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Date:         Mon, 22 Mar 1999 17:02:10 -0800
Reply-To: Sierra Club Forum on Transportation Issues
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From: John Holtzclaw <[log in to unmask]>
Subject:      Important Study of Pedestrian Deaths in NYC (long)
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This message sent to pednet by Marie Birnbaum <[log in to unmask]>.

"Right Of Way," a New York City organization asserting the rights of
pedestrians and bicyclists to travel without endangerment from motor
vehicles has released "Killed by Automobile:  Death in the Streets in
New York City 1994-1997."

The report was written by Charles Komanoff and members of Right of Way.
The 60 page, data-rich report is available for $5 plus $2.50 for postage
and handling.  Checks should be made payable to Right Of Way and sent to
Right Of Way at 305 Broadway, Room 402, New York, NY 10007.

Right Of Way obtained accident reports for 947 pedestrian and bicyclist
fatalities in the four year period 1994-1997.  This comprised 93 percent
of the 1,020 such fatalities in the period.  Pedestrian/bicyclist
fatalities accounted for 56 percent of NYC traffic deaths in the period.

Over a one year period, the organization studied the reports, coding
them and analyzing them in a detailed fashion.  There were significant
problems with the reports.  Two hundred reports were incomplete,
contradictory, illegible in important respects.

The report tells who is dying and who and what is doing the killing--
As the report points out, this is work that should be done by government
agencies responsible for driver licensing and public safety and
transportation.  What emerges from the report is "an indictment of the
police, transport, driver-licensing and criminal justice authorities for
failing in their duty to make the streets safely available to all."

Right Of Way found that the police issued moving violations in only 154
pedestrian/cyclist fatalities (16 percent of cases studied) during the
period 1994-1997.  "Only seven drivers who killed were ticketed for
violations that specifically endanger pedestrians and cyclists, such
as violating right-of-way in a crosswalk, unsafe backing, unsafe opening
of a car door, and driving on a sidewalk."  Despite the small number of
violations, Right Of Way found a high degree of driver culpability by
carefully studying the accident reports and coding them for driver
culpability.

Right Of Way considered (and coded) the driver as "fully culpable" where
the pedestrian/cyclist had the right of way and in cases where the
driver was going the wrong way, backing up, hit and run, motorist
unlicensed, DWI, and other cases.  Right Of Way coded as "partially
culpable" categories in which the driver had the legal right of way, but
failed to exercise due care.  The partially culpable category includes
motorist struck pedestrian away from intersection on non-signalized
local street (intended for shared use rather than as auto thoroughfare);
motorist struck pedestrian in area of high pedestrian traffic (driver
should have been aware of the presence of non-motorized traffic);
motorist inattention, and others.

Looking at driver age and gender, the report indicates that "death by
automobile in New York City, is largely a matter of one group of
people--  young men--  killing two other groups, older men and women of
all ages."

Drunken driving was known to be present in "only 4 percent of pedestrian
and bicyclist fatalities," making alcohol use by NYC drivers relatively
unimportant compared to sober, dangerous driving.

Accident reports seem to reflect what the victim did to invite his
death, rather than what the driver of the motor vehicle did that
resulted in the death.  Here is an example--  Dante, a six year old,
"ran out from (between) double-parked autos, causing operator of vehicle
to strike him."  The driver acknowledged traveling at 65 mph.
Officially, according to the report, Dante Curry was jaywalking.  But
"by any sane standard, the responsibility for Dante's death lies with
the speeding driver, not with the jaywalking child."  Right Of Way
emphasizes the burden of care that should rest with the operator of a
motor vehicle.

Following are excerpts from a sidebar by Michael Smith on police
accident reports:

"The first-order unreliable narrator, the driver, is pretty much what
might be expected, remarkable only for his flawed sense of probability:
 we are told over and over, that a 70 or 80 year old New Yorker has
darted from concealment and hurled himself beneath a car."

"More surprising, and disturbing, is how frequently the second order
narrator, the police officer, is an accomplice to these fabrications.  A
pedestrian is flung 60 feet after impact, but there is no reason to
suspect excessive speed.  A driver is making a left turn when a
pedestrian walks into her vehicle."

"More routine, but no less depressing, are the reports where there is no
such whopper, but every grudging, minimal entry bespeaks an indifferent
functionary wearily going through the motions, utterly unconcerned to
find out what really happened.  Indeed, far too often, the paperwork
isn't even done conscientiously:  a witness is mentioned, but witness
statement is present; citations are mentioned, but no violation codes
are given."

"Coding the reports was hard work, but above and beyond the strain on
hand and eye, this effort took a certain toll on the spirit.  Reading
what happens to people is bad enough; realizing how little anyone cares
compounds the pain."

"Killed by Automobile" provides a good starting point for challenging
the current culture.  Right Of Way describes this culture as "one of
privilege for motor vehicles that is embedded in law, policing practice,
education, media and advertising, infrastructure engineeering and
transportation investment.  This mentality involves the treatment of
non-motorists as lesser persons or non-persons, and is variously
expressed as disparagement, belittlement and even active hostility
toward non-motorists."

Right Of Way's report provides the kind of analysis that cannot be
brushed aside.  Over and over, we hear that "safety" is the number one
concern.  Whose safety?  Based on what?  How often are dangerous drivers
prosecuted?  Why is drunken driving given great prominence when
violations of right of way appear to be so much more important?

The edition of the New York Times that was distributed in the New York
metropolitan area carried an article on this report on Friday, March 19.
Unfortunately, other editions did not carry it.  (Can a pednetter
reproduce the story?)

As a final note, this type of analysis would be useful also in vehicle
to vehicle crashes--  Such analysis should serve as the basis for
enforcement, prosecution, and public information efforts.  There is a
serious national need to move from death-free crashing for motorists to
a concept of system safety for all users.  Understanding what is
happening is usually the key to fixing a problem.  Let's hope that Right
Of Way's study can help transportation officialdom move toward system
safety/public safety.

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