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Older Pedestrians More Likely to Die in Traffic: Will New York State DOT Act?

Manhattan is the most dangerous borough for residents age 60 and older to walk, and older pedestrians throughout the metro region suffer disproportionately from deadly traffic violence, according to a new report from the Tri-State Transportation Campaign.

With older pedestrians more likely to be killed by drivers, will NYS DOT Commissioner Joan McDonald heed recommendations for safer streets? Photo: CT.gov

With older pedestrians more likely to be killed by drivers, will NYS DOT Commissioner Joan McDonald heed recommendations for safer streets? Photo: CT.gov

The report recommends that New York, New Jersey, and Connecticut adopt NACTO design guidelines for safer, multi-modal streets. New York State DOT said recently that the agency will not endorse NACTO standards for roads categorized as “collectors” and “arterials,” which are some of the state’s most heavily-traveled and dangerous streets.

For its latest annual “Older Pedestrians at Risk” report, Tri-State analyzed 10 years of metro area data from the Census Bureau and the National Highway Traffic Safety Administration Fatality Analysis Reporting System. While people age 60 and older made up 17 percent of the population in Manhattan from 2003 to 2012, they accounted for 42 percent of the 364 pedestrian fatalities that occurred during that time.

“At 5.46 per 100,000, the pedestrian fatality rate for Manhattan residents aged 60 and older was 3.67 times that of residents younger than 60,” says the report. “For those aged 75 years plus, the fatality rate (8.33) was 5.59 times that of their younger neighbors.”

In Nassau County, people age 60 and older were three and a half times more likely to be killed by a driver while walking than younger residents. Older residents of Westchester County faced three times the risk.

While much of the data was gleaned from local roads, not state roads, NYS DOT could allocate its resources to improve safety on any type of street in New York.

Data for other boroughs was reported as follows.

  • Brooklyn: 473 total pedestrian deaths, with a rate of 4.94 fatalities per 100,000 residents for people age 60 and older — four times that of younger residents. The fatality rate for Brooklynites age 75 and older was 6.63 per 100,000 people.
  • Bronx: 225 total pedestrian deaths, with a rate of 3.94 fatalities per 100,000 residents for people age 60 and older — more than three times that of younger residents. The fatality rate for Bronxites age 75 and older was 4.05 per 100,000 people.
  • Queens: 364 total pedestrian deaths, with a rate of 3.75 fatalities per 100,000 residents for people age 60 and older — more than three times that of younger residents. The fatality rate for Queens residents age 75 and older was 5.79 per 100,000 people.
  • Staten Island: 76 total pedestrian deaths, with a rate of 3.57 fatalities per 100,000 residents for people age 60 and older — three times that of younger residents. The fatality rate for Staten Islanders age 75 and older was 5.56 per 100,000 people.

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15-Day Maximum Sentence for Unlicensed Driver Who Killed Bronx Senior

An unlicensed driver who killed a pedestrian in the Bronx last year was charged with only a traffic infraction that carries a nominal fine and a maximum 15-day jail term.

Bronx District Attorney Robert Johnson charged an unlicensed driver with a traffic infraction for a crash that killed an 82-year-old pedestrian.

Bronx District Attorney Robert Johnson charged an unlicensed driver with a traffic infraction for a crash that killed an 82-year-old pedestrian.

Nabaali Cletus hit 82-year-old Manuel Verdesoto with a Volvo as the senior crossed White Plains Road at Watson Avenue on the evening of May 15, 2013, according to reports.

photo from the scene showed two severe impact points to the destroyed windshield, and a dent in the hood, indicating that Verdesoto was thrown onto the vehicle with tremendous force. He died at Jacobi Hospital.

Police said Cletus, then 46, had a forged New York State photo ID and was not licensed to drive. Reports published soon after the crash said he was charged with possession of a forged instrument and driving without a license.

Cletus was not charged by NYPD or Bronx District Attorney Robert Johnson for killing Verdesoto. Nor was he charged with aggravated unlicensed operation, a misdemeanor that normally serves as the default charge issued by city prosecutors when an unlicensed driver kills a pedestrian or cyclist.

Currently the sole charge against Cletus is operating a motor vehicle by an unlicensed driver, according to court records — an infraction that carries a maximum penalty of 15 days in jail and a $300 fine.

Court records say Cletus was in court most recently on July 24. He is scheduled for another court date in September.

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AARP: Older NYC Pedestrians Concerned About Drivers Failing to Yield

Four out of 10 New York City voters age 50 and older consider motorists who fail to yield to pedestrians a serious problem, and one in four say traffic signals don’t allow enough time to cross the street, according to a poll by AARP.

Forty percent of NYC voters age 50 and older say drivers who fail to yield to pedestrians are a major problem. Photo: ##https://www.flickr.com/photos/yourdon/3275748024/in/photolist-5Zt4Ld-dFcMWT-6q5iaQ-92igFP-6Hm3eQ-6b8ndc-6bcvWj-6bcw7f-8rRi4-5pNDRz-7amntd-5pSX41-5pSX5C-aB9UGE-9rYm1g-9rYkwB-9s2jgL-9rYkga-9rYmBr-9s2iU3-9s2hVL-9rYk9K-9s2hH3-9s2i2W-9s2k3S-9s2jQo-9rYn74-9s2jUb-9rYmWH-9rYmuR-9rYknK-9rYmn8-9s2jHm-9s2j5m-9s2aUb-9s2jM5-7aCU1j-hW1dK-7bshZ7-518C71-kSWWt-7ajcDV-4rkx5x-9s2hob-9rYmyB-9s2ik7-gyChfz-4ua1XN-caW7cJ-9TqDDm##Ed Yourdon/Flickr##

Forty percent of NYC voters age 50 and older say they consider drivers who fail to yield to pedestrians a major problem. Photo: Ed Yourdon/Flickr

As part of its 2013 voter survey, AARP asked a series of questions related to transportation and street safety. The results were released Tuesday. Of all respondents across the boroughs, 40 percent said drivers not yielding to pedestrians is a “major problem.” Twenty-eight percent said traffic lights are timed too fast for pedestrians to cross safely.

Staten Island residents were most concerned about failure to yield (45 percent), followed by respondents in Queens (42 percent), the Bronx (40 percent), Brooklyn (40 percent), and Manhattan (34 percent). More Staten Islanders also cited short pedestrian signals as a major problem (35 percent), followed by residents of Queens (30 percent), the Bronx (29 percent), Brooklyn (28 percent), and Manhattan (21 percent).

The survey further categorized responses by race. From an AARP press release: “When it comes to the timing of traffic lights, more Hispanics cite them being too fast for safe crossing as a major concern, followed by Asians and African Americans. Concern about cars not yielding to pedestrians is again highest among Hispanics, followed by African Americans and Asians.”

The survey was conducted before the advent of Vision Zero. AARP praised Mayor de Blasio for prioritizing street safety.

“Our city streets can be a rough place for pedestrians, especially those 50 and older. Being struck by a vehicle is the second leading cause of injury-related death for older New Yorkers,” said Beth Finkel, director for AARP in New York State, in the press release. “AARP commends Mayor de Blasio’s focus on addressing this issue and for working to make New York City’s streets safer for pedestrians of all ages.”

The pedestrian fatality rate for people age 60 and older in the tri-state region is nearly three times the rate for residents under 60, according to the Tri-State Transportation Campaign. TSTC’s 2013 “Older Pedestrians At Risk” report found that older NYC pedestrians suffer disproportionately from traffic violence.

Crash data compiled by Streetsblog show that drivers have killed at least 27 pedestrians age 50 and older in 2014, compared to 29 fatalities during the same time period last year.

The complete AARP survey is here.

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No Charges for Motorist Who Killed Senior Margherita Nanfro in Bath Beach

Would daylighting the intersection of Rutherford Place and Bay 16th Street have prevented the crash that killed Margherita Nanfro? With cursory media coverage and NYPD keeping crash reports hidden from view, the public may never know. Image: Google Maps

Would daylighting the intersection of Rutherford Place and Bay 16th Street have prevented the crash that killed Margherita Nanfro? On this and other questions, the public is left to speculate, thanks to scant information available from NYPD. Image: Google Maps

A Brooklyn driver who killed a senior by crashing into her on a neighborhood street in broad daylight was not charged by NYPD, though reports suggest the victim had the right of way.

The 37-year-old motorist drove into Margherita Nanfro as she crossed Rutherford Place at Bay 16th Street in Bath Beach at around 12:20 p.m. on July 25, according to the Home Reporter. The driver, in a Honda sedan, was westbound on Rutherford Place, a single-lane, one-way street lined with residences. Nanfro was pronounced dead at Lutheran Medical Center.

Photos published by Brooklyn Daily indicate Nanfro was struck with enough force to throw her onto the windshield. Photos show the car stopped on Rutherford Place about halfway between Bay 16th Street and 17th Avenue, the next intersection.

Though reports are vague, if Nanfro was crossing Rutherford Place at the intersection, she would have been in an unmarked crosswalk and likely would have had the right of way. Other crucial details are also missing. How, in the middle of the day, did the driver fail to see an 80-year-old crossing the street in front of her? How fast was she going in order to throw the victim onto the hood of the car? Did NYPD crash investigators address these questions? The public doesn’t know, and probably never will unless the crash report is released pursuant to a freedom of information request.

Though several outlets say the NYPD investigation is “ongoing,” the Daily News reported that according to police the driver “did not face criminal charges.”

Beginning next month, it will be a crime for a NYC motorist to strike a pedestrian or cyclist who has the right of way. But unless NYPD makes drastic changes to the way the department approaches crashes, Intro 238 will be another traffic safety law that goes all but unenforced.

This fatal crash occurred in the 62nd Precinct. To voice your concerns about neighborhood traffic safety directly to Captain William G. Taylor, the commanding officer, go to the next precinct community council meeting. The 62nd Precinct council meetings happen at 7:30 p.m. on the third Tuesday of the month at the precinct, located at 1925 Bath Avenue. Call 718-236-2501 for information.

The City Council district where Margherita Nanfro was killed is represented by Vincent Gentile. To encourage Gentile to take action to improve street safety in his district and citywide, contact him at 212-788-7363, vgentile@council.nyc.gov or @VGentile43.

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Brooklyn DAs Ignore “Rule of Two” in Death of Pedestrian Maude Savage

The driver who killed Brooklyn pedestrian Maude Savage was charged for failure to yield and driving without a license, but he was not charged with criminal negligence under the

The driver who killed Brooklyn pedestrian Maude Savage was charged for failure to yield and driving without a license, but he was not charged with criminal negligence under the “rule of two.” Image via Daily News

An unlicensed motorist who killed a senior in Brooklyn last year has pled guilty to a low-level misdemeanor and could be sentenced to probation and a nominal fine. Though the driver was charged with violating two traffic laws, current and former district attorneys Ken Thompson and Charles Hynes declined to pursue criminal negligence charges under the so-called “rule of two.”

Maude Savage was in a crosswalk and crossing with the light at Sutter and Euclid Avenues on November 25 when Robert Brown drove a commercial van into her, according to reports. Video of the crash shows that Brown barely slowed as he turned left toward Savage, leaving her no time to clear his path. Savage soon died from her injuries. She was 72.

Brown was charged by then-DA Hynes with third degree aggravated unlicensed operation, a misdemeanor that stipulates that he drove without a license when he knew or should have known he didn’t have one. Court records say he was also ticketed for failure to yield to a pedestrian in a crosswalk. Charges against Brown were not upgraded after Maude Savage died.

The rule of two is case law precedent that holds that a New York State motorist who is breaking at least two traffic laws at the time of a crash may be charged with criminal negligence. New York City prosecutors reflexively cite the rule as an obstacle to charging motorists for killing, but routinely fail to bring charges in crashes involving two or more traffic violations. The circumstances of this crash — driving without a license, failure to yield — seemingly satisfied the rule of two, but neither Hynes nor his successor Thompson exercised it.

City prosecutors tend to pursue third degree unlicensed operation as the top charge against unlicensed drivers who kill pedestrians. (It’s also applied against unlicensed drivers who turn without signaling.) Third degree unlicensed operation carries a maximum penalty of 30 days in jail and a $500 fine.

According to court records, on June 20 Brown pled guilty to unlicensed operation in the second degree, a charge that may be applied when a defendant is caught driving without a license after prior convictions for unlicensed driving, or when the defendant’s license was previously suspended or revoked pursuant to a drug or alcohol related driving offense. Second degree unlicensed operation is a more serious charge, but it’s still an unclassified misdemeanor. Penalties may include jail time, probation, and a fine of not less than $500.

Brown is scheduled to be sentenced in August.

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Surprise! People Aged 60-79 Are Behind More Than a Third of the Biking Boom

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Michael Andersen blogs for The Green Lane Project, a PeopleForBikes program that helps U.S. cities build better bike lanes to create low-stress streets.

The national surge in bicycling since 1995 may have more to do with hip surgeries than hipsters.

More than a third of the increase is coming from people between the ages of 60 and 79, an analysis of federal data shows.

As recently as the Clinton administration, biking was for the young. Riding a bicycle over the age of 55 was very rare; riding over the age of 75 was almost unheard of. Even today, the rapid drop in car use among young adults sometimes leads to assumptions that millennials are driving the nationwide boom in bike trips.

Nope.

There’s no question that Generation Y’s tendency to favor city life and declining enthusiasm for car ownership has boosted bike transportation. But as the older civil rights generation and the baby boomers who followed them have entered their golden years, they’ve quietly transformed what it means to be the kind of person who rides a bicycle.

biking rates by age

Vertical scale measures share of all trips taken by bicycle. Graphs: National Household Travel Survey

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Unlicensed Driver Who Killed Brooklyn Senior Convicted of Leaving Scene

A jury has convicted a motorist who, while driving without a license, fatally struck a Brooklyn senior and left the scene.

Isabel Rodriguez. Photo via Daily News

Wayne Stokeling was convicted of leaving the scene of the crash that killed Isabel Rodriguez (pictured). Photo via Daily News

Isabel Rodriguez, 88, was walking with her 79-year-old sister on July 22, 2012, when Wayne Stokeling drove into her at Stone and Livonia Avenues in Brownsville, according to reports. Police tracked down his damaged BMW sedan a few blocks away.

Stokeling, then 50, “had an open warrant on a prior motor vehicle-related charge and four prior arrests,” the Daily News reported.

Stokeling claimed he was eating ice cream while driving and didn’t notice he’d run someone over. Unlike in many cases, however, the “I didn’t see her” defense didn’t work. Former Brooklyn District Attorney Charles Hynes brought several charges against Stokeling, but he was not charged with homicide for killing Isabel Rodriguez. According to court records, on May 23 Stokeling was found guilty at trial of leaving the scene and driving with a suspended license.

It’s unclear what penalties will come with this conviction. Court records say the top charge against Stokeling — for which he was found guilty — was a violation of VTL § 600.2(a), for leaving the scene of a crash involving injury. This is the same charge that resulted in a 16 day jail sentence for the hit-and-run driver who killed pedestrian Florence Cioffi in Manhattan in 2008.

Stokeling’s next court appearance is scheduled for July.

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Accused Unlicensed Hit-and-Run Killer on Trial in Brooklyn

A motorist who authorities say had a history of driving offenses and was driving without a license when he fatally struck a Brooklyn senior and fled the scene two years ago is on trial this week.

Isabel Rodriguez. Photo via Daily News

Wayne Stokeling is on trial this week for the hit-and-run killing of Isabel Rodriguez (pictured). New York State has a history of handing down light sentences to drivers who leave people to die in the street. Photo via Daily News

Isabel Rodriguez, 88, was walking with her 79-year-old sister on July 22, 2012, when Wayne Stokeling drove into her at Stone and Livonia Avenues in Brownsville, according to reports.

From the Daily News:

Cops spotted Stokeling’s BMW sedan a few blocks away from the crash with dents and a cracked windshield. He claimed the dents were caused by potholes, but was arrested for leaving the scene of a fatal accident and driving without a license.

He had an open warrant on a prior motor vehicle-related charge and four prior arrests, officials said.

“We were crossing the street,” Laura Chico, the victim’s sister, told the News. “I was calling, ‘Be careful, be careful.’ A car came fast and hit her when it turned. I went to her. I said, ‘Are you alive?’ I saw she was bleeding. I started crying.”

Rodriguez, a native of Puerto Rico, was already planning her 90th birthday party, which would have taken place this year, relatives said.

Stokeling, then 50, told police he was eating ice cream while driving and didn’t notice he’d hit anyone.

Court records say the top charge against Stokeling, filed by former Brooklyn District Attorney Charles Hynes, was leaving the scene. Despite the circumstances of the case, Stokeling was not charged with homicide for killing Isabel Rodriguez.

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Witness: Crash That Killed Marlene Baharlias Likely Caught on Video

A man who says he saw the Tuesday crash that killed Marlene Baharlias echoes the story told by others: The driver backed into the senior on a Sheepshead Bay sidewalk. The witness believes a security camera in his building recorded the crash, but NYPD does not share details of crash investigations unless compelled by freedom of information requests.

Photo: ##http://media.ny1.com/media/2014/3/18/images/bkpedstruck77d56c6c-4ade-42b5-8284-8f761861d6c9.jpg##NY1##

Photo: NY1

Witnesses told Brooklyn Daily and News 12 that Baharlias, 77, and her husband were walking together near 2060 E. 19th Street when a woman driving a Mercedes SUV, reportedly attempting to park, accelerated in reverse, jumped the curb and struck her.

Colin Edwards sent us a corroborating account via email:

I was at my living room in the building when I heard the commotion. I looked from my window and saw the SUV backing very fast in reverse on the sidewalk. At this point the woman (Mrs. Baharlias) was already ran over by the car and laying in between the wheelbase of the car. Then the driver, in her panic, put the car in drive and ran the victim [over]  a second time, while the husband and two other guys were yelling at her to stop.

Baharlias was pronounced dead at Coney Island Hospital. No charges were immediately filed against the driver.

“It was absolutely criminal the speed and reckless manner [with] which the SUV driver reversed,” Edwards said. “She completely lost control over the car.”

As we wrote yesterday, anonymous NYPD sources told the Post Baharlias was jaywalking. The Post reported the claim without question. Many pedestrians and cyclists killed by motorists in recent years were initially blamed by NYPD and the press and were vindicated later, after the media lost interest in their stories.

Edwards said a security camera in his building probably recorded the crash, but NYPD makes it exceedingly difficult to determine if investigators tried to collect video evidence. As Streetsblog has reported for years, NYPD crash investigations are kept hidden, even from victims’ loved ones. WNYC reported today that the families of Alison Liao and Sammy Cohen Eckstein, children killed by motorists within the last five months, were forced to file freedom of information requests to get crash reports from NYPD.

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Marlene Baharlias, 77, Killed by Motorist, Blamed by NYPD and the Post

A senior was killed Tuesday in Sheepshead Bay by a driver who witnesses say backed onto a sidewalk — contrary to anonymous NYPD sources who told the Post the victim was jaywalking. No charges were filed.

Marlene Baharlias, 77, was walking home from the doctor with her husband when the driver of a Mercedes SUV backed onto the curb in front of 2060 E. 19th Street, according to witnesses who spoke with News 12 and Brooklyn Daily.

Photo: New York Post

Photo: New York Post

“She was walking on the sidewalk with her husband, the poor woman,” said Shlomo Hava, a neighbor who saw the accident unfold.

Hava said he wanted to help, but seeing her injuries, he knew there was little he could do.

“All her face was smashed — I was shocked,” he said.

Baharlias was pronounced dead at Coney Island Hospital.

In a five-sentence story, Post reporter Dana Sauchelli blamed Baharlias for her own death, citing police sources who said she “was jaywalking when she stepped off an East 19th street curb mid-block.” The Post is the only media outlet we found that claimed Baharlias was attempting to cross the street outside a crosswalk. The story was accompanied by a photo of the SUV parked almost perpendicular to the sidewalk, with the back end over the curb, and the description embedded with the photo said the victim ”was run over by SUV on the sidewalk.” Regardless, for all Post readers know, Baharlias put herself in harm’s way.

In the immediate aftermath of traffic crashes, anonymous NYPD sources are notorious for leaking information that assigns responsibility to deceased pedestrians and cyclists. When Allision Liao was killed last October, police told the media the 4 year old “broke free from her grandmother while they were crossing the street.” To the contrary, video of the crash revealed Allison was holding her grandmother’s hand when Ahmad Abu-Zayedeha drove into both of them in a Queens crosswalk. Pedestrian Seth Kahn and cyclists Mathieu Lefevre and Rasha Shamoon are also among those who in recent years were initially blamed by NYPD for the crashes that killed them and were later exonerated, either after further investigation or in civil court.

Data consistently show drivers are usually at fault in crashes that hurt and kill NYC pedestrians. NYC DOT’s landmark 2010 pedestrian safety study found that motorist behavior was the main factor in 78.5 percent of serious pedestrian injuries and fatalities. A 2012 Transportation Alternatives report found that, according to data from the state DOT, 60 percent of fatal New York City pedestrian and cyclist crashes with known causes between 1995 and 2009 were the result of motorists breaking traffic laws. And NYC DOT data from 2011 revealed that half of pedestrians killed in city crosswalks were crossing with the signal.

Meanwhile, Brooklyn Daily reported that motorists picking up kids from a school close to where Baharlias was hit pose a danger to pedestrians.

Locals said the end of the school day may have contributed to the fatal accident. Parents jockey for the position when picking up their kids, sometimes double- or triple- parking, one neighbor said.

“If you see a spot, its like a race to see who can get that spot,” said William Perry, who lives on the block. “Its just an accident waiting to happen.”

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