SFPD Park Station Renews Pedestrian Stings, Juggles Traffic Watch with Crime Trends

Pedestrian stings for infractions like this at Divisadero and Fell streets

Motorists who ignore crosswalk right-of- ways might get more than a few seconds shaved off their daily travels as SFPD's Park Station undertakes pedestrian stings at the district's worst intersections for the offense. Officers posing as pedestrians will target and ticket motorists who enter a crosswalk ahead of pedestrians, try to nudge the strollers to move faster, or nearly clip them from the rear. The Fell/Masonic and the Divisadero/Fell intersections will get special attention following complaints. The renewed operations will begin this week.

SFPD periodically monitors the crosswalk connecting the western and eastern parts of the Panhandle Path at Fell and Masonic, but anyone using the path or the streets observes intrusions at the crosswalks throughout the day and night. Problems occur at the east-west Divisadero and Fell crosswalks when motorists partly or completely block pedestrians while they await signal changes.

Park Station Captain Teresa Barrett explained to BIKE NOPA that the pedestrian stings are sometimes interrupted when traffic cops assigned to the district get directed to other operations. Recent diversions include crime trends in Golden Gate Park, robberies, and the all-district alert leading up to the verdict in the Johann Mehserle trial. Barrett said she expected the pedestrian stings to continue on an ongoing basis.

"A Clear Case of the Bicyclist At Fault": SFPD on Recent Masonic/Fell Collision

The bicyclist was riding a red Cannondale fixie. Photo: Jim Herd

The motorist was driving a Ford Focus XZW station wagon. Photo: Jim Herd

The bicyclist injured in a collision with a motorist at Fell and Masonic Streets last week was travelling against the light and without the right of way, according to a police report filed by the SFPD officer who inspected the scene and spoke with witnesses. "This was a clear case of the bicyclist at fault," Lt. Lawrence Ramlan of SFPD Park Station told BIKE NOPA in a telephone conversation early this morning.

Ramlan was not at the scene nor did he file the report, but he reviewed the account that has since been filed with the Traffic Division for possible investigation. "The bicyclist was travelling westbound on Fell Street in the left-side traffic lane," Ramlan said. "He then made an abrupt left turn from Fell onto the northbound lanes of Masonic; he didn't turn with the light." According to Ramlan, the officer who filed the report obtained testimony from a number of "uninvolved witnesses" who indicated that the collision resulted from the cyclist's turning against the light. The injured cyclist's brother who was biking nearby corroborated this account, according to Ramlan. The lieutenant did not say whether any other uninvolved witnesses reported a different set of circumstances.

During the brief conversation this morning, Lt. Ramlan added that the cyclist was also riding a fixed speed bike with limited means of braking. When BIKE NOPA inquired if use of a "fixie" was a factor in determining responsibility for a collision, Ramlan replied, "If you don't have any brakes or means of stopping, then it becomes an issue." He added, "For anyone who uses the road -- whether a motorist, bicyclist, or pedestrian -- if you don't have the means to control your speed adequately, there can be a problem."

Ramlan stated that there has not been a determination of whether the cyclist will receive a citation. "The matter is with Traffic now." Asked about the bicyclist's condition, the lieutenant said he had been unable to obtain that information. The rest of the details about the cyclist and the driver was in the police report, he added. Ramlan then ended the conversation, explaining that officers at the station were very busy that morning with the Bay to Breakers race about to begin. An earlier report in the San Francisco Examiner indicated that the bicyclist was in his early twenties, that his injuries were minor, and that the driver stopped at the scene. Where the collision occurred and when in the signal period it happened are factors presumably included in the police report that has yet to be released to the public. The first report of Friday's collision appeared in the blog San Francisco Citizen.

When BIKE NOPA tracked the outcome of a February 14th collision involving a taxi driver and a bicyclist at Fell and Masonic, we found what appeared to be a lack of clarity and transparency in the handling of non-fatal traffic collisions. The officer at the scene of that incident told BIKE NOPA that his job was to collect the facts, including witnesses' testimony, but not to recommend whether a citation should be issued to either party. His responsibility he said was to file the incident report with the Traffic Division for investigation and determination about citations. Yet an officer at Traffic explained that the unit is so overwhelmed with the daily number of traffic incidents and reports, that they usually do not investigate a case or issue a citation unless the reporting officer suggests it. If that's the rule-of-thumb, then the reporting officer who believes it is not his duty to recommend a citation guarantees that neither a citation or further investigation will occur. In the February 14th case the officer at the scene determined there were conflicting statements among the witnesses, although an uninvolved witness clearly stated that the bicyclist was using the crosswalk during the green right-of-way period. No citation was issued.

*The earlier BIKE NOPA story about this collision, filed May 14th, stated in its sub- headline that the driver hit the cyclist. A more accurate reflection of events and an account more in line with the circumstances stated today by Lt. Ramlan indicate a better choice would have been to have used only the headline: "Another collision at Fell and Masonic."

Another Collision at Fell and Masonic: Driver Hits Bicyclist

Small Ford Focus XZW station wagon involved in this afternoon's crash. Photo: Jim Herd

Bicyclist's red Cannondale fixie with fork snapped in two. Photo: Jim Herd

Damage to vehicle suggests greater speed than usually scene for a left turn onto Masonic. Photo Jim Herd

Early this afternoon a driver struck a cyclist at the troubled Fell and Masonic intersection. Information about the collision and the extent of injuries to the cyclist is limited, but SFPD has told Streetsblog that the cyclist's injuries were not life-threatening and medics found him breathing and conscious. Jim Herd happened upon the scene at about 1 pm today and took photos that he published on his blog SFCitizen and sent to BIKE NOPA. The photos show the cyclist's Cannondale fixed-gear bike had snapped in two.

SFPD Park Station Captain Teresa Barrett makes it a practice to keep Panhandle neighbors up-to-date about traffic problems and injuries at the Fell and Masonic intersection, but she has been out of the office this week and will not return until Monday. As reported regularly here, Barrett has stepped-up enforcement of traffic problems at the intersection. Since the middle of February of this year, officers have issued more than 80 citations for traffic infractions at Fell and Masonic including illegal left turns from Fell to Masonic and illegal intrusions that threaten pedestrians in the crosswalk.

Before today's incident, the most recent case of a driver striking a bicyclist at Fell and Masonic occurred on February 13th. Injuries required the cyclist to seek medical care at a local hospital. At that time two independent witnesses stated that the cyclist was clearly using the crosswalk with the right-of-way during a green light period. However, the Park Station officer on the scene reported that the driver and passenger asserted they had the right of way for the turn, and no citation was issued by SFPD.

Today's injury accident occurred just one day after San Francisco bicyclists celebrated Bike to Work Day and especially the safer bicycling conditions on Market Street with the newly installed soft hit posts and green-painted bike lanes. FixMasonic, SFBC, and NOPNA have worked for years to increase the safety of the mixed-use Panhandle Park path and the crosswalk at Fell and Masonic. One of the achievements was the installation of a bike light to alert cyclists and motorists of the right-of-way period for bikers crossing Masonic. While the majority of motorists observe the signal lights, a high number continue to make illegal turns at the intersection and run red lights for the north-south traffic on Masonic.

Road Rage in NOPA: Driver Badly Injures Pedestrian, Totals Muni Bus Stop

#21 Hayes bus stop so badly damaged it had to be removed completely

Waiting for bus: road rage made it dangerous

"People sometimes get behind the wheel and lose any sense of responsibility," Captain Teresa Barrett of SFPD Park Station said during a review of the road rage that left a visitor to NOPA with severe injuries and a Muni bus station demolished Wednesday evening. "It's a miracle that no one was killed."

At about 6:40 Wednesday evening a fender-bender between two motorists at Baker and Hayes Streets led one to fly into an angry tirade and then attempt a quick exit, according to Barrett. Before doing so the driver slammed his pickup truck into a young woman waiting for the bus at the Muni shelter at the southwest corner. He barely missed two other pedestrians also waiting for the bus and severely damaged the structure before leaving the scene. Barrett told BIKE NOPA that the woman sustained a broken leg with compound fractures, a very serious condition but not life-threatening. According to the captain, the young woman was a tourist visiting the city.

The hit-and-run driver was arrested near 7th Avenue in the Richmond district after several quick-thinking, diligent San Franciscans helped police officers from the Park and Richmond stations. "We had very good involvement at each phase," Barrett said. "People monitored the driver when he drove away and again when he abandoned his truck to flee on foot." Officers worked with the man's description provided by observers and traced the license plate. Then plainclothes police located the man and arrested him. He remains in custody and faces hit-and-run felony charges. He was found to have no license and was tested for drug use.

"My officers said when they got there (at the bus stop), it was the most horrendous scene," Barrett added. Thursday morning the shelter had been completely removed -- with a temporary street signal installed on the sidewalk, but glass remained strewn around the corner and on the sidewalk for 25 feet.

Citations Mount for Fell/Masonic Motorists: SFPD Keeps Pressure on Red Light Running and Crosswalk Intrusions

Common occurrence: motorist entering and blocking crosswalk at Panhandle Path

Oak and Masonic: faded crosswalk striping and motorists turning too fast

SFPD Park Station officers cited another 16 motorists for running red lights, making illegal left turns on Masonic from Fell, and intruding into crosswalks during the first two weeks of April. Captain Teresa Barrett explained that the number was down somewhat since the heavy rains on several days curtailed pedestrian stings.

Since the middle of February of this year, more than eighty motorists have been cited at Fell and Masonic. The intersection has become a flash point for pedestrian and bicyclist safety advocates due to heavy traffic on the two corridors. Earlier this year Capt. Barret initiated a Task Force to conduct pedestrian stings to discourage motorists from pushing into crosswalks being used by pedestrians or cyclists. Motorists also continue to make left turns against the light at the intersection.

Although the multiple-use Panhandle Path crossing sees more traffic violations, the other end of the block presents safety hazards as well. One BIKE NOPA reader reports that he and his daughter were nearly hit by a motorist who came within three feet of them while they were in the crosswalk on April 9th at about one p.m. The motorist "was moving at a speed where she could not see what was in the intersection when she made her left turn onto Masonic from Oak. She made an 'oh my God' face and waved 'Sorry' before speeding off to make the light at Fell."

Captain Barrett agreed that drivers turn too fast from Oak onto Masonic. "Any changes that slow drivers down at that intersection would be beneficial." Compounding the problem at Oak are the mostly faded crosswalk stripes.

A Bike Thief on Foot, A Cyclist, and an SFPD Captain: One Good Crime-Fighting Day

How's this for collaboration between bicyclists and SFPD? Captain Teresa Barrett of Park Station described for BIKE NOPA a "great arrest" that she had last week at Page and Masonic. Here's how it went down:

"A bike rider who works at a downtown bike shop was following a suspect who stole two bikes earlier in the week. The suspect was on foot and the witness on his cell phone on his bike, broadcasting the suspect's location."

"I was able to arrest the suspect with Lt. Frost from the night watch. He confessed to stealing two bikes....the bikes were worth over $2500 each."

"A good crime-fighting day and great job on the part of the biker."

Park Station shines.

In addition to snagging a bike thief, district officers cited another 13 motorists for running the red light at Fell and Masonic. The special pedestrian sting Task Force would have been at the intersection too if a demonstration in town hadn't pulled them off regular duty.

SFPD Cites Eleven More Motorists at Fell/Masonic

Does an hour go by without something like this at Fell and Masonic?

Motorists who run red lights, make illegal left turns, and fail to yield to pedestrians and bicyclists in crosswalks at Fell and Masonic face increasing odds of getting ticketed. The first week of March SFPD Park Station officers issued another eleven citations to drivers at the intersection. In mid-February of this year, Captain Teresa Barrett of Park Station authorized motor officers and a special Task Force to increase surveillance of Fell and Masonic. The Task Force focuses on "pedestrian stings" -- plain clothes officers posing as pedestrians using the crosswalk -- to target drivers who push into crosswalks and threaten the safe passage of walkers and bicyclists.

In the last four weeks Park Station has ticketed 32 motorists* for running red lights, turning left on Masonic against a red light, or failing to yield the crosswalks. In its start-up phase the increased surveillance occurs at targeted hours. The total number, 33 citations, hardly matches the 123 issued by Ingleside Station in one day of pedestrian stings last June as reported in SF Weekly, but Barrett of Park Station told BIKE NOPA that she was committed to continuing the increased surveillance at the troubled intersection. She also noted that she also witnesses the problems: "Last Thursday I was out at Fell and Masonic and watched one of the motor officers nab a red light runner."

* One bicyclist was ticketed for running a red light during the surveillance.

SFPD Park Station Issues 14 Citations for Red-Light Running over the Weekend at Fell and Masonic

Pedestrians and cyclists crossing Masonic with green light; the motorist....

SFPD Park Station officers cited 13 motorists and one bicyclist for running red lights at the Fell and Masonic intersection over last weekend. Captain Teresa Barrett told BIKE NOPA this morning that eight of the thirteen motorists were ticketed for running the red left turn signal from Fell onto Masonic.

"These were regular officers," Barrett explained, "I decided to do this now even before a Task Force starts regular monitoring of dangerous intersections in the district." Barrett had earlier described the Task Force as a joint effort with Northern Station to cite drivers for running red lights. The officers will also set up pedestrian stings to ticket drivers who fail to yield the right-of-way to pedestrians. Although several intersections in Park District will be watched, Fell and Masonic will remain a priority location. Barrett said up to seven motorcycle officers will be part of the Task Force, and that it will begin this week.

Captain Barrett agreed with the idea that Fell and Masonic should get "a bad rep" among drivers as a location where red light runners are frequently ticketed. Extra enforcement can help accomplish that, she said, but installing a red light camera there might do even more. "The camera is a pretty powerful tool to make people aware of the surveillance," Barrett said. Jack Fleck, Transportation Engineer for the Municipal Transportation Agency (MTA), told NOPA residents last September that a red light camera would be installed at the intersection.

Captain Barrett said she also agreed with a reader's suggestion, posted on BIKE NOPA, that the traffic signals for westbound Fell Street traffic should be adjusted to remain red throughout the period that pedestrians and bicyclists are using the east-west crosswalks on Masonic. The current signal operation gives westbound motorists a green light while drivers wanting to turn left onto Masonic receive a red light. Several motorists have stated that the combination of a red and a green light is confusing and may lead to the illegal left turns.

One week earlier, as reported here, a taxi driver hit and injured a bicyclist after allegedly running this same red turn signal. Although the injured bicyclist and the taxi driver disagreed over who had the right-of-way, two independent witnesses (a driver and a passenger) told an SFPD officer on the site that they were certain the cyclist had a solid green light at the time of the collision. Nevertheless, the SFPD officer at the scene did not recommend a citation for the taxi driver. The officer told BIKE NOPA the day following the collision that there were conflicting reports and it was unclear that the cyclist had the right-of-way. Without a request noted on the incident report that a citation is merited, the SFPD Traffic Investigation unit seldom does more than file the report for insurance purposes -- especially in non-fatality cases -- according to officers who I spoke with after the collision occurred.

The increased SFPD enforcement comes at a time of heightened concern about making Masonic Avenue a safer corridor for all users. This Thursday from 4:30 to 6:30 pm the San Francisco Bicycle Coalition will conduct "streetside outreach" at Fell and Masonic to inform bicyclists of efforts to increase safety at the crosswalk that links the Panhandle Path. Last week SFBC posted on its website an announcement that it was "ramping up a campaign to push the San Francisco Police Department to step up their officer education over cyclist rights and increase enforcement city-wide to make sure cyclists and pedestrians are safe."

In addition to the hazards at Fell and Masonic, bicycle advocates are concerned that some SFPD officers are uninformed or are misinterpreting laws that permit bicyclists to use city streets. Last week a NOPA bicyclist and resident informed several organizations and individuals that she had been harassed by an SFPD motorcycle officer while biking on Golden Gate Avenue near Van Ness Avenue. The officer reportedly told her via loudspeaker that she did not belong in the traffic lane. The California Vehicle Code permits bicyclists "full use of the lane" when a bicycle lane is not available.

Update, 2:30 p.m. A comment from Marc Caswell, Project Manager for the San Francisco Bicycle Coalition: "Captain Barrett's quick response is a great sign, and we are very happy the Park Station is taking the safety of pedestrians and bicyclists so seriously. Hopefully, we can find a way to institutionalize these behaviors throughout the entire SFPD in every neighborhood and district."

SFPD Vows to Increase Monitoring of Illegal Red Light Turns at Fell and Masonic; Will Begin Pedestrian Stings Too Next Week

The busy, multiple-use, dual signaled crosswalk at Fell and Masonic

Captain Teresa Barrett of SFPD Park Station announced greater monitoring of the hazardous traffic conditions at Fell and Masonic -- including several reports of illegal left turns by motorists -- will begin next week. The operation will be a joint Task Force with SFPD Northern Station involving four or more motorcycle officers at intersections throughout the two adjacent police districts. Officers will ticket motorists who fail to yield the right-of-way to pedestrians in crosswalks and will target drivers who run red lights. The Task Force will be on the streets every other week.

Barrett readily agreed to provide statistics from the Task Force operation with a listing of intersections monitored, times of day, number of citations, and types of infractions. She noted that Tuesday of this week Northern Station cited 22 motorists at intersections in that district.

Barrett previously described the joint effort, reported here in BIKE NOPA, but she re-emphasized the focus on illegal left turns at Fell and Masonic after criticism of SFPD's handling of the collision between a taxi driver and bicyclist in the crosswalk there on February 13th. In that case SFPD decided not to cite the driver. Several pedestrians and cyclists commented on that report, noting the frequency of illegal left-hand turns at the intersection.

In a related development, North of the Panhandle Neighborhood Association (NOPNA) President Jarie Bolander has requested that Captain Barrett and MTA Traffic Engineer Jack Fleck describe what their departments are doing to reduce the hazards at Fell and Masonic during the organization's next general membership meeting on March 18th.

All users of the street, the path, and the sidewalks at Fell and Masonic are encouraged to report both sightings of stepped-up sting operations and illegal left turns to the San Francisco Bicycle Coalition or here at BIKE NOPA.

No Citation for Taxi Driver in Fell/Masonic Collision that Injured Bicyclist

Crosswalk linking the Panhandle Path at Fell and Masonic Streets

Captain Teresa Barrett of SFPD Park Station confirmed this afternoon that there will be no citation for the taxi driver involved in a collision with a bicyclist in the crosswalk at Fell and Masonic Streets February 13th. Barrett told BIKE NOPA that officers often do not issue or recommend citations unless they witness the incident directly or unless there are no conflicting statements from witnesses at the scene.

In this case at least two independent witnesses stated that the bicyclist was in the crosswalk with the right-of-way. One other witness was a passenger in the taxi; that person expressed some uncertainty about whether the driver had a green light to turn onto Masonic from Fell, as reported in this earlier post. The officer who interviewed these individuals told BIKE NOPA that there were conflicting stories among the witnesses, leaving the responsibility uncertain. The officer also suggested the bicyclist might also have been crossing the street during the crosswalk warning period, but that appears to not be the case as reported here.

Captain Barrett advised that often the greatest consequences for motorists in cases like these are the increased charges from their insurance company. "A taxi company is going to have insurance," Barrett said, "and the company is going to look at collisions on the record." She also mentioned that even if motorists are given citations, the traffic court might toss them out.

Although the officer who completed the Incident Report said that the SFPD Traffic Unit would investigate whether a citation will be given, in reality the process appears to work differently. If the officer who completes the report does not indicate on the document that a citation is merited, the form will reach the Traffic Unit and only get filed for insurance purposes and for reference in any subsequent civil case. In effect, officers at the scene do determine the outcome of the case if they don't suggest a citation since further investigation is unlikely without that notation.

Capt. Barrett suggested that while no citation has been recommended to the taxi driver, the bicyclist injured in the collision "has a huge chance for obtaining damages in a civil case."

Note: Individuals can generally receive copies of the police/incident report once they follow the directions provided on a recorded message at SFPD Report Management Section (415) 553 1286. The case # for this collision is 100148285; Officer W. Wong filed the report. The date of incident: Feb. 13, 11:30 pm. You will need to provide your reason for requesting the report.

Getting Clear about Right-of-Way at Fell and Masonic Crosswalk: Different Signal Phases for Cyclists and Pedestrians

Operation of bicycle and pedestrian signals at Fell & Masonic, site of a collision on Feb. 13

Video: San Francisco Bicycle Coalition YouTube .

An observation by the SFPD officer who interviewed witnesses at the scene of a bicyclist/motorist collision at Fell and Masonic February 13th suggests a review is needed of how the California Vehicle Code (CVC) relates to the crosswalk signal operations at this site.

According to witnesses interviewed by BIKE NOPA the day following the incident, the cyclist was clearly in the crosswalk with a green light and had the right-of-way. One noted that the pedestrian countdown signal was at "6" (it runs from 15 to 1).

The SFPD officer also obtained this information from the witnesses. However, he suggested to BIKE NOPA that the cyclist might share some responsibility or fault if she had entered the crosswalk during the countdown. He explained that the countdown is meant as a guide and warning to those already in the crosswalk. This interpretation of the CVC is accurate for pedestrians but apparently not for bicyclists who have their own crosswalk signal.

Pedestrians receive a walk signal for crossing that holds for about three seconds before it begins the countdown from 15 to 1. Then the signal displays an orange hand. The bike light, however, has a different sequence. It turns green at the same time as the pedestrian signal, and remains green through the pedestrian's warning countdown. The bike light turns yellow for three seconds before turning red at the same time as the pedestrian light.

Why does this different sequence for bicyclists and pedestrians matter? The California Vehicle Code (CVC) states that pedestrians should not enter the crosswalk after the warning flash and/or the countdown has begun. However, for bicyclists the CVC states: "an operator of a bicycle facing a steady yellow bicycle signal is, by that signal, warned that the related green movement is ending or that a red indication will be shown immediately thereafter." (CVC, 21456.3 (b). The code does not prohibit the cyclist from being in the crosswalk during the warning phase.

In the case of the injury collision the night of February 13th, if the bicyclist was in the crosswalk during the pedestrian countdown, as witnesses stated, she had a full green bike light and, thus, legal right-0f-way when she collided with the taxi van and sustained injuries to her shoulder.

The crosswalk linking the Panhandle Path is unique in the city. Bicyclists have the legal right to ride, not walk, through the crosswalk according to a new state law reported previously here. The crosswalk is also unusual since it has the two different signals, one for pedestrians and one for bicyclists.

Bicyclists should take caution at this intersection where illegal left-hand turns by motorists occur frequently. Cyclists only get approximately three seconds of a yellow warning bike light before the red appears. At the same time, SFPD should be clear that cyclists retain the right-of-way throughout the green bike light sequence even while the pedestrian light shifts into a warning countdown.

Pedestrian Stings Target NOPA's "Dangerous Intersections"

Crossing Masonic at Fell while biking the Panhandle Path

FIX MASONIC has urged safer traffic management on the avenue

SFPD Park Station will increase “pedestrian stings” at North Panhandle intersections as part of a joint operation with Northern Station to crackdown on motorists who fail to yield to pedestrians using crosswalks. The operation follows a crackdown begun last year at select NOPA intersections.

“We focused on Fell and Masonic and also Fell at the DMV (Baker Street),” Captain Teresa Barrett of Park Station told BIKE NOPA. “These streets were ‘complaint-driven,’” she explained, referring to the high number of reports from the public about the risks they encountered at these locations. “They’re dangerous intersections.” Barrett said. In particular, the Fell and Masonic intersection is one of the city’s worst for crashes, injuries, and fatalities.

“The first couple months after the new bicycle signal was installed at Fell and Masonic the situation was disastrous,” Barrett recalled about the problems at the intersection in 2009. At that location, motorists, bicyclists, and pedestrians had to get accustomed to the signal that gave a red light to motorists ready to turn left on Masonic from Fell so pedestrians and cyclists could use the crosswalk safely. Barrett said the station also set up stings at Parnassus at Stanyan and at Kezar Drive near Park Station.

Captain Barrett reported that this year her station and Northern Station are expanding the pedestrian stings by working together and sending teams of motorcycle officers to problem intersections. The effort by the two west-side stations is similar to sting operations undertaken by Captain David Lazar of Ingleside Station last summer. Lazar explained his reason for starting the program to Streetsblog at that time. “Our traffic collisions have been low and our pedestrian fatalities have been low and I want to keep it that way. We want to make sure it’s not acceptable for people to just blow through intersections.” In one day Ingleside plainclothes officers walked into crosswalks and monitored drivers who failed to yield to them. Officers issued 123 citations and arrested 10 motorists for misdemeanors, according to SFWeekly.com.

The Park Station sting operation continues in the midst of heightened concern about safety on the city’s streets. Yesterday a driver of a city water department truck struck and killed a pedestrian using a crosswalk on Ocean Avenue near Miramar Avenue in the Ingleside neighborhood. Streetsblog reported the story last night. At almost the same time in the afternoon, a Muni bus driver struck and seriously injured another woman crossing San Bruno Avenue in the Portola district, according to SFAppeal. Earlier this week BIKE NOPA reported the San Francisco District Attorney’s decision to not seek criminal charges against the driver who struck and killed Melissa Dennison on Fell Street last September. In that case the DA’s office found “fault was split, fault was joint.” The information released by SFPD and the DA’s office raised questions about the decision and the lack of consequences for the driver.

Related post here on DA decision regarding pedestrian fatality at Fell and Broderick Streets.

No Criminal Charges in Fell Street Pedestrian Fatality, Yet DA's Office Finds "Fault was Split, Fault was Joint"

• 
  See related post here about SFPD pedestrian stings at dangerous NOPA intersections.
  
  

Memorial to Melissa Hope Dennison on Fell Street

The San Francisco District Attorney’s office will not file criminal charges against the motorist who struck and killed Melissa Hope Dennison while she was crossing Fell Street last September. Assistant District Attorney (ADA) Brian Buckelew told BIKE NOPA in an interview last Friday that the DA’s office determined that “a criminal case could not be proven beyond reasonable doubt.” However, Buckelew added, “There was fault split between the driver and the pedestrian; the fault was joint.”

Melissa Dennison, 24, of San Francisco was a recent San Francisco State University graduate, according to friends who spoke with the San Francisco Examiner (Sept. 16. 2009) after she was killed on the morning of September 15^th. She died at the scene. The driver of the vehicle that struck her is a 19 year-old man who was driving his Honda Civic to work from his home on the Peninsula. His mother accompanied him.

Dennison’s death occurred at a time when North Panhandle and Alamo Square residents were renewing their efforts to persuade the city to slow the frequently speeding traffic on Fell Street. The Fell and Broderick intersection is also just a block away from the still-standing freeway-style SFgo sign that neighbors objected to as a potential visual cue to motorists to increase their speed on the residential corridor. As reported in Streetsblog, bicycle and pedestrian advocates are now urging the State of California to enact “vulnerable road user” legislation that will increase penalties when a motorist carelessly or inattentively drives and injures or kills a pedestrian or cyclist.

“Not a Hit and Run Case”

“This was a really tragic accident,” ADA Buckelew said. He prefaced his remarks by noting “it’s my understanding” and then explained that this was not a hit and run case. “The driver drove around the block and perhaps panicked, but then he returned.” The driver’s passenger, his mother, explained the delay in returning to the scene to an officer in a statement given after she and her son were taken to SFPD Park Station for questioning. The officer wrote in the SFPD Incident Report, “As they got to the intersection of Broderick they believed they hit a person after the window caved in. She repeatedly asked to him to go back to the scene while they made several trips around the block.”

Motorist’s Speed a Factor

Buckelew said the motorist was travelling at a speed that was “less than originally thought,” referring to media reports on the day of the crash that Dennison had been struck with considerable force by the motorist. (The Incident Report concludes that the “force of impact caused Party #2 (pedestrian) to be propelled into the air with upper part of body contacted the right front windshield and hood of vehicle #1 (the driver).” But the ADA later stated, “I believe in the report speed was a contributing factor” that prompted the decision that the “fault was split” between the motorist and Dennison.

The driver, in his statement to SFPD, estimated his speed as 35 to 40 mph, and he noted that, as he approached the intersection, “the light had just turned green.” The speed limit on that section of Fell Street is 30 mph. An SFPD officer who arrived at the scene soon after the crash noted in the incident report that “it was still dark with overhead luminated lighting.”

Against the Light but in the Crosswalk?

Buckelew said Dennison “seemed to dash” into the street although the light was green for westbound Fell Street traffic. Although the ADA first stated that Dennison “was not in the crosswalk,” he later qualified that assessment by noting that the driver of the vehicle that hit her was the only witness to state Dennison was outside the crosswalk. “The driver put her just outside the crosswalk; she was close to the crosswalk,” Buckelew concluded.

However, the driver’s statement included in the Incident Report appears to contradict that conclusion. “Prior to the intersection of Broderick Street, he (the driver) observed the light had just turned green and a SUV stopped in front of him at the intersection. To avoid from making contact, he turns into lane 3 (the far right lane). He does not see the pedestrian in the crosswalk and hits the pedestrian and keeps going.” The SFPD officer who wrote the narrative for the report also refers to “Party #2 (pedestrian) walking northbound in the crosswalk.” In addition, the incident diagram included in the report, shows the driver had entered the west-side crosswalk and that Dennison was in the crosswalk travelling toward the north side of Fell. The diagram does not show a specific point of contact. It should be noted that the investigation of the crash continued after the initial accident report was filed. The driver of the SUV did not remain at the scene or give a statement to the police.

Factual Diagram, SFPD Incident Report, Collision at Fell & Broderick Streets

SFPD representatives did not indicate whether a re-enactment of the collision had been staged as part of the investigation. But, in a few brief moments, the driver noted that the light had “just turned green,” he entered the intersection at 35-40 mph, and the pedestrian had already reached the far right lane, more than 2/3 of the way across the width of the street. Had Dennison started crossing the street, in or very close to the crosswalk, at the very end of her right-of-way light?

The right-of-way (determined by the traffic signal and pedestrian crossing light) is more important for determining fault than whether the pedestrian was in the crosswalk. Manish Champsee, president of WalkSF, has emphasized that California state law states that an intersection need not be marked to be considered a crosswalk. And, as SFPD Lt. Lynn Tomioka told Streetsblog on the day of the collision, “Whether she was in the crosswalk or not, the driver needs to proceed with caution.”

“Very, Very High Blood Alcohol Content”

Laboratory tests undertaken after Melissa Dennison’s death found that she had “very, very high blood alcohol content,” according to Buckelew. The ADA did not indicate any similar findings for the driver.

“A Delay in Evaluation”

Melissa Dennison was killed on September 15^th. Captain Teresa Barrett of SFPD Park Station explained that “when there’s a hit-and-run case, it goes from the station to downtown.” The initial statements from witnesses were taken at Park Station, but the investigation was conducted primarily by the Hit-and-Run unit. Inspector Laurie Caddigan of the unit explained that investigations of cases such as this can sometimes continue for several months and include an autopsy and full medical report. For this case, Caddigan told BIKE NOPA on December 8^th of last year that the department’s legal division “was going to make some reports,” but her unit’s investigation was completed.

Brian Buckelew told BIKE NOPA that “there was a delay in evaluation” in this case, and he indicated that the responsibility of both parties (“fault was split, fault was joint”) was the cause of extensive examination and consideration within the District Attorney’s office.

Conclusion

Two parties – a motorist and a pedestrian – crashed in a tragic incident on Fell Street. The actions of both are judged at fault, to unstated degrees. The pedestrian died. The motorist may have suffered emotional distress from the collision, but he will not be penalized or fined and his license will not be suspended. At least not in criminal court proceedings. Even his name has not been revealed. Perhaps this sad and unfortunate event on NOPA streets will spur the discussion of new legislation for "vulnerable road users" as a means of authorizing consequences for a motorist when a degree of fault is determined.**

For several weeks following the death of Melissa Dennison, friends maintained a memorial at Fell and Broderick streets.

* Contact Information:

• Public Affairs, District Attorney’s Office: (415) 553-1751
• Public Affairs, SFPD: (415) 553-1651; SFPD District Stations info here
• Record Room (to request a SFPD Incident Report, once the case is closed: (415) 553-1386

** For a review of vulnerable road user legislation, see this article at the site of the Virginia Bicycling Federation.