Showing posts with label beverly hills. Show all posts
Showing posts with label beverly hills. Show all posts

Wednesday, March 03, 2010

There are No Accidents!

 

(Blog post modified to reflect conflicting LAPD reports and updates. One LAPD source indicates the two motorists (in a Mercedes and a Toyota) were traveling south on Cliffwood Avenue and turning right on the red, hitting the young girl and then running over her. The second LAPD source indicates that the two motorists (is a SUV and an Infiniti) were traveling west on sunset Boulevard, clipping the young girl and then running over her.)

A 13-year-old girl attempting to catch her school bus began to cross Sunset Boulevard at Cliffwood Avenue. She stepped off the curb, into the crosswalk and against the red light just as two cars approached. She stepped from the NW corner of the intersection. The cars either came south on Cliffwood and turning right on Sunset or they came westbound on sunset. Either way, the first car grazed the young girl, knocking her to the ground. The second car ran her over. The young girl was transported to the hospital where she was pronounced dead.

LAPD West Traffic Captain Nancy Lauer is quoted by the LA Times as saying "It appears to be a horrible accident."


1) There are no accidents. The death of Julia Siegler was not the result of Mother Nature, it wasn't an act of God, there was no "force majeure" at work. This was a traffic collision, a horrendous event, a brutal incident, a circumstance with life-ending ramifications but it was in no way, shape, or form an accident. There are no accidents.

An accident is a determination. It is a ruling, it is the pronouncement that comes at the end of an investigation, it is not a word to be used casually at the scene of the crime. Oh, wait, was this the scene of a crime?

2) This was big news. The LA Times gave this story great coverage, not because a pedestrian died trying to cross Sunset Boulevard, but because the LAPD didn't know the identity of the motorists responsible for driving vehicles that ended the life of Julia Siegler. For most of the day, the LAPD were looking for hit-and-run motorists.

As is turns out, the two motorists stopped their cars on Sunset Boulevard and waited for the ambulance to transport the victim to the hospital. The young girl's mother was with her when she was hit and she initially responded by pounding on the hood of the first car with her fists and screaming, according to Commander Andy Smith of the LAPD. Of course Smith wasn't there when the incident happened and he wasn't there when the mother calmed down and told the motorists "It's not your fault." With her daughter gone and as the chaotic scene quieted down, the mother of the dead girl told the motorists they could leave.

The motorists left without offering their identification or contact information. They left without providing any insurance information. They left without contacting the LAPD. They left and went on with their business. They left what could be the scene of a crime. Even if the death of a pedestrian didn't make it a crime scene, it could very well become one when the motorists left without fulfilling their simple obligations to participate in the exchange of information and in the investigation of the tragic traffic collision that resulted in the death of a young girl.

But they both chose to accept the authority of a grieving mother who has just lost her daughter as enough to relieve them of any obligations under the California Vehicle Code. Apparently they both believed that a grieving mother had authority that trumps the laws of the land. Either that or they both simply didn't know the law and both lacked the simple common sense that would prompt them to consider it good form to chat with the local law enforcement folks. No matter how you slice it, it's simply unacceptable. Either way, their behavior was unacceptable and it resulted in the LAPD spending the best part of a day looking for them.

There were approximately two dozen witnesses at the scene who were interviewed by the LAPD as part of the investigation which was reported by the LAPD as being "a thorough investigation." Yet none of the witnesses and bystanders who came across the scene to offer assistance were able to offer the license plate information for the two motorists. Apparently everyone involved assumed that the identity of the motorists wasn't an issue, yet based on results, it was.

Will this result in the motorists being responsible for reimbursing the City of Los Angeles for the wasted LAPD investigative time? Loss of drivers license for demonstrating a complete failure to understand the responsibilities of a motorist involved in a traffic collision resulting in injury or death? Criminal charges for leaving the scene?  So far, none of the above. Capt. Lauer says, "At this point, we have not arrested nor have we booked either of the drivers. It appears to be a horrible accident."

3) This was unnecessary. It turns out, according to one LAPD source, that the first motorist hit the young girl with the side-view mirror of the car, knocking her to the ground. The second motorist then ran over the junior high school student as she lay on the ground, in the crosswalk.

Much can be made of the fact that the pedestrian was crossing against the red and, obviously, staying out of the crosswalk until the traffic signal indicates that is is safe to cross would be the simplest hindsight solution.

But in light of the fact that fully 20% of LA's parking meters are not functioning, it seems reasonable to ask if the demand actuated crosswalk signal control was actually functioning.

Further, the Fed Highway Administration (FHWA) recently released modifications to the Manual on Uniform Traffic Control Devices (MUTCD) and included enhancements to the standards for signal timing in an effort to support the needs of pedestrians. It seems reasonable to take this time to review the timing of the crosswalk and to determine if this signal adequately supports the needs of pedestrians.

LAPD sources indicate speed was not an issue. It was. The vehicles were moving and if the first car made contact and the second car was unable to avoid running over the young girl, then they were traveling too fast and too close. Sunset Boulevard is posted for 35 mph, both sides are residential neighborhoods and there was a school bus waiting on South Cliffwood, all great reasons to require and expect the motorists using Sunset to travel at a reduced speed that allows them to control their vehicles. Based on results, often harsh but always fair, speed was an issue.

The school bus was parked on a street with no sidewalks. Pedestrians walk in the street to get to intersections, learning along the way that the streets are engineered and designed for motor vehicles first, humans second. It doesn't excuse bad behavior but it certainly explains it. Pedestrians learn quickly to navigate the environment based on their needs, not on the rules.

A young schoolgirl's enthusiasm for catching her school bus and her decision to cross the street against the red is a dramatic wake up call that should cause us to look at all of our intersections that serve as transit transfer points. How many people are making bad decisions based on the need to catch a bus that may be two signal phases away. Think of all of the busy intersections that would benefit from pedestrian phasing or all-walk phases. How many lives would be saved?

4) Call for action. The LAPD has been around long enough and has been in hot water hot enough to know that words matter. The word "accident" must be forbidden, stricken from the official vocabulary of the Los Angeles Police Department. It has a dehumanizing effect on tragic circumstances and it desensitizes the public to the tremendous loss of life on the streets of Los Angeles. For all of the talk of public safety, our streets are a battle field and people are dying with increasing regularity. To use the term "accident" is to normalize the loss of life in traffic tragedies and that is completely unacceptable. It also positions us as helpless and we are not helpless.

5) Call for action. Sunset Boulevard is posted at 35 miles per hour and the speed limit certification is valid through February 14, 2014 which means that for the next four years, the LAPD can use radar/laser speed limit enforcement for the 14 miles of Sunset Boulevard from the Beverly Hills city limits to PCH. Will that be popular? Probably not. Will it make cut-through traffic less effective and attractive? Possibly. Will the use of radar/laser speed limit enforcement make Sunset Boulevard a safer street? According to the LAPD and the LADOT, radar/laser speed limit enforcement is the most effective tool for controlling speeding motorists and for making the streets safer. This would be a great time to put that claim to the test and Sunset Boulevard would be the place to start.

6) Call for action. The LAPD must stop making excuses for people who get behind the wheel of a motor vehicle, run over a human being, and then leave the scene of the incident. This incident must have been traumatic for everybody involved but especially the people throughout Los Angeles who are again reminded that motorists involved in traffic tragedies are free to leave the scene without identifying themselves and without fear of prosecution. Approximately one third of traffic collisions in Los Angeles result in a hit-and-run. Why? Because the LAPD accepts it, the City Attorney accepts it, the District Attorney accepts it, and worst of all, because the people of Los Angeles accept it.

Friday, January 22, 2010

Double Standards for Law Enforcement in Beverly Hills

If the Police Department came across somebody lying on the street with a gunshot wound, they would immediately secure the area as a potential crime scene, they would collect evidence and they would look for the person responsible for the crime. If a witness came forward and said "He went that way." they would pursue. If they found somebody holding a gun, they would detain the person and even protect the person's hands in order to examine for evidence of recent gunfire. The gun would be collected as evidence and tests would be run to determine if the bullet in the victim came from the gun and if so, the person holding the gun would be hard pressed to prove that they were not responsible for the gunshot victim's injuries.

Yet, if the Police Department came across a cyclist lying on the street with injuries that indicate some form of collision, they would look around at the debris, the skid marks, the damage to the bike and they would have the victim transported to the hospital while they filled out hit-and-run paperwork. If a witness came forward and said "He went that way." they would ask for a description of the vehicle and they would make a note on the report. If they found the vehicle that was involved in the hit-and-run collision, they would ask the owner if they knew anything about the hit-and-run collision and if the owner of the vehicle said "no!" they would leave the motor vehicle and the owner behind and return to the witness and the victim.

In the first scenario, they would confiscate the gun as a weapon, as evidence, as a clue that would be used to determine the identity of the criminal responsible for the crime.

In the second scenario, they would allow the owner of the vehicle to maintain possession of the weapon, they would accept the owner's denial of responsibility and they would file a report.

Imagine if the owner of the gun said "I put my gun on the coffee table, I went to sleep, and when I awoke, the gun was gone. I later found the gun and was holding it when the police approached but I am not responsible for the crime that took place. I know nothing." The Police Department would not allow the entire case to hinge on the victim's ability to identify the shooter. There would be other evidence that could be collected. The gun, the plausibility of the gun owner's story, the gun owner's record, the gun owner's alibi, etc.

Yet when a motorist's car is involved in a hit-and-run crime, invariably the case rests on the ability of the witness and/or victim to identify the person responsible for the crime.

Why is the vehicle (weapon) not collected as evidence of a crime? Why is the owner of the vehicle (weapon) not investigated and obligated to offer a plausible and verifiable explanation for who was operating the vehicle (weapon) when the crime was committed? Why isn't the owner of the motor vehicle (weapon) not responsible for offering an alibi that would confirm that the vehicle (weapon) owner could not have been behind the wheel? Why is the owner of the vehicle (weapon) not responsible for producing cell phone records and text message records that would indicate location and journey and intentions and serve as evidence that could be used to analyze the truthfulness of the vehicle (weapon) owner's story.

The simple answer is this:

If you use a gun to kill somebody, you're a criminal. If you use a motor vehicle to kill somebody, you're traffic. That standard must change.

The World Health Organization (WHO) estimates that four times as many people die from motor vehicle collisions than from war and conflict.

In Beverly Hills, hardly a war zone but definitely the location for conflict, a cyclist was recently hit by a motorist and knocked to the ground. (early December '09) It was a hit-and-run crime. A witness in another vehicle chased the motorist and returned with the license plate information which was presented to the Beverly Hills Police Department. The BHPD investigated the incident, taking the post-it with the license plate information from the victim, never to return it, going so far as to say they couldn't release the license information or the vehicle owner's information to the victim. The post-it and the license information were in the victim's possession until the Beverly Hills Police Department collected it for their report.

Five weeks after the hit-and-run crime, the Beverly Hills Police Department invited the victim to the police station to identify the suspected hit-and-run criminal. The victim looked at photos of six people and he indicated that they "all looked similar."

Since the victim was busy getting knocked to the ground and then was busy trying to deal with the shock and the fact that his bike was under the motorist's car and that the motorist then backed up and took off, all as he dragged himself and the bike to the curb, it makes sense that he didn't get a good look at the motorist, a look that would linger in his consciousness for five weeks waiting for the opportunity to identify the perpetrator of the crime from a half dozen lookalikes. On top of that, who looks like their photos?

But the police had the license plate and they had a witness and they had two merchants who saw the vehicle back up and drive away leaving the victim on the street.

What the Beverly Hills Police Department doesn't have is the moral conviction that when a person hits another human with a motor vehicle and then leaves them lying in the street, that a serious crime has been committed, that a weapon has been used in a violent assault on another human being, one that warrants a full investigation and that treats the incident as a crime, a real crime with a real victim and a real criminal.

The Cyclists' Bill of Rights states "Cyclists have the right to the full support of our judicial system and the right to expect that those who endanger, injure or kill cyclists be dealt with to the full extent of the law."

The Beverly Hills Police Department has failed the victim in this incident and in doing so, they have failed the community as a whole.

For more information on the Cyclists' Bill of Rights visit http://BikeWritersCollective.com

To contact the Beverly Hills City Manager, Jeff Kolin, call 310-285-1012

To contact the Beverly Hills Police Chief, David L. Snowden, call 310-285-2100 or 310-285-2125

To visit the City Council, consider riding as a group on Tuesday February 16, 2010 to the 7:00 pm City Council meeting.

"See you on the Streets!"