a right-turn-on-red error. A somewhat common scenario is a driver approaching a red light rolls through while turning without looking or seeing a counter-flow bicyclist that has entered the crosswalk on a green/walk. Continue reading “Woman bicyclist killed in collision w/truck, horse-trailer”

Multi-bicycle crash in Goodyear

Daylight-visible headlight in use at time of the crash

Goodyear police are investigating a 9/12/2019 crash that occurred around 6:30 involving 3 cyclists transported with injuries, and a fourth who was not transported. The news-chopper footage shows a black sedan, as well as a large number of additional cyclists who were presumably riding together in a group but were not directly involved in the crash. 12news.com azcentral Continue reading “Multi-bicycle crash in Goodyear”

Police: Pedestrian in crosswalk killed by suspected distracted driver in Glendale

4/23/2019 ~ 8:30PM Pedestrian walking along an unmarked crosswalk struck in center of road by a driver who was swerving around other traffic who had stopped in compliance with the law; to allow the pedestrian to cross in the unmarked crosswalk at the intersection of 59th Avenue and McLellan Road. Continue reading “Police: Pedestrian in crosswalk killed by suspected distracted driver in Glendale”

Chandler police: Woman killed, children hurt in crosswalk

[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]
[FINAL Update May 2019; driver sentenced, see below]

Nov 2016: A driver was arrested after a collision at crosswalk left one woman dead and two small children seriously injured. The intersection has a signal; police, based on some witnesses, believe the driver ran a red light when he struck the people in the crosswalk crossing Ray Road at College Dr (also known as Ponderosa Dr) in Chandler, AZ. (it may be very near the boundary of Tempe). Continue reading “Chandler police: Woman killed, children hurt in crosswalk”

Cyclist killed, another injured in Chandler crash

10/1/2016 fatal victim: female. Northbound on Arizona Avenue near Ryan Road.

This is only a couple of miles from the scene of another fatality in April on Riggs Road near Arizona Ave. Donald Neu was struck and killed by a driver who “drifted” into the rather wide, designated BL.

I don’t know what “criminal charges are possible” means; but once more-serious criminal charges have been ruled out — cases where a same-direction motorist drifts causing a rear-end collsion with a bicyclist in a bike lane (or a shoulder), on its face, should trigger a misdemeanor “causing death by moving violation” charge, see arizona-already-has-a-vulnerable-user-law

Continue reading “Cyclist killed, another injured in Chandler crash”

Tucson Bicyclist dies after last week’s intersection crash

Victim: Roger Haar

Witnesses say a female driver ran a red light and collided with Haar July 11, 2016 at Fort Lowell Road and Mountain Avenue, Tucson. The bicyclist was seriously injured, and died about a week later.

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.”

Continue reading “Tucson Bicyclist dies after last week’s intersection crash”

Bicyclist killed in Gilbert hit-and-run

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. Continue reading “Bicyclist killed in Gilbert hit-and-run”

Bicyclist dies in Sun Lakes crash; driver ‘drifted’

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. See more about 28-672 .

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.

Continue reading “Bicyclist dies in Sun Lakes crash; driver ‘drifted’”

Arizona already has a “Vulnerable User Law”

Executive Summary

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.

[ UPDATE: in 2018 the legislature increase penalities for the law referenced below; see 28-672, 675 & 676 ]

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 [1]. 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””

Head-on collision sends 3 to hospital

Cornville Road Head-on collision sends 3 to hospital; just coincidentally this is the same road and very near where cyclist Ethelyn Hartline was killed in 2014 when a motorist failed to overtake her safely.

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.

Continue reading “Head-on collision sends 3 to hospital”

Tucson-area Bike Lane rear-end fatal

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.

Continue reading “Tucson-area Bike Lane rear-end fatal”