The official Blog for bikewalklee.org. BikeWalkLee is a community coalition raising public awareness and advocating for complete streets in Lee County, FL.
Showing posts with label law enforcement. Show all posts
Showing posts with label law enforcement. Show all posts
It’s hard to miss this big rig blocking the sidewalk but it remained for weeks. DAN MOSER / FLORIDA WEEKLY
“If You See Something, Say Something” is an awareness campaign slogan that came to be after the 9-11 terrorist attacks. Obviously, it’s intended to spur the public to let law enforcement know whenever something seems suspicious, initially to thwart terrorist attacks. I’d like to suggest a new phrase with the intended target not being the public but rather the law enforcement community: “See Something, Do Something.” While it would seem obvious that anytime law enforcement officials see something amiss or illegal they act upon it in one way or another, the fact is it’s quite common for many illegal and dangerous acts that are traffic related to be overlooked or ignored.
Considering how horrific our traffic crash statistics are here in Southwest Florida I don’t believe it’s unreasonable to expect traffic law enforcement be a high priority. Vulnerable road users such as pedestrians and people on bikes are killed and injured at a rate almost double the national average, a rate that’s been this way for decades. One reason may be due to the lack of adequate traffic law enforcement which results in drivers realizing there’s little chance of them being stopped, warned or cited for violating traffic law.
Dan Moser is a long-time bicycle/pedestrian
advocate and traffic safety professional
who cycles, runs and walks regularly for
transportation, recreation and fitness.
Contact him at bikepedmoser@gmail.com
and 239-334-6417.
I write this with the best of intentions and as one who frequently works with the various enforcement agencies to reduce crashes, injuries and fatalities, especially among non-motorists. I’ve taken part in high visibility enforcement operations, ride-alongs and crosswalk enforcement operations so I appreciate the efforts being undertaken. But whether the apparent ongoing nominal level of enforcement is because it’s a low priority within the various law enforcement agencies or just thought of as inconsequential and not worthy of the time and effort required I’m not sure. Whatever the reason, far too many traffic infractions are witnessed by law enforcers but not acted upon. Anyone who pays attention while on our roads and pathways witnesses what I’m describing on a regular basis.
Data comparing traffic-related deaths, injuries, and financial loss to those same costs for crime are hard to come by but a recent University of Michigan Transportation Research Institute study did just that. Researchers found serious crime in Michigan in 2015 resulted in $2 billion in monetary costs and $8 billion in total costs (monetary and nonmonetary quality-of-life) versus overall traffic crashes resulting in $4.6 billion in monetary costs and $19.3 billion in total costs. More significantly, they documented 539 criminal homicides versus 1,011 fatal crashes and 28,775 non-fatal violent crimes versus 76,065 crash-related injuries. When comparing nonmonetary statistics for Florida, in 2017 there were 561 homicides versus 3,117 traffic fatalities and 42,877 non-fatal violent crimes versus 254,310 crash-related injuries (sources: flhsmv.gov and fdle.state.fl.us). Even when only the human factor is considered, traffic incidents are clearly more of a societal problem than crime. However, other than Florida Highway Patrol, most law enforcement agencies dedicate only a fraction of their budgets and manpower for traffic law enforcement.
If nothing else, the following common violations that affect non-motorists’ safety and access could initially be targeted:
Blatant violations by motorists turning right on a red light without first stopping, putting vulnerable road users at high risk when attempting to cross at intersections.
Folks on bicycles operating against the flow of traffic instead of riding in the same direction as other traffic.
Motorists obstructing foot and bicycle traffic by parking on sidewalks.
Each of these violations is obvious when occurring so the only reason I can speculate they are not addressed is because they are purposely ignored.
No one wants to see our roads turned into places where everyone must fear being pulled over each time we’re out there but something needs to change because the current approach isn’t working, as confirmed by our year-after-year crash statistics. Understanding the time and effort it takes to write citations and knowing that not all law enforcement personnel will be able to drop what they’re doing whenever they witness traffic violations we should at least expect many more contacts made with violators if only to educate and raise awareness. I suspect an encounter that results in nothing more than a reminder or a verbal warning would probably be much more impactful for the violator, at least for those who aren’t “the usual suspects” who make it a habit to break traffic laws and have the record to confirm as much. For those folks, a written citation is in order.
For Lee County cycling and tri events visit Caloosa Riders Bicycle Club (caloosariders.org); Florida Mudcutters (mudcutters.org); and SW Florida Biking Meetup Group (meetup.com/Biking-SWFL). The Florida Bicycle Association (floridabicycle.org) is your source for statewide happenings. BikeWalkLee’s blog site has all the information you’ll need to stay abreast of advocacy efforts in Southwest Florida as well as statewide and nationally.
BWL Column
The News-Press, 12/7/2017 by Ken Gooderham
Lee County sheriff's operation targets pedestrian, bicycle safety in traffic problem areas. Ricardo Rolon/news-press.com
Which is more likely to change your behavior: Fear of harming others (including people you might know), or fear of harming yourself?
This is not an esoteric exercise. Rather, it could be key to making our streets, sidewalks and bike paths safer.
Safety is a big issue locally, particularly for cyclists and pedestrians. Our region has regularly ranked far too high in the “Most Dangerous” places for walking and biking, evidence of a chronic and, sadly, statewide issue putting far too many people at risk on a daily basis.
How do you make streets and sidewalks safer? Three ways:
Better facilities, meaning properly designed, adequately interconnected and of sufficient quantity to provide a (somewhat) secure network.
Better awareness, by both drivers and walkers/bikers of both the laws under which they all should operate and the courtesies that should be extended to other users.
Better enforcement of existing laws or passage of necessary new ones, so those who are determined to flaunt the rules can reasonably expect to pay a price.
So, how are we doing?
On facilities, we’re catching up – with some cities pulling ahead of others. On the county level, the sizeable backlog of bike/ped capital expenditures is still appalling, but there are success stories out there and new designs are at least not letting our roads lose more ground in the fight for safety.
As to awareness, also signs of improvement but with a long way yet to go. As more people bike, run and walk, the awareness of those users increases – both because there are more people out there for motorists to see, and because more walkers and bikers tend to be (we hope) more aware drivers. Again, there’s room for improvement… but the danger seems to be turning from outright hostility toward bike/ped users to benign ignorance.
Enforcement has always been a thorny issue. For it to be effective, it has to be consistent and timely – hard to do unless one posts a police officer on every corner. It also has to have consequences – again problematic, since some of the offenses against bikers and walker is not a primary offense or lacks a serious penalty (unlike the penalty weighing on a biker or walker in an unfortunate interaction with a motor vehicle… which can be serious injury or death).
So the news of the new initiative by the Lee County Sheriff’s Office, “High Visibility Enforcement,” is welcome. Deputies are targeting areas prone to bike/ped/car problems. It will run to the end of May, hopefully enough time to both educate good behaviors and eradicate bad habits. And it will underscore both the existing traffic laws and the need to enforce/abide by them. (And you can bet that those LCSO officers on foot who narrowly escape harm at the hands of local drivers will be all the more sensitive to the vulnerabilities of bikers and walkers in the future.)
Of course, enforcement goes both ways; bikers and walkers need to abide by the rules of the road as well. However, given the disparity of consequences for an unfortunate interaction, the bike/ped side of the equation will be far more likely to obey than one may see from the motor vehicle drivers.
That’s why enforcement is crucial, and we hope the LCSO initiative is a great success and can be repeated in the future. But enforcement alone is not enough.
That brings us back the opening question about changing behaviors. You need both enforcement (the fear of harming yourself) and awareness (the fear of harming others) to effective change behavior over the long haul.
People will change their actions if they see a police car parked on a street. But will they will also change their behavior if they see a “Drive Like Your Kids Played Here” sign along the road? Will they be more careful if they fear getting caught OR if they know the cyclist or pedestrian could be someone they know – or that could be them the next time?
Ready to ride or run?
Run? Feel like running to celebrate the holidays? Join the Babcock Ranch Jingle Bell 5K/10K for its first outing on Saturday. There’s also a QBE Shootout 5K in Naples that morning. Appropriately, the Christmas theme continues Dec. 16, with evening 5Ks in Fort Myers and Naples. Find out more at 3dracinginc.com, gcrunner.org and eliteevents.org respectively.
Ride? Upcoming Critical Mass rides are NE Lee (Friday night) and Sanibel (Saturday night), with a special “Crappy Sweater, Cookie and Carol” ride Dec. 16 in downtown Fort Myers (details pending, so check on this one before you go). For night rides lights are required, helmets recommended, and details and sign-up info is online atmeetup.com/Biking-SWFL/events.
Both? If you want a tri for the holidays, check out the Dec. 17 Christmas Duathlon & Triathlon set for Sugden Regional Park in Naples. Otherwise, check
active.com or trifind.com for statewide events.
TELL US ABOUT YOUR RIDE:
Have
a favorite route you like to bike, or a unique walk you’d like to
share with others? Tell us about it at info@bikewalklee.org, and
maybe we can feature it in an upcoming column.
# # #
Ken
Gooderham writes this on behalf of BikeWalkLee, a community
coalition raising public awareness and advocating for complete
streets in Lee County — streets that are designed, built, operated
and maintained for safe and convenient travel for all users:
pedestrians, bicyclists, motorists, and transit riders of all ages
and abilities. Information, statistics and background online at
www.BikeWalkLee.org.
As the rest of the country begins to experience the type of weather that understandably sends folks our way, the influx of snowbirds and tourists impacts not only our roads but our pathways as well. That fact means there will be many more opportunities for collisions, conflicts, mishaps and close calls. By following the laws and etiquette that we, as a society, have put in place over the years, our interactions on the road and pathway will be enjoyable and safe. But it takes all parties to make that possibility the rule rather than an exception.
It would seem obvious that pedestrians, being the most vulnerable user of the public rights of way, should have the highest priority in anyone’s mind, if for no other reason than the ease at which we can be seriously injured or killed when mixing in traffic. But even though traffic laws appear to take the vulnerability factor into account, the reality is they are not enforced in that way, nor are laws as pedestrian-friendly as one might expect. In some cases that is very understandable — considering drivers can’t be expected to avoid every potential collision when it’s physiologically impossible due to time and distance elements that are in play with any moving object — drivers get priority.
The most important things to keep in mind when walking, running, skating or operating an assistive device like a wheelchair, are common sense concepts. Be predictable to other users. Use sidewalks and pathways when available and when not obstructed. Pay attention to the surroundings and forgo the use of distracting devices when on public rights of way. Be assertive when necessary at places like crosswalks and other areas where the rights are clear and obvious. Be considerate of others with whom we are sharing the pathway. And be patient when stuck at signals where the only reason we can’t cross when adjacent motor traffic has a green light is because the auto-centric pedestrian signal timing formula makes us wait another cycle for the sake of moving more cars. But we must also keep in mind that, on average, being struck by a motor vehicle at 30 mph gives us a 50 percent chance of survival and being hit at 40 mph decreases the survival chance to only 15 percent. In both cases, if not fatal, major and perhaps permanent injuries will likely result.
Those of us who operate bikes are required to follow the same rules and laws as drivers when using the roadway. One law that doesn’t apply is to maintain a minimum speed that would result in illegally obstructing traffic for motorists. While we are required to ride “as far right as practicable” we are not compelled to ride in the gutter and can, in most cases, use any part of the traffic lane as necessary to be safe from motorists passing illegally (i.e., less than a 3-foot buffer). If travel lanes are less than 14 feet wide (almost all our roads’ lanes are less than that width) we need not ride right when passing traffic puts us at risk. On pathways, bicyclists have second-class status and must not put pedestrians at risk by operating too fast, passing without warning or passing too closely. Bicycle operators must also keep in mind that public roads and pathways aren’t bicycle race courses.
When behind the wheel of our motor vehicles, machines that can easily take and ruin lives, we have the ultimate responsibility to behave appropriately for the power we wield. That’s the law and that’s what society agrees is required of anyone wishing to have the option to drive, at least in theory.
For example, one of the broadest laws, the careless driving statue states: “Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person.” (FSS 316.1925). That’s about as direct and basic as it gets, in my opinion. As well, the law that places blame on anyone who rear-ends another vehicle, person, or object is just as direct: “The fact that the speed of a vehicle is lower than the prescribed limits shall not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazards exist or may exist with respect to pedestrians or other traffic or by reason of weather or other roadway conditions, and speed shall be decreased as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the street in compliance with legal requirements and the duty of all persons to use due care.” (FSS 316.185). Aside from these two comprehensive rules of the road for vehicle operators there are many other laws intended to keep us safe on the roads. But common courtesy — especially when operating around vulnerable users — should always be in play. Perhaps by thinking of that guy on the bike who is holding up traffic as our spouse/brother/father or the woman crossing the street, delaying drivers wanting to make their right turn, as our spouse/sister/mother will help us better understand and have patience with our fellow road users.
- Dan Moser is a long-time bicycle/pedestrian advocate and traffic safety professional who cycles, runs and walks regularly for transportation, recreation and fitness. Contact him at bikepedmoser@gmail.com and 334-6417.
For Lee County cycling and tri events visit Caloosa Riders Bicycle Club (caloosariders.org); Florida Mudcutters (mudcutters.org); and SW Florida Biking Meetup Group (meetup.com/Biking-SWFL). The Florida Bicycle Association (floridabicycle.org) is your source for statewide happenings. BikeWalkLee’s blog site has all the information you’ll need to stay abreast of advocacy efforts in Southwest Florida as well as statewide and nationally.
Main objective is to reduce traffic crashes and fatalities involving pedestrians and bicyclists
The
Cape Coral police will be targeting areas of the city where bicycle and
pedestrian traffic is more active and will issue warnings and/or
citations to pedestrians, bicyclists, and motorists who commit
violations of Florida statutes.
The activity is part of a transition in the department's Bike-Ped Operations to a new phase.
Initially,
the department Bike-Ped Operations focused on distributing
informational materials to violators, educating them about applicable
traffic laws, the importance of wearing a helmet, and other issues
regarding bicycle and pedestrian safety.
The main objective of
this effort is to reduce traffic crashes and fatalities involving
pedestrians and bicyclists through the use of selective traffic
enforcement operations.
During May officers will be actively
looking to enforce the rules of the road as they relate to pedestrian
and bicycle traffic. They will be looking to enforce the bicycle helmet
laws in order to keep those cycling in the city safe.
The funding for these operations is provided through a $20,000 grant
from the Florida Department of Transportation for High Visibility
Enforcement addressing pedestrian and bicycle safety. This is the second
such grant awarded to the Cape Coral Police Department by the Florida
Department of Transportation.
Cape Coral police reminders
Pedestrians should always walk on the sidewalk and if no sidewalk, walk facing traffic.
Pedestrians and bicyclists should not wear headphones or talk on their cell phones.
Pedestrians
and bicyclists should cross streets at marked crosswalks or
intersections when possible and obey traffic signals such as WALK/DON'T
WALK signs.
Bicyclists should
have their bicycle equipped with a white light on the front visible from
a distance of 500 feet and a red light visible from a distance of 600
feet, between sunset and sunrise during operation.
Bicyclists
operating on the roadway are subject to obeying all traffic control
devices to include stop signs and lighted traffic signals.
Bicyclists operating upon a sidewalk or crosswalk shall yield the right-of-way to any pedestrian.
Unsafe driver behaviors
Speeding (5 MPH can make the difference between types of injuries)
Failure to stop for red lights or stop signs
Failure to yield to pedestrians and bicyclists
Distracted driving
Blocking crosswalks
Turning on permitted light (green signal) but not looking for pedestrian properly crossing in crosswalk- Right and Left turn crashes with pedestrians.
As a follow-up to the Naples Daily News Jan. 5th editorial about 2015 roadway safety, which included an outline of the Collier County Sheriff's Office 2016 strategy but not a comparable report from Lee County, BikeWalkLee contacted Sheriff Scott to ask for the LCSO strategy. We appreciate Sheriff Scott and his staff's quick response to our request, which is provided below:
Sheriff Mike Scott asked that I respond to your email pertaining to the article from the Naples Daily News.
With the recent increase in traffic fatalities on our roadways in Lee County during 2015 the Lee County Sheriff's Office for 2016 will focus the enforcement efforts towards the primary causations of the crashes such as red light running, distracted driving and aggressive driving since these were the primary contributing factors in many of the traffic crashes that resulted in fatalities during 2015. To combat these issues we will have a zero tolerance for this type of driving patterns with increased traffic operations in the areas that had high frequencies of traffic crashes.
The Lee County Sheriff's Office was recently awarded two grants to assist with overtime funding towards impaired driving and pedestrian and bicycle enforcement. With this additional funding the Traffic Unit will increase the current traffic operations focusing on inattentive drivers who fail to see or obey the pedestrians and bicycles on our roadways. Impaired drivers have always been a focus for enforcement at the Lee County Sheriff's Office and we will be increasing our current impaired driving operations with additional saturations patrols and sobriety checkpoints.
Education is part of making our roadways safe and we will continue to coordinate and instruct portions of the Youth Driver Program and High Risk Driver Program with Lee Memorial Hospital and in addition working with the local media groups in hopes of educating all of drivers about the seriousness of bad driving behaviors and bad driving choices can result is serious consequences.
Weekly we review traffic crash locations to determine what the causations of the crashes are. Based upon the finding if it’s an enforcement effort the Traffic Unit will focus its efforts in those high crash zones. If it appears to be a engineering issue we work close with both the Florida Department of Transportation and Lee County Department of Transportation and review locations monthly in hopes of making areas in questions safe for the driving, walking and bicycling community.
In all increased enforcement efforts with the Lee County Sheriff's Office will be the primary focus in 2016 with a zero tolerance for bad driving behavior and those who make bad choices while driving.
Congratulations to the Cape Coral Police Department for receiving its second FDOT grant for High Visibility Enforcement operations focusing on bicycle and pedestrian safety.
(November 10, 2015)- Cape Coral Police Officers will take to the streets in the coming weeks on bicycles and in cars in the first of many High Visibility Enforcement (HVE) operations focusing on bicycle and pedestrian safety.
The funding for these operations is provided through a $20,000 grant from the Florida Department of Transportation for High Visibility Enforcement addressing pedestrian and bicycle safety. This is the second such grant awarded to the Cape Coral Police Department by the Florida Department of Transportation.
Officers will target areas of the city where bicycle and pedestrian traffic is prevalent and will distribute educational materials, issue warnings and/or citations to pedestrians, bicyclists, and motorists who commit violation of Florida statutes. The main objective of this effort is to reduce traffic crashes and fatalities involving pedestrians and bicyclists through the use of selective traffic education and enforcement operations.
This campaign is a component of Florida's Bicycle/Pedestrian Focused Initiative Communication and High Visibility Enforcement Implementation under the direction of the Florida Department of Transportation and the University of South Florida.
THE CAPE CORAL POLICE DEPARTMENT WANTS TO REMIND YOU THAT:
Pedestrians should always walk on the sidewalk and if no sidewalk, walk facing traffic.
Pedestrians and bicyclists should not wear headphones or talk on their cell phones.
Pedestrians and bicyclists should cross streets at marked crosswalks or intersections when possible and obey traffic signals such as WALK/DON'T WALK signs.
Bicyclists should have their bicycle equipped with a white light on the front visible from a distance of 500 feet and a red light visible from a distance of 600 feet, between sunset and sunrise during operation.
Bicyclists operating on the roadway are subject to obeying all traffic control devices to include stop signs and lighted traffic signals.
Bicyclists operating upon a sidewalk or crosswalk shall yield the right-of-way to any pedestrian.
SOME UNSAFE DRIVER BEHAVIOR ASSOCIATED WITH PEDESTRIAN AND BICYCLE VIOLATIONS, CRASHES AND FATALITIES INCLUDE:
Speeding (5 MPH can make the difference between types of injuries)
Failure to stop for red lights or stop signs
Failure to yield to pedestrians and bicyclists
Distracted driving
Blocking crosswalks
Turning on permitted light (green signal) but not looking for pedestrian properly crossing in crosswalk -Right and Left turn crashes with pedestrians.
Information based on the following Florida State Statutes F.S.S. 316.130 Pedestrians; traffic regulations (1 through 18) and F.S.S. 316.2065 Bicycle regulations (1 through 19).
In the News-Press continuing spotlight on bicycle safety in SWFL, "Share the Road Florida", feature writer Janine Zeitlin profiles the human consequences of one of those bike crashes--Naples bicyclist Milton Quinonez's fight to survive after suffering a brain injury during a 2014 crash on Fort Myers Beach. For more information on the series, see Share the Road:In-depth
coverage of bicycle safety in Southwest Florida.
"I just heard about Milton..."
Elena Quinonez felt a knot in her stomach.
It had been there since her husband left on his bike ride earlier that
morning. Maybe it was stress? She didn’t usually work on Saturdays, but the
beachside restaurant in Naples where she was a waitress was slow. She had just
one table: two people for a late breakfast in the company of sunshine and the Gulf
of Mexico. She ducked from view to check her phone.
She saw a text from a friend.
I just heard about Milton….I am praying for him.
Her eyes rushed with tears. She called her friend.
“You don’t know anything?” her friend asked. “I’m so sorry.”
Milton, her husband of more than 20 years, had been hurt in a bad crash on
Fort Myers Beach.
Elena dialed Milton’s cell phone. A stranger picked up.
“Who’s this?” the woman answered.
“Who’s this?” Elena responded.
It was an emergency room nurse.
“What’s going on with my husband?” Elena asked.
She told her of Milton’s injuries. He suffered six broken ribs, his scapula
was split in two places, one of his lungs had collapsed, and the other was
punctured. He had a large gash in the back of his head. But the worst thing was
his brain.
“He’s breathing, just hurry up,” the nurse said.
Elena wept as she drove the 35 miles from Naples to Lee Memorial’s Trauma
Center in Fort Myers. What would she tell their daughters? Would he survive?
What would they do if he didn’t?
Shortly after 8 a.m. on July 12, 2014, 46-year-old Milton Quinonez was
critically injured when an 84-year-old driver struck a group of bicyclists.
The past year has been fraught with fear, stress and frustration as Milton,
his wife and their daughters, now 18 and 12, define a new normal for their
family. The driver’s life has been drastically altered too. There was one
redeeming consequence. The crash ignited an effort to make the roads safer.
“That, to me, was the turning point,” said Tish Kelly, a Naples cyclist
behind a push to toughen legal punishments for drivers who injure bicyclists
and other vulnerable road users. She rode with Milton in the past.
“Milton was definitely the straw that broke the camel’s back.”
"I should have hit them harder"
The morning of the crash, Milton Quinonez and nine other bicyclists left
Naples and pedaled north. They were heading off Fort Myers Beach on San Carlos
Boulevard near Buttonwood Drive in the outside travel lane. Lee Luenser, of
Fort Myers Beach, was driving his white Elantra in the same direction. He was
on his way to bridge class.
Lee Luenser, the driver, shortly after crash (LCSO photo).
Crash reports and sworn affidavits offer this account:
Luenser barely missed the rear bicyclist but struck the next rider with his
right-side mirror. He swerved away and then back toward the group and rammed
into the back of Quinonez’s bike, throwing him onto the hood and windshield.
Quinonez’s head smashed into the glass. Luenser veered left again and then back
toward the bicyclists, hitting another rider.
Bleeding bicyclists and their broken bikes scattered across the road.
Quinonez was in the worst shape.
James Keith Spain, a Naples doctor on the bike ride, held the head of
Quinonez, who lay lifeless on the pavement, in effort to keep him alive. He was
unconscious and bleeding. Luenser stood a few feet from them and watched. He
leaned against the bridge, a grimace on his face. His shorts were on backwards.
Did you not see us? Spain asked.
“You were in the road.”
Spain couldn’t believe what he
heard, so he asked again.
“'Yes, I should have hit all of
them.' Deputy Orlando asked if he understood what he had just said. 'I
understood exactly what I said.'”
Luenser's response when asked about
the crash
“I should have hit them harder.”
Deputy J. Orlando also asked Luenser
what happened.
“They were on the road."
He asked Luenser if he realized he
had hit some of the bicyclists.
"Yes, I should have hit all of
them."
Orlando asked if he understood what
he had just said.
"I understood exactly what I
said."
Luenser was treated at the hospital
for a neurological issue and possibly had a medical event while driving. An
investigator gave him tickets for careless driving and an expired tag, which
inspired outrage from other bicyclists, who deemed his actions criminal.
The statements weren’t enough to
bring a criminal charge of reckless driving, said Tiffany Wood, a Lee County
Sheriff’s Office spokeswoman. “There was no way to prove he was reckless
driving … He has to have malicious intent.”
Despite the affidavits from the
doctor and the deputy, Luenser’s friends said he is not the kind of man to hurt
people on purpose. He was active in his church.
“If he said it, it was certainly
because he was so befuddled and so scared,” said Trudy Archer, who knew Luenser
through St. Peter Evangelical Lutheran Church on Fort Myers Beach and the
American Legion. She said Luenser cried when he talked of the crash. “Everybody
is a victim, not to downplay that Lee was certainly the cause.”
Luenser has moved to Wisconsin,
where he lives near his daughter, Linda. He could not be reached through a
number listed in public records and Robert May, who identified himself as his
son-in-law and reached at the home of Luenser’s daughter, said Luenser would be
unable to speak under advisement of his attorney. Messages were left with
Luenser’s attorney.
May said Luenser can no longer live
on his own and can’t afford a care facility. May blamed the crash for his
decline. He wishes there was video. He thinks the bicyclists were culpable,
though the crash investigation and judge found otherwise.
“They destroyed his life and there’s really nothing he can do about it,” he
said.
“I remember a healthy active guy ... This just kind of kills me to see him
this way.”
"The theme is patience"
No one knew how Milton Quinonez would be when he awoke from 10 days in a coma.
Milton Quinonez was in a coma for more than a week (Photo: Andrew West/The News-Press)
In the days after the crash, Elena reached out to friends and asked them to
keep his name off Facebook because their two daughters, then 11 and 17, were
visiting family in Colombia.
She hadn’t told them.
Broken bones heal predictably; brain injuries do not, said Dr. Robert
O’Connor, trauma surgeon and co-director of the surgical intensive care unit
for the Lee Memorial Hospital. “You’ll have a scheduled progression of repair
for a broken bone.”
“Brain injuries are the exact opposite of the spectrum,” he said. “Different
parts of the brain can be injured to different severities.”
When it comes to healing, “the theme is patience,” O’Connor said.
As more bicyclists and motorists co-exist on the roads, the greater the
chances the two shall meet and collide. Bicyclists could better protect
themselves with lights, which are required at night, and wearing reflective
clothing and helmets, O’Connor said, but the best crash prevention is for
people to pay attention. Many bike crashes are cased by unsafe driving, he
said, and in those cases, there’s no iron-clad defense for bicyclists.
“In Southwest Florida, we’ve got a bunch of 90-year-old people either having
strokes and heart attacks behind the wheels and kids are texting. If you’re in
the street, you’re a target. You can do everything right and they still can get
you.”
Crickets chirped a cool evening in February as Milton and Elena
Quinonez strolled around their middle-class Naples neighborhood. The moon
glowed round. Elena switched on a flashlight. Milton used a golf club for balance.
The crash left him with a bruised brain. He’s in a constant state of dizziness.
It’s like living life on rough seas.
He steers clear of crowds. Bright
light and noises bother him. He fatigues easily. He spends his days at home. He
owns a small tile and marble business, but was also the installer and has been
unable to work. The hardest part has been the loss of independence. He wasn’t
driving due to the dizziness. He doesn’t trust his reflexes either and depends
on his family, especially Elena, for everything.
Headlights flashed toward the couple
this evening. Milton clenched Elena’s hand.
Photo by News-Press
“Car coming!” he warned. He rushed
toward the grass, drawing Elena with him.
He used to scream.
Milton remembers little from his
14-day stay at Lee Memorial. The first thing he recalls is someone telling him
he’d be transferred to a Naples hospital.
What am I doing here in the first
place? he wondered at the time.
In Naples, he started rehabilitation
and had about 30 sessions total.
“The other part was God. I guess he
didn’t want me to go.”
Two months before the crash, he had
been so strong, biking around Italy with friends and putting in up to 200 miles
a week on the roads. But his passion had not been without danger. Just 13
months before this crash, he had been struck by a motorist in Naples. She was
arrested for DUI. He had road rash, but nothing as severe as last year’s crash.
He credited his helmet with saving his life.
“The other part was God. I guess he
didn’t want me to go.”
His neurologist told him the first
year would be the hardest, but he couldn’t promise a full recovery. He could be
dizzy for 18 months. It could be for life.
Elena and Milton are suing Luenser
for auto negligence and seeking damages such as lost wages and medical bills.
Ted Zelman, a Naples attorney and a bicyclist, is representing them. Luenser’s
coverage limit is $50,000, Zelman said, so he will look to Luenser’s assets or
to the insurance company if there’s a judgment in the couple’s favor.
“The most important thing is try to prevent
this from happening to other people,” said Zelman. “His whole family has been
impacted.”
The couple’s 18-year-old daughter,
Andrea, cried when she thought about how much their lives had changed. For
years, he had been taking her and her little sister on lunch dates each
weekend. He no longer does this. He feels it would be unsafe to drive them.
“He can’t do what he really loves
and we can’t do what we usually do,” she said. “The hardest thing is how
frustrating it all is for him.”
"Isn’t there anything more?"
Tish Kelly spoke in Tallahassee
several times last session to bolster support for a bike safety bill. Each
time, she shared stories of Milton and her husband. In 2014, a pickup truck driver
struck Chuck Kelly. Chuck counted more than 20 broken bones. He no longer
rides. He’s in too much pain.
The driver received a $170 fine.
The real work of the bill began
after Luenser’s hearing when Tish Kelly met Jeff Michelland, a federal
prosecutor and another riding friend of Milton’s. Both were frustrated with a
legal system that could dole out a maximum fine for Luenser of $1,000 and a
yearlong license suspension. He failed to submit a medical report and his
license will remain revoked unless he’s medically cleared.
Elena approached Tish Kelly in tears
after the hearing.
“Isn’t there anything more?”
Kelly and Michelland arranged to
meet with Collier commissioner Georgia Hiller.
The result was a bill sponsored by
Rep. Kathleen Passidomo, Chuck Kelly’s law partner in Naples. Among many other
safety provisions, it boosted the fine for careless driving that harms a
vulnerable road user up to $2,000. The standard fine for careless driving is
$161. Different versions of the bill made it through the House and Senate but
session ended before they were reconciled. They plan to revive it next session.
Meanwhile, Tish Kelly and Michelland
urge bicyclists to abide by the laws. They’ll need to foster political goodwill
toward bicyclists to make the bill law. Tish Kelly heard of lawmakers who
received anti-cyclist mail. But education about the rules of the road is
lacking among drivers and bicyclists, said Kelly, who plans to create a public
service announcement.
“Ignorance is off the charts.”
Cyclists are to conduct themselves
as though they are behind the wheel and motorists need to realize that they
have a right to do so.”
Would it be crazy to ride a bike again?
Milton Quinonez, Photo by Andrew West, News-Press
In the past year, Milton Quinonez
has not lived a day without dizziness, but his body is feeling stronger. He
stopped taking medications to help his brain and muscles relax. He’s started to
drive himself on short errands.
“I don’t know if my brain is better
or I’ve learned to live with it.”
The family has run through at least
$40,000 to cover bills, by his estimation.
“If I didn’t have money saved, I
would have lost the house and everything. That’s why I say, you never know how
much this will change your life.”
Earlier this month, his wife drove
him to a neurology appointment. Milton reached for Elena’s hand as they stepped
inside the office. His neurologist watched as Milton walked on his toes, and on
his heels. Milton told him there are days when he feels better.
Just don’t do anything crazy, the doctor told him.
Would it be crazy to ride a bike again? To Milton, now it would, but one of
his road bikes remains in the garage. Elena thinks he will one day return to
the saddle. Milton can’t answer in certain terms.
“That would be great if I could go back on my bicycle because the day I go
back on my bicycle it means I’m done with this. This is all over.”
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