A Better Masonic: SFPD Targets Speeding Motorists on Masonic Beginning Today

SFPD will step-up enforcement of the 25 mph speed limit on the Masonic corridor beginning today. Captain Teresa Barrett told BIKE NOPA that Park Station officers will ticket speeding drivers during morning and evening commutes and the off-peak hours when motorists tend to exceed the speed limit more frequently. "We'll stagger the monitoring," Barrett said, "between different times of day and night from Fell to Turk especially."

SFPD's increased surveillance comes in the context of the recent hit-and-run fatality on Masonic and the city's plans for traffic calming on the corridor. Barrett referred to the tragic collision August 13th on Masonic at Turk that left 22-year-old Yannick Linke dead after a driver struck and killed him while he was bicycling. "It was a terrible incident," she said. Barrett added that she has viewed several collisions on Masonic herself. When she first took command of Park Station two years ago, Barrett wrote a letter to city officials directing their attention to the traffic hazards on Masonic.

When asked about the role of enforcement in reducing speeding, Barrett described it as just one part of the solution for safer streets. She also believes that radar trailers -- roadside digital displays that alert drivers to the speed they're travelling -- can be effective tools to educate motorists who exceed the speed limit. The grassroots group Fix Masonic, the North Panhandle Neighborhood Association, the San Francisco Bicycle Coalition, Supervisor Ross Mirkarimi, and Masonic residents have increased calls for measures to reduce speeding on the street since Yannick Linke's death three weeks earlier.

Barrett countered often-heard suggestions that enforcement alone is all that is needed to make Masonic safer. "We have so many other thoroughfares in this district that need watching," she said, "that we could never provide constant surveillance of Masonic." Traffic engineers refer to the "three E's" for traffic calming: Enforcement, Education, and Engineering. With its increased monitoring of speeding and willingness to employ speed displays, Park Station is doing its part to cover two of the three. (With the city's fiscal crisis, however, SFPD will need public support to maintain its focus on Masonic traffic safety and not be diverted too frequently to other problem areas).

The community planning and design process recently undertaken by the Municipal Transportation Agency (MTA) and other city departments* reflects an intent to implement the final E, for Engineering, on Masonic. Neighbors have attended two meetings to date to help determine traffic calming measures that will reduce speeding and increase safety for all road users. A third and final meeting is scheduled for September 30th to select a package of changes to the corridor that may include removal of the tow-away zone during commute hours and using that "extra lane" to install a separated bike lane, a landscaped median, bus bulb-outs at intersections, parking removal, and other options. The intent of such a safety makeover is to transform the street so it functions less like a neighborhood freeway and more like a neighborhood thoroughfare that keeps traffic moving smoothly without endangering lives in the process.

* The Department of Public Works and the Planning Department are collaborating with the SFMTA on the Masonic project. During the last few years, the MTA implemented several safety improvements to the Masonic corridor including lowering the speed limit from 30 to 25 mph, adding yellow-laddered crosswalks at school crossings, changing signal timing at a few intersections, and removing a double turn lane at Oak Street, and installing a bicyclist and pedestrian signal light at Fell Street.

Masonic Avenue Traffic Calming Project

Meeting #3

Thursday, September 30th

6:30 to 8:30 pm

San Francisco Day School

350 Masonic at Golden Gate Avenue

(enter on Golden Gate side of building)

For more information: javad.mirabdal@sfmta.com
(415) 702-4421

For previous articles in the A Better Masonic series, check here.

B2B at 100: NOPA Residents Upset with Mayhem, Register Alarm at NOPNA meeting and Cite the Problems in Survey

Editor's Note: This post is part of a series about neighborhood efforts to reclaim Bay to Breakers as a foot race and party that San Franciscans can support and celebrate for all the edgy, quirky, and fabulous things it has represented for most of its 99 year history.

B2B at 100: News with Commentary

For a great many residents in the North Panhandle, especially those who live near Fell Street, Bay to Breakers is no longer a whimsical, outrageous, and fun annual event. For the last four years the party following the foot race has attracted crowds of unruly, drunken revelers. They disrupt the neighborhood, threaten residents, and disrespect property. Their numbers are too great for the limited event management mounted each year. NOPA neighbors -- along with many residents in Alamo Square, the Divisadero Corridor, Hayes Valley, and the Lower Haight -- feel the city has essentially acquiesced to the sorry state of affairs that resembles mayhem to those who lived with it up close. All these sentiments and charges poured out during a NOPA community meeting and with comments registered in an online opinion survey.

At the May 20th meeting of the North Panhandle Neighborhood Association (NOPNA), more than 50 concerned and angry neighbors listened to B2B organizers claim that "the event won't survive" without more community support. "The race portion is fabulous," the organizers said. "For us the race is over in two hours, but the second half keeps getting worse." They blamed rowdy party-goers, "They abuse the privilege of the event." They said ING, the insurance giant who served as B2B's primary sponsor, paid out more than $300,000 to city departments for traffic and crowd control, services, and clean-up. Even with that outlay this year's race devolved into the most disruptive and damaging of any in the last several years. Everyone at the meeting appeared to agree.

Community members complained that they had to deal with an out-of-control crowd treating the neighborhood as one big drunken party with excessive drinking the norm. One Broderick Street resident said he had to construct a barrier in front of his garage and home to deter the crowds from urinating and defecating on his property. This year he left the city during B2B to avoid likely confrontations with trouble-makers. Another resident on the same block said she was afraid to leave her home as crowds became even more rowdy. Neighbors charged that there was little "active policing" by SFPD officers in the area. "They stood there and watched, but they didn't do anything with all the mayhem in front of them," one resident said. Another claimed people who lived on the nearby blocks had to endure the brunt of the bad behavior while one corner store close to the Panhandle reaped the benefits with customers buying more than 35o cases of beer. The difficulties were not confined to Fell Street or even to Hayes; a few neighbors said they dealt with harassment along Fulton Street three blocks away. One neighbor said he was considering taking legal action against the city over the havoc from the party. No one at the NOPNA meeting objected to the race itself, the occasional nudity -- "I've seen naked people before," one older woman commented -- the floats, people gathering on their blocks in itself, or drinking alcohol in moderation.

NOPNA also sought feedback about B2B experiences from residents in an online survey; 59 neighbors responded. The survey collected the opinions of a self-selected sample, and neither the survey nor the meeting represented all neighbors. And indeed seven individuals expressed satisfaction with the day and were happy to have the B2B course through the neighborhood. One respondent said "it was the price to pay for living in such a great city." Another thought the race was "too clean" and "too sanitized" and that there should be fewer regulations. All the others reported dismay or outrage over the behavior on the streets after the racers passed through. The public urination and defecation was a flashpoint for residents' anger, but several also mentioned the combativeness and sense of entitlement among the party crowd. More than a few wrote about having to spend the day fending off drunken men and women from their porches and property. One concluded, "Generally felt like the aftermath of a battle. Overall appalling."

"The event has become something that threatens the health and safety of the neighborhood and its residents," Jarie Bolander, NOPNA president, explained at the start of the May 20 meeting. "It's been going on for four years, and it keeps getting worse." He later told BIKE NOPA that he feels a responsibility to address the problem. "I live with these people, and I'm concerned with their safety. How happy would people in the Marina be if this party happened on their blocks?"

Bolander is working with other neighborhood associations representing Alamo Square, Hayes Valley, the Haight, and Divisadero merchants to present a call to action to the city. They will demand the city develop far more extensive plans for crowd control, alcohol abatement, clean-up, and taking public health hazards seriously. (See today's accompanying article on BIKE NOPA with Bolander as a guest contributor).

San Franciscans who live several blocks away from the B2B party scene might shrug off the difficulties as the nature of big celebrations in a tolerant city. Many will suggest the solution lies simply in renting more porta-potties and stepping up police enforcement. They might support some restrictions on alcohol consumption. For them the once-a-year event will likely fade into this year's contribution to civic lore. But their recommendations fall short when tens of thousands of inebriated people too drunk to bother with civil behavior or porta-potties disrupt neighborhoods.

Bay to Breakers may fade altogether, just before reaching its centennial celebration. Unless the Mayor and Board of Supervisors, the SFPD, and department heads join with concerned citizens to reclaim the city's iconic event and make the tough decisions about regulating the party and outlawing the excessive drinking. Without such comprehensive planning and restrictions, Bay to Breakers seems likely to hit the wall after 99 years.

Bicyclist/Motorist Crash Sunday at Fulton and Arguello Streets

A bicyclist and motorist crashed Sunday afternoon at Arguello and Fulton Streets, according to a cyclist who stopped at the scene shortly after the collision. The cyclist, believed to be a man, was already in an ambulance when Matthew Brill arrived at the intersection. There were two police cars and a fire truck also at the site. The cyclist's bike was placed on the fire truck. Brill relayed to BIKE NOPA what else he observed and heard in an email this afternoon.

"The accident was around 2:45 PM. There were two cars involved, but only one appeared to have hit the cyclist, based upon conversation I overheard of the two involved motorists. The vehicle was a small to medium-sized sport utility. I did not see much visual damage on the vehicle."

Although Brill did not see the collision, he suspects -- based on the placement of the vehicles -- that the motorist who hit the cyclist was driving south on Arguello and turning left on Fulton. Brill notes that motorists likely do not expect any "vehicles" to be exiting Golden Gate Park onto Arguello since the barriers were up and blocking vehicle access during the Sunday closure of the park to traffic. He also notes that cyclists often fly through the intersection, coming out of the park, when they have the green light and the right-of-way to proceed north on Arguello. "I am thinking this intersection might need some signage to alert motorists of oncoming traffic, especially on Sunday Street closure days," Brill added.

BIKE NOPA is seeking more information about the collision and the condition of the cyclist from SFPD and will provide an update as soon as possible.

11 pm update: The cyclist was released from the hospital "banged up but alive" in his words.

"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."

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.

2010 to be Good Year for Masonic Avenue: Traffic Calming, More Enforcement for Safe Driving

Southbound on Masonic Avenue at Fell Street

A collaboration to succeed? SFMTA, DPW, SFPD, SFBC, and Fix Masonic Renew Campaign

New initiatives this year promise to jump-start efforts to bring traffic calming and safer street use to Masonic Avenue. After nearly a year-long delay, the San Francisco Municipal Transportation Agency (SFMTA) is about to implement comprehensive outreach to nearby residents and other interested parties in a redesign of Masonic from Fell to Geary Streets. In addition, the San Francisco Bicycle Coalition (SFBC) has received a grant to help prepare for that community process. As reported earlier, SFPD Park Station for its part has stepped up enforcement to provide pedestrians and bicyclists with safer crosswalks, especially at Fell and Masonic Streets.

The SFMTA received a $120,000 grant from the SF County Transportation Authority last February for a "Masonic Avenue Traffic Calming Project." Although the project identified three specific goals -- to increase speed of Muni's 43 Masonic bus, improve safety conditions for pedestrians and bicyclists, and reduce collisions -- the undertaking was intended to include significant outreach to community members to discuss possible changes. "We want to take a comprehensive approach to Masonic with input from all stakeholders," Judson True, SFMTA spokesperson, told the Examiner at the time. The project was supposed to begin last April, but the operation was placed on hold due to staff changes, implementation of the Bicycle Plan once the bike injunction was partly lifted, and, perhaps, an overload of other SFMTA projects with inadequate staffing and management. Until now.

This month SFMTA is expected to announce staff to lead the Masonic project and a timeline for its implementation. To help the effort transition from low to high gear, the SFBC received a $15,000 short-term"Pedestrian Safety" grant from the Department of Public Health (DPH). SFBC Project Manager Marc Caswell will coordinate the effort for the SFBC, and the funds will cover a portion of his time along with initial outreach materials. Caswell wrote in an email that he expects his role will "continue laying the groundwork for change before the MTA comes in with their outreach." Caswell will also help recruit a new community leader for the grassroots group FIX Masonic, now that founder Mark Christiansen has relocated and undertaken new pursuits after several years of pivotal leadership.

Yesterday SFPD announced a year-long pedestrian safety program to reduce the number of injuries and deaths on city streets. A police traffic detail will work with a civilian crime prevention unit to to educate road and crosswalk users about safe passage measures and to enforce red light runners and drivers who fail to yield to pedestrians in crosswalks. That program will begin in Chinatown. But SFPD Park Station has already initiated a series of pedestrian stings and citations for motorists who run red lights on Fell Street and make left turns on Masonic against the red turn signal. Captain Teresa Barrett reported that district officers have cited 21 motorists, and one bicyclist, for the traffic infractions at Fell and Masonic over the last two weeks. On Wednesday of this week Barrett met with SFBC's Caswell and SFPD Program Director Andy Thornley to increase their collaboration for safer streets in the district. After the meeting, Caswell confirmed that Capt. Barrett planned to continue the pedestrian stings and red light citations on Masonic and Fell.

University of California Berkeley students have also contributed to the planning for a better Masonic. With the direction of Elizabeth McDonald, PhD, Associate Professor of the Department of City and Regional Planning and Urban Design, students this semester have interviewed dozens of neighbors, community organizers, and city planners about how Masonic affects the daily lives of residents and users of Masonic Avenue. One of McDonald's previous and much-lauded projects was the redesign of Octavia Boulevard in San Francisco.

Later this month on March 18th SFMTA Traffic Engineer Jack Fleck will update neighbors on the agency's plans for the Masonic corridor, and other NOPA area issues, at the North of the Panhandle Neighborhood Association meeting (location info here). In addition to the Traffic Calming Project, other concerns are the much-discussed shield for the bike light at Fell and Masonic (intended to reduce confusion among motorists waiting for a green light when the bike light turns green for the crosswalk) and a timeline for installation of the red light camera on Fell at Masonic.

SFPD Park Station Cites 8 Motorists in Pedestrian Stings at Fell and Masonic, 6 at Stanyan and Parnassus

Green light for cyclists and pedestrians; not for motorists pushing through

Fell & Masonic: an intersection needing "bad rep" for frequent pedestrian stings

How many citations does it take for an intersection to get a bad reputation among motorists prone to invade the right-of-way of pedestrians and bicyclists? SFPD Park Station Captain Teresa Barrett admitted she didn't know the answer, but she is willing to get the count started. Last week a special SFPD Task Force -- plainclothes and motorcycle officers -- set up pedestrian stings at two intersections in the Park Station district and issued fourteen citations for the offense.

The special operation issued citations to eight motorists at Fell and Masonic and another six at Stanyan and Parnassus for the all-too-common occurrence in the city: not yielding to pedestrians, cutting in front of pedestrians, threatening to "push" slow-walking users of the crosswalk on their way. The two intersections are among several that are being targeted for both the failure-to-yield offense and red light running. The previous week Park Station officers issued another 14 citations to motorists running the red on Fell and ignoring the red for the left turn lane onto Masonic. The Task Force is a joint initiative with SFPD Northern Station to respond to mounting complaints about risky intersections. The Fell and Masonic location continues to see frequent hazardous driving.

The Fell and Masonic intersection will likely require far more than periodic stings and a few dozen citations to establish a law-abiding norm -- or simply fear of fines -- among motorists who rush the lights and push into the crosswalks. No one should hesitate to report dangerous incidents to SFPD; thank them for current enforcement while encouraging a regular, sustained focus. NOPA area residents can address Captain Barrett, or her representative, directly at the next NOPNA neighborhood meeting on March 18th.

To report crosswalk incidents or red light running:

call SFPD at (415) 553-0123 (for non-emergencies)

contact SFPD Park Station directly at (415) 242-3000

North of Panhandle Neighborhood Association (NOPNA)

Next general meeting:

Thursday, March 18th, 7 pm: meet and greet; 7:30 meeting begins and continues until 9 pm

Jannah Restaurant (arrive early for drinks or dinner)

1775 Fulton Street (between Central and Masonic, across from Lucky's)

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.

Taxi Driver Apparently Runs Red Light at Masonic and Fell, Crashes with and Injures Bicyclist

Crossing with the green bike signal at Masonic

Green bike/pedestrian signal at Masonic; countdown at 6

UPDATE, 9:30 pm, Feb. 14th

This evening I spoke with Officer Will Wong of SFPD Park Station about the collision involving a bicyclist and motorist last night. Officer Wong was at the scene, interviewed the parties involved as well as witnesses, and filed the incident report.

Wong stated that "maybe" there was an illegal left turn by the driver of a taxi van onto Masonic Avenue. He said there were two conflicting stories about the collision. "The taxi driver and his passenger said that there was a solid green light on Fell for them to proceed, but then they weren't absolutely sure it was a green for going forward or for turning left," Wong explained. He added that the bicyclist and other witnesses at the scene said there was clearly a green light for proceeding through the crosswalk.

As noted in the earlier post (below), one witness saw, or caught a quick glimpse of, the collision and another individual noted that the crosswalk countdown was underway and was at the number "6" when she saw it immediately after the incident. The bicycle/pedestrian signal for crossing the crosswalk begins with a solid green for about six seconds and the continues with a countdown starting at fifteen.

Wong said that the bicyclist might have had some responsibility if she entered the crosswalk once the countdown had begun.* "If the light starts flashing and the countdown begins, you're responsible. The countdown is meant for people already in the crosswalk." He added that he understood that many people don't interpret the countdown that way and that he usually doesn't cite for entering once the count begins. Wong said he also realized that whatever the countdown status of the crosswalk signal, the taxi driver had a solid red during that time period.

"Now the determination will be up to the investigators," Wong concluded. "My job is to collect the information." He did not expect the witnesses in the case to be contacted further, which, he said, was not unusual in non-fatal collisions. Officer Wong's incident report has been sent to the Traffic Investigation unit of SFPD Central Command.

* California Vehicle Code, 21456 (b). Flashing or steady "DONT WALK" or "WAIT" or approved "Upraised Hand" symbol. No. pedestrian shall start to cross the roadway in the direction of the signal, but any pedestrian who has partially completed crossing shall proceed to a sidewalk or safety zone or otherwise leave the roadway while the "WAIT" or "DONT WALK" or approved "Upraised Hand" symbol is showing.

NOTE: Bicyclists have the right to bike, not walk, across Masonic Avenue using the crosswalk since it is an extension of the bike path, as noted in this previous post.

ALSO, the bicycle light at Fell and Masonic follows this progression: solid green, yellow for 3 seconds, and then red. The bike light stays green until the pedestrian countdown light reaches "0" in its countdown from 15. If this injured bicyclist was in the crosswalk during the countdown, as one witness stated, she was travelling with a solid green light.

A 25 year old female bicyclist was injured late Saturday night when she collided with a blue taxi van that was making an illegal left hand turn from Fell Street onto Masonic Avenue, according to witnesses. The bicyclist complained of shoulder pain and was taken by ambulance to the hospital. The driver of the van stopped mid-way in the block between Fell and Oak and was questioned by the police. Several bicyclists travelling the busy mixed-use Panhandle Path and a motorist and passenger stopped to help the injured woman. Three SFPD squad cars, two SFFD fire engines, and an ambulance appeared at the scene as well.

This morning the front desk officer at SFPD Park Station confirmed that an accident report had been completed, but he was unable to provide details of the ten page account because he "was busy with several other matters." He suggested the officer who filed the report might be available to discuss the case later today. He confirmed, however, that the motorist had not been cited, as of yet. He added, "We can do it (cite at the scene) but we usually don't do it." In several other collisions, SFPD has not cited involved parties pending conclusion of an investigation. Last week BIKE NOPA reported the details of a just-released accident report about a pedestrian fatality that occurred September 15th of 2009.

NOPA resident Mariana Parreiras and a friend, who was driving, approached the intersection last night at the time of the crash. "We were travelling northbound on Masonic and stopped at Fell at the signal; we were at the front of the queue and right at the crosswalk," Parreiras recalled. "My friend suddenly yelled and jumped out of the car to help the cyclist." Although she did not witness the collision, Parreiras said she immediately got out of the car and looked at the pedestrian signal countdown because she was concerned that she and her friend might get hit in traffic. "The countdown was at "6," she stated. Parreiras is a member of the neighborhood advocacy group FIX MASONIC and is quite familiar with the intersection and the pedestrian/bicyclist signal. "The light turns green for several seconds and then it begins the countdown; clearly the bicyclist had the right-of-way in the intersection." (Note: the bike/pedestrian light is green for about six seconds and then begins a countdown from fifteen). Parreiras rushed to check on the cyclist who had walked from the middle of the crosswalk and sat down on the sidewalk on the east side.

Parreiras' friend,Tom, was driving the car and spoke to BIKE NOPA, but requested that his surname not be included with his account. Tom said he and Parreiras were in the far left lane travelling north and stopped at Masonic for the red light. "Out of the corner of my eye I saw a bicyclist coming (from the west) through the intersection. It happened very quickly... I'm not sure if I saw or heard the collision first. I heard some crunching and realized the cyclist had been hit," Tom stated. "I shifted into park and turned on the blinker. I saw that others were with the cyclist and I got out to get the bicycle out of the way before something further happened." A few minutes later Tom returned to his car and moved it around the corner. He told a police officer what he saw and provided his contact information. He concluded, "It seemed as though the facts were fairly straightforward about what happened." By 5 p.m. this afternoon, he had not been contacted further by SFPD.

The Fell and Masonic intersection is considered one of the most dangerous intersections in the city, with multiple collisions between motorists and bicyclists or pedestrians. The mixed-use path coursing through Panhandle Park crosses Masonic, and hundreds of bicyclists use the east-west route every day. The high risks at the intersection persuaded the Superior Court to allow an exception to the bike injunction, and the city installed a bicycle/pedestrian light. Motorists traveling westbound on Fell and wanting to turn left at Masonic get a red light when the cyclists and walkers are crossing. Although the number of motorists running the red left-turn signal has dropped as motorists become more accustomed to the added signal, users of the Panhandle Path observe illegal turns regularly. Motorists have remarked that the left turn signal on Fell at Masonic is confusing. Whether the collision last night resulted from one more case of reckless red-light running or confusion about the turn signal is not known

This post was updated with new information at 5 pm, February 14th.

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.

SFPD Lt. Lyn Tomioka on her "Non-Criminal Incident" Description of Monday's Serious Pedestrian Injury Near City Hall

Note: This post first appeared on Dec. 22, the day after the pedestrian injury occurred. The following account is a revised version re-posted for those who might have missed it during the holiday rush.

On December 21st the local media reported that SFPD Spokesperson Lt. Lyn Tomioka described a collision near City Hall in which a driver struck and seriously injured a pedestrian as "not a criminal incident." The account in Streetsblog noted that Tomioka made the comment although "the exact location of the crash and the direction of the vehicle and pedestrian were not yet available." To many pedestrians, bicyclists and their advocates, SFPD officers sometimes seem too quick to conclude that motorists are not at fault when events like Monday's collision occur. And on occasion the comments by SFPD representatives appear to justify these beliefs.* The next day Tomioka explained what her characterization does and does not mean.

"When I said this was a non-criminal incident, I meant that the driver did not run a red light and did not leave the scene," Tomioka said. "It was not a hit-and-run and there appeared to be no drugs or alcohol involved." In such situations, SFPD can request voluntary blood draws of drivers to determine alcohol and drug use, according to Tomioka. While she said this particular driver "cooperated with all our requests," she did not specify whether a blood draw occurred.

She added that the description "non-criminal incident" does not necessarily mean that it was no one's fault. However, she indicated that SFPD officers spoke with witnesses Monday who stated that the driver was not at fault. Tomioka was not present when the collision occurred and she did not go to the scene. She emphasized that an investigation of all the factors involved will be undertaken.

"We don't know if the woman (the 54 year old pedestrian) stepped out into the street in the middle of the block" or otherwise endangered herself, Tomioka explained. "But it was a very serious injury that resulted."

Tomioko also spoke of the effect such collisions can have on motorists. "It is also horrible to be the driver who hits an individual under circumstances over which they have no control. In some cases, the one who caused the injury may not be the person at fault."

Tomioka countered the perception that SFPD lacks objectivity when it comes to incidents involving non-motorists. "People often think in a city like San Francisco that the police are biased against pedestrians and bicyclists, but I don't think that is accurate. There may be a few officers who say things they should not in these cases, but I think the general philosophy is there are two parties in an incident and unless we witness the collision we do not assume which one might be at fault. We don't want to say a person jaywalked and was hit and at the same time we don't want to point a finger at the driver."

We asked Tomioka about the common use of the term "accident" for occasions when motorists may not break the law (e.g. run red lights) but drive carelessly and hit, injure, or kill pedestrians and bicyclists as a result. "I think the more appropriate term in California is collision," she replied. "However, when you have someone at the scene who is very upset, you might use the word accident while trying to comfort that person as 'it was an accident, no one intentionally did this.'" She added, "I don't know the appropriate word always, but I don't think people are malicious when they suggest an incident or collision was an accident."

* On two recent occasions SFPD officers appeared to exhibit a rush to judgment (or at least an inappropriate comment) and bias; the first was reported here in BIKE NOPA; the second here by Streetsblog editor Bryan Goebel.