Neither cyclist Nor Truck Driver found at Fault (Lauren Ward Follow-Up Article)- Mtbr.com
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  1. #1
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    Neither cyclist Nor Truck Driver found at Fault (Lauren Ward Follow-Up Article)

    Neither cyclist nor truck driver found at fault
    DNA evidence led to conclusion but not closure in the Alpine Road accident.

    by Dave Boyce
    Almanac Staff


    The full and final report on the death of Lauren Ward, 47, of Los Altos Hills will likely remain unavailable to the public, but the California Highway Patrol investigative team has concluded that Ms. Ward was not responsible for her death on Nov. 4, 2010, when her bicycle and a tractor trailer truck collided on westbound Alpine Road at Interstate 280.

    That finding overturns an earlier conclusion that placed the blame for the collision on Ms. Ward.

    The report also did not blame the truck driver. The truck and bicycle came into contact "while the bike was still in an upright position," a CHP statement said.

    The truck, which has an extended front end, had "very significant" blind spots for a "significant time that they were in proximity," CHP Capt. Mike Maskarish said in a telephone interview. "In this case, we just can't determine which party is more at fault."

    After discovery of a "very, very minute" amount of DNA found under the left side of the truck cab near the front axle, the investigation by the CHP's Multidisciplinary Accident Investigation Team and a forensics team from the San Mateo County crime lab concluded that the rear tire of Ms. Ward's bike collided with the front bumper of the truck, Mr. Maskarish said.

    Investigators concluded that the DNA was human, but because the sample was so small and because months of time had passed, it had become impossible to type the DNA and identify it as belonging to Ms. Ward, Mr. Maskarish said.

    The investigation included a re-enactment/reconstruction of the accident, a task complicated by a lack of witnesses and of any physical evidence, not even paint flecks from Ms. Ward's pink bike, he said.

    A massive chrome truck bumper and an insubstantial rubber bicycle tire "were not surfaces that would really lend themselves to a really good transfer (of materials)" in a collision, Mr. Maskarish said. "It's not going to take much for the rider to lose control."

    The original speculation held that Ms. Ward had turned into the left side of the truck cab, perhaps because she got hemmed in by another vehicle. It is not uncommon for bikes and vehicles to be next to each other in the three lanes of this freeway underpass.

    Cyclists run a 100-yard gauntlet that includes stark and sudden darkness when passing under I-280. In trying to regain the right side of the roadway headed west into Ladera, cyclists and drivers must negotiate two merges that cross each other: Vehicles at the stop sign may be aligned with the southbound freeway but want to go west, or vice versa.

    "This is just such a horrific tragic accident," Mr. Maskarish added. "It's taken a tremendous amount of time to put this whole thing into place and get this reconstruction together. There has been a very high quality of attention that this department has put into this in fairness to everyone involved."

    For the truck driver, Gabriel Manzur Vera, this was the third fatal accident involving his truck since 2003, but in none of them was he found to be at fault, CHP Officer Art Montiel said.

    (Ms. Ward's relatives launched a wrongful death lawsuit in January against Mr. Vera and the trucking company, Randazzo Enterprises Inc. of Castroville.)

    It seems an unusual number of fatal accidents. "I'm sure it's happened before but I'm not aware of it," Mr. Maskarish said. "It was a coincidence and nothing but that in this particular case."

  2. #2
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    3 fatal accidents since 2003!!!!

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    Quote Originally Posted by mtbxplorer View Post
    "...the investigation by the CHP's Multidisciplinary Accident Investigation Team and a forensics team from the San Mateo County crime lab concluded that the rear tire of Ms. Ward's bike collided with the front bumper of the truck, Mr. Maskarish said."
    I have noticed a lot of newspaper stories about biking accidents are worded a** backwards like this... as if she was pedaling the bike backwards into the bumper, causing the collision, rather than saying the truck's bumper collided with her back tire.

  4. #4
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    Quote Originally Posted by mtbxplorer View Post
    I have noticed a lot of newspaper stories about biking accidents are worded a** backwards like this... as if she was pedaling the bike backwards into the bumper, causing the collision, rather than saying the truck's bumper collided with her back tire.
    That's no where near as egregious as the " this was the third fatal accident involving his truck since 2003..." language. Like maybe the truck goes out at night on its own and gets hammered and kills people.

    The reporter should go back to journalism school. No, wait, that would just make it worse. Maybe he should go back in time to a good journalism school.

  5. #5
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    Well,at least she isn't blamed for the accident. The bass-ackward wording is bothersome. Sounds like the first investigation missed the human sample while it was still fresh. Nice thorough job, apparently. Figures.

    BrianMc

  6. #6
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    Yeah- that rear tire colliding with a front bumper sounded awfully strange to me, too

  7. #7
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    So dude has killed 2 other people with his truck, and he drove into the back of cyclist (fatality number 3), and he's never been found to be at fault? Ho Lee Crap.
    You have no excuse for driving to work
    (unless you don't have studded tires)
    (no excuse for that either)

  8. #8
    weirdo
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    ^Drove into the back of a cyclist? No, it seems that the cyclist fatally backed into his bumber.

  9. #9
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    What bunch of bullshit. That guy’s driving record says it all. What a load of crap! Fooker was probably even talking on his cellphone when it happened, for all anyone knows. Thumbs down.
    Don’t frail and blow if you’re going to Braille and Flow.

  10. #10
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    If it walks like a duck and it quacks like a duck...

    I seriously can't believe it's his THIRD time and still no charges or even to be said at fault. Ludicrous. It would seem to me the facts are so in the open, you would truly have to be blind not to see them.
    "I have one speed. I have one gear: Go." -- Charlie Sheen

  11. #11
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    Quote Originally Posted by ender. View Post
    If it walks like a duck and it quacks like a duck...

    I seriously can't believe it's his THIRD time and still no charges or even to be said at fault. Ludicrous. It would seem to me the facts are so in the open, you would truly have to be blind not to see them.

    Exactly!

    So this guy the CHP commander's what?....brother-in-law, lover, what?

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