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Video Shows Driver Hitting Pedestrian in Brooklyn Crosswalk. Does NYPD Care?

A driver hit a pedestrian who was crossing with the right of way in Brooklyn on Saturday, but it’s unclear if NYPD filed charges or is pursuing an investigation.

The crash happened at the intersection of Marlborough Road and Beverley Road, a signalized crossing. As shown in the above video, sent to us by reader Olgierd Bilanow, the victim (on the far sidewalk, wearing light-colored clothing, at the top of the frame) was crossing Beverley when the driver of a white van struck him while turning left. FDNY has not responded to a query about injuries to the victim.

Writes Bilanow:

The pedestrian was taken by ambulance to the hospital. My security cameras recorded the incident and I showed the video to the police officers at the scene. You clearly see the pedestrian wait for the light, look for oncoming traffic, and then cross in the crosswalk. Two-thirds of the way through the van turns and knocks him over. From what I could tell the driver was allowed to leave once the police took down their report and so far the 70th Precinct has not contacted me for the footage.

Under the Right of Way Law, it is a misdemeanor for a driver to cause physical injury to a person who is walking with the right of way. But NYPD does not investigate most crashes in which pedestrians and cyclists are injured by motorists.

Because the Collision Investigation Squad was not dispatched to the scene, the NYPD public information office had no record of the crash. Attempts to reach detectives at the 70th Precinct were unsuccessful.

With NYPD showing no interest so far in video evidence that’s known to be available, this looks like another collision that won’t get much attention from police.


Tonight: DOT Workshop on Atlantic Ave Segment Where Driver Killed Senior

Atlantic Avenue at Grant Avenue, when a driver killed 70-year-old Helen Marszalek. The nearest crosswalks are a block in either direction. Image: Google Maps

Atlantic Avenue at Grant Avenue, where a driver killed 70-year-old Helen Marszalek yesterday. There are no crosswalks at the intersection. Image: Google Maps

Yesterday a motorist killed a senior who was trying to cross Atlantic Avenue at an intersection that has no crosswalks. Tonight DOT will host a public workshop to solicit input on a safer design for Atlantic between Georgia Avenue and Rockaway Boulevard, which includes the site of Monday’s collision.

Helen Marszalek, 70, was walking across Atlantic at Grant Avenue at around 1:30 in the afternoon when she was struck by the driver of a BMW sedan in the westbound lanes. Marszalek, who lived nearby, died at Brookdale University Hospital, DNAinfo reported.

Helen Marszalek. Photo via Daily News

Helen Marszalek. Photo via Daily News

The crash occurred on a segment of Atlantic that the de Blasio administration has singled out for improvements as part of the Vision Zero Great Streets program, which concentrates on four of the city’s most dangerous streets for walking: Atlantic Avenue, Queens Boulevard, Grand Concourse, and Brooklyn’s Fourth Avenue.

Atlantic Avenue at the site of the crash is six lanes with a center median. Last summer DOT unveiled plans to redesign medians and add vehicle turn bays between Pennsylvania Avenue and Conduit Avenue, to the west, where the crash rate is higher than on 90 percent of Brooklyn streets. Phase two of the project would focus on Atlantic between Conduit Avenue and Rockaway Boulevard, encompassing the intersection where Marszalek was killed.

Based on phase one plans [PDF], DOT does not intend to reduce the number of car lanes or add bike lanes on Atlantic Avenue, though such design elements are known to reduce injuries and deaths. For phase one, DOT has proposed raising the median, turning it into a barrier that will discourage people from crossing where there are no crosswalks.

Video from the scene of yesterday’s crash showed the BMW with a dented hood and extensive damage to the windshield, indicating a high-speed collision. “I heard the boom,” said witness John Montes, the Post reported. “I ran over, and the woman … wasn’t moving.”

Read more…


On Day of Remembrance, Mayor Pledges to Take Vision Zero “a Lot Farther”

Hundreds of people walked from City Hall to the United Nations yesterday to remember victims of traffic violence and call for action to prevent more loss of life on the streets. Addressing the crowd before the march, Mayor de Blasio said his administration’s effort to eliminate traffic deaths “has just started” and pledged to “take it a lot farther.”

At the insistence of the de Blasio administration and NYC street safety advocates, Albany enacted legislation in 2014 to lower the default speed limit to 25 mph and increase the number of speed enforcement cameras on NYC streets, and traffic deaths in the city are on pace for a historic low this year. Even with that improvement, however, it’s all but certain that more than 200 people will be killed in New York traffic before 2015 is over. The persistent message yesterday from victims’ families, advocates, and elected officials was that more must be done.

Noting that traffic violence had claimed more than a dozen lives in the last few weeks, Transportation Alternatives Executive Director Paul Steely White said the city must implement proven safety measures like pedestrian islands, protected bike lanes, and speed cameras more expeditiously. “We are not yet to the point where these common sense improvements are done routinely,” he said.

The de Blasio administration has made incremental progress on street redesign but will have to dramatically accelerate the pace of change to achieve the rapid reduction in traffic deaths that Vision Zero calls for. DOT’s high-impact street transformations, like the redesign of 1.3 miles of Queens Boulevard, don’t cover enough ground each year in a city with 6,000 miles of streets. The department’s political timidity and the lack of budgetary resources for quick, effective safety improvements have been a drag on progress.

Yesterday the mayor’s message was on target. De Blasio said plainly that “redesigning streets saves lives” and speeding enforcement changes behavior. “There are a lot of things that have been accepted as the status quo that we should not accept,” he said. “We have to jolt that reality, we have to change that to the core.”

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Traffic Violence Claims Another Life as NYPD Announces Enforcement Blitz

The pedestrian death toll stands at 13 since October 31. NYPD said a man hit by a driver in Queens last weekend died from his injuries Wednesday, according to Gothamist. Meanwhile, police announced a period of “focused enforcement” of the most dangerous driving violations.

Council Member Peter Koo is encouraging NYPD to waste enforcement resources that could be used to save lives.

Council Member Peter Koo is encouraging NYPD to waste enforcement resources that could be used to save lives.

On Sunday at around 5 p.m., a 70-year-old man driving a Honda minivan hit a 59-year-old man as the victim walked on College Point Boulevard at 41st Avenue in Flushing, Gothamist reported. No charges were filed.

The crash occurred in the 109th Precinct, where on Monday elected officials and the precinct’s commanding officer declared a crackdown on walking. Motorists have killed three pedestrians in the last five weeks in the 109th Precinct, which Gothamist says has issued fewer tickets for speeding and failure to yield in 2015 compared to last year.

NYC DOT’s 2010 pedestrian safety study analyzed records of 7,000 pedestrian-involved crashes and found that motorist behavior was the main factor in 78.5 percent of serious pedestrian injuries and fatalities. But after Monday’s press conference, when Transportation Alternatives called on police and officials to concentrate on reckless driving and outdated street design, Council Member Peter Koo insisted that New Yorkers need to be told how to walk.

“We want to educate the public,” said Koo, who according to DNAinfo initiated the meeting with the 109th Precinct, “they have to use the crosswalks to walk and they have to follow the streetlights.”

Today NYPD announced the department has ramped up citywide enforcement of motorist violations including speeding, failure to yield, distracted driving, and double-parking. Through November 22, “the NYPD will increase officer hours and overtime dedicated to traffic enforcement,” according to a press release.

TA released a statement on the enforcement blitz:

Mayor de Blasio and the NYPD are sending an important message on Vision Zero traffic enforcement by dedicating more officers to the effort to deter the most dangerous violations: speeding, failure to yield and distracted driving. We are particularly encouraged to see that this initiative includes multiple NYPD bureaus and precincts. If traffic enforcement is to be effective and equitable, it must be data-driven and consistent across the five boroughs. We call on the NYPD to continue to target the most deadly violations after this focused enforcement period ends on November 22nd.


NYPD Precinct Where Driver Killed Ally Liao Announces Walking Crackdown

Council Member Peter Koo, Congress Member Grace Meng, Deputy Inspector Thomas Conforti, Assembly Member Mike “Don’t Call Me” Simanowitz, and Assembly Member Ron Kim

Council Member Peter Koo, Representative Grace Meng, Deputy Inspector Thomas Conforti, Assembly Member Mike “Don’t Call Me” Simanowitz, and Assembly Member Ron Kim want to ticket people for walking in a precinct where traffic enforcement is lax and law-breaking drivers keep killing.

An NYPD precinct in Queens where law-breaking drivers have killed several people this year has announced a crackdown on walking.

On Monday, Deputy Inspector Thomas Conforti, commanding officer of the 109th Precinct, stood with Assembly Member Mike Simanowitz, Assembly Member Ron Kim, U.S. Representative Grace Meng, and City Council Member Peter Koo to tout a “plan to increase ticketing against pedestrians who jaywalk,” DNAinfo reported. The precinct’s campaign is “supported by local politicians who say pedestrians who violate the rules of the road endanger themselves and others,” wrote reporter Katie Honan.

The 109th Precinct is where a motorist hit 3-year-old Allison Liao and her grandmother as the two walked hand in hand in a Main Street crosswalk, killing Allison. The driver assumed full responsibility for the crash.

The precinct will spend a couple of weeks instructing people on how to walk, then ramp up enforcement against those who do it incorrectly.

“Elected officials are going to start getting phone calls when people start getting summonses, I know it,” said Simanowitz. “Don’t call me. I’m not going to agree with you. If you’re crossing in the middle of the street, you’re wrong, you’re endangering yourself, you’re endangering others, you’re endangering drivers.”

“Cross at the green, not in-between, and hopefully we will be able to reduce the number of traffic fatalities,” Simanowitz said. Whatever that means.

Motorists have killed five people walking in the 109th Precinct in 2015. Of those victims, three were killed by hit-and-run drivers and one was in a crosswalk crossing with the signal. According to DNAinfo, Monday’s announcement was prompted by the death of 84-year-old Agalia Gounaris. Gounaris was fatally struck on Main Street at Kissena Boulevard on November 5 by the driver of a casino bus, who police later tracked down in Connecticut. Witnesses said multiple people ran over Gounaris as the octogenarian laid in the street.

Police and elected officials blamed Gounaris for “walking mid-block.” But if Gounaris wasn’t crossing at the corner, it may have been because she felt it was unsafe.

Read more…


De Blasio Hasn’t Done It, So Tish James Intros Bill to Legalize Walking

A bill from Public Advocate Tish James would clean up outdated city traffic rules that NYPD and district attorneys say are an obstacle to applying the Right of Way Law.

Public Advocate Tish James

Public Advocate Tish James

Under the current rules, adopted before the existence of pedestrian countdown clocks, people who enter a crosswalk when the signal is flashing the “don’t walk” symbol do not have the right of way. At many crossings, DOT programs signals so the flashing hand and countdown timer appear after just a few seconds, taking up most of the walk phase.

In practice, this means those who step off the curb immediately after getting a walk signal would be the only people who could cross the street with the protection of the law. And people walking across a wide street, like Atlantic Avenue, would have to stop and wait in the median for the next light cycle to begin, even if they have time to get to the sidewalk before the countdown expires, or else lose the right of way to oncoming motorists.

“Too many innocent New Yorkers are dying crossing our city streets,” said James, according to the Daily News. “If a pedestrian enters the crosswalk after the hand starts flashing or the countdown begins, the driver can’t be held liable. It’s an outdated law.”

The Right of Way Law, also known as Section 19-190, took effect in August 2014. It was intended to be the legislative centerpiece of Mayor de Blasio’s Vision Zero initiative, but police and prosecutors have used it only a handful of times.

“DAs and NYPD have used this little-known provision of law to justify failing to bring a Right of Way charge against a turning driver who strikes a pedestrian in the crosswalk,” said attorney Steve Vaccaro in an email to Streetsblog. “The de Blasio administration is aware of this problem, and DOT Commissioner Polly Trottenberg could rewrite Section 4-03(c)(2) today if she wanted. It is the administration’s inaction that makes this legislation necessary.”

James will introduce the bill today.


Trucker Who Killed Woman Admits Negligence, NYPD Still Blames Victim


Footage from the scene shows Floria Burton walking around a stopped truck blocking an unmarked crosswalk before the driver accelerated and ran her over. Still via Daily News

Update: The Daily News identified the Queens hit-and-run victim as Agalia Gounaris, 84, of Flushing. Police said the bus was located in Connecticut, en route to a casino, and that by that time evidence was lost due to rain. The driver was being questioned, the News reported.

Motorists took the lives of two people walking yesterday, bringing to eight the number of pedestrians killed by New York City drivers in the last week.

Floria Burton, 55, known locally as “Ms. Pat,” was pushing a laundry cart across Seneca Avenue at Bryant Avenue in Hunts Point at around 8:30 a.m. Thursday when a dump truck driver ran her over.

There are no traffic signals at Seneca and Bryant avenues. Video published by the Daily News shows Burton approach the corner and pause before walking around the front of the truck, which appears to be blocking an unmarked crosswalk. When she is directly in front of the truck, the driver accelerates into her.

Floria Burton. Photo via Daily News

Floria Burton. Photo via Daily News

Burton’s friend Maritza DeJesus, who saw what happened, spoke with the News:

“He backed up and went over her again,” she said. Burton was alive, but fading fast, DeJesus said, tears streaming down her face.

“I was talking to her. I was saying, ‘Pat, hold on! Pat, hold on! Pat, hold on!’ When she looked at me she didn’t even recognize me. She was already gone.”

Despite video evidence indicating otherwise, unnamed police sources gave the impression that an oblivious Burton stepped into the driver’s path as the truck approached. In a story with the headline “Woman talking on cell phone killed by dump truck,” the Post reported that Burton was “chatting on her cell phone when she was struck.”

“Witnesses said she was on the phone and did not see the truck coming when she was hit, according to police,” reported DNAinfo, which posted video that clearly indicates Burton was hit as she tried to walk around the stopped truck.

It is not clear from the video if Burton was talking on a phone, but she wasn’t holding one to her head. Meanwhile, NYPD filed no charges despite the driver’s admission that he wasn’t paying attention when he hit Burton. From the DNAinfo story:

Read more…


NYPD Isn’t Enforcing Mayor de Blasio’s Key Vision Zero Law

Within months of taking office, Mayor Bill de Blasio signed into law several bills intended to add teeth to his Vision Zero street safety initiative. In the year since taking effect, however, the most important of those laws was barely used by NYPD.


If Mayor de Blasio is serious about Vision Zero, he will direct Police Commissioner Bill Bratton to apply the Right of Way Law as it was intended. Photo: Policy Exchange/Flickr

The Right of Way Law, also known as Section 19-190, made it a misdemeanor for motorists to harm people walking and biking with the right of way. It took effect last August.

The Right of Way Law was supposed to bring an end to the common scenario of reckless New York City motorists hurting and killing people without consequence. The key to the law is that ordinary precinct cops can apply it, not just the small number of specialists in the NYPD Collision Investigation Squad. NYPD Chief of Transportation Thomas Chan said all 35,000 uniformed officers would be trained to enforce the Right of Way Law, but the department has applied it only a handful of times in the 14 months since it was enacted.

According to data provided by the mayor’s office, from August through December of 2014 NYPD made 15 arrests for Section 19-190 violations, resulting from 21 investigations. In addition, police made one arrest for reckless driving and issued one summons for careless driving.

So far this year, NYPD has arrested 20 drivers under the Right of Way Law, after 41 investigations. Police also issued seven careless driving summonses resulting from those investigations. Twelve investigations are ongoing, the mayor’s office said. In addition, 11 other drivers have been charged under a Right of Way Law provision that applies to failure-to-yield cases that don’t involve injury (more on that later).

The scale of enforcement remains far below the scale of damage caused by motorists who fail to yield.

From September 2014 through September 2015, drivers injured 11,109 people walking in NYC, and killed 140, according to DOT data. Since failure to yield is the primary factor in 27 percent of serious pedestrian injuries and deaths, according to DOT’s 2010 Pedestrian Safety Study and Action Plan [PDF], it’s all but certain that the vast majority of drivers who violate the Right of Way Law are not charged by NYPD.

Nor is NYPD increasing enforcement. Police averaged three Right of Way charges per month last year, compared to an average of two cases a month in 2015. This suggests that Right of Way investigations remain the province of the Collision Investigation Squad and are not being pursued by precinct cops.

Read more…


Good News: New York City Cyclists Have All But Achieved Vision Zero

New York City bike riders are Vision Zero pioneers. Chart: DOT

New York City bike riders are Vision Zero pioneers. Chart: DOT

Yesterday the 104th Precinct, in Queens, tweeted a photo of officers giving a ticket to a cyclist. The precinct deleted the tweet when it triggered blowback from street safety advocates, but you can see it at the end of this post. “Bicyclists are no exception to Vision Zero,” it read. “Ride safe!”

If NYPD’s goal is encouraging cyclists to help prevent traffic deaths and serious injuries, we have good news: New Yorkers who ride bikes have all but achieved Vision Zero. In fact, cyclists were Vision Zero pros long before the initiative launched in NYC.

From 2000 to 2013 (the most recent year for which official bike crash data are available), cyclists killed eight New York City pedestrians, according to DOT. During that time frame, drivers killed 2,291 people walking. There were two reported incidents in which people on bikes struck and killed pedestrians in 2014, when DMV data show drivers killed 127 pedestrians.

All told, cyclists fatally struck 10 people in NYC in 14 years, compared to 2,418 pedestrians killed by drivers, making cyclists accountable for .4 percent of pedestrian deaths.

Police can devote all the resources they want to bike enforcement, but the best they can hope for is to reduce fatalities by less than one half of one percent. It makes no sense to frame bike tickets as “Vision Zero.”

So, congratulations New York City cyclists. You are not the reason hundreds of people lose their lives on NYC streets each year, and the city has the data to prove it. Now that that’s settled, NYPD can concentrate its Vision Zero efforts on dangerous driving, which is far and away the primary cause of traffic mayhem.

Read more…


NYPD Bike Enforcement Carries High Price in Communities of Color

Brownsville Bikes

Business at Brownsville Bikes suffered when NYPD started targeting sidewalk cycling on the block. Photo via Google Maps

Editor’s note: Stephen filed one last story before wrapping up his tenure at Streetsblog earlier this month. Here it is.

The New York Police Department hands out a lot of tickets to cyclists — in fact, for years the number of sidewalk cycling tickets outpaced the number of speeding tickets local precincts gave to drivers.

Bike tickets are not distributed evenly among the city’s population. A report published last year found that the neighborhoods where the most sidewalk cycling tickets are issued tend to be neighborhoods where most residents are black or Latino.

When those tickets are criminal violations that require a court appearance, the personal cost of the citation can quickly escalate. Ignoring the ticket can lead to a warrant, and appearing in court may require a full day away from work, causing lost wages.

Uriah Wickham, 58, bikes from Brownsville to work in Midtown. A few years ago, he was pulled over with other cyclists who briefly used the sidewalk on Sands Street to get around a construction zone. “I was given a summons to go to court. I had to take a day,” Wickham said. “The judge said to go home. But I did lose my day of pay.”

This type of ticketing can also have a ripple effect. Cleveland Smillie (a.k.a. Jah Hammed), 63, has owned Brownsville Bikes, the neighborhood’s only bike shop, for 30 years. A few years ago, he said, officers began cracking down on sidewalk cycling near his storefront. It decimated business, since people were worried they would get ticketed if they did anything even slightly wrong as they approached the store.

Kenneth Graham recently stopped at Brownsville Bikes to get a fender added to his bike. “I ride everywhere. I got it because I don’t want to take the bus. I’m tired of buying MetroCards,” said Graham, 30, who lives in Canarsie and started cycling a few months ago. A side benefit: He’s quickly dropped from 300 pounds to 255 pounds.

Graham hasn’t been stopped by police on his bike yet, but he came close recently. He was biking on a quiet walkway in Howard Houses — like most public housing projects, it’s a super-block without through streets — and quickly attracted the attention of police. “It seemed like they was chilling until they see my bike come through the walkway,” he said. “I just got off the bike, so they didn’t bother me.”

R. Charles Bryan, who regularly bikes between Cypress Hills, where he lives and works, and Harlem, where his mother lives, has a strategy to avoid police stops. He hasn’t changed his behavior on a bike, but he has changed what he wears.

Read more…