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.
For the time being, it’s tagged open case, RTOR error, and 28-672
PD: Bicyclist hit, killed by truck near 32nd St and Broadway
By: abc15.com staff Posted at 8:32 PM, May 10, 2020 and last updated 9:26 AM, May 11, 2020
… Officers say the woman, 35-year-old Nicole Hicks, was struck around 7 p.m. while riding in a crosswalk near 32nd Street and Broadway Road… Officials say the driver remained on scene and impairment does not appear to be a factor… Police say the driver failed to stop for a red light and was issued citations.
azcentral was even less specific Woman on a bicycle hit and killed in Phoenix
According to some blurbs posted on PI-lawyers’ sites, eg, ELG, the driver was issued ‘several’ citations, which should have included a 28-672. However, the driver is not named, so no easy way to look this up:
Phoenix, AZ (May 11, 2020) – A woman on her bike was struck and killed in Phoenix on Sunday night, and police have since identified the victim as 35-year-old Nicole Hicks… Per reports from the Phoenix Police Department, officials determined that the driver of the truck involved in the crash failed to stop at a red light, causing the accident. The driver was issued several citations following the crash. Police say that Hicks was riding her bicycle near 32nd Street and Broadway Road when she was hit by the truck, which was pulling a horse trailer, around 7:00 p.m. The truck driver was traveling southbound on 32nd Street when they struck Hicks in the crosswalk at Broadway Road.
At this moment, in early 2021, I can’t find the incident in ASDM, so added the missing-statistics flag at least for the time being. There is no indication in the reporting that it was a right-turn-on-red error, the only directions indicated were the driver was southbound on 32nd and had a red light, while the bicyclist was in some crosswalk presumably traveling east and west.
The driver can be and depending on the facts, should be charged with something much more serious. Several possibilities are:
28-672. Causing serious physical injury or death by a moving violation, which is a Class 1 misdemeanor.
13-1201. Endangerment; Class 6 Felony.
13-1102. Negligent homicide; Class 4 Felony.
13-1103. Manslaughter; Class 2 Felony.
We will see how much the bicyclist’s life was worth to the county attorney. Sunset yesterday was 7:18 p.m. and so the accident was well before sunset. It is a little hard to see how a driver, exercising reasonable care, could have killed someone in the crosswalk.
Riding along a sidewalk is exceedingly dangerous because of potential collision sites at every road crossing and even at driveways (especially commercial driveways). Indeed, we are much safer riding near the middle of the right lane rather than “slinking” along the edge as most people do.
My son’s mother-in-law had a similar crash. She was riding along a sidewalk on Alma School Rd. in Chandler a few months ago. She was hit while crossing Ocotillo by a motorist turning R on red. (She was crossing right in front of the motorist but he “didn’t see her.”)
The motorist had only $100K liability insurance — less than half of her medical bills. Fortunately, she was able to get some help from underinsured motorist coverage.
$100K? Makes you realize how woefully inadequate the state minimums are (I think it’s $25K or somesuch)
RE: “$100K? Makes you realize how woefully inadequate the state minimums are (I think it’s $25K or somesuch)”
Dunno about Arizona but Ohio, where I came from 7 years ago had a $25K limit. Better than nothing but yes, woefully inadequate.
Cyclists should carry the max. in uninsured/underinsured motorist coverage.
— Fred
Fred, I have to disagree with you on that one. I think riding on the sidewalk is safer than riding in the right lane of a busy road, like Alma School where the posted speed limit is 45 which means vehicles are going 50+. In the roadway if you are hit, like someone was today on Hunt Highway, you’re dead. There are too many ways you could be hit, by a distracted or impaired driver or someone swerving to avoid something in the roadway or blinded by the sun, or any many other reasons. The bicyclist has no control the roadway because driver’s actions alone determine where there will be a collision or not. On the sidewalk you are more protected from vehicles in the roadway. I agree on the sidewalks you have to be very careful about driveways and side streets but I am in control on the sidewalk because I can and do, choose not to cross in front of the driveway or side street until I see it is safe. Its slower on the sidewalk but is is a lot safer than in the roadway.
The way you described the very unfortunate accident your son’s Mother in Law had it seems like it took place in the crosswalk, not on the sidewalk. Whether walking or on a bike, when in a crosswalk I never cross a lane of traffic where a vehicle could be moving, such as making a right on red in front of me, without making eye contact with the driver. If he does not see me then I yell at him until he does.
RE: “The way you described the very unfortunate accident your son’s Mother in Law had it seems like it took place in the crosswalk, not on the sidewalk.”
Yes it was in the crosswalk. But someone riding on a sidewalk must use the crosswalk at intersections and must cross driveways, except for those rare locations that do not ave such junctions.
And my experience before I retired clearly showed that if one is assertive for one’s own safety by riding conspicuously near the middle of the right lane provides the highest level of safety. Most people slink along in the gutter, bike lanes (often in the gutter) or sidewalks where they are much less likely to be seen.
RE: I think riding on the sidewalk is safer than riding in the right lane…
Hi Gordon,
This is a common misconception. Unfortunately it’s well connected to a feeling of comfort instead of proven safety so it’s difficult to overcome. Primary position is what is taught and suggested by all law and cycling education sources that I’ve found.
Cycling safety studies routinely show that rear-ends are not even in the top 5 type of cycle collisions. The main root cause of collisions is not being seen, “Oh, I didn’t see you”. Even following common sense, we don’t hit something we know is there. That’s why pedestrian, cycling, and vehicle safety is all about visibility (walking/cycling: wear bright clothing, wear headlamps at night, make eye contact with drivers, driving: turn on headlights, don’t obstruct windshields/have too dark of window tint, use turn signal).
Some resources to learn more:
https://www.azdps.gov/safety/bicycle “Don’t ride on the sidewalk”
https://gohs.az.gov/highway-safety-programs/bicycle-safety “You may occupy any part of a lane when your safety warrants it. Never compromise your safety for the convenience of a motorist behind you.”
http://www.azbikeped.org/bicycling-street-smarts.asp “sidewalks aren’t safe. Stay off them, except where you have no choice” “Many cyclists believe they are safer and more comfortable riding further to the right than this booklet recommends. They fear being passed uncomfortably close by a motorist, or feel intimidated by impatient drivers. Riding too far to the right is very dangerous”
https://www.bikeleague.org/content/ride-better-tips “Avoid being overtaken in narrow-lane situations by riding in the middle of the lane”
https://www.bikeleague.org/content/where-should-i-ride
https://www.bikeleague.org/content/bike-law-university-sidewalk-riding “Riding on the sidewalk is a significant cause of bicyclist-motorist crashes and creates unnecessary conflicts with pedestrians.”
https://www.bikeleague.org/content/education-video-series-riding-sidewalk “The 5 most common crashes involving law-abiding bicyclists on the roadway can be avoided by the bicyclist riding farther left.”
https://cyclingsavvy.org/road-cycling/#sidewalk
https://vimeo.com/iamtraffic
Apologies for the long list, but it shows that this isn’t a fringe theory. It is what is supported and taught by cycling resources.
Happy riding!