01.28.10

Natick Cyclist Killed by Driver of SUV

Posted in Alerts at 1:30 pm

Wicked Local Natick, is reporting that a Natick man, Colin D’Aguiar,  involved in a bicycle SUV accident on January 16th died from complications recently.  As usual the press reports that the man was

riding his bike when he was struck by a Ford SUV.

It’s amazing how many vehicles suddenly turn on cyclists and run them over.  Come on press, it’s time you at least acknowledge how an accident happens, the driver of the SUV struck the cyclist with the SUV!  This may seem like a minor point, but it’s not.  Driver’s need to take responsibility for their actions.  Yes accidents do happen, but it’s not the car’s fault!

It will also come as no surprise to readers of this blog, that

the driver of the SUV has not been identified by authorities because he has not been charged.

The article has very few details about the accident, so it’s impossible to know who is at fault.  [Addition]  As an astute commenter pointed out, the picture shows the accident scene at night.  It’s entirely possible that this cyclist was riding without any sort of reflective gear or lights, in which case, there may truly have not been enough time for the motorist to respond.  [/Addition]  However, I do still wonder if this will be another case where it’s deemed an accident, another innocent cyclists looses their life, and a motorist just goes on driving their death mobile as though nothing happened.  As usual, we will try to post a follow-up if further details emerge.

We should all spin a few miles in silence in honor of Colin D’Aguiar and his family.

16 Comments »

  1. mmitchell said,

    01.28.10 at 1:50 pm

    It is also reasonable to ask whether this is another situation in which the cyclist was unqualified to ride in traffic after dark, whether the bike was equipped with appropriate lights and reflectors, whether the cyclist was observing the traffic laws, etc. Roadway safety is a two way street. There are more than a few irresponsible cyclists on the road also. It is naive and counter-productive to suggest that the motor vehicle operator is always at fault. Perhaps it is time the press/media coverage carry details as to negative cycling, as well as negative driving.

    MM

  2. Mark Dieterich said,

    01.28.10 at 2:45 pm

    Mike, you are absolutely correct. The main issue that got my hair standing up, is the consistency with which the press says the vehicle hit the cyclists. Yet when they report an accident where the cyclists is at fault, they say the cyclist hit whatever, rather than the bicycle hit whatever.

  3. Bill Mott said,

    01.28.10 at 3:43 pm

    Another family left without a father or a mother who was killed while biking. My condolences to the D’Aguiar family.

    As we all unfortunately know, too many bicyclists and pedestrians are hurt or killed by drivers of cars, and all too often the driver of the vehicle gets away with a slap on the wrist. We are all taking a calculated risk by biking around here.

    There are obviously many factors involved and I actually wrote to the reporter asking for more details in this case, and pressing him to investigate this further because these types of stories are often left to fade away. If D’Aguiar indeed had lights, and was obeying rules of the road, the driver should be fully prosecuted.

    I admit there are some bikers who are careless or worse – bikers can’t be lumped all into one category just as all drivers can’t, but generally bike riders are careful; we know our lives are at stake.

    I wonder , too, if there is a way to send out quick alerts through bike advocacy networks about this type of thing – maybe have a massive writing or call in campaign to the appropriate authorities to fully pursue this and for the media to investigate anytime someone gets killed by a driver. When they are at fault, the people driving these cars who hurt or kill bikers, or pedestrians, need to be held accountable.

  4. Mark Dieterich said,

    01.28.10 at 11:05 pm

    I was pondering this some more on my way home this evening, curious about why I get so worked up over reporting like this… The obvious answer is that it’s quite possible that you all will be reading about this having happened to me some day. I don’t have a death wish, I just want to ride my bike rather than drive a car. As I thought about it more, I realized the real crux of my position is that I find it inexcusable that our justice system fails so badly when it comes to prosecuting deaths resulting from vehicular accidents. I truly understand that accidents happen, but there are a vast difference in types of accidents.

    • There are accidents where there is positively nothing a person could do to avoid the accident. This is case where letting someone off makes sense.
    • Then there are accidents which result from neglect. These are the ones which really get under my skin. I realize that people don’t mean to injure or kill someone, but the end result is the same, someone is dead. These are the cases where I really feel the legal system fails. The person responsible for causing the accident should be punished. Does this mean they end up in jail, no I don’t think this really solves anything. Rather, I think they should be banned from driving, be forced to go out in the community (in particular to driver’s education classes and schools) to recount what they did, etc. I think this type of punishment would be far more effective deterrent.
    • Then there are the people who are even more dangerous, the type that purposely runs red lights, cuts close to pedestrians and cyclists, or even harasses other road users. When these people cause accidents, I believe they deserve the above and more, perhaps even jail time. They certainly don’t deserve another chance to get behind the wheel of a car.

    A friend of mine once said that should you ever want to commit murder, the weapon of choice should be an automobile. The more I watch how easily people skate away from their responsibility, the more I come to believe this statement. While there are certainly accidents in Europe, I do believe they tend to be much more serious about their responsibility behind the wheel. It is much harder and much more expensive to get a driver’s license. If you are caught drinking and driving, kiss your license goodbye. Why is it we Americans have become so tolerant of poor driving abilities and a general lack of responsibility?

  5. Durishin said,

    01.29.10 at 8:47 am

    This is sad. Every death is sad (in my book). But, you know you will never – ever – beat Newton.

    I don’t mean to be glib. Cycling is dangerous and a cyclist’s life is worth no more – or less – than any other.

    This gets to a question of training. Was the cyclists appropriately visible? Did he position him or herself so the SUV driver could see him? Cyclists tend to think that the hugging the curb is safe. It absolutely is NOT! Cyclists – at complex intersections MUST take the CENTER of the rightmost lane going their direction. To be any place other than in very plain sight to vehicle drivers distracted with iPods, children, newspapers, mascara is to be in a vulnerable position. Yes, it takes a little moxie to take the lane, but, if you’re riding in complex traffic you have that moxie.

    Bottom line: Be safe! Be Seen!

  6. Labann said,

    01.29.10 at 3:14 pm

    Cycling IS NOT dangerous. MOTORING is dangerous, both to motorists and pedicyclists, lazy, stupid, unrewarding and unsustainable.

    Mitchell’s question, “…ask whether this is another situation in which the cyclist was unqualified to ride in traffic after dark,” almost made me vomit in anger. Cyclists DON’T NEED qualifications to ride anywhere. To get and keep a license, motorists need to anticipate all possible uses of road, whether expected or not: a legal street party on an otherwise open cut-through, a party of demonstrators marching against state oppression, school kids crossing to see an educational or sporting event. If you don’t agree, turn in your license now before you kill someone.

    The problem is a lack of adaptation. Cagers race around on highways, then can’t seem to slow to 25 mph on avenues and secondaries. Bicyclists give up the right to ride on 25% of the roads only to find they’re endangered on most of the rest even where legal. Bicyclists aren’t served legislatively, but it’s mainly their own fault for listening to anyone like Mitchell.

  7. Dennis said,

    01.29.10 at 3:41 pm

    Education!

    Bicyclists need to know what the rules and responsibilities are. I see plenty of folks on two wheels that make me wonder how they survive.

    Auto drivers need to know what the rules and responsibilities are. I see drivers doing any number things that make them a potential killer.

    I was hit by a woman in a white SUV last week. She pinched me between her van and a parked car. She said she was really sorry, though. And the two motorcycle police officers 20 feet directly in front of us, sitting at a red light, apparently didn’t notice the yelling. If I had been in a car, rather than on a bike, what are the laws that come into play on who is at fault, who do you report it to, what are the penalties….? Why don’t they apply to me on my bike?

    And how about if we call this person a Killer? Murderer might be a bit strong, but Killer seems to fit. It seems like this will be another case of “no charges filed” for killing someone.

    Just a little public education would go a long way.

  8. Ted Lewandowski said,

    01.29.10 at 9:33 pm

    Listen – most people that ride a bike at night do it out of necessity – either they need to get to work or have to run an errand that could not be done during the course of the day.

    Most probably don’t own a car -either because they can’t afford one or choose not to drive – either way – the reason is unimportant.

    And most would be aware that the danger level would increase at night and I’m sure are more vigilant.

    When I need to ride my bike at night – it is because I just need to run an errand and the distance is relatively close to my house (I own two cars if you need to know and hold a CDL Class A license with all available endorsements). My bike has a dyno-hub driven LED Headlight and a Busch and Muller LED taillight but even with that I am extra careful.

    This guy Mitchell is an idiot – obviously not even a cyclist because no cyclist would even make a statement like that!!!

  9. Durishin said,

    01.29.10 at 9:43 pm

    Ted, obviously you’ve never been around Benefit Street in Providence at night when the kids are at RISD. Plenty of cyclists in the dark, sans helmets and reflective anything – save some glitter in their hair perhaps. I pray that one doesn’t get hit, but someday it will happen.

    I see plenty of bikes, elsewhere at night w/o reflectors or lights. So I am not sure of your point.

  10. Noman said,

    01.30.10 at 11:51 am

    In 1999, motor vehicle related accidents throughout America took 44,000 lives and injured more than 300,000 drivers and passengers in 3 million reported accidents. In other words, that’s 220 fatalities per year per million drivers, among 200 million licensed. Figures 5 years later reiterated these numbers, showed no decrease despite widespread educational efforts and public service announcements. Fiscal loss to Americans exceeded $150 billion per year, even more than smoking at $100 billion per year nationally. Motor accidents were the third leading cause of death, after cardiovascular disease and cancer [source: National Center for Health Statistics]. Between ages 5 and 65 over 50% of all unintentional injuries resulting in death are motor vehicle related. High speed and substance abuse were the main culprits, especially mo-ves running off rural roads, 4/5 of the nation’s paved thoroughfares.

    Any right minded adult rejects education as a solution. Only bicycling/motoring safety outreach to middle schools is possible, but car lobbyists kyboshed that as public policy decades ago.

  11. Dennis said,

    01.30.10 at 2:42 pm

    The point that I take from Mitchel’s post is that the “journalism” is lacking. I’m sure that reporter will do a follow up with more details about the time of day, conditions, driver, cyclist… all leading to an improvement of the current situation.

    I ride my bike to and from work everyday (Tue-Sat) so I get to see a good chunk of road activity. In the winter there are not as many fools on bikes but they are definitely still there. These might be cyclists that have no lights at night, ride on sidewalks, ride on the left and ignore traffic control devices (red lights). Probably fifteen (15) times more often I see Drivers on cell phones that never even knew they almost hit me.

    Your mileage may vary.

  12. Durishin said,

    01.30.10 at 3:10 pm

    Just a little bet here that mmitchell rides more miles annually than any of the rest of us…by a couple thousand, perhaps.

  13. Durishin said,

    01.30.10 at 5:24 pm

    Noman.

    Interesting statistics. But the rightwards shift in age distribution (ie. the increased number of elderly drivers) may dilute the effects of educating the young. Age distribution of drivers in accidents across those two measurements would be helpful information here.

    At the U.S. Open Cycling Foundation, we deliver plenty of education to elementary schools and the uptake seems pretty good, but they are less at risk than older kids who may ride longer into the evening and have less reticence to take busier roads. Middle to high schoolers, though, should get the message. But they get lots of messages so I’d not hang my hat on reducing bike/car accidents by training them. I believe that the College-aged are receptive – goodness knows they need it – and, certainly, adult bike commuters want share the road training.

    Sans training, though, many cyclists will under serve both their own safety and that of the motorist. Cyclists must take charge to maximize their own safety on the roads.

  14. Bill Lewis said,

    01.30.10 at 11:21 pm

    Mark wrote:

    “Then there are the people who are even more dangerous, the type that purposely runs red lights, cuts close to pedestrians and cyclists, or even harasses other road users. When these people cause accidents, I believe they deserve the above and more, perhaps even jail time. They certainly don’t deserve another chance to get behind the wheel of a car.”

    I am dealing with this right now, I was riding in Newport where I live and a road raging driver in an SUV came up on me very fast and started tail gating and sustained horn blowing then buzzed me while passing on the right. I reached out and and spanked her truck on the fender and now it’s me who is going to court. Hopefully the judge will dismiss the charge because of the driver’s anger management problem. The kicker is that her husband is a Newport fire captain whose brother is the police dispatcher and he assaulted me verbally and physically tried to get me in a fight and the cops won’t charge him in spite of there being a witness. All this because I took the lane and she wanted to get to RED light a hundred feet ahead.

  15. Mark Dieterich said,

    01.30.10 at 11:54 pm

    Hang tough Bill and fight it (not in the physical sense ;) ! We need to be heard when situations like this come up. Did you file a report with the police? Even if they won’t charge him, its important to file a report as this is the only way to build a written record of behavior, should this particular officer do something similar in the future. Bill, bravo for not taking the bait and making it a physical contest, the odds were not stacked in your favor.

    This is also a good reminder to every one of us… it does not good to lash out at motorists. In fact, it often puts us cyclists at greater risk. For whatever reason, road rage is definitely on the rise and you never know who your verbal comments or bumper you may slap. It’s tough though. In the heat of the moment, it’s far to easy to loose control of your feelings and lash out. I have certainly been guilty of putting myself in unnecessary danger by doing just this, but over the years I’ve matured to the point where I realize it does no good.

    I know many great cyclists and I have faith in those why choose the bicycle for their mode of transportation. We can rise above the petty bickering and calmly, patiently erode the anger gap that has formed between two different modes of transportation.

  16. Bill Lewis said,

    02.02.10 at 3:42 pm

    The police have been completely useless and are covering up the assault.
    I filed a charge against the fire captain the cops aren’t going to do anything about. The friends and relatives of FOP members are above the law it seems. I may have a good lawsuit though.

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