vol

The headphone worn by the cyclist is what the driver's attorney uses for defense. There are also many nasty online comments blaming the cylist's wearing the headphone for his demise, and not the least on the driver.

CliffordK

One of the issues here is the fender extensions which appear to be a few inches wider than the width of the body of the bus. There are specific exclusions for side mirrors, lights, and load ratchets. However, fender extensions (with relation to vehicle width) seem to be mentioned on some local laws, but not on federal laws.

It is possible that the bus and rider were drifting together, and would have impacted anyway, but those fender extensions took the rider down, there was no recovery from them.

In at least one of the articles, it says:
https://www.dailymail.co.uk/news/art...Citi-Bike.htmlThis is a poor interpretation of cycling, and the events shown in the video.

As the slow mo video from the rear clearly shows (and the still I submitted on the previous page), the bus's front fender extension hit the cyclist's handlebars. This threw the cyclist off balance, and probably was an event unrecoverable for virtually any cyclist.

Saying the cyclist "fell over" throws blame on the cyclist, when "being hit from the rear" would throw blame on the driver.

This is likely as important as the headphones and honking.

"fall over" is poor language choice, and a sign of very poor witnesses/expert witnesses presented by the prosecution.

Poor parking of the vehicles on both sides of the roads also contributed. Nonetheless, vehicles are required to safely pass, with adequate clearance despite varying road conditions.

csport

Totally right, also, this is what was said a year ago in the article linked by mr_bill in post #44 (the authors of the article saw the video then). Presentation by DA's office could be made stronger.
Just thought about this: a similar fall would happen if the other end of the handlebars hit an opening door of a car. Such an impact causes the wheel to turn towards the car, and the rider falls onto the back and into the roadway, away from the car. Different situation, same physics.

noglider 

I can't bear to watch the video. I hope you don't mind my questions about it.

Does it show the bus hitting the handlebar? Or is it at least clear that the strike between bus and handlebar caused the loss of control of the bike? If yes to either of these, doesn't that place the fault fully on the bus driver?

I see how the badly parked vehicles contributed, but I think their drivers are guilty of bad parking, not causing a death.

mr_bill

Yes, it shows the fender hitting the handlebar. Yes, it shows that strike caused the loss of control. It also shows that the rider held a straight line and did not swerve. Yes, the bus operator is fully responsible for the crash he caused.

Thankfully a professional reporter beared to watch the video about a year ago. Her reporting meant that the DA could NOT walk away from this. Unfortunately, the DA still grossly undercharged.

-mr. bill

vol

According to this article: Chelsea Residents Warned City About Buses Using Side Streets Near Citi Bike Death

mr_bill

Guilty.

-mr. bill

noglider 

According to that article, he may be the first to spend time in jail for failure to yield right of way.

mr_bill

Streetsblog - ‘Justice’: Killer of Citi Bike Rider Dan Hanegby is Guilty

-mr. bill

csport

It is defendant's lawer's duty to counter the prosecutor, but this statement is ridiculous. It may not be obvious to general public, but here is a short note on countersteering by Jan Heine: https://www.adventurecycling.org/def...ring_Heine.pdf
The rider "lost control of the bike" because the bus hit the handlebars. Assuming that the bars were twisted by 15 degrees and no wheel slipping, the bike would be thrown into a curve of radius equal to wheelbase/angle = wheelbase*180/(pi*angle_in_degrees) = 60/angle_in_degrees = 4m. Now, the acceleration when riding a curve is velocity^2/radius. Assuming velocity of 5 m/s (11mph), acceleration is 6 m/s^2, roughly 2/3 of gravity. For a 150lbs rider+bike the centrifugal force amounts to 100lbf, acting from right to left. The rider has zero chances in such situation. Claim that the rider lost control of the bike because of being oblivious contradicts the laws of physics.
That should have been stressed by the DA's office. The exact nature and the size of the effect was not obvious to me before I thought about it, and I majored in physics. Given that the defense can hire some paid expert witnesses, can DA's office use experts willing to work for them on a pro bono basis? Given that the DA is a public prosecutor, can public assist him in such cases? There are many cyclists with a degree in physics who would be willing to counter the scientifically wrong claims made by defense.

CliffordK

Finding the driver guilty of any charge will open the bus company and driver to lawsuits.

It is unlikely this will be the last we hear of this case.

vol

The impression I got was that this driver may well end up not actually serving jail time just like all the others that were found guilty:

mr_bill

noglider 

It's a good letter, and it shows how unjust the sentence is. I'd like to know if the driver grasps just what he did wrong.

vol

The letter only mentioned the pains caused to the family. Obviously and foremost there were the pains suffered by the victim himself before leaving the world. 30 days maximum?

mr_bill

JoeyBike

Sadly, none of this brings back the dead or prevents similar incidents in the future. Our bike share in New Orleans is nearing 1 year of operation and miraculously zero of our drunk tourists have been smacked down so far. Just a matter of time I imagine.


Source

CliffordK

This conviction will open the driver and company to a significant civil lawsuit.

I'd rather see civil penalties rather than sitting rotting in prison. Take away the DL or CDL if you wish.

Insurance shouldn't cover the entire liability. Take some personal liability too.