The Toronto Star is reporting that a cyclist was killed on Thursday at 1:00pm after being doored and run over on Eglinton Ave. near Braemar Ave (Map).
A 57 year-old male cyclist was killed today after a collision with an opening car door hurled him into oncoming traffic. He was the city's 20th traffic fatality this year.
The accident occurred as the man was biking eastbound on Eglinton Ave., near Braemar Ave., just after 1 p.m. this afternoon. The cyclist was struck by a Ford cube van after colliding with the driver's side door of a parked Volvo, police say.
He was taken to hospital, but died from his injuries around 5 p.m. this evening.
Police are asking for any witnesses to the collision to call 416-808-1900.
I'm sure more details will show up in the media soon, and ARC will hold a memorial next Thursday.
Very sad. I was hoping this year would continue on a positive note...
Updated media links:
- Toronto Star
- CBC
- National Post
- Toronto Star - With Bike Union quotes, and "it does not look like charges will be laid".
- Toronto Police press release (PDF)
Update: Charges laid.
Comments
Paul (not verified)
Thank-you Ben For Supporting My Point
Sat, 07/05/2008 - 08:27Your eloquent words Ben are truly a breath of fresh air. Apparently you have difficulties reading because in giving me your prestigious award you completely missed the point. I never argued that police should not investigate. All I said was they should lay the correct charge that will end in cinviction. Not lay the wrong charge that will be thrown out of the courts because it can't be proven.
I hope you cycle better than you read. If not, you are probably bringing enough attention to yourself to give us all a bad name.
Luke Siragusa
Re: Law and accident prevention
Sat, 07/05/2008 - 11:54Tone:
I don't follow. If a motorist changes lanes, cutting off and consequently killing a motorcyclist because he failed to see him, i.e., the rider was in the blind spot, the errant motorist would still be culpable. The law considers him so; and contingent upon the outcome of the transgression he could be charged with a host of infractions including criminal negligence causing death.
This is the whole point in being licensed to drive a motor vehicle: you're supposedly instructed about hazards such as blind spots in the vetting process; to disregard them while operating a car IS by definition to be negligent in one's responsibility to manage the machine in a safe manner. There is nothing ambiguous about this, nor should there be.
So let's stop apologizing for motorists who "act responsibly" and still kill cyclists. Let's stop passing the buck round and round, obfuscating the issue with extenuations such as deficient infrastructure and minimizing the responsibilities of the motorist.
I'm on no quest for vengeance here; just a mechanism that leaves no room for equivocation, that clearly demarcates the price of transgression. I think it's imperative in rectifying the situation. Sure the motorist may be inattentive or make a mistake, etc. and cause a fatal accident but guess what? If he was or did, he is negligent and depending on the outcome perhaps criminally so.
There is nothing new in what I'm espousing; drunk driving laws exemplify such a model. They are concise: no matter if you're operating your vehicle in a more considerate and precise manner than your fellow motorists, many of whom shouldn't be licensed to operate a lemonade stand, if you blow over the legal limit you lose your license. End of story. Even if to all outward appearances you've done nothing wrong, it's still no if, ands, or buts. Few would argue against the wisdom of such a law because its greater purpose and effect is easily apprehended: it stigmatizes drunk driving and broadly deters related "accidents". Why not the same approach to dooring?
What's confounding in this case is that the highway traffic act simultaneously prohibits this type of behavior by motorists then dismisses it with a negligible fine. That's the disconnect that should be addressed.
Tone (not verified)
I don't think we actually disagree
Sat, 07/05/2008 - 13:39Luke said:
"I don't follow. If a motorist changes lanes, cutting off and consequently killing a motorcyclist because he failed to see him, i.e., the rider was in the blind spot, the errant motorist would still be culpable. The law considers him so; and contingent upon the outcome of the transgression he could be charged with a host of infractions including criminal negligence causing death."
Agreed. I think the problem here is I'm (perhaps incorrectly) drawing a distinction between infractions under the HTA (which result in fines and loss of driving license) and criminal offense ... which can result in jail and other loss of freedoms.
Certainly, the law as it stands charges people under the HTA and can include fines and loss of license. Whether or not there should be stiffer penalties for the improper opening of doors under the HTA ... not sure. But, I'm fairly certain that the HTA infractions are about the act ... not the consequence. So whether you open a door and injure someone or kill someone doesn't make any difference under the HTA (I think ...)
Criminal code acts are about intent and consequence. If there is gross negligence, a traffic accident can become a criminal code offence (negligence causing death), but the threshold for that is fairly high.
You seem to be advocating for stiffer fines under the HTA, which seems quite reasonable and an integral part of any larger education campaign. David (who I was responding to earlier) seemed to be advocating for a lower threshold for negligence (i.e. making a dooring become a criminal code offense) which I thought was problematic.
Again, I know just enough about the law to be dangerous in conversation, so if I'm wrong about the nature of the HTA or the criminal code ... well then all of this might be a lot of hot air.
AnnieD
Blind spot or blocked view?
Sat, 07/05/2008 - 14:05While parked early this morning, I took a look back to figure out how big a blind spot there is when checking for cyclists and I don't know what people are referring to here. It's not like when a person is driving and can only look back by way of the rear view mirrors, so what's this blind spot that everyone is talking about? Now I'm usually a front seat passenger (I don't drive) so one thing I didn't realize is the impact that larger cars behind you can have on your view. We had an SUV behind us, so we couldn't see anything further back than 3 cars (which would have been less had the SUV been closer). That's mere seconds for any bike traveling at a good speed.
To the person who said that drivers look for cars but not bikes when opening their doors - do cars even drive in the door zone??? Oh wait - of course cars don't drive in the door zone - that's where all the bike lanes are! (I know I sound like a broken record on this but it really really irritates me).
redphone (not verified)
to AnnieD
Mon, 07/07/2008 - 14:05When I made that comment, I was thinking of all the roads WITHOUT a bike lane that cyclists must use. In such cases, parked cars are generally looking for cars - it's what your instincts are honed to do at the moment.
The problem is, drivers must be sure to start including cyclists in their rule book. Just like a person crossing the street must look for motorists AND cyclists, etc etc.
The whole point is, cyclists need to have a high priority in the social consciousness too.
AnnieD
I know, I was being facetious
Mon, 07/07/2008 - 16:52I'm normally a pretty easygoing person, but the whole 'bike lane in the door zone' issue brings out the snarky in me.
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