In what is becoming a tragic pattern, SFPD has once again blamed a cyclist for his own death. Simultaneously, the city has refused to release video that may shine light on the circumstances that resulted in the October 11th crash and death of 47-year-old Mark Heryer.
Police have determined that Heryer was riding westbound on Market Street when, allegedly attempting to pass a bus, he lost control of his bicycle after his wheel got caught in a Muni track. Heryer then is said to have fallen under the passing 38-Geary bus to the right. He died at the scene.
KQED News reports that police have now officially blamed Heryer for his own death, saying that vehicle code states he should have been riding in the bike lane. There's just one problem: That area of Market Street does not have bike lanes.
Video from the Muni bus that ran over Heryer does exist, but the city will not release it -- even to a lawyer representing Heryer's family.
Previously, previously, previously, previously, previously, previously, previously.
Also, in other news, right and wrong is a binary distinction; if you do a single thing wrong, you are liable for execution with no recourse.
Cycle in a the wrong area of the street, and no driver could possibly be liable for running you over. People are only liable for their actions to the degree that the other person involved was not wrong.
Isn't this exactly what subpoenas are for? They'll get the video.
Oh well everything is fine then. Thanks for clearing that up.
Today's story says the police will release the video to the family's lawyer. So it'll be on the TV news five minutes later.
Even if there was a bike lane, using it or not is the cyclist's choice. So that supposed quote from the police is wrong two ways. At least two ways.
That said, passing a bus is way more dangerous than most cyclists realize. I almost never do it. And those streetcar tracks have killed cyclists before, again something lots of cyclists don't understand. Sure he had a legal right to pass that bus. Doesn't make it a good idea. Be patient and get there alive.
NOTICE: Human lives now only matter if the human is piloting a motorized vehicle at the time. Please alter your habits and perspectives accordingly.
Of course, even referring to it as an "accident" kind of throws up your hands and accepts that the driver couldn't be at fault. I prefer to call these crashes until a court of law has had a chance to prove in a non-biased manner that the collision was unavoidable.