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Death of bicyclist under 18-wheeler on rainy night in Cambridge ruled an accident

The Tech posts copies of the reports into the death of Phyo Kyaw last Dec. 27 in a collision with an 18-wheeler at Mass. Ave. and Vassar Street.

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Sometime today Brett will come on here and tell everyone that there is no such thing as accidents.

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Stay classy.

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don't pass moving cars on the right!!!

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The bike was stopped or stopping on Vassar street (perpendicular to Mass Ave) probably preparing to make a left turn. The truck was on Mass Ave, turning onto Vassar, and made such a wide turn that it went into the wrong lane on Vassar, and ran over the bicyclist waiting to turn left.

Such a tragedy, and my sympathies to the victim's family and friends.

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Never mind that the cyclist wasn't passing the truck but rather preparing to turn, you have no clue what you are talking about with regard to the rules of the road.

Section 11B.(1) the bicycle operator may keep to the right when passing a motor vehicle which is moving in the travel lane of the way.

http://www.malegislature.gov/Laws/GeneralLaws/Part...

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Lots of excuses for the motorist/trucker fundamentally failing to look where the hell they were going or pay attention to their primary task at hand - DRIVING SAFELY.

Just because a fatal error of judgement or attention isn't intentional doesn't mean that such a grevious failure should be overlooked, excused and never sanctioned.

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may have been the contributing factor that led to the state declaring the trucker to be non-liable. Though, since headlights don't send much light to the sides, even having a headlight might not have saved the cyclist here.

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I"m curious how some posters arrive at a different conclusion than the report written by the investigators. On what basis would one suggest that it contains "lots of excuses".

Given that the report suggests that the bicycle shifter was set in a high gear and that turning oil trucks by definition are large, slow, illuminated predictable moving objects. Because none of us were there it's up to the investigators to investigate and try to recreate what happened.

Regarding the truck driver not operating safely. MIT video does indicate that he had his turn signal indicator lights on, so we can further deduce that the truck driver slowed down to make a right hand turn, didn't see the non-illuminated cyclist, who was wearing dark-clothes in a rain-storm at night.

Some posters have suggested that the cyclist was stopped, suggesting that somehow he was unable to react in time to the truck swinging to the left. If he was stopped, could he not see the oil truck? Did the truck somehow move in an unpredictable way? I find both scenarios to be pretty unlikely knowing what we do.

Perhaps I'm biased by all of the young, mostly male riders who I see flying around that area viewing motor vehicles, pedestrians and other cyclists as moving obstacle course objects - but the report speaks for itself.

So I ask again, how other posters arrive at suggestions that police are covering up in some fashion, and how they rule out the possibility that the cylist himself might not have met Swirly's standard of "DRIVING SAFELY"?

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"Some posters have suggested that the cyclist was stopped, suggesting that somehow he was unable to react in time to the truck swinging to the left."

A cyclist straddling a bicycle in the left-turn lane has no obligation to move for oncoming traffic. That traffic needs to stay within marked lines.

If it can't be operated within marked lines, it's too big for the area. You will note that his collision happened a couple of blocks from where a pedestrian was run over by another 18 wheeler - the pedestrian was on the sidewalk, and the truck's rear crossed onto it because it couldn't clear the turn otherwise.

Also: even if the truck was traveling at 10mph, the cyclist would have had at most 2-3 seconds to get out of the way of the truck. Straddling a bicycle, that's pretty much impossible.

All this report did was find excuses for the driver. The cyclist wasn't wearing visible clothing. It was raining. They were in a high gear, so the cyclist must have been traveling fast. The primary cause of the collision is the truck being fully in the oncoming left turn lane.

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There were no witnesses to what happened, and yet we have two people posting as if they have specific knowledge of what the cyclist was doing or preparing to do.

There is a presumption of innocence and a legal system that doesn't criminalize mistakes, and yet we have a third person who wants sanctions against a slow-moving, properly-signalling truck driver who didn't see a cyclist dressed in dark clothes without a headlight in the dark in the rain and probably riding fast given the state of the gears.

I'm not blaming the cyclist. I just refuse to blame the driver for what was obviously and accident (not an "accident").

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There is a presumption of innocence and a legal system that doesn't criminalize mistakes, and yet we have a third person who wants sanctions against a properly-signalling truck driver who drove his truck completely into the oncoming lane.

Fixed that for you. You see: lack of a headlight doesn't crush the left side of your body. Wearing dark clothing doesn't crush the left side of your body. Having an eighteen wheeler enter your lane and run you over crushes your body. Being shifted into a high gear on your bicycle does not crush your body (nor does it indicate that at the specific moment you were struck, that you were traveling at a high rate of speed. Some people, particularly novice cyclists, "mash" the pedals. Even experienced cyclists will forget to shift down when coming to a stop, as well.)

If it was raining, the truck driver should have operated his dangerous vehicle with greater care - it's not something in his defense.

As for your comments about how the victim was dressed: we don't blame pedestrians for getting hit if they're wearing dark clothing. Why do we blame cyclists? Ah, right: get on something with two wheels, and you're no longer a person. You're a slab of meat who is a menace to society.

I've had people drive straight at me in broad daylight and I've been rear-ended by someone I'd been in front of at a red light, again in broad daylight. I know someone who was on a motorcycle and when the light changed green, the driver behind them - who had also been stopped - rammed him. And then told cops "I didn't see him." They'd been stopped together for over a minute.

I've been dressed in gloves, jacket, pants, shoes, and helmet, all with reflective stripes, my bike has reflective sidewall tires and reflective stickers on it, and I've got superb lights front and rear which both also have reflectors. I was nearly run over by a driver coming at me off the jamaicaway. I slammed on my brakes as did he, and he couldn't get around me because he was in the wrong lane - he was fully over the double yellow line, and what did he scream at me? "I DIDN'T SEE YOU! YOU NEED TO WEAR SOMETHING MORE VISIBLE!"

The issue is not one of visibility. The issue is that "I didn't see them" is not treated as an admission of incompetent operation. The driver of the truck entered an oncoming lane in poor visibility without assuring it was clear. The onus to assure a completely clear oncominh lane rests solely on the driver, not on the people already in it.

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No, you didn't fix it, you just made it into something it wasn't.

Have you ever seen a truck like this make a turn? They do it slowly and they take wide turns that sometimes bring them into the oncoming traffic lane. This is legal, commonplace, and not the same as "driving his truck completely into the oncoming lane." If you're on the road as much as you suggest you are, you know this, so why are you pretending not to?

The unavoidable fact here is that the huge, slow-moving properly-signalling tractor trailer was more visible than the small, fast-moving, unlit and (by your interpretation of the gears) novice cyclist. That the truck driver didn't see him isn't an admission of incompetence, it's an accident and not subject to sanctions.

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If it does NOT FIT and cannot be turned in a single lane, it should not be there.

Period.

If you cannot turn it in the marked lanes, you are violating the law.

Period.

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Mass law, not Oregon.

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Is your basic marked lanes statute. Since the statute is a short paragraph with a million what ifs, (doenst even define what a marked lane is). Judges and jury have to listen to all the evidence in order to make an informed decision. And this would be true in Oregon as well where physics, driver reaction times, crash recon procedures are the same as they are here, as is the legal definition of negligence. A jury is going to decide whether a reasonably prudent and careful person would use care in the same circumstance.

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whether a reasonably prudent and careful person would use care in the same circumstance

Most reasonable and prudent people would say that a reasonable and prudent person would need to use care when operating a very large truck on city streets that are sufficiently narrow that such turning requires crossing the center line and taking an entire lane on the wrong side of the road on a rainy night.

Anyone familiar with the driving behavior of JP Noonan truckers knows that "reasonable" and "prudent" are rarely involved ...

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Please show me the part where it says "If you cannot turn it in the marked lanes, you are violating the law, period." Because I don't see that anywhere, and that's what you said the law was.

Also please show me the part in the 19 pages of linked reports where it says driving slowly, signalling properly, making a legal left turn and moving with a green light is not reasonably prudent or careful.

Sometimes accidents happen. Sadly sometimes people die from them. But this truck driver is not at fault no matter how much you love bikes and hate cars.

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The truck ran somebody over and killed them, when they were where they were supposed to be, doing what they were legally supposed to be doing.

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Firstly, he had no headlight, so he was not fully "doing what he was legally supposed to be doing". Furthermore, you can not prove whether he was looking where he was going, at a full stop, moving at far too great a speed to stop safely, or any other of a number of factors that could have led to his death. If it were so clear as to how he ended up under the truck, then the report would be able to give a conclusion on the relative liabilities of all involved. It doesn't conclude that, which is why there are no charges involved.

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If you cannot turn it in the marked lanes, you are violating the law.

No truck or bus would be able to drive in the city, or almost anywhere else, with that restriction. That includes T busses, too. I used to drive a delivery truck and know first-hand that you often have to pull into another lane to turn. Even when pulling out into traffic from a delivery stop, sometimes I had to go into the other lane. Some of these trucks have the turning radius of an aircraft carrier, and I'm not even talking about semi's. Welcome to reality.

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It's really poor planning that all the gasoline tankers going to Everett and Chelsea have to take narrow streets like these because of the Big Dig hazmat restrictions.

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Planning has nothing to do with it.

Here's planning for you. I can think of two traffic lights in my small town where the stop line in some lanes is at least 50 ft. back from it would normally be. They do this to allow trucks to make the swing into the other lane while that lane has a red light. Otherwise, there would be a stopped car in the way of a truck trying to make a turn.

Again, truck/busses/etc. swinging into another lane to make a turn is necessary.

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Planning has nothing to do with it, but here's how you ought to plan for it?

Which is it?

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Moving the stop lines wasn't planned, it was a fix to a problem that became apparent. The intersections had been there for decades and somebody decided that it would be better if the lines were moved. If it had been planned, the lines would have been there in the first place.

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Was your circular reasoning planned?

Or did you come up with it the second time round?

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MA has a VERY HIGH threshhold of what is considered to be negligent operation of a motor vehicle.

Had this happened in Oregon, the driver could be liable for failure to operate in marked lanes, oversize vehicle, and Violation of the Basic Rule (a catch all for failure to exercise appropriate caution given driving conditions and vehicle used).

That's why I say it is a classic "accident" in MA - many other states would have considered this to be negligent operation because they actually have motor vehicle laws that both exist and are enforced.

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And Oregon must have a very low threshold of what could be considered due process. Why don't they change the name of "Violation of Basic Rule" to "Breaking the Arm of the Law". Then they could place blame on whom ever they please.

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I suggest you look up exactly what that means before you attempt to use the phrase again.

You can argue a "violation of the basic rule" ticket. The state still has to make the case that you were not operating with appropriate caution given the circumstances and conditions. What a VBR ticket does, however, is establish a legal avenue for citing a motorist who is not operating a vehicle recklessly, but isn't operating that vehicle safely either.

Requiring drivers to account for conditions and circumstances rather than using them as an excuse for potentially fatal errors - what a concept!

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So...VBR is used to get around the concept of innocent until proven guilty. The State can't prove a particular vehicle was being operated recklessly so they charge the driver who isn't the officer's cousin with VBR and he has to "account for conditions and circumstances" BTW, does VBR have any objective criteria i.e. faulty safety equipment not working (headlights, directionals, etc). dirty windshield, etc.. or is it all subjective. You know, like the speed limit was 25, vehicle was going 20, but the officer felt it should have been going 19. Yea! What a concept!

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Anyone who bikes in this city has a birds-eye view at every stoplight of car drivers too distracted by their phones to know that the light has turned green. I've also had a driver stick his head out the window away from the road to tell me I was wrong to say... he wasn't paying attention to the road. Frankly I'm sick of pedestrians and cyclists *always* getting the blame when they're killed by someone operating a vehicle. If drivers started to go to prison for this shit (regardless of whether they are intoxicated), I bet we'd see a lot less recklessness out there.

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I bet we'd see a lot less bicycle accidents if they actually stopped at red lights.

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But in this case, the guy would have lived if he were not waiting at a red light...

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You don't know if he was stopped!

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That he was.

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The report suggests that he was in motion when he was hit. Granted, this is based on the state of his gears and not anyone's observation, but it makes more sense that he was moving too quickly to stop. If he were stopped and waiting for the light, he could have just moved. This doesn't suggest he was running the light. It just means he was approaching it in motion, which every vehicle does.

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If so, please explain how, while stopped, you quickly move any direction but forward in order to avoid something coming straight at you. My bike seems to have trouble moving sideways or backwards.

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No it didn't. And by the diagram of the accident he ran into the truck.

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I bet we'd see a lot less bike accidents if drivers weren't perpetually yakking on their cellphones, speeding, distracted, drunk or high. That said, neither alcohol, cellphones, or red lights has anything to do with this particular accident in which a promising young man was killed by a truck while stopped or stopping in an adjacent lane. Glad you got that off your chest though.

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that he was stopped or stopping? The accident recon report suggests he was riding pretty fast on that bike with no headlight at night in the rain.

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And read the report. The only indication that he was riding at a high rate of speed is the fact that he was in a higher gear which--am I missing something, cyclists?--isn't actually an indicator of speed. I shift my gears lower when going up hills, but generally I ride on higher speeds because I find it more relaxing than the lower gears. The position of the truck indicates that in order to turn he had actually crossed over into the oncoming lane where the cyclist was preparing, most likely to turn left. I find it pretty unlikely that this kid bounced his bike off the cab of an enormous truck while trying to turn left directly into the accompanying trailer of an oil truck in front of him. I'm not trying to assign blame in this accident--it sounds like an unfortunate combination of factors, including weather, no headlight, and a truck making a very wide turn. But I do find the immediate leap to assume that the cyclist was speeding, running a red light, etc. reprehensible. I don't assume the truck driver was a meth addict or hadn't slept for 36 hours or was running a light, only that he was way over into an oncoming lane and that the cyclist was poorly lit. Very sad.

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I'm a cyclist too but probably not as invested in it as some here. I don't drive at all.

I shift into high gear going downhill or on level streets when I don't expect to stop. I shift down when I'm approaching a stop or a turn. It's easier to get started pedaling again when the light changes and if something weird or unexpected happens it's easier to speed up and get out of the way.

This poor kid had his bike in the very highest gear, the one that gives the most resistance when starting to pedal. This suggests to me that he was not stopped at the light but was moving, maybe with the intention of stopping at the light. The additional support for this theory is that if he were just sitting there stationary waiting for the light to change while this huge tractor trailer turned the corner coming into his lane, and not quickly according to police, why didn't he move? My guess is because he had far less reaction time as a moving object than he would have as a stationary one.

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Should reckless pedestrians and cyclists go to prison also or do you believe in a "do as I say not as I do" justice.

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When someone is killed by a person walking "recklessly."

Or the next time you spot someone walking who weighs two tons made of steel. Iron Man?

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So it's not the person who is reckless that causes an accident, it's the one who doesn't get hurt? Just truing to understand you rules of logic.

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The person operating a two ton piece of heavy machinery has the responsibility to do so safely.

Regardless of whether that is an automobile or an Iron Man outfit.

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I agree. Whether it's an automobile, Iron Man outfit, bicycle, pair of shoes or hair drier. But, if an accident occurs, it is the irresponsible (i.e. reckless) person that is responsible. You know what I mean, for the accident, whether they are operating an automobile, Iron Man outfit, bicycle, pair of shoes, etc.

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Next time I wear my two ton shoes.

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Operating safely doesn't mean nothing will happen.

The next time a kid jumps out immediately in front of your car from between two parked cars, think carefully about whether the kid was too reckless for you to be able to stop in time.

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...is one I prepared for while learning how to drive. It was always made clear that I was responsible for anticipating, stopping, and preventing that kind of tragedy. I don't know, has the attitude changed since then?

P.S. ACA downvoted a bar closing at 2 a.m. Mark it down on your list!

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The child of Superman and a fortune teller?

If you are driving down say Comm Ave at 30 mph and a kid chases a ball into the street 30 feet in front of your car there is no way you could reasonably anticipate that or stop in time. Do you drive 5 mph everywhere you go? That comment is absurd beyond belief unless you are clairvoyant and can jump out of your car and stop it yourself in violation of the rules of physics.

Plus, you can't stop for something you can't see. I haven't read the report on this case beyond what's quoted in the comments - but I'm pretty sure the trucker didn't think to himself - oh - there's a guy on a bike - I'm going to run him over.

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There's a world out there beyond the stretch of pavement in front of your car. Be aware of what's happening on the sidewalk as well as the road. It's not that hard to spot a potential situation with a kid on the side of the road. In the case of Comm Ave, it's more likely you'll see kids on their way to class get out in front of your car. But it's easy to predict that -- as they gather on the sidewalk at the intersection.

This is, by the way, why I think 25 mph is too much for residential streets much smaller than Comm Ave. They should be 15 mph. I think it's kind of sick that most cities slap 25 mph on most residential streets without even thinking about it. It's almost like they value cars more than kids.

P.S. When was the last time you saw someone actually driving the speed limit on Comm Ave? Most people treat it like a highway and the signs are hidden behind trees.

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Your comment is naive beyond human comprehension. Unless you have x-ray vision, you are not going to see a 4 year-old dart out from behind an SUV to retrieve a dropped ball while driving down Comm Ave. You're right - there's a whole world out there - depending on the circumstances I have to be looking in my rearview mirror, side view mirrors for cars and bikes, looking ahead, watching for traffic lights, making sure a car isn't pulling into the road or opening a door to say nothing of the cars, bikes and pedestrians that may be doing things that no reasonable person would expect - like just drive through a red light (I see that happen several times a year - and probably 3-4 times a year it leads to an accident on the corner where I live) - to think that any human being can do these things 100% of the time and never hit anything because they should be "responsible" shows an utter lack of comprehension of what it takes to drive safely in an urban environment as a human being. In some cases a high speed computer couldn't perform those feats and stop while still obeying the laws of physics. 99.9999% of the time it works. But to criminally or civilly blame a driver who hits a kid running after a dropped ball from behind a plumber's van parked on the side of the road on a random Tuesday afternoon because you say they are "irresponsible" is beyond further comment.

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Though not much these days. I had a car for about 10 years before selling my last one.

Kids don't hide behind SUVs just to spite you. It's possible to see beforehand what might happen. In the driver's seat I have a fairly comfortable view of 270-300 degrees around me. The remaining spots are the so-called "blind spots" on either side.

I recognize that it's not "fair" in some abstract sense. That's life. The person driving the two ton machine bears the onus of the responsibility for what happens with it.

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Daytime drivers are basically allowed a 1.5 second reaction time for things that happen in front of them. Your basic time/distance/velocity formula will tell you wether or not you should have reasonably seen something dart in front of your car and have time to stop.

If you are going 30mph, and a kid darts in front of your car 150 feet ahead, there are formulas you use to determine the time it would take for your car to make an evasive maneuver and avoid the kid.

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People walking recklessly usually kill themselves. But I'll see your Iron Man and Call.

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2...

It reports two deaths by cyclist in San Francisco.

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Now I can start fretting about bicycles on the sidewalk again.

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Consider that 50,000 people are killed each year - including 10,000 who are not in cars - by cars.

Having a sense of proportion is a wonderful thing.

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Wasn't hard at all. Googled "hit by a cyclist" and it came up. Facts are easy to find in this day and age, but I suppose it is quicker to make them up as you go along.

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I'm not sure why I should be expected to pay attention to anything else other than the traffic light. People operating moving objects (whether cars, bikes, or skateboards) are supposed to take care to avoid hitting stationary objects such as my stopped bike.

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You generally make a lot of great points but this isn't one of them. If that's really what you think, why wear a helmet? Why not wear headphones or chat on your phone?

Simple human self-preservation recommends that you pay attention to your surroundings whether you're on your bike or walking or behind the wheel of a car.

This is the kind of statement that makes drivers think cyclists (and I'm a cyclist!) are crazy and self-centered, and I don't think you really mean it.

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you have been on this site long enough. You should know by know that many posters either:

a) know everything
b) know everything and hate the police
c) know everything, hate the police, and think people from Massachusetts are idiots.

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"Some posters have suggested that the cyclist was stopped, suggesting that somehow he was unable to react in time to the truck swinging to the left. If he was stopped, could he not see the oil truck? Did the truck somehow move in an unpredictable way?"

Bikes can't move sideways. If you're stopped at a light it's even harder to get out of the way of something by moving to the side.

Assuming the cyclist was stopped at the light, one explanation is that he assumed the truck would stay on the correct side of the double yellow line. Once he realized that it was making a wide turn, it might have been too late to get out of the way. I've been in similar situations, luckily on bright days, where a wide-turning bus has had to stop because I was preventing it from making such a wide turn, and it takes me a few seconds to get out of the way.

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Any of the cyclistas out here ever see the video where they ask a crowd of people to count how many times a group of people dribbles/passes a basketball in a certain marked area on a stage?. Bottom line, the crowd of dozens of people is so focused on counting how many times the ball bounces or is passed or whatever, they don't even notice that a man in a gorilla suit walks through the half dozen or so basketball players, stops, looks around, and then continues on his merry way. Bikers have to wake up and realize they are the man in the gorilla suit. Drivers are looking ahead, looking in their mirrors, watching other cars, scolding kids in the back seat, talking on their cell phones, daydreaming, watching for pedestrians etc. Like it or not, you are the last thing we are looking for - plus, other than cars, you are the fastest thing on the road - if we don't see you on the first glance we might not see you. Nobody's out there deliberately dooring, cutting off or running you down. We just don't see you because there are already so many other things we know we need to pay attention to even if we "see" you, we very likely won't "notice" you. Thanks to reading all the biker posts out here, I've tried to be more cognizant of cyclists - but I've frequently pulled over, looked in my side mirror to make sure a bus or car wasn't going to rip my door off and then opened the door. A fraction of a second later it occurs to me that I never would have noticed a cyclist, even though I looked and would have doored him/her if the timing had been right. Raising awareness is good - gets people like me to remember to look for cyclists - but there are already too many things out there to pay attention to. We are humans - not machines and it's the way our brains work - all of us - bikers aren't special and we are not out to get you.

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your comment, but if you read enough of these kinds of threads on UH (let's not even talk about the Globe or Herald) it's hard to miss the sometimes crazed levels of hostility towards people on bikes, not to mention the real hostile and dangerous behavior you see on the roads. And though the angry people scare me, I'm more nervous about the well-intentioned clueless people opening their doors into traffic than I am about guys in pickup trucks throwing beer cans at me. So yes--keep spreading the word. It's not a war--we're all just trying to get where we're going in one piece.

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The person in the Gorilla Suit is a Masshole.

The real problem is the Masshole that rides a bike, walks like livestock afflicted with mad cow disease, and drives like an idiot.

That, and we all deny our kinship with Gorillas.

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Here's a link to the famous Invisible Gorilla video. It contains a useful practical lesson for cyclists: You often need to assume that other drivers are looking right through you.

But the phenomenon of attentional blindness does not absolve motorists of their moral and legal obligations to refrain from injuring law-abiding cyclists. After all, it's easy to spot the dancing gorilla in the video if you've been told beforehand to expect dancing gorilla. Similarly, there's no excuse for a motorist being blind to a cyclist who is lawfully using a public road.

And in any case, it is well known that operating a multi-ton vehicle is an intensely cognitively demanding task. If you lack the mental bandwidth to drive without injuring people, then you shouldn't drive. If you drive anyway and injure a law-abiding road user, then you did so deliberately and ought to face retribution.

I'm not suggesting that the driver of this truck deliberately killed Mr. Kyaw. I looked at the reports, but I still have no idea what happened that awful night.

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Black people should just "wake up and realize" that white people don't like them.

Women should just "wake up and realize" that we men only want them in the kitchen.

Police in violence-ridden neighborhoods should "wake up and realize" that drug gangs are there and just tell everyone to move out.

No, dipshit. Driving a two-ton car is a privilege and a responsibility - you have a responsibility to operate your car safely. There is NOTHING I can do to protect myself if you're staring at your cell phone texting, except to not be in the road - but the slightest spending in mass transit or bicycle infrastructure only passes with massive amounts of bellyaching and kicking and screaming about how we're turning into communists.

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Some times the person in the gorilla suit is the motorist. Pedestrians as well as cyclists ignore their surrounding putting their own safety at risk.

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Note that the truck completely ran over the opposing left-turn lane and part of the straight/right-turn lane. How is this an accident? The diagram is pretty damning...
IMAGE(http://i.imgur.com/RSudX.jpg)

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If the cyclist was stopped as some like to believe he would have been hit by the front of the vehicle not the rear wheels of the tractor. The cyclist was moving and ran into/under the trucks wheels.

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Here's a quote from the same page of the State Police report:

The only visible evidence of contact between the tractor and the bicycle and/or its' cyclist was a black scuff mark on the front bumper of the tractor and an area of wiped off dust and dirt from an area that was observed by the lower edge of the right side of the front bumper that extended to the area near the center of the bumper in the area of the hinged front license plate holder. Additionally, a small scratch was located on the underside of the left fuel saddle tank of the tractor likely caused by the tractor passing over the downed bicycle.

The State Police report says that the front of the tractor hit Mr. Kyaw. Please read the whole report.

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You are right, I should have read the report before typing. Instead I just looked at the diagram and photos of the bike under the rear wheels and came to a conclusion. And Sally, there seemed to be a few people writing that did have flaming torches out to get the driver. In the end, a boy lost his life and a guy, that got up that morning just to make a living, will be saying "if only" for the rest of his life.

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What picture are you looking at? The reports states clearly that he was hit by the bumper of the tractor--I.e. the front of the truck.

We'll never know exactly what happened here and I don't see a group of cyclists with flaming torches out to get the truck driver--I think we can all understand the challenges of driving a huge vehicle in the city, the weather, etc., not to mention that it must be deeply traumatizing to be involved in an accident like this, but it's pretty clear from the report that the cyclist was in the lane approaching Mass. ave and would have had no reason to expect that the truck would be in his lane heading towards him.

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You mean the red traffic light, blinking turn signal, and giant vehicle with running lights and headlights on heading straight for him wouldn't have been clues?

I'm not trying to assign blame. That's the whole point, actually. Anyone trying to assign blame does not have enough actual evidence to do so one way or the other. Everyone predicating their arguments about the truck being in the wrong place being the proximal cause are relying on the cyclist to be at a dead stop at the light. There's no evidence of that.

If the cyclist had instead been flying down Vassar faster than his brakes could reasonably stop him without skidding given the wet and raining weather conditions, then he looked up to see a truck had already begun turning onto Vassar (he struck the front, not the side of the cab). He thus would have failed to drive defensively enough to yield to the given traffic situation regardless as to whether the truck should or shouldn't get a ticket for being in the wrong place. Then again, we don't have any evidence of this scenario being the correct one either (although I find this one more plausible than the truck simply running someone over).

Thus, the crux of our problem is a lack of evidence overall. In that case, what can you reasonably found your decision on? You can't...thus the lack of charges. We're all innocent until proven guilty. We can't condemn the cyclist for flying down a dark road and skidding out-of-control into the front of the truck any more than we can condemn the truck driver for running the cyclist over at the stop line waiting for the light. You might complain that the truck shouldn't have been where it was...but you can also complain that the bike should have been illuminated by its own headlight. We just won't ever know and we can't charge someone if we don't know what really happened.

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that it's time for me to leave this thread and move on, but I'll say one last time--the truck crossed over INTO the oncoming lane of traffic. Can you explain to me the signal that a driver uses to indicate that their own lane will not be wide enough to accommodate their turn and that instead they'll be driving into oncoming traffic and youd better swerve or bck the hell up. For someone who claims to be not assigning blame, you sure sound blamey to me.

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We're all assuming the cyclist was approaching from Vassar St, but the report makes it clear that they were no eyewitnesses to the collision, nor video, and his direction of approach is unknown.

It seems to me its possible that he was in the crosswalk, having come from the sidewalk (on the 'wrong' side of the road, Boston-bound) when first struck by the front bumper of the truck.

In any case, he should have had a front light (and where are the warnings, folks! -- where is the enforcement!), but still the truck driver may not have been taking due care making a wide turn, on a dark rainy night in an urban area. The police did not check to see whether an unlit bicyclist could reasonably have been seen given the street lighting then in place.

The bias shown in the police report is astounding, such as these statements:

* "the possible cause of this collision was the encroachment of the bicycle into the path of the turning tractor trailer unit”

* "In the vicinity of the crash, there were bicycle lanes on both sides of Vassar Street and the final rest of the bicycle indicates that it was not in either of the bicycle lanes at the point of impact”

* "although a speed analysis was unattainable it is this Officer's
opinion based in part on video evidence and the dynamics of the intersection that the speed of the tractor was not a factor in this crash"

* "Contributing factors of the collision, was [sic] the moderate
to heavy rainfall, during the hours of darkness involving a cyclist that wore non-reflective clothing on a bicycle equipped with only a rear facing illuminated light at a presumed relative high rate of speed."

In any reasonable scenario, it was the tractor trailer that encroached into the bicyclist's lane (or crosswalk), not the other way around.

The existence of bicycle lanes is irrelevant to the collision, but there is the strong hint that the bicyclist was to blame for not using them.

The officer assumes without any evidence that the truck was not going too fast, but a safe speed for the conditions -- given the need to encroach -- is VERY slow. Did they even get a statement from the motorist on this, or the MIT police officer was standing at the corner (she saw the truck turning, but not the actual collision)? They could have asked the driver to attempt the turn again at the same speed as before.

And then the officer makes the flawed assumption (that others here have noted) that a high gear means a high speed. There is absolutely no evidence that the bicyclist was going fast (maybe not even moving).

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Standing in place while a truck accelerates over you is a relative high rate of speed.

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When the crash reconstructionist attempts to come to conclusions in cases where there is minimal evidence, the driver always gets the benefit of the doubt unless there is physical evidence that can prove otherwise.

Reaction times (nighttime in this case), throw distances equations, light visabity tests, and other minimum speed calculations were all done here, and there simply is not going to be enough physical evidence to convict someone of a crime here. The officer can only make decisions based on facts.

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I am in full agreement with everything Paul Schimek said.

There is one possible scenario, however, that I would love to have explored. Could the cyclist have been riding on the Mass. Ave. sidewalk (at moderate speed) parallel to the truck and, without anticipating the possibility of the truck turning, darted into the crosswalk with the intention of reaching the next section of sidewalk? He might have seen the truck too late and unsuccessfully tried to avoid it.

The nearby Vassar Street cycle tracks do suggest the appropriateness of sidewalk cycling in this area, and the greatest danger occurs when cyclists unseen by motor vehicle operators cross roadways.

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