http://bedfordandbowery.com/2016/10/what-happens-when-a-driver-hits-your-bike-and-ghosts/ :x
What Happens When a Driver Hits Your Bike and Ghosts
October 19, 2016 By Daniel Hoffman
It’s like I’m on the set of a police series. Is it CSI or SVU? I’ve never been good with acronyms. Two cops escort me while an attendant pushes my squeaking wheelchair through the gloomy hallways of Wyckoff Medical Center’s ER. A drunkard soliloquizes in Polish, a crumpled woman has a coughing fit, and a patient in pajamas stares into space and smiles.
Officer Backer taps the screen of his tablet each time I give him an answer. Problem is I don’t remember much. I can only describe stroboscopic flashes of the accident: The violence of the car striking my bike and crumpling the rear wheel.
My howl as I was thrown from the seat, onto the ground. A revving engine as the driver sped up while I writhed in pain. My sadness as I lay on that lonely road, with a bleeding knee and an acute sense of mortality.
But the cop’s questions are way more down to earth: “What was the color of the vehicle? What brand? What type? Did you see the driver?”
“No, Officer, I did not.” I was too busy making sure I was still alive.
I had been on a routine evening ride, biking back to Ridgewood after a dinner with friends. I had passed the East Village, crossed the Williamsburg Bridge, hurtled down Grand Street, and reached Metropolitan Avenue, a perilous portion of the ride with no separate bike lane. This is where I always stick to the far right side of the road and slow down to make sure fast drivers have time to notice my flashing taillight.
They usually do. But just when I was about to turn on Woodward, a brutal impact tore my bike apart from the back. Next thing I knew, I was shivering near the sidewalk, surrounded by three guys who stopped to help me. A fireman showed up, checked the back of my neck and asked if I felt dizzy. Fortunately, I was wearing a helmet and my head didn’t hit the ground. But I couldn’t stand up. A few minutes later, I was transferred to a gurney in an ambulance where a paramedic took my pulse, and tightened a tensiometer like crazy until I was about to faint.
Maybe I shouldn’t expect sympathy. Maybe I should just embrace the banality of my accident and be relieved I survived in one piece. But the indifference of everyone from the ambulance drivers to these two officers makes me feel like a total stranger. A non-resident French alien, my visa says. The word alien sounds appropriate now. A year into living in New York, I’ve never felt so out of place.
I feel like running away, but I have to wait for the doctor’s verdict in a narrow corridor on the hospital’s second floor. I glance at Officer Backer and his colleague and suspect they’ve had enough of me. They seem disappointed, jaded, probably both. I feel like a dunce who has let down his teacher by failing a quiz.
“Your police report will be ready in a few days at your precinct,” says Backer, who gives me the case number.
“Officer, before you go, I’d like to know if there’s any chance you’ll catch the guy who did it,” I ask. The second cop, who had remained silent until then, looks at me and shrugs, “Quite unlikely.”
“But wait, there’s this woman who said she wrote down the license plate number and called 911. Wouldn’t that information help you find him?” I ask.
Backer scrolls up and down his tablet. “Sorry, but I don’t see anything in our records.”
The doctor tells me the X-ray doesn’t show a fracture. Guess it was my “lucky day.” I have no idea what time it is, but I’m ready to leave. My knees shake a little when I get to my feet and I need a cane to keep my balance. But as Elton John would say, I’m still standing. Looking like a true survivor, feeling like a little kid.
But the little kid in me is choking back tears. Can someone really plow into a biker and just drive off and get away with it?
Back at home, a Google search makes me realize the scale of the problem. I’m like the other 4,000 yearly victims of hit-and-runs across the city. In all likelihood, my case will soon be buried and forgotten. According to NYPD statistics, an investigation is opened one time out of ten. And here’s an even more staggering number: of the 48 fatal incidents recorded last year, 28 suspects were apprehended. That leaves some 20 bastards on the loose.
Last month, hundreds of cyclists staged a protest ride to Washington Square Park, in memory of the 17 cyclists who had been killed by hit-and-runs this year. Transportation Alternatives, the advocacy group that organized the action, said that hit-and-run statistics were “moving in the wrong direction” vis a vis the mayor’s Vision Zero initiative to eliminate traffic deaths and serious injuries by 2024.
Reading such things makes me fume at my computer. There’s nothing I can do to have my assailant locked up, and that feeling of powerlessness hurts just as much as the wound on my knees. I understand that the police have tons of cases that are more important than this misadventure. But I can’t fully accept it. What if this guy strikes again? What if his next victim doesn’t pull through?
A few days later, I limp to my precinct to pick up the police report. At the counter, a bespectacled, middle-aged desk worker hands me the document. I timidly ask her whether there has been any “progress” on my case.
“Your case is closed, honey. They’re not gonna open an investigation.”
“And under which circumstances would that happen?”
“Only if you die, honey.”
So much for compassion.
* * *
I got a surprise call a few days ago. Detective Williams from the 104th precinct. He told me that my aggressor, a man, had been identified and arrested, but wouldn’t giving me with any details about him, invoking confidentiality.
So I reached out to a lawyer to find out if I could bring suit. He gave me the same answer as the desk worker from the police station, though in a more polished fashion. Unless I had sustained a “serious injury” (the list includes dismemberment, disfigurement, loss of use of a body organ, and loss of a fetus, among others), I would not stand any chance in court. “Thank God, you don’t have any of these,” he said. I thanked him and hung up.
I had run out of options and just wanted to move on. I guess the fact that the guy got caught brought me some comfort, but a weird aftertaste lingered. I don’t know anything about him, what he looks like, whether he’s been jailed or just fined. He’ll remain a shadow who almost ran me over on a Tuesday night and didn’t care to know if I was all right.
http://gothamist.com/2016/10/19/nyc_hit_run_utopia.php :x
Most Hit & Run Drivers Are Getting Away With Murder In NYC, New Data Shows
by Emma Whitford in News on Oct 19, 2016 9:25 am
In July, less than a week after a hit-and-run driver struck and killed Queens man Matthew von Ohlen in a Williamsburg bike lane, the NYPD's 90th Precinct tweeted that officers had tracked down the black Chevy Camaro allegedly involved. That car identification was the most recent public update on von Ohlen's case. No one has been arrested to date, and no suspects identified. The NYPD has repeatedly refused to say why the driver of the recovered vehicle has not been charged.
The status of von Ohlen's case is typical, according to new statistics from the NYPD. Of 38 fatal hit-and-run crashes between July 2015 and June 2016—the most up-to-date statistics available—13, or 34 percent, have resulted in an arrest. In 22 hit-and-run crashes where the victim was "seriously injured" by the NYPD's estimation, 14 arrests have been made.
Taking all fatal and injurious crashes into account—including those that resulted in what the NYPD classified as non-serious "personal injuries"—the NYPD has made 450 arrests in 5,066 crashes. That's an arrest rate of about 8 percent.
The fiscal year 2016 hit-and-run data was published late this summer in accordance with a new law requiring the NYPD to issue annual reports on the number of hit-and-run complaints received, compared to the number of arrests made.
Mayor de Blasio pledged to catch and punish more hit-and-run drivers during his annual Vision Zero check-in last December, and recently passed legislation doubling hit-and-run fines. But this is the first time the NYPD has been compelled to publicly track its progress on hit-and-run cases, according to the office of City Council Majority Leader Jimmy Van Bramer, who sponsored the legislation.
"New data released under my bill, the Justice for Hit and Run Victims Act, shows that NYPD has failed to make an arrest in more than 90% of cases where a driver has hit a person with their car, then left the scene," Van Bramer said in a statement Tuesday. "That is an outrage. If you hit someone with your car and then drive away, it's a crime and should be treated as such."
For comparison, the arrest rate for murder and non-negligent manslaughter in 2015 was 86 percent—308 arrests out of 335 incidents.
"I'm glad to see that the information is now being published," said attorney Steve Vaccaro, who primarily represents cyclists and pedestrians injured and killed by reckless drivers. "It's as we knew and suspected—that hit and run is the most neglected serious crime going on in New York City today."
Mayoral spokesman Austin Finan stressed that the Collision Investigation Squad focuses its resources on the most serious crashes—where the arrest rates are higher—allocating crashes deemed less serious to precinct detectives.
"Property damage incidents—which comprise nearly 90% of all hit-and-run cases—and non-life-threatening injuries are investigated by detectives," he said. "Putting CIS investigators on those cases would come at the expense of fully investigating hit and runs that seriously injure or take a life. Targeting the most severe cases and the worst offenders is the way to make our streets safer."
Mayor de Blasio debuting Vision Zero in February 2014, with Department of Transportation Commissioner Polly Trottenberg and then-NYPD Commissioner Bill Bratton (Rob Bennett for the Office of Mayor Bill de Blasio).
But Vaccaro said that he's troubled by how the NYPD defines a "serious" injury.
Citing his experience litigating against the NYPD on behalf of hit-and-run victims, he said the non-serious category "may include everything from scrapes and bruises and road rash, all the way up to any serious injury that doesn't involve the person needing life support. You can lose a limb and not need life support."
"If you are killed, if you are catastrophically injured, [NYPD] resources are applied," he added. "I really applaud the fact that the serious injury hit-and-runs have almost a 50 percent arrest rate. It means these cases aren't intractable."
In July, 58-year-old hit-and-run driver Jairam Budhu was arrested and charged with manslaughter, criminally negligent homicide, and assault after he ignored a stop sign in South Ozone Park, killing a woman sitting in her Sedan nearby, and seriously injuring her daughter. "With effort, perpetrators can be arrested," Vaccaro said. "So why is it that there is an 8 percent arrest rate with the less serious injuries?"
The NYPD did not immediately respond to a request for clarity on its methodology for determining what constitutes a "serious injury."
While the NYPD wasn't obligated to release statistics on FY 2015, NYPD Inspector Dennis Fulton testified last December that there were 48 hit-and-run crashes in 2015 that resulted in death or "serious injury," with 28 arrests. Also last year, there were about 4,000 hit-and-runs that resulted in lesser injuries. According to a December 2015 Transportation Alternatives report, fewer than 1 percent of these drivers were charged with a crime (advocates have also blamed the borough District Attorneys for this statistic).
"This year, by Labor Day, we had surpassed the number of hit-and-runs we saw in all of 2015," said Transportation Alternatives spokesman Brian Zumhagen. "The Department needs to expand the CIS significantly with more officers to investigate these crashes."
Vaccaro suggested that the NYPD use the penal code definition of "serious personal injury" to determine which hit-and-run cases get CIS investigations. According to that code, "protracted impairment of health or protracted loss or impairment of the function of any bodily organ" falls into the serious injury category.
One of Vaccaro's past clients, 40-year-old Dulcie Canton, was struck by a hit-and-run driver while riding her bike in Bushwick in August of 2014. "The guy broke my right shoulder," Canton told Gothamist shortly after the crash. "And I had a concussion and a really bad sprained left ankle." Her case never got a thorough investigation, according to Vaccaro.
In von Ohlen's case, a fatality, CIS is investigating. Investigations into fatal hit-and-run crashes can take weeks and even months for myriad reasons. "It's like any crime," Vaccaro said. "Criminals don't make it easy to catch them."
"But," he added, "I don't think that the NYPD should decide that only the need for life support calls for more resources."
Former NYPD Commissioner Bratton told advocates this spring that that while the NYPD's Collision Investigation Squad (CIS) is faced with more traffic incidents than it could possibly investigate, additional CIS officers were not part of his 2016 budget plans. "We will not be increasing significantly the number of [CIS] investigators," he said. "What we have expanded is [their] responsibility." Indeed, until two years ago, CIS only had the jurisdiction to investigate crashes that resulted in death.