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BICYCLIST WHO HIT JILL TARLOV IN CENTRAL PARK SAYS IT WAS AN ‘UNAVOIDABLE ACCIDENT’

September 24, 2014 | 9:21 AM
in NEWS
44

Screen Shot 2014-09-24 at 9.14.00 AM

Jason Marshall, the bicyclist who hit 59-year-old Jill Tarlov in the crosswalk in Central Park last week, broke his silence on Tuesday, releasing a statement through his lawyer. Tarlov died on Monday. As of Tuesday, Marshall had not been charged.

“I am deeply, deeply saddened about the accidental collision that I had with Ms. Jill Tarlov last week and her subsequent passing. I am utterly devastated. Please know that this was an unavoidable accident. I extend my deepest sympathies to Mr. Wittman and his entire family. Since the day of the accident, I and my family have been in constant prayer for her and her family. This is the deepest of pain. It is the deepest of tragedies.”

Central Park police have been issuing more tickets to bicyclists since the crash, according to A Walk in the Park: a total of 103 summonses were issued over 3 days. For the year, 608 bike summonses have been issued in the park, versus 169 in the same period last year.

Weekend breakdown of bicycle summons activity for the Central Park Precinct Friday- Sunday:
  • Friday, 9/19
    56 
    summonses issued
  • Saturday, 9/20
    27 
    summonses issued
  • Sunday, 9/21
    20 
    summonses issued
Total of 103
  • 42 summonses were issued in the targeted-enforcement  area of 60 Street and West Drive to 65 Street and West Drive from 9/18/14-9/21/14.
The top categories of the summonses issued:
  • Headphones: 30
  • Failure to yield to pedestrian: 29
  • Red light: 26

Bicycling and pedestrian advocacy group Right of Way also put up signs saying “20 is Plenty,” urging bicyclists to slow down.

The Times reports, however, that police presence was light on Tuesday, and lawbreaking continued.

“But in Central Park on Tuesday afternoon, the police presence was light. In the immediate vicinity of Thursday’s accident, only one police car appeared during a two-hour period. Through a loudspeaker, the police officer, without leaving his car, warned a cluster of cyclists to stop at the red light.

As the afternoon wore on, nearly a dozen other cyclists ran red lights, sometimes looking around as if to see if anyone was watching. They also rode in a lane on the inbound side of the road that is designated for pedestrians and joggers. One cyclist even did so while heading in the wrong direction.”

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dcortex
dcortex
11 years ago

Now I’d advocate for Bike Riders to be Licensed or not be allowed to ride in NY after hearing that this idiot couldn’t prevent an accident in which he struck a legal pedestrian.

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B.W.
B.W.
11 years ago
Reply to  dcortex

It was unavoidable and a horrible tragedy. He was swerving to avoid a group of people who were in the bike lane in which he was legally traveling in. It’s as much the responsibility of the pedestrians as it is the bike riders. Believe me, I run there all the time, and the tourists are the worst!

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CSH
CSH
11 years ago
Reply to  B.W.

As someone who often leisurely rides a bike throughout the city, I’ll say that there should be enforcement of 1) bikers and 2) pedestrians.

On most nice days, it’s impossible to bike down the West Side bike trail because of pedestrians walking in the bike lanes.

Everyday, it’s impossible to bike down the Eighth Avenue bike lane because of pedestrians.

I was stopped once for riding on the sidewalk adjacent to Riverside Park, yet the entire two hour ride on the West Side bike trail, not a single pedestrian was ticked.

That’s because THERE IS NO LAW AGAINST WALKING IN A BIKE LANE. A serious failing of our ability to co-exist in our transportation around the city.

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Matt H
Matt H
11 years ago
Reply to  CSH

Of course there’s a law against walking or running in a bike lane. Also laws against disobeying rules posted on signs in parks.

Here’s the relevant vehicle law for pedestrians. This is a state law (from the VAT section of state code), but not superseded by anything in the NYC-specific vehicle code. Note that a bike lane, even a protected one, is part of the roadway:

§ 1156. Pedestrians on roadways. (a) Where sidewalks are provided and
they may be used with safety it shall be unlawful for any pedestrian to
walk along and upon an adjacent roadway.
(b) Where sidewalks are not provided any pedestrian walking along and
upon a highway shall when practicable walk only on the left side of the
roadway or its shoulder facing traffic which may approach from the
opposite direction. Upon the approach of any vehicle from the opposite
direction, such pedestrian shall move as far to the left as is
practicable.

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Sam
Sam
11 years ago
Reply to  CSH

It’s funny you mention that. I run all the time on the Riverside path on the water. The “bike lane” clearly has outlines of both bikes and pedestrians on all the lane identification paint on the ground.

I’m not sure it’s designated as solely a bike lane, and if it is it should be more clearly labeled.

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jt
jt
11 years ago
Reply to  B.W.

Here’s a radical idea–instead of SWERVING to avoid a group of people and hitting someone else, why not just slow down or STOP? The responsibility here lies with that particular cyclist and no one else. He was reckless at the very least.
I haven’t heard an apology for his part in this—that statement is lawyer b.s.

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Andre
Andre
11 years ago
Reply to  B.W.

Unavoidable? That’s ridiculous for him to say that and anybody else to agree! Central Park is not a place to ride your bike in high speed. Yes there are tourists, yes there are locals who could be distracted, which doesn’t mean an idiot has the right to speed so much in a way that cause this tragic death. Central Park is busy with pedestrians, the bikers MUST ride responsibly!

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Tom D
Tom D
11 years ago
Reply to  B.W.

How do you know that he was swerving to avoid others? Seems possible with all of the people that are there.

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Greta
Greta
11 years ago

Ugh, what a lawyer-coached fake apology, devoid of culpability:

“I am deeply, deeply saddened about the accidental collision that I had with Ms. Jill Tarlov last week and her subsequent passing.”

Not “sorry I hit her and allegedly was calling out, ‘Move, move.'”

And it wasn’t her “subsequent passing,” it was her consequent passing.

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UWSer
UWSer
11 years ago
Reply to  Greta

This is exactly what I hear too. Just lawyer speak to avoid punishment.

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Fred
Fred
11 years ago

It’s amazing the coverage this story has generated. Two people have died from being struck by a bicycle in the past 5 years in NYC. Almost a hundred times that many have been killed by automobiles just this year.

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Noreaster
Noreaster
11 years ago
Reply to  Fred

+1. Have been wanting to say the same myself. Where is the anger and frustration about deaths (both to bicyclists and pedestrians alike) cars, trucks, and busses? People have gotten so complacent about motor vehicles.

We need:

Better enforcement of infractions all around — pedestrians, bicyclists, drivers, EVERYONE.

Separated lanes for bicyclists and cars. Sidewalks throughout the park for pedestrians.

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Woody
Woody
11 years ago

If we’re going to go after cyclists for unlawful behavior, then it’s also logical to go after pedestrians for jaywalking infractions which put themselves in harm’s way and disrupt the flow of traffic.

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Marianne
Marianne
11 years ago
Reply to  Woody

Did he have breaks on his “fixed” bike? Was he obeying the speed limit? Did anyone check the stats he posts online, boasting of speeding in a public park?

Why didn’t he stop??

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Nathan
Nathan
11 years ago
Reply to  Marianne

Yes, he had brakes. It’s not always possible to stop in a short distance because…physics. That is why one should maintain a safe speed for the conditions though, which includes accounting for pedestrians ambling across the street.

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Maria
Maria
11 years ago

I ride a black, Dutch-type bike. I don’t wear spandex- I ride in heels and dresses on my way to and from work. I regularly swerve around and yell at pedestrians who block the bike path, cross against the light and often do both with either headphones on or a phone against their ear. I am also a walker…and a driver. No matter what your mode of travel- we all have to realize that we are not the only ones on the road. Everyone needs to slow down, look twice and pay attention.

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Chris
Chris
11 years ago
Reply to  Maria

Well said.

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Jeremy
Jeremy
11 years ago
Reply to  Maria

Hey Maria – just a little science project here. When you’re a pedestrian, how often do you find yourself having to yell at cyclists?

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Michael
Michael
11 years ago
Reply to  Maria

I too ride a bike in Manhattan as part of my commute. Pedestrians regularly block the bike lane, cross against the light or are completely distracted by their headphones/cellphones. They put themselves in danger. However, it is still incumbent on the cyclist to operate their bike in a safe manner. And cyclists are still required to yield to pedestrians, in the right or in the wrong. Those are the rules. Same as for cars. A cyclist is expected to operate their bike in anticipation of having to avoid potential pedestrians in their path. Best way to do this is to moderate your speed so you have ample time to react. Unfortunately, not all collisions are avoidable even under the safest of riding practices. Simply going after cyclists with tickets & fines is not the answer. Pedestrian education needs to be part of the equation. A part notably lacking from the Mayor’s Vision Zero initiative.

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Ruben Giron
Ruben Giron
11 years ago

I’m so glad there is a crackdown on bicyclists. Although there are plenty of safe bicyclists, it has been my experience that in general, bicyclists are not safe conscious. There have been so many times that a bicyclists has ridden past me within inches (literally) at full speed and when I’ve cautioned them, they have shot back uncaring comments back at me and my wife. In general, they have a poor understanding of safety and it appears that they think that they own the road (sometimes the sidewalks too). It’s so unfortunate about this accident. That’s not to say that those of us on foot are not without fault too. We pedestrians need to be watching for our own safety too by looking both ways when we cross. Sometimes it’s not a matter of who’s in the right…it’s a matter of being safe.

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David B.
David B.
11 years ago
Reply to  Ruben Giron

I finally figured it out!! I run in the park everyday and the solution is not to ban bikes or cars or whatever. The solution is to ban those spandex outfits and racing bikes/gear. Why do they need it unless they are racing and timing themselves. There you go…no tights no speeding bikes. Your welcome:)

Also some speedbumps would go a long way, especially at the bottom of the hill crossing to the west of Belvedere Castle near 80th street. And a few other strategic places. This goes ever more for Riverside Park. Don’t even get me started with the situation over there.

Be safe out there people and happy new yr.

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David Goodman
David Goodman
11 years ago
Reply to  David B.

So rather than you getting started about the situation in Riverside Park allow me.

The shared walkway along the river has been designed to be a highway for bicyclists which walkers are allowed to share at their own risk. Walking there is unnerving.

It took me a long time to realize that the most comfortable way to walk there is to face into the bicycle traffic just as one does when walking on a country road. It is close to impossible for couples,families with children or groups of friends to stroll along the river without being in a state of vigilance. Sometimes it feels necessary to walk single file.

Part of the joy of walking in the park is the feeling of nonchalance. Don’t look for that in Riverside Park where there is no path that is not shared.

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JMS
JMS
11 years ago

I find myself more afraid of people on bikes than cars, at least (90% of the time), cars obey the traffic laws. Bicylists SPEED through red lights more often than not, and in central park you should not be going racing speed knowing there are tourists EVERYWHERE. Something needs to be done.

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Lisa
Lisa
11 years ago

Anyone who spends any time in the Park knows that pedestrians, runners, and cyclists all adhere to the rules of the road as “rough guidelines”. I’m fairly rule-oriented but I’ve run outside my lane and ridden through lights at times. This is a HORRIBLE accident but I think we should all be cautious in attributing blame since we weren’t there. But a family lost a loved one and that is very, very sad…

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Nathan
Nathan
11 years ago
Reply to  Lisa

Exactly. Pedestrians and cyclists alike don’t obey the rules. Cyclists need to exercise more caution around pedestrians, just and drivers need to exercise more caution around cyclists though.

Giving out tickets and more strictly enforcing the laws will not work. Not unless it’s really heavy-handed and pedestrians are also ticketed.

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Joe Peritz
Joe Peritz
11 years ago

It is all well and good that more summonses are being issued. But, until the city finally segregates pedestrians/joggers from cyclists at peak usage times these horrible accidents will continue.

Cyclists frequently can be observed going at dangerously high rates of speed. Numerous “close calls” between cyclists and pedestrians/joggers occur every day. During weekends and/or high use usage periods of the day, lanes must be restricted for types of use. Those who choose to jaywalk or run red lights at crosswalks must be subjected to harsher penalties including stiff fines and, for repeat offenders, mandatory jail time. Without these changes, expect more senseless tragedies.

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jason
jason
11 years ago

JUST SLOW DOWN!! It really is that simple, slow down.

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philca
philca
11 years ago

I walk almost everyday in the Park around the West 60’s
The cyclists are not complying to the red lights and are going too fast. PERIOD
The argument of the lawyer, who was not present as far as I know, means nothing.A car driver, a cyclist has to control his vehicle.
Same rule applies to the pedestrians. We have to stop at the lights and to cross the roads at the appropriate locations PERIOD
I urge NYPD to enforce the law .

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jc
jc
11 years ago
Reply to  philca

Why would anyone speed in central park unless they had no regard for others in the park? This is central park nyc and there are always tons of people around. Dear lawyer, the question is speed, negligence and reckless behavior that killed a fellow human being. Why is this so different just because someone was on a bike vs. a car?

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al chimenti
al chimenti
11 years ago

We all know that pedestrians have the right of way. I got that. I drive in and out of NYC 5 days a week and I ride a bicycle 4 or 5 days per week. People are constantly walking against the green light and not paying attention. Pedestrians always have the right of way, BUT that does not give them the right to put themselves and other people in danger by not being a responsible pedestrian by ignoring the cross walks and walking signs at intersections. Just take a look at any intersection and you will see people standing in the street while waiting for a chance to cross the street, instead of being on the sidewalk. Vision Zero?????
Has anybody seen or heard any plans to educating pedestrians to the fact they have a responsibility here as well.
Are any of you old enough to remember the add campaign 40 years ago that said “cross at the green and not in between”???
This cyclists was riding way too fast to brake in time to avoid the crash, but was this poor woman being aware of her surroundings???? I think not.

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K8
K8
11 years ago

“As the afternoon wore on, nearly a dozen other cyclists ran red lights, sometimes looking around as if to see if anyone was watching.”

Could it be that the cyclists were actually looking around to see if there were pedestrians waiting to cross, and seeing none, proceeded? To say they were looking around to see if anyone was watching seems to be adding a purposeful bias just to rile-up the anti-cycling crowd.

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Dave
Dave
11 years ago

A much greater danger city-wide is cyclists riding on the sidewalk, which we all see everyday.

Often I notice this in front of police. The NYPD need to enforce the law.

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UWS Biker
UWS Biker
11 years ago

Riders need to slow down when coming upon a large group of people. In the CP loop, the track bikers tend to dodge instead of stop to keep time. This is dangerous and causes terrible accidents. The biker should be charged with vehicular manslaughter. A person died. Because there are no punishable offenses, bikers in CP have no incentive to change their dangerous behavior and won’t.

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Chris
Chris
11 years ago

Just posting a comment I made earlier on another post:

“THIS IS MY CONCLUSION: SPEED is the problem. (READ DETAILS below; I didn’t have more time to edit this so please excuse some confusing points; otherwise, you should understand).

MY 1st SOLUTION: Get rid of cars from Central Park at all times. They have enough space in NYC. Make the pedestrian and bicycle lanes wider utilizing the current car lane. Add a protected barrier between the pedestrian and bicycle lanes. Force bikers to drive at 15 MPH or less, and STOP at pedestrian crossings. Also force pedestrians to wait for the light.

MY 2nd SIMILAR/DIFFERENT SOLUTION: Get rid of cars from Central Park at all times. They have enough space in NYC. Make the pedestrian and bicycle lanes wider utilizing the current car lane. Add a protected barrier between the pedestrian and SLOW bicycle lanes. Add a 2nd protected, COMPLETELY CLOSED, FAST bike lane on the right that allows all the crazy bike speeders to speed at 35 MPH or more for what I care. (ULTRA FAST BICYCLE EXERCISERS can only enter and exit the lane at a few entrances around the 6-mile loop.) Oh yeah, and BUILD pedestrian bridge crossings at current traffic lights. Get rid of traffic lights for the FAST ENCLOSED-”EXERCISE” bike lane. Keep traffic lights on the SLOW bike lane to allow SLOW bikers to hop off their bikes and exit through the traffic light “protected barrier” gap to cross the pedestrian bridge crossing to exit the park, etc.

DETAILS: As far as I see it, SPEED is the main problem. First of all, there should be way more bicycle lanes in ALL of NYC, not only Manhattan or main streets in other boroughs. Yes, in Manhattan I agree, sidewalk bicycling is just out of the question. But, consider other boroughs where there are usually more cars than pedestrians, especially in the more rural areas. Obviously, its safer for bicyclists to ride on the sidewalk at a SAFE speed of 6 miles per hour or less. If bikes are “considered” vehicles, why don’t they have mandatory mirrors? Imagine turning your head to check for an incoming vehicle riding at the so called “25 MPH.” Unfit bicyclists, especially older people, would lose control, and the vehicle would crash into them or another vehicle to avoid them. See what I am saying here: In all of my mentioned examples, SPEED is the problem. Cars want to go at least 25 MPH in the city. Since this makes sense for car drivers, then bicyclists don’t belong on the street, unless there is a protected bicycle lane with strong barriers. Car drivers are a completely different entity. Car drivers have a lot of protection from steel on all sides. 25 MPH may seem slow to car drivers so they might exceed it accidentally or on purpose. If bikers suddenly change the lane or fall of their bike, car drivers won’t have enough time to react. The same could apply for pedestrians on sidewalks. Since pedestrians usually walk at around 4 MPH or a little more, bicyclists should use their protected bicycle lane. However, the pedestrian VS. bicycle problem is completely different. Most bicyclists reach a normal speed of 8 MPH, unless they want to be exhausted or have too much energy. Obviously (8 MPH bicyclists) see (4 MPH pedestrians) and can STOP easily to avoid hitting them on the sidewalk. Seriously, cars and bikes don’t mix well at all. Imagine an elderly person driving on a bike down 5th avenue on the left hand side. Its a complete catastrophe. I know for a fact, that elderly person would be much safer on the sidewalk even if its Manhattan, considering that there is no protected bike lane on 5th avenue. To all you who oppose bicycle riding on sidewalks, I have one thing to say: Children of the age 12 or under the age of 12, who are allowed to ride on sidewalks with their bikes, are literally speed demons. Trust me, I see kids speeding on bikes all the time, possibly exceeding 14 MPH. That’s because they try to speed for the thrill of it. If children lose control on their bikes on the sidewalk, that obviously endangers pedestrians, especially other small children. KEEP IN MIND, 12 year old children usually have bicycles with 26 inch in diameter tires, which the law clearly states is illegal.”

Response about Sidewalk Riding: Its NOT the problem. Sidewalk riding can be safe if cyclists would ride at a reasonable 6 MPH, (NOT including Manhattan streets). When cyclists race down at 10 MPH or more, that’s dangerous even on the street to unsuspecting car drivers opening doors, etc. Seriously, SPEED is the problem. Riding at 18 MPH on a bike is damn scary.

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Zeus
Zeus
11 years ago
Reply to  Chris

You have too much time on your hand buddy.

As the old saying about drugs in the 1970s & 1980s:

SPEED KILLS!!!

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LTG
LTG
11 years ago

As a cyclist and pedestrian I know it from experience that the guy was going too fast to slow down and avoid an accident. That’s his fault. He should be charged in her death. As a pedestrian (who cycles) I know not to trust cyclists so I walk defensively when I cross the road. Officials who run the park traffic are not doing a good job of figuring out how to prevent problems and the results are catastrophic and deadly. Shame on the Parks Department. Walk and cycle defensively because this is not the Central Park of 20 years ago.

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Cara
Cara
11 years ago

https://nymag.com/daily/intelligencer/2014/09/did-a-cycling-app-contribute-to-bike-death.html

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LTG
LTG
11 years ago
Reply to  Cara

Thanks Cara for your posting. I had no idea about all the Strava competition. Sounds like Marshall will need a better lawyer. I hope this tragedy forces improved cycling safety in NYC parks.
From the article:

“The details of last week’s bike accident that resulted in the death of 59-year-old pedestrian Jill Tarlov aren’t clear yet — why did cyclist Jason Marshall swerve? Did he rip by or only go the “8 or 9 mph” he claims? What even is the law about cyclists in car lanes? — but one thing all sides agree on is that Central Park is not the place to try to set speed records, particularly at midday during tourist season. Marshall, a jazz saxophonist and avid roadie who on average cranks out 250 miles a week, has been laid into for riding very fast at times in Central Park — and we know he had a habit of doing so because he fastidiously logged his rides on Strava, a popular social-media app that encourages cyclists to compete, even when they are riding alone. The question being asked by some in the cycling community: Did his use of the app play any role in the accident?”

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jd
jd
11 years ago

In that area of the park, you should not be speeding. There’s plenty of opportunity to speed in the upper sections of the park, which is not heavily traveled by pedestrians.

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Josh
Josh
11 years ago

Has anyone here crossed the park at that intersection. I often wait for the right of way (crossing light) only to then have to dodge bicyclists. I often times think, why did I just wait a minute or two only to dodge essentially the same bikes I could have dodged had I just crossed whenever.

So is the solution that pedestrians should wait and lay in the hospital feeling vindicated that at least they were critically injured by a bicycle who was in the wrong.

So effectively pedestrian education should be: bicyclist don’t care. cross at your own risk. Don’t think that because you are elderly, carrying a child (like I have), or even disabled that bikes will slow down even with a red light.

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Ted
Ted
11 years ago

A good friend who is a nationally known trauma surgeon always says there is no such thing as an accident. Someone was wrong in this tragedy. This cyclist was just dropped out of the sky into this wreck. He was going too fast, not paying attention or just failed to yield. Any way you look at this it was not an “unavoidable” accident.

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Lucas
Lucas
11 years ago

Seems that incidents like this, along with pedestrian accidents and robberies, have become much more prevalent since DeBlasio moved into Gracie Mansion.

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Chris
Chris
11 years ago

I live at 63rd and CPW I have never seen a cyclist stop for a red light in this area since 1996.

0
Reply
webot
webot
11 years ago
Reply to  Chris

License plates on bikes and cameras a the lights , and a bike speed limited should all be considered to make sure this does not ever happen again.

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Reply

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