Pedestrian Killed By Cyclist- Mtbr.com
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  1. #1
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    Pedestrian Killed By Cyclist

    From Sacbee, via Associated Press

    SAN FRANCISCO -- Authorities say a Washington, D.C., woman struck by a bicyclist while crossing a street near San Francisco's waterfront has died.

    Sixty-eight-year-old Dionette Cherney died Thursday morning at San Francisco General Hospital a result of injuries she suffered in the accident along the city's Embarcadero.

    San Francisco Police Officer Albie Esparza says Cherney suffered a head injury after she was hit while crossing with a green light at the Embarcadero and Mission Street on July 15.
    Police say the 25-year-old bicyclist from San Francisco remained at the scene and was interviewed by police.

    District Attorney George Gascon says his office will decide whether to file any charges against the bicyclist whose name has not been released.

    The incident remains under investigation.

    The bicyclist has not been... (The article ends here. Gotta love the Bee!)
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  2. #2
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    If it turns out that he was riding a fixed gear with no brakes, I predict a movement for legislation making them illegal.

  3. #3
    Paper or plastic?
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    The comments on the cbs site had a lot of hatred against bikes. This kind of accident is not going to help. Cyclist definitely needs to be charged appropriately.
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  4. #4
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    He hasn't been charged yet? It's clearly manslaughter.

  5. #5
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    Yup, the comments under the article are just as brutal as the ones you see under car vs. bike stories, with a real mob-mentality feel to them. I suppose we can expect a "Critical Mass Walk" in the near future?
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  6. #6
    fresh fish in stock...... SuperModerator
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    the cyclist stopped at the scene and did not flee.

    the cyclist was not drunk or on drugs.

    the police did not witness the incident.

    that is why the cyclist was not arrested on the spot - but the DA does have 1 year to file charges....

    which is what I'm guessing will happen in the next couple weeks.
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  7. #7
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    Didn't he run the red?
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  8. #8
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    Quote Originally Posted by G.M. View Post
    If it turns out that he was riding a fixed gear with no brakes, I predict a movement for legislation making them illegal.
    I'm not one for regulation, but a bike with no brakes in SF just seems dangerous. Some riders can manage, but some can't.
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  9. #9
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    Quote Originally Posted by ziscwg View Post
    Didn't he run the red?
    yes - he did run the red light.

    but he stopped, was not high/drunk, and the cops did not witness what happened...

    currently misdemeanor (no on the spot arrest) until the po-po have a chance to investigate...then bring charges..

    if he tried to run or was drunk he'd be in jail now.


    from what i understand....
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  10. #10
    fc
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    Was he riding recklessly prior to incident?
    Was his bike missing brakes?
    Was the person struck in the crosswalk?
    Did he run a red light?


    If yes, then incarceration is appropriate. I'm not a fan of the "it's just an accident" clause.

    fc
    Last edited by fc; 08-12-2011 at 02:49 PM.

  11. #11
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    Yeah, he stopped and waited, which was good. I'd like to think that if it was a car, the driver would be charged on the spot with inattentive driving, and reckless endangerment, with an upgrade to manslaughter after death. I'm not sure if there is an equivalent for a bike, but I'm hoping he doesn't get off without anything.

    Time will tell, though the accident happened a month ago, and she just died the other day. That's plenty of time to mull over charges, and get information. I'm not sure what the hold up is.

    @CHUM...supermoderator now? holy crap. being a lowly moderator is not enough? damn!

    Edit: Yes, he ran a red and admitted it, and waited for help. That's a bonus. Some leniency for that, but still...

  12. #12
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    Quote Originally Posted by ziscwg View Post
    I'm not one for regulation, but a bike with no brakes in SF just seems dangerous. Some riders can manage, but some can't.
    Riding is SF with no brakes is just plain stupid

  13. #13
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    Quote Originally Posted by GTR2ebike View Post
    Riding with no brakes is just plain stupid
    fixed

  14. #14
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    Quote Originally Posted by beaverbiker View Post
    but they may argue that the pedestrian just jumped out as soon as it was green for them and not actually looking to see if it's clear.
    Cyclist was northbound on the Embarcadero. It looks like she was heading to the Ferry building.

    NPR story

    In July, police said that Cherney had nearly finished crossing the six-lane street at the intersection of Mission St. and The Embarcadero, with the light in her favor, when a cyclist struck her in the bike lane next to the sidewalk. The accident occurred during the busy morning rush hour, at 8:15 a.m.

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    Quote Originally Posted by GTR2ebike View Post
    Riding is SF with no brakes is just plain stupid
    But it's fashionable, so that makes it alright. I have even seen some clueless hipsters building up singlespeed road bikes that are not fixed gear so there's no way of slowing down or skidding by pushing back on the pedals and still putting no brakes on them. The guy still called it a "fixie".

  16. #16
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    I dunno....

    Quote Originally Posted by beaverbiker View Post
    If there were plenty of witnesses, he may get charged with involuntary manslaughter. The DA was probably just waiting to find out what kind of shape the pedestrian ended up in after the accident. It's a sad story for sure, but legally it's kind of a gray area. Take this for example, if you're in a car and are stopped at a stop sign and then proceed after you stopped, and then someone blows through the stop sign and hits you, it can be your fault to. You're required to wait until it's clear to proceed, not just stop. Now I'm not advocating for the cyclist at all and I hope the book is thrown at that person, but they may argue that the pedestrian just jumped out as soon as it was green for them and not actually looking to see if it's clear.
    How often do cars run some ped over in a crosswalk a simple trafic accident and not get charged? I'll bet he doesn't get cited for anything more than running a red light. I'm not saying it's right, I'm just saying that is the reality of things.

    Reality of it is, jails are already full... yes, mostly with drug offenses and stupid stuff. I'm not sure this rises to the level of serious jail time myself.

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  18. #18
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    As fun as no brakes may be; public safety overrules personal Fun, Freedom and Thrills. No brakes belong on closed course and professional operator situations. There is a reason all commercials depicting high risk behavior have a similar disclose (even if they are to small to read)
    Quote Originally Posted by G.M. View Post
    But it's fashionable, so that makes it alright. I have even seen some clueless hipsters building up singlespeed road bikes that are not fixed gear so there's no way of slowing down or skidding by pushing back on the pedals and still putting no brakes on them. The guy still called it a "fixie".

  19. #19
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    The heartbroken family of a tourist who was struck and killed by a red light-running bike rider last summer requested mercy for the cyclist, prosecutors said Monday, believing he should become a bicycle safety advocate instead of an inmate.

    A remorseful Randolph Ang, 23, pleaded guilty to misdemeanor vehicular manslaughter Monday in connection with the July 15 collision at Mission Street and The Embarcadero that killed Dionette “Didi” Cherney, 68, of Washington, D.C.

    Ang faced up to a year in County Jail. But as part of a plea agreement that was approved by Dionette Cherney’s family, Ang was sentenced to three years of probation and 500 hours of community service. He also was ordered to pay the family more than $15,000 in restitution.

    As part of his community service, Ang will help a yet-to-be-named organization promote bicycle safety, attorneys in the case said.

    Dionette Cherney’s husband, Colburn, said jail time would have done no good, and he wants the tragedy to be an opportunity to educate the public, Assistant District Attorney Sarah Hawkins said.

    In a somber court statement Monday, Ang profusely apologized for his “careless” actions. He has said he ran a red light on The Embarcadero that morning while rushing to get to work. Ang plowed into Dionette Cherney, who had been walking with her husband, and she suffered head injuries that proved to be fatal.

    Ang said he will forever be indebted to Colburn Cherney and his family. He vowed to do “whatever is necessary” to promote bicycle safety.

    “I cannot ask for their forgiveness,” Ang said in court. “I hope they can see and hear how sorry I am.”
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  20. #20
    Uncle
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    Wow, what a refreshing approach to the idea of justice. Thanks for posting, Buzz.

  21. #21
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    Jails are not full until criminals are sleeping standing up.

  22. #22
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    We have to stop taking responsibility for such accidents. People are killed in crosswalks through negligence more often than we would like by vehicles of all kinds. Of course the death is regrettable and, of course, once you see the causes and effects pointing fingers for responsibility is easy. Yet this is not the responsibility of the cycling community.

    My deepest condolences for the loss to the family.
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  23. #23
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    wow

  24. #24
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    Quote Originally Posted by hoolie View Post
    Jails are not full until criminals are sleeping standing up.
    just remember who pays for it all

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    Quote Originally Posted by Berkeley Mike View Post
    We have to stop taking responsibility for such accidents. People are killed in crosswalks through negligence more often than we would like by vehicles of all kinds. Of course the death is regrettable and, of course, once you see the causes and effects pointing fingers for responsibility is easy. Yet this is not the responsibility of the cycling community.

    My deepest condolences for the loss to the family.
    In this case, it appears the cyclist ran the red and the ped had the green and the crosswalk.
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  26. #26
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    Not a big fan of fixies...

    but....it's not the bike that killed the pedestrian. It was 100% the fault of the knuckle head riding it. The best thing that can happen is the DA files charges, dude spends some time in jail, makes restitution to the family and maybe some of the other knuckle heads that ride around the city like a$$hats will think twice about running red lights.

    you can not legislate away stupidity.
    :p

  27. #27
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    Quote Originally Posted by G.M. View Post
    If it turns out that he was riding a fixed gear with no brakes, I predict a movement for legislation making them illegal.
    Good. there is no good reason to not have some kind of braking device on a bicycle of any kind. it's irresponsible.

  28. #28
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    Quote Originally Posted by ikarus189 View Post
    Good. there is no good reason to not have some kind of braking device on a bicycle of any kind. it's irresponsible.
    lots of guys ride street with no brakes and rarely have issues. The main difference between the two is that guys who ride street usually have skill on a bike whereas there's a lot of Barneys in the fixie community.

  29. #29
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    To pile on with the happy news another pedestrian was killed in Truckee over the 4th by a drunken cyclist. Sad all around.

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    I would be surprised and angered if the cyclist got any jail time.

    A few years back we lost a significant rider who was really important in the cycling community. His name is Jim Rogers.

    He was hit by a motorist who was texting. Many people thought that the driver would do some time but she got NOTHING.

    I don't see any difference here, someone negligent hit a pedestrian. It was not on purpose and therefore I don't see it warranting any jail time.

  31. #31
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    Quote Originally Posted by ziscwg View Post
    In this case, it appears the cyclist ran the red and the ped had the green and the crosswalk.
    Like I said there are reasons but the cycling community need not take a hit. Yesterday a cyclist was killed Berkeley by a car. We blame the car community?
    I don't rattle.

  32. #32
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    Quote Originally Posted by fgiraffe View Post
    To pile on with the happy news another pedestrian was killed in Truckee over the 4th by a drunken cyclist. Sad all around.
    Man, that sucks.

    Police: Pedestrian dies from injuries after July 4 DUI crash | TahoeDailyTribune.com
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    It's not about the community the individuals are from. weather it be cyclist or, motorist, or pedestrian. it is about the acceptance of responsibility for the behavior that causes harm to others.

    This can not be imposed... only accepted and embraced by all, both those who have caused pain and those who have felt it.

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