It reads in part:
The crash happened in one of the so-called “mixing zones” where drivers are allowed to make careful left turns from First Avenue as cyclists are going straight through intersections with the green light.
Mixing zones only work when motorists yield. Time and again, New York City motorists have proven incapable of exercising basic care, with deadly results. As with pedestrian crossing phases that similarly rely on the hope of motorist compliance, this deadly traffic signal design flaw must be corrected so that there is a clear unambiguous right-of-way signal phasing for bicyclists, pedestrians and motorists alike.
The NYPD is making a mockery of the data driven principles that undergird Vision Zero. As they have done in the wake of other recent tragedies, the NYPD unleashed a ticketing blitz on cyclists shortly after the preventable crash that killed Kelly. Yet data show the majority of bikers and walkers are killed not by their own mistakes, but by speeding, unyielding and lawless motorists.
Of the 18 cyclist fatalities in 2016 for which details of the crash are known, 13 were caused directly by the criminal or reckless actions of a driver — including failure to yield, driving while intoxicated or under the influence of drugs, speeding, and ignoring red lights. As the DOT upgrades design to account for widespread lawless driving, the NYPD must redirect enforcement towards the real killers on our streets.
As mentioned in the above statement, officers from the 9th Precinct were ticketing cyclists yesterday for a variety of infractions on First Avenue at 10th Street — one block from where the collision occurred last week.
Per Streetsblog:
Red light running has nothing to do with the crash that claimed Hurley’s life. She would have had a green when the truck driver ran her over, since the intersection design requires cyclists and turning drivers to negotiate the same space at the same time.
And here's @NYPD9Pct one block north right now. pic.twitter.com/opjGDa8XnK
— Brooklyn Spoke (@BrooklynSpoke) April 13, 2017
A cyclist was killed by a driver who failed to yield in @NYPD9Pct so Captain Vincent Greany told his officers to ticket cyclists because...
— Jessie Singer (@jessiesingernyc) April 13, 2017
The driver of the box truck who struck Hurley remained at the scene on April 5. As The Village Voice reported yesterday, the NYPD’s Collision Investigation Squad investigated the crash, "but he was not charged with failure to yield, or failure to exercise due care, or any other crime." The collision remains under investigation.
33 comments:
Not a word from Rosie Mendez
I saw the flowers the other day, so I knew she was gone. It's tempting to blame someone but we can't based simply on generalities about mixing zones and split phasing. We don't know if she decided to turn alongside the truck, a dangerous move, or if the driver overtook her at some point during her turn, leaving her with little control over the situation. Rest in Peace.
The driver -- anyone one worth their salt and who is patient enough to allow pedestrians and cyclists the right of way - would have yielded. There is no ambiguity about that. The only fault -- and this rests of our shoulders and the agencies we expect to enforce the yielding statutes on the books -- is expecting them to. In which case, crossing anywhere in the street -- even in crosswalks and traveling in so-called "protected green bike lanes -- is a gamble. It should not be.
I blame DeBlasio's lack of enforcement in his so-called much-touted Vision Zero publicity campaign.
Any word from DeBlasio?
Maybe right-of-way in that scenario should legally be taken away from the cyclist. I am speaking as a hardcore cyclist here. It's just a thought. It's simply not safe for a bicycle to assert right-of-way over a left-turning vehicle--the risk is too great. Maybe in the grand scheme of things this is not "fair". And thus there is probably no real solution, no consensus to be reached.
Horrible. A young promising life taken away by a senseless set of circumstances. The hearts of the residents of the East Village go out to the family and friends of this young woman.
This is the fault of the idiots who thought that cyclists and motorists could co-exist peacefully in New York City. Seriously? Whatever genius came up with the idea of mixed turn areas must have never ridden a bike in the city.
There's no common sense to the entire bike system....not that takes bicyclists safety into account first.
Typical of the NYPD and City officials. Make a big to do AFTER the accident...In another week everything will return to the status quo.
7th Precinct is also blitzing bikes....they nailed me on Grand Street yesterday...because that will stop trucks from running us over.
The city is just not set up for cycling and cars to mix. There are a LOT of cyclists that just do whatever they want and cause a hazard to everybody. It sounds like Hurley was playing by the rules and was at no fault, but even still, all it takes is one mistake by a driver and the cyclist is as dead as Julius Caesar. Big Fraud DiBlasio can impotently squawk about vision zero or whatever other idiot slogans he wants and it isn't going to change anything.
Fair or not fair, if you cycle in Manhattan, you take your life into your hands. I think there is a real aversion to being honest about that.
She was a pro cyclist and probably was flying that morning but so was the truck. Mixing lanes are dangerous when I ride my 🚲 I always use caution and let cars pass/turn even if I have to slow down and give up the right of way. Trucks and large SUV's are even more dangerous because their blind spots are huge, any car/truck making a left turn needs to be treated with extreme caution by cyclists and pedestrians. Statistically cars making a left are a lot more likely to be involved in an accident. You can never win against the 🚗.
Sad tragedy.
On the related note, I hope this indicates a new tone from TA and their cozy buddy the Mayor. I was a member for over 15 years and stopped due to their pal-ing around and cheerleading everything he was doing, it was rather distasteful and frankly counterproductive.
10:06 Everyone who walks out their front door risks their life. Vehicles have been known to also strike people who aren't on bikes.
Vision Zero is Zero Vision.
A young woman is dead. She leaves behind a grieving family that's trying to make sense out of this seemingly senseless tragedy. The driver remained at the scene. The investigation is on-going. That's all you know.
But let's take this opportunity now to point fingers and stoke rivalries. It's the cavalier drivers with the selectively applied law on their sides. It's entitled millennial cyclists who think ten ton trucks will yield to their privilege. It's the mayor. It's the former mayor. It's some interloper from Iowa.
A young woman is dead. She leaves behind a grieving family that's trying to make sense out of this seemingly senseless tragedy. The driver remained at the scene. The investigation is on-going. That's all you know. Well, that and you need some acceptable channel to vent the hate in your heart.
This is so heartbreaking. It sounds like both the driver and the cyclist made mistakes. He clearly didn't see her in his mirror, and perhaps didn't check thoroughly, and she was likely moving at a high rate of speed if the reports of her trying to skid to avoid the collision are accurate. Even the best drivers and the best cyclists make errors. That spot is dangerous for everyone, even pedestrians.
10:38: Not really, unless you have a trap or something on your stoop. But, I'm really not seeing your point. Different activities bear different risks. Riding a bicycle down 2nd avenue is more dangerous than sitting in an open field, even though theoretically a meteor could still get the guy in the field. Riding a bicycle in manhattan is also exponentially more dangerous than riding in a cab, subway, or walking on the sidewalk. Those are all pretty low risk.
But, these streets are very, very dangerous for cyclists and people don't want to be honest about that. You'll even see city announcements promoting that kids should ride bikes in Manhattan and are allowed to use citibike, which is just outright madness. Unfortunately, there are going to be a lot more Kelly Hurleys before people start being honest about the risks.
@9:45am: I agree with you completely, but when it comes to the poorly-thought-out (by Bloomberg & now deBlasio) bike lane issue, common sense seems absent.
Bike riding will always be dangerous in NYC. Everyone on a bike is (knowingly or not) taking their life in their hands every time they go out on a bike.
Bloomberg should never have started the bike lane project to begin with; if you remember, he did it b/c he was pissed off that he didn't get congestion pricing. So: how many lives have been lost or shattered as a result of Bloomberg's ego issues?
NYC is not, and never will be, Amsterdam or any other foreign city. Failure to recognize this is just denying reality.
The bike lanes were imposed on NYC. There was no meaningful discussion or interaction with locals; no real "studies" to prove anything other than what Bloomberg wanted to have happen. This was Bloomberg saying "let it be so." And we are living with - and in some cases, like Ms. Hurley and many others, dying as a result of - bad decision-making on the part of NYC's administration.
My condolences to Kelly's family and friends. As was discussed her before, she was riding a one speed freewheel bike with a single brake. This is a very dangerous kind of bike to operate in traffic even if you are as experienced as she was. According to news reports she tired to brake and skidded, but because she only had one brake on her bike, the other wheel was still spinning and carrying her forwards. We will never know if having two brakes wuld have saved her, but it is a fact that a second brake helps you stop much faster. I can stop on a dime using two brakes nad have had to do so many times to avoid a collision. I only bring this up to encouage more eople to put a second brake on their bike. It doesnt mater if you think it looks uncool, it will keep you much safer than having just one.
9:45
I have to agree. Great idea. A 100- lbs bike cannot argue with a 1+ ton vehicle. Also neither bike or vehicle can always effective deal with the frustration of riding through the city. It's a toxic mixture. Something has to give. And since there are way more cars/trucks on the roads. The bikers have to be more aware and if necessary regulated.
Nope, they know it won't. What fining bikes does is brings up the overall number of fines that bikes get. This then allows them to justify bikes as a problem. The finingnof bikes, especially after events like this is to be able to say, 'well, see, look how many bikes are doing bad things. It is their fault!'
It's all about stats!!!
While we may focus on fault or rules of the road when things like this happen, it's worth perhaps thinking about how this is handled for martime purposes. There's an old sailor's poem that illustrates it.
"Here lies the body of Johnny O'Day Who died Preserving His Right of Way.
He was Right, Dead Right, as he sailed along But he's just as dead as if he'd been wrong"
Translation for the landlubbers: If you're going to die if there is a collision, the other guy has the right of way.
11:45 totally agree about brakes, and my heart sank seeing that photo of the wrecked bike with a single caliper brake. But it's asking a lot: majority of people who would ride such a setup, are not likely skilled enough in bike mechanics to simply "put a second brake" on their bikes. They generally purchase bikes that are set up with the one brake. As such, they probably assume it's a safe enough setup, since the bike came that way. I'm not a nanny state guy at all but a public service announcement regarding bicycle braking might not be such a bad idea. Since there are so many of these type (hipster-style single-speeder) bikes out there nowadays.
Let's dispense with the "both were at fault" argument; or whether the victim was a racer and jamming it and somehow is the cause for the crash; or if the victim wore a helmet; or if the victim was riding fixed with one brake; ad infinitum. Let's stop blaming the victim -- -- as we are want to do with sexual assault cases -- and ask why the driver was not charged or arrested, under Vision Zero mandates, that penalizes a driver when they cross into a right of way and not yield.
Here is NYS rules about turning into a bike lane or bike that has the right of way:
RCNY 19-190 – Right of Way –
Subdivision (a) provides that if a motor vehicle driver fails to yield to a pedestrian or bicyclist who has the right of way, the driver shall be subject to a civil penalty of not more than $100, in addition to or as an alternative to the penalties that can be imposed for committing a traffic infraction as provided in the law. Subdivision (b) of Section 19-190 provides that if a driver violates subdivision (a) and the vehicle causes contact with the pedestrian or bicyclist, and thereby causes physical injury, the driver shall be subject to a civil penalty of not more than $250, in addition to or as an alternative to the penalties that can be imposed for committing a misdemeanor as provided in the law.
It doesn't matter how big the fine is for making an illegal turn or how great the criminal penalty might be. We have the death penalty in this country. Has that stopped people from committing murder? The best way to stay safe is using preventative measures. Even a truck driver driving legally can I have a medical episode and cause an accident. Accidents happen, but it's up to everyone using the roads to drive defensively and to be able to stop in case there is a hazard. Having only one brake does not allow you to do that. Just try stopping on a bike with two brake and only use one brake. Then use both brakes. The difference in your ability to stop is dramatic. I suggest a new law you really like laws. Outlaw all bikes with a single brake. That will stop a lot of these accidents from happening.
For the dual brakists here, there is expert opinion that one brake--the front one--is preferable for most circumstances, particularly with experienced riders. See, for example,
http://www.sheldonbrown.com/brakturn.html
To 2:25: everyone is sad this woman lost her life. But we can't be blinded to the facts and we aren't going to save other cyclists from the same fate if we don't honestly look at what happened here and it appears both the driver and cyclist played a role in the accident. This doesn't disparage the cyclist. It shows we need to rethink a lot of things including whether these freewheel bikes are safe for use beyond racing. They were designed for use in velodromes and now all these hipster bike shops are selling them to city riders. They are made for speed not safety. I feel safer riding my old three speed because it isn't built for speed and I have front and back wheel brakes. The type of ride was a factor here and should be considered along with redesign of bike lanes, speed limits for cyclists and drivers and an awareness campaign to get car drivers thinking about how to share the roads with cyclists. Try riding a freewheel bike around the city. They are also called fixed gear bikes.
I agree with 3:04: There are lots of issues to be worked out, but I think the city should ban those one-brake bikes. There are videos on YouTube giving advice on how best to stop on those bikes. It's crazy that there even has to be those videos!
@4:55pm: There already *are* speed limits for drivers in NYC.
I agree with the first commenter that we don't know who was at fault. However, what is obvious is that the risk to a cyclist is increased by the current placement of the bike lane. Having two northbound parallel lanes, an inner lane for bikes and an outer (and merging) lane for cars approaching a left turn, is extremely dangerous and would earn a first-year urban design student a well-deserved F.
Earlier I stood on the sidewalk by that intersection and observed bike and car traffic there. There were some near misses.
It's very obvious that the car parking lane should be adjacent to the curb, and that the bike lane should be to the outside (east of that lane). That would make bikers more visible to drivers and make the traffic flow safer for the former. Better yet would be to get rid of the bike lane there and have one lane for all vehicles, including cars, trucks, motor cycles and bikes.
Bake lanes also imperil pedestrians, as I have learned from bitter experience.
@6:54, if you re-read the post you reference, it sounds like he is saying there should be speed limits for cyclists and drivers--for both. You can really fly on those light bikes. I don't know how you would ever enforce speed limits for cyclists but maybe there is a way. Getting them to slow down would be a good start. It isn't worth it to try to beat a light or a vehicle on a bike but so many people instinctually make the effort.
@7:39 makes a point I agree with about moving the bike line so it is on the other side of the parked cars. That merge on the corner is terrifying. It is hard to cross the street as a pedestrian, and I saw a near van/bike collision there two days ago.
It's too bad there wasn't footage of this tragedy, because I wonder what lane that truck was in and how fast it was going before it headed into the merging lane making the turn.
Because there is no way you couldn't see someone riding on the left side/bike lane if you're properly decelerating approaching the corner. Other than that, these partitioned bike lanes are causing vision difficulties for drivers on the avenue.
That's my opinion as a single speed/fixed/one brake bike rider.
And it's quite abominable that Mayor De Faustio, while he's out on his city hall tour of the outer boroughs, that he allows the NYPD to prioritize bike infraction crackdowns over the bigger hazard and menace that is reckless driving and speeding. Vision Zero is Vision Tunnel.
And it's pretty simple to operate one brake. just apply it as the light changes, and when approaching a turn as you would if you are driving.
@7:39
There were (proper) bike lanes in the 90's that were painted on the right of parked vehicles to the curb (as they should be) on Broadway from Union Square to Columbus Circle and 6th avenue from 14 to 59st for decades before the Fun Size Mayor Bloomberg and his DOT ferret Khan ruined it with this stupid and ultimately hazardous infrastructure. Which has been continued by our lousy mayor and whoever the idiot is in charge of the DOT now only to appease the gentrification industrial complex's market for millenial frivolous spenders. Really this push for bike commuting is more of a marketing ploy than lowering one's carbon footprint.
Ironically, even though they have added those stupid partitions on 6th avenue from 14 to 34st also without the necessary traffic lights, the city has left the next 25 blocks heading north untouched and have never bothered repainting it.
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