Decatur Cyclists Angry About How Fatality Handled
They say the lack of prosecution in the Paul Taylor death proves something's wrong in the way police handle bicycle incidents.
Cycling safety became Dave Mathews' passion after a bad bike wreck 18 months ago, and he grew more serious on the subject after a pickup struck and killed cyclist Paul Taylor.
Mathews became downright angry after authorities announced last week nobody will be prosecuted because they don't have evidence to make a case.
"We're human beings too," said Mathews, who started a Facebook page about bike safety in Atlanta. "We're not disposable creatures."
This kind of anger and frustration has spread through the Atlanta biking community, which has long complained about lack of respect on the road. As a commenter on a Patch story said,
Let me get this straight, if I run over a cyclist at 6:20am and the 4 lane road is otherwise empty of cars so that the bike could be avoided -- I still get to kill somebody for free? I may not be an experienced investigator of traffic fatalities — but it is clear that neither are the Decatur City Police. These other police agencies can "review" all they want — if the initial investigation (by Decatur) is incomplete or flawed, it is too late.
Decatur police said they simply didn't find evidence that would allow them to prosecute Jorge Mercado-Perez, 58, of Snellville, who was driving the Ford Ranger truck that struck Taylor. Two other police agencies reviewed their findings.
DeKalb County Solicitor Sherry Boston announced Friday she would not prosecute. If she had moved ahead, the case would have been a misdemeanor.
Taylor, 53, worked at Emory at Grady. The truck hit him about 6:20 a.m. April 30 on North Decatur Road, near the intersection with Willivee Drive. Mercado-Perez told Decatur police "the bicyclist appeared to be kneeling in the roadway as if he had fallen."
An autopsy report did not confirm or challenge his statement. There were no witnesses.
Some bicylists say the handling of the case proves something's wrong with the way police enforce bike laws.
Mike Sheehan of Decatur said in an email to Patch that he thinks police did what they could. "This decision demonstrates a flaw in the our system of laws that I hope can be corrected so that we are all protected from these types of incidents."
Atlanta bicyclists have long complained about inconsiderate motorists who hog the road and pass them too closely.
Said Mathews, "Why is the cyclist not given vehicular rights? They're not given a fair shake, not even close."
In the Taylor death, some cyclists complained police didn't give Mercado-Perez a sobriety test, though he has at least one conviction for driving under the influence. Police said a 2003 court ruling prohibits them from administering such a test just because a wreck occurred.
How dangerous are Atlanta streets for bicyclists? An Atlanta Journal-Constitution story quoted the Atlanta Bicycle Association as saying 28 people died in bike related accidents in Cobb, DeKalb, Fulton and Gwinnett counties between 2003 and 2008.
Matthews said his wreck with a car did more than damage his body -- he needed 15 facial stitches and three root canals. He got a settlement but lost his "innocence" about cycling.
After Taylor's death, Mathews got into memorials that cyclists call "ghost bikes."
He spray-painted a bike white. He applied gold letters to the frame saying "RIP Paul Taylor" and "4/30/12" -- the date Taylor died. For good measure, he attached a sign saying "RIP Paul Taylor."
Then he chained the bike to a wrought iron fence at Superior Avenue and North DeKalb Road. It's there today, reminding passers-by that Taylor died a short distance away.
Mathews said he created two other ghost bikes recently. William Charles Hubbard, 52, was killed July 28 in Barrow County. Matthew Kohler, 22, died July 26 near Pooler.
Maureen Meadows
7:19 am on Thursday, September 20, 2012
Bike commuting / biking is big in my family. But I do not want yet another expansion of the number of felonies you can accidentally do.
ardnamor
1:23 pm on Thursday, September 20, 2012
All of the laws that are needed, and probably a bunch that are not or outdated, already exist. It is just a question of consistent enforcement. So, there is no call for more laws. Civility and responsibility are what is needed.
just me
7:43 am on Thursday, September 20, 2012
Asphalt Auto, pavement people. It's not that hard. Cars can only drive on asphalt, we aren't allowed to drive on front lawns. If you arrogant, self important bicyclists can't watch out for yourselves then oh well...
JayJay
9:03 am on Thursday, September 20, 2012
I assume you are not, in fact, so completely ignorant of the law. Bicycles are of course, not only allowed by law in the street, they are REQUIRED to do so by law. And this may shock you, but cars are not allowed to hit and kill bicyclists. I'd say your post is exhibit A of arrogant self-importance. (I'm not a cyclist, I just know it when I see it.)
Bob H
12:23 pm on Thursday, September 20, 2012
Wow, just wow.
larry english
8:56 am on Friday, September 21, 2012
your license needs to be taken away
you obviously don;t care about driving laws or people
wle
penny
2:07 pm on Thursday, October 25, 2012
Great comment, just me. Thats exactly what lots of them do.; And they look at you with the deer in the headlights look...eventually thats what they will be is the deer!
ardnamor
8:02 am on Thursday, September 20, 2012
From what I can gather through the fog of uncertainty, the bicyclist was most likely turning left into Willivee when struck from behind by the driver of the motor vehicle. If this bicycle were a motor vehicle also, and if the turning driver died because of this rear ending, then it would be vehicular homicide at worst, and a violation of traffic laws at least. By Georgia law, a bicycle IS a vehicle on the roadway so to do nothing is an outrage.
Bob H
12:27 pm on Thursday, September 20, 2012
I'm a cyclist but your admit right there that there was a fog of uncertaintly. Hence the decision not to waste tax dollars prosecuting a losing case. There were no witnesses except the driver. Was he off the bike, crouching at 6:30? We will never know. It's sad for sure, but I don't see that the city had a case to pursue. Nor do I see what specific laws could have changed this, except maybe the ability to test for alcohol after a wreck.
JayJay
9:12 am on Thursday, September 20, 2012
Plausibility. An avid cyclist and cycling safety enthusiast is kneeling in the road? Even supposing he was kneeling the road, there is a clear line of sight on that stretch of road and street light at Willivee. And the large majority of cars speed on that stretch which, if I'm remembering right, comes just after a long downhill. How fast would a drive have to be going not to be able to stop or even swerve to avoid someone in the road there? Comparing the safety record of cyclist and driver. Plausibility.
John
9:15 am on Thursday, September 20, 2012
Agree with ardnamor, this is a simple case of one vehicle rear-ending another. Should prosecute on those grounds. Still, there's another side of this. I'm a cyclist and have lived in and around Decatur for thirty years, and I have NEVER ridden on that stretch of North Decatur Road. The lanes are extremely narrow and traffic generally flows faster than the posted 35mph speed limit. When the accident occurred at 6:20am, it was dark. I feel really bad for Mr. Taylor and his family, but he showed no common sense on that day.
ardnamor
9:30 am on Thursday, September 20, 2012
I am also an avid bicyclist and commute almost daily throughout Decatur and environs. I NEVER get on that stretch of road on my bicycle, and I avoid it by auto when I can. I do travel by bike on N.Decatur around Emory where there is a dedicated bike lane and there are traffic calming measures in place. Maybe the death of a cyclist will strengthen the political will to bring safe travel for all: auto, bicycle, and pedestrian.
penny
12:28 pm on Thursday, September 20, 2012
I'll tell you what is wrong with many bicyclists...you don't obey the laws of the road. You ride between cars, purposely pull in front of cars and basically think carshad better watch out for you. I am all for bikes on the rode and obeying the law. Most of the time it just doesn't happen. Don't blame the police for these things. Do you think they like to see a dead body on the road for ANY reason? Get real and do what the law says.
Julia Ewen
9:27 am on Thursday, September 20, 2012
In NC where I learned to drive in the early 60s if a car-driver hit a bicyclist it was the driver's fault, even if the bicyclist was violating rules of the road--because human beings are fragile, and automobiles are "lethal weapons" in motion. I give at least two car-lengths to a bicyclist until I can switch lanes. (By all accounts Taylor
That said, when I am following a cyclist waiting to change lanes, often my heart's in my mouth, because a lot of cyclists either don't know or don't use hand signals to let me know what they are going to do. If I had a nickel for every time I have started to change lanes and a cyclist "darted" into that lane only a few feet in front of my bumper, I'd be a rich lady. There are still bikers who wear dark clothing (and no reflector tape on them) at night. If you dart in front of me or if I can't see you, and suddenly you are there in front of me, it takes a second or two to react and brake and the laws of physics about stopping distance don't change just because you are on a bike and not in a car. Please learn and use hand signals, lower my liklihood of having a stroke, and I will think a lot more kindly of you and all other bikers!
A mutual respect for the limitations of one another's vehicles and a mutual respect for the rules of the road and simple courtesy can go a long way toward a safely shared road for everyone.
Julia Ewen
9:30 am on Thursday, September 20, 2012
Part of my message "vanished". I said by all accounts Taylor was the sort of bicyclist who practiced the rules of the road and observed safety measures. My heart goes out to his family and all the careful bikers who are terrorized by bad drivers of cars.
R++ - One of the famous "Dacula Crew"
12:51 am on Friday, September 21, 2012
As a rider myself I'll ask the rider population reading here to consider, Where are your rear view mirrors? I won't ride without one but I SURE am in the minority...
Those ghost frame purchases would buy a lot of safety on the road.
Where are the bike lights? even motorcycles ride lit up.
Lastly, please consider pulling off the road and let faster traffic pass. I know you want to develop endurance and range, but the build up leads to antsy operators and its just not worth the chance.
Follow rules of the road, stop at lights and DON'T blow through, when you run the red you could be surprised how fast it can be filled in the direction of the green, Motorcycles FLY too.
CJM
9:36 am on Thursday, September 20, 2012
Sorry, bikers, but your continuous whining falls on deaf ears when so many of you ignore the basic rules of the road. You routinely fly down my sloping road at speeds far above automobiles. If I back out of my driveway and one of you slams into my car--which almost happened recently--I will be blamed and possibly jailed if you are seriously hurt. Several of you have wiped out on the speed bump near my house because you were going much too fast. One of you ran into the back of our car as we were turning into our driveway. You blow so closely by me when I'm at my mailbox that I feel a breeze or flop sweat as you pass. You run stop signs, you zip past me and other cars waiting for a light to change, you dart dangerously in and out of traffic. If you want respect, show respect. You aren't entitled to anything simply because you are on a bicycle.
ardnamor
9:54 am on Thursday, September 20, 2012
I absolutely agree with the sentiment (not the anger) of CJM. As a commuter and touring cyclist I make an effort to play by the rules of the road. I understand that motorists need to know what I am going to do and I stop at all stop signs and signal that I am doing so. I also never go down residential hills at full speed and assume that motorists who back out of their driveways will not expect to see me coming. And, I have been buzzed by cyclists myself, on foot and on bike, so it is very irritating and down-right dangerous behavior. More is needed: education of bicyclists, education of motorists (not mutually exclusive groups), traffic calming measures, bike lanes, and an aggressive law enforcement - bikes and cars. Where do we start?
JoeTheBike
9:56 am on Thursday, September 20, 2012
I'm reluctantly going to have to agree with CJM. What happened to Mr. Taylor is a complete tragedy and my heart goes out to his family and friends.
It's the whining reaction I'm seeing by these avid bikers that bothers me though. My experience with some (not all) of you hasn't been positive at all. I do go out of my way to avoid bikers at all costs. I never know what ya'll are going to do. Will you obey the traffic laws today? Will you blast around me and through this traffic light / stop sign today? I never know. Will you ride 4 wide and take up the entire width of the street today? Not sure.
I'm afraid this is a case of some bad apples on bikes screwing it up for the rest.
John
10:07 am on Thursday, September 20, 2012
CJM, as an avid cyclist I absolutely hate it when I see other cyclists ignoring the rules of the road, because ignorant, simple minded folks like yourself end up grouping us all together. Folks with your attitude have run me off the road, thrown beer bottles at me, and told me to do impossible things to myself.
Whether you do it yourself or not, have you ever seen another driver exceeding the speed limit? Roll through a stop-sign? Blow through an occupied pedestrian cross-walk? Fail to give a cyclist the required three feet clearance when passing? If you have witnessed any of these actions, does it make all drivers idiots?
You are correct when you state that I am not entitled to anything simply because I am on a bike, but YOU are not entitled to anything because you drive a car. The roads are not yours, they are ours.
Whether driving or cycling, I consider it my personal responsibility to look out for the other guy, whether he is piloting a bicycle, car, scooter, motorcycle, horse, or spaceship. I suggest that everyone adopt the same attitude.
Bob H
12:38 pm on Thursday, September 20, 2012
I am a cyclist as well and I have to agree with some of the sentiment here. I'll be honest, around Decatur I see more cyclists giving us a bad name than those not. I have let some of them know it too and usually they are jerks. It worries me because some drivers get angry about it and some of them react by "fighting back". There really does seem to be a profile that cyclists are in large part guilty of propogating. I've actually started wearing mountain bike pants and street shirts so I look like a commuter and avoid some of the "spandex wearing jerk" profile that some many cyclists have created. Sorry, that's how I see it.
Eric
12:57 pm on Thursday, September 20, 2012
I have started commuting by bike. It has been a Godsend for health and well being. I have a perspective on both sides. That being said, for quite a while now I have been amazed at the behavior of cyclists around here. One time two were side by side going at about 10 mph and I was blocked. They obviously thought that was just something I had to deal with since they have all the rights as vehicles. I have had cyclists slam their hands on my car for some crime I committed that I was not even aware of, darting next to me, through red lights, etc. This is the first time in a forum that I have read other cyclists acknowledge this fact. So I commend you for speaking up and noting the problem. I do not have any solutions only that I as a driver I have to be extremely careful around here. I never can be sure what that cyclist is going to do.
ardnamor
1:30 pm on Thursday, September 20, 2012
Upon looking over the posts I am not seeing anything that resembles whining. I am seeing, however, a good conversation between aggravated and angry motorists and civil bicyclists who are upset about the killing of a cyclist lawfully on the road, albeit on a very dangerous road. So sorry for the family's loss.
ardnamor
1:47 pm on Thursday, September 20, 2012
I just received an email from Georgia Bikes that states that the Georgia Department of Transportation (GDOT) just approved a Complete Streets design policy ( http://georgiabikes.org/images/stories/docs/press_rel/gdot_complete_streets_press_rel.pdf ) So, the good news is that there is change afoot, so to speak.
Ralph Ellis
1:52 pm on Thursday, September 20, 2012
I think this is a great conversation. Please keep it going.
Ed
2:40 pm on Thursday, September 20, 2012
I have been hit broadside by a driver making an illegal left. I have been hit by a Marta Bus passing too close to me. I have be brushed by an older driver, driving too close. I have also run stop signs, darted between cars and run red lights. I have fallen by my own doing in the middle of Piedmont Road due to the ridges in the median. I am 54, and I am an avid cyclist. All riders assume risk everytime they ride. Just as we are required to take a motorcycle class (which I have, and have had motorcycles) a cycling safety course fashioned after a motorcycle course will safe needless injury and death. If you are an intown rider, attempting a training ride on crowded roads always leads to frustration on both the riders side and the motorists he/she are trying to pass or turn in front of. Save your training rides for Silk Sheets, the Bud Plant, Silver Comet etc.. Intown riding, use it for recovery rides or long distance. Or find neighborhoods with great hills and do repeats, then take it easy going home. Motorists are for the most part very courteous and patient, especially inside the perimeter. However if your group feels the need to exceed the 3' from the curb limit you are being selfish and very foolish. Even I will give groups who ride two, three and four abreast a hard time. It makes the rest of us look bad, its stupid and its against the law. Save the competition for the appropriate venues. Learn to live safely with motorists. Most of us do.
Racer X
8:36 am on Friday, September 21, 2012
Well said....Ed.
larry english
9:01 am on Friday, September 21, 2012
ed
he probably wasn;t on n decatur for long
you have to be on it right there, to get ANYWHERE, unless you want to go 6 miles to avoid it
he may have been intending to turn off at the first opportunity
which would make it REALLY bad luck
wle
ardnamor
5:49 pm on Thursday, September 20, 2012
Here is a link regarding testing for blood alcohol level after an accident http://savannahnow.com/stories/021204/LOC_jonesalcohol.shtml .
ardnamor
6:23 pm on Thursday, September 20, 2012
And, here is a link to sunrise and weather conditions 30 APR 2011 http://www.wunderground.com/history/airport/KPDK/2011/4/30/DailyHistory.html?req_city=NA&req_state=NA&req_statename=NA
DDAWG
7:11 am on Friday, September 21, 2012
If Cyclist have the same rights and the same laws as motorist on the road, then I think they should be licensed. That also applies to scooters. I think the roads and speed limits were originally designed for motor vehicles driving a lot faster with bright headlights, tail lights, turn signals and horns. You drive up on a cyclist which is very small, very small tail light, if any. Some ride in the middle of the road. Some ride in the wrong direction. Anybody can go get on a bike with no tail light and no head light and ride on the street with motorist driving 50 miles an hour. The motor vehicle license is way too easy. That's why they hit other cars, cyclist, people and motorcycles. In aviation it's the same thing. If you fly a light sport, you don't have to have a certificate. They fly in the same airspace as other planes which do have to have a certificate. I don't understand. Hopefully we can learn and make things safer from this accident. My prayers go out to the Taylor family.
Racer X
8:33 am on Friday, September 21, 2012
I have several friends who are cyclists and we have had several friendly discussions about it because I give a damn about them.
A cyclist has every right to the road. Similarly, a 16-year old girl has the right to walk down a dark ally alone at 2:00am. Is exercising either one of these rights a good idea? Er....I say no.
Dude
9:33 am on Friday, September 21, 2012
It is sad that this has turned into such a bitter debate between cyclists and those that are not cyclists. The facts here are that person who has been charged now 3 times in 4 years for DUI was not found at fault for literally running over a large man and his bike. Clearly this man does not choose to obey traffic laws as is evidence by his frequent moving violoations and DUI's. Those that have criticized the cycslist for making a poor choice for riding on such a busy rode - if it is so busy then why are there no witnesses to the accident? If this had been a pedestrian hit, would there be the same debate? Obviously this cyclist had fallen or had been hit by another car - it is absurd to think that he was intentionally kneeling in the road. If the driver of the car was able to see him and register that he was kneeling in the road as was reported on the accident report, then he should have been able to stop - of course if he were traveling the speed limit that is. There is a very clear line of sight coming up from Superior heading East on North Decatur. In a 35 mph zone you would have plenty of time to stop.
ardnamor
10:25 am on Friday, September 21, 2012
This conversation must not be hijacked by hate radio culture behavior. Motorists have very valid grievances towards cyclists hot dogging and cyclists have to contend with the degeneration of driving skills and etiquette (turn signals anyone?). To cap it off, the main roads are very hazardous and surface speeds are usually beyond the limit. This leads to a general lack of respect for the fact that using our roads is a social event that requires everyone to know and play by the rules so that we get where we want to go without anyone getting hurt. We are, truly, all in this together.
Ralph Ellis
10:35 am on Friday, September 21, 2012
A new question, readers. How should traffic laws be changed?
AJM
10:44 am on Friday, September 21, 2012
Ralph, like the question. How about these changes:
1) Heavy fines for parking/stopping in the middle of traffic (UPS/FedEx/etc.)
2) Put cones in areas where drivers frequently cross double yellow lines
These two things cause problems for both cars and bikes. The violators are selfish drivers who inconvenience everyone.
Ralph Ellis
11:03 am on Friday, September 21, 2012
Good ideas. How about strong enforcement of stop sign laws for cyclists and the 3-foot rule for auto drivers?
AJM
12:30 pm on Friday, September 21, 2012
Ralph, I would agree, but the 3-foot rule isn't always realistic. For example, look at North Highland. There are lots of cars parked on a pretty narrow road. The rule would probably place opposing cars closer to each other than a car+bike. Also, that's probably a very resource-intensive rule to enforce (as would be rolling stops for bikes). Cops are more likely to spend time on violations with big fines/fewer big violators.
In my view, the big problem is some selfish drivers causing a cascade of problems when they impede traffic flow. This forces both cars & drivers into opposing lanes and reduces road capacity.
By the way, I totally acknowledge that some some bikes (especially large groups in a cluster) can cause problems. But the bike riders are more putting themselves at risk when they misbehave.
larry english
6:15 pm on Friday, September 21, 2012
north highland - no it would not be a problem
bikes should take the lane
get out of the 'door lane' to the far right
if cars have to wait half a minute, they can calm down
does anyone on north highland expect that to be a high speed route?
no
same thing in downtown atl
lots of lights, crosswalks, buses, carriages, double parkers, why take it out on 2 or 3 bikes?
there are plenty of other things to slow you down
chillit
wle
Ralph Ellis
12:47 pm on Friday, September 21, 2012
AJM, I had not thought about that. I've heard of police ticketing bicyclists for running stop signs but I've never heard of a ticket for breaking the three-foot rule. Have you?
larry english
6:16 pm on Friday, September 21, 2012
no no one ever tickets for a 3 foot rule
i think it is just something to charge a motorist with after a cyclist is killed
obviously if there is a collision, the space was 0 feet
wle
GES
12:46 pm on Saturday, September 22, 2012
This was a case of a cyclist making the poor choice to ride on such a dangerous road. I live a block away from the crash site an will not even walk down that part of N Decatur Road.
It is just a bad road and was a bad decision that day.
Scott Simpson
10:52 am on Sunday, September 23, 2012
Americans were completely brainwashed by the auto industry long ago. What other 'product' alienates you from people, destroys the planet, destroys your health, causes wars (for oil)? Only the automobile.
Racer X
11:22 am on Sunday, September 23, 2012
How do cars alienate you from people when several people can ride together? Some of the best times my daughter and I have are on long drives. You kind of sound like the "car hater" in that Speed Racer episode about the guy on the horse that hated cars. Luckily Speed straightened him out :-)
ardnamor
3:28 pm on Monday, September 24, 2012
Here is a link to an interesting article about bicycles and motorists http://www.slate.com/articles/health_and_science/science/2012/09/cyclists_are_annoying_why_you_think_they_re_a_menace_on_two_wheels_.html