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One Month After Fatal Bike Crash, NYPD Hasn’t Answered Key Questions
Posted By Ben Fried On January 14, 2010 @ 3:50 pm In NYPD,Street Safety,Traffic Justice | 7 Comments
Here's a partial list of what we don't know. 1) The precise location of the crash -- in a phone call this morning, NYPD's public information office could not even say on which side of McGuinness the collision occurred. 2) Are there eyewitness accounts that might shed light on the speed of the vehicle and other circumstances of the crash? According to the Daily News , several onlookers were present at the crash scene, but NYPD could not tell Streetsblog whether any witness accounts are on file. 3) Whether the driver was legally permitted to use Nassau Avenue, which is not a designated truck route.
One month after the crash, these basic facts remain out of public view.
There are ways to extract information about crash investigations out of NYPD. Using New York's Freedom of Information Law, Charles Komanoff and the advocacy group Right Of Way were able to piece together details on dozens of cyclist fatalities in New York City from 1995 to 1998 for their report, "The Only Good Cyclist" [PDF ], which concluded that drivers were highly or partly culpable in 41 out of 53 cases.
In the Raulston case, however, NYPD has refused to make records of the crash available after receiving a FOIL request for their release. Streetsblog reader BicyclesOnly submitted a request  on December 14 for documents related to the crash investigation. Press accounts  had already been published stating that the truck driver would face no charges. Nevertheless, NYPD responded a week later, denying access to the records on the grounds that release "would interfere with law enforcement investigations and/or judicial proceedings." The denial was appealed on January 8, and NYPD has yet to respond to the appeal.
If you want to understand why traffic deaths happen, says Transportation Alternatives senior policy advisor Noah Budnick, there are two challenges: getting NYPD to release the information, and how the police collect information in the first place. "We've found that the amount of data that's collected at the scene, especially when it comes to bikers and walkers, is insufficient," he said. "They don't include a box to note the travel speeds of vehicles before the crash. There's nothing to record if the driver had a suspended or revoked license. There's no specific space to record roadway characteristics or street design. There's nothing that prompts them to automatically look for a truck route sign, bike lane, or other feature."
Roadway characteristics are highly relevant to the Raulston case. Images of the area near the crash scene on Google Street View  clearly depict signs stating that Nassau Avenue is not a truck route.
Streetsblog asked NYPD this morning if the investigation was still open, and received a prompt reply via email from a Detective Crispin: "There was no criminality suspected in this accident." So, the police suspect no criminality. That's still about the only thing we can say for sure.
Article printed from Streetsblog New York City: http://www.streetsblog.org
URL to article: http://www.streetsblog.org/2010/01/14/one-month-after-fatal-bike-crash-nypd-hasnt-answered-key-questions/
URLs in this post:
 published reports: http://www.nydailynews.com/ny_local/brooklyn/2009/12/14/2009-12-14_soulful_dj_killed_in_a_bike_wreck.html
 PDF: http://www.rightofway.org/research/cyclists.pdf
 Streetsblog reader BicyclesOnly submitted a request: http://www.livablestreets.com/projects/bicyclesonly/blog/2009/12/14/fatal-truck-on-cyclist-collision-nassau-ave-mcguinness-dec-13-2009/
 Images of the area near the crash scene on Google Street View: http://maps.google.com/maps?hl=en&source=hp&q=norman+ave+and+manhattan+ave+greenpoint&ie=UTF8&hq=&hnear=Manhattan+Ave+%26+Norman+Ave,+Brooklyn,+Kings,+New+York+11222&gl=us&ei=FQZOS-K7F8_Q8QaIr4nsDQ&ved=0CAkQ8gEwAA&t=h&layer=c&cbll=40.724611,-73.948256&panoid=jFRoZgOJ-KK721Cu2aqeVQ&cbp=12,256.19,,0,11.02&ll=40.724661,-73.948127&spn=0.001829,0.003836&z=18
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