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Title: OHP Searching For Driver Who Hit Cyclist on Avery Post by: pfox on April 15, 2008, 10:49:27 am If anyone has any info on this, please call OHP. Help us find this person.
http://www.newson6.com/global/story.asp?s=8159914 Posted: April 13, 2008 04:32 PM CDT Updated: April 14, 2008 09:10 PM CDT The impact broke off the car's passenger side mirror and state troopers say it's a good lead. Wayne Mark was riding with a group of other bikers just east of Highway 97 on Avery Drive. Avery Drive is full of bicycle traffic at all times of the day and warning signs were posted within 100 yards of the hit and run. A hit and run crash Sunday morning left a cyclist hurt. It happened on Avery Drive near Highway 97. The News On 6's Emory Bryan reports the Oklahoma Highway Patrol has a lead in the hit and run, while the man who was hit recovers in the hospital. The man who was hit is Wayne Mark and he's one of the most elite cyclists in the Tulsa area. He rides 13,000 miles a year. At least he did, now he's in the hospital while troopers look for the person who hit him. "You feel the air, and that's just a wonderful feeling," said Wayne Mark. Wayne Mark can't forget how much he loves cycling, but he doesn't remember anything about the crash that put him in the hospital. He has a broken leg and cuts all over. It is the second time he's been hit by a car. "I'm just now getting back from that, and now to have this happen," said Wayne Mark. Mark was hit from behind Sunday morning on the west end of Avery Drive. His professional grade bicycle was crumpled and Mark rolled over the hood. The driver didn't stop. The impact broke off the car's passenger side mirror and state troopers say it's a good lead. "Kind of an emerald green, this will be the color of the suspect vehicle so anyone who knows this car or sees this car should call," said Oklahoma Highway Patrol Lt. George Brown. Avery Drive is popular with cyclists because it's one of the few roads with a true bike lane and it's marked with plenty of caution signs. Still, even with extra room on the road and all the warnings, accidents can still happen. Judy and Bob Clark are regulars on Avery Drive, and they've had some close calls. "They think bicycles should stay on trails and don't realize that we have as much right to the road as they do," said Judy Clark. The spot where the crash happened had plenty of room for cars and bicycles, but witnesses said the car was weaving on the road as if the driver was drunk. Wayne doesn't know who hit him or why, but he wants to know. "I hope they catch him. I really do," said Wayne Mark. State troopers believe the mirror will lead them to the car, but they hope someone has seen that car and will give them a call. It's likely an import car, emerald green, with some hood and other damage, and it is missing the passenger side mirror. Find more stories on NewsOn6.com's Local News page. Title: OHP Searching For Driver Who Hit Cyclist on Avery Post by: OSU on April 15, 2008, 12:34:00 pm Geez I hope they catch the guy. I love riding on Avery drive and have had some close calls myself. If you are looking for a good route that has both road and trails I like riding from the parking lot on Riverparks at the 21st bridge riding south on the trail to NSU Broken Arrow then back north to Sand Springs onto Avery Drive and take that back to the 21st parking lot about 76 miles and very nice.
Title: Re: OHP Searching For Driver Who Hit Cyclist on Avery Post by: patric on June 07, 2017, 12:12:45 pm (old thread but might be a better fit; if not feel free to relocate)
https://www.readfrontier.org/stories/preliminary-ohp-report-fatal-crash-fails-mention-possible-involvement-sheriffs-deputy/ There is bound to be dashcam, and the odds are good one of the other 20 bikers had a GoPro. Title: Re: OHP Searching For Driver Who Hit Cyclist on Avery Post by: heironymouspasparagus on June 07, 2017, 01:12:18 pm (old thread but might be a better fit; if not feel free to relocate) https://www.readfrontier.org/stories/preliminary-ohp-report-fatal-crash-fails-mention-possible-involvement-sheriffs-deputy/ There is bound to be dashcam, and the odds are good one of the other 20 bikers had a GoPro. Hey, if deputy hadn't made him swerve, he woulda just had to shoot him, so saved a bullet...! Got a culture thing going on at TCSO! Is that too tacky?? Title: Re: OHP Searching For Driver Who Hit Cyclist on Avery Post by: patric on June 07, 2017, 02:56:49 pm Hey, if deputy hadn't made him swerve, he woulda just had to shoot him, so saved a bullet...! Got a culture thing going on at TCSO! Is that too tacky?? Yes, tacky. A couple of things; its going to make it a lot harder to take OHP accident reports at face value, and, anticipating the toxicology report on the victim will absolve the deputy who made a U-turn on Avery drive. Oklahoma law is written so that a person not under the influence can be declared to be under the influence if toxicology finds metabolites from exposure to a drug weeks or months earlier. Title: Re: OHP Searching For Driver Who Hit Cyclist on Avery Post by: heironymouspasparagus on June 07, 2017, 04:32:36 pm Yes, tacky. A couple of things; its going to make it a lot harder to take OHP accident reports at face value, and, anticipating the toxicology report on the victim will absolve the deputy who made a U-turn on Avery drive. Oklahoma law is written so that a person not under the influence can be declared to be under the influence if toxicology finds metabolites from exposure to a drug weeks or months earlier. Sorry... I was channeling my inner Trump there for a minute. Yeah, kind of a sick way to do it, but they gotta circle the wagons! It's us or them. In their collective mind, too often. Title: Re: OHP Searching For Driver Who Hit Cyclist on Avery Post by: sgrizzle on June 08, 2017, 05:58:55 am I don't know how he verified there was no-one 1/3rd of a mile in each direction when he was in the middle of a curve.
Title: Re: OHP Searching For Driver Who Hit Cyclist on Avery Post by: heironymouspasparagus on June 08, 2017, 08:53:32 am I don't know how he verified there was no-one 1/3rd of a mile in each direction when he was in the middle of a curve. Yeah, you do. He lied. Title: Re: OHP Searching For Driver Who Hit Cyclist on Avery Post by: Conan71 on June 09, 2017, 01:31:10 pm The U turn right there may have been a bone head move but let's not discount that witnesses say the rider was speeding.
Title: Re: OHP Searching For Driver Who Hit Cyclist on Avery Post by: Ed W on June 09, 2017, 02:44:56 pm Regardless, since so much time has passed the chances of finding this driver are almost nil. Contrast this against that motorist who drove off from a
Title: Re: OHP Searching For Driver Who Hit Cyclist on Avery Post by: patric on June 09, 2017, 05:44:08 pm The U turn right there may have been a bone head move but let's not discount that witnesses say the rider was speeding. The deputy isnt exactly a "witness" Title: Re: OHP Searching For Driver Who Hit Cyclist on Avery Post by: heironymouspasparagus on June 09, 2017, 09:48:41 pm The U turn right there may have been a bone head move but let's not discount that witnesses say the rider was speeding. Yeah...every cop says every driver was speeding... Well, most of the time they are, so it's kind of a safe bet until there is the one or two that aren't. But chances are good. Title: Re: OHP Searching For Driver Who Hit Cyclist on Avery Post by: Conan71 on June 10, 2017, 10:59:46 pm The deputy isnt exactly a "witness" Unless I misread the article, which I am known to do, this was other members of the group he was riding with who said he sped up ahead of them. Title: Re: OHP Searching For Driver Who Hit Cyclist on Avery Post by: patric on June 12, 2017, 05:48:41 pm Unless I misread the article, which I am known to do, this was other members of the group he was riding with who said he sped up ahead of them. "He sped up" isnt necessarily speeding but I see where your coming from. TCSO told The Frontier the "Sheriff’s Office is not investigating the matter" but you can be certain the taxpayers will get the bill for the death; just put it on Brewster's tab. http://www.tulsaworld.com/homepagelatest/tulsa-county-sheriff-s-office-has-paid-million-in-legal/article_c9d15a3a-353f-52b0-9ce3-abb68a158a2f.html The 18-year-old motorcyclist died in a head-on collision with a car after a Tulsa County sheriff’s deputy made a U-turn in the roadway to pursue another motorcycle near Chandler Park. The lawsuit alleges that the deputy “negligently and recklessly” made a U-turn into oncoming traffic on a curve, giving Tyner “no time” to slow and avoid the crash with the other car. “Let’s say Cobie made a U-turn on Avery Drive. I guarantee if an officer came around that corner and lost his life, Cobie would be charged with vehicular homicide,” Tyner said. https://www.tulsaworld.com/news/local/crime-and-courts/father-brings-attention-to--year-old-son-s-death/article_552dc697-4fa0-5ccf-9536-372f87a4000b.html Title: Re: OHP Searching For Driver Who Hit Cyclist on Avery Post by: Conan71 on June 13, 2017, 11:33:38 am "He sped up" isnt necessarily speeding but I see where your coming from. TCSO told The Frontier the "Sheriff’s Office is not investigating the matter" but you can be certain the taxpayers will get the bill for the death; just put it on Brewster's tab. http://www.tulsaworld.com/homepagelatest/tulsa-county-sheriff-s-office-has-paid-million-in-legal/article_c9d15a3a-353f-52b0-9ce3-abb68a158a2f.html And I may be biased from years of FOD’s (future organ donors) passing me going 100 MPH+ on the curves of the BA. Title: Re: OHP Searching For Driver Who Hit Cyclist on Avery Post by: heironymouspasparagus on June 13, 2017, 01:48:10 pm "He sped up" isnt necessarily speeding but I see where your coming from. TCSO told The Frontier the "Sheriff’s Office is not investigating the matter" but you can be certain the taxpayers will get the bill for the death; just put it on Brewster's tab. http://www.tulsaworld.com/homepagelatest/tulsa-county-sheriff-s-office-has-paid-million-in-legal/article_c9d15a3a-353f-52b0-9ce3-abb68a158a2f.html Yeah..."he sped up" meant they were all speeding and he went all "Ricky Racer" on them....from decades of personal experience riding large bore twin engine bikes. Title: Re: OHP Searching For Driver Who Hit Cyclist on Avery Post by: patric on June 13, 2017, 06:07:26 pm And I may be biased from years of FOD’s (future organ donors) passing me going 100 MPH+ on the curves of the BA. Even if he were toting an inflatable member behind his bike it wouldnt excuse the deputy who decided the law didnt apply to him. Title: Re: OHP Searching For Driver Who Hit Cyclist on Avery Post by: Conan71 on June 13, 2017, 06:13:04 pm Even if he were toting an inflatable member behind his bike it wouldnt excuse the deputy who decided the law didnt apply to him. How does the law for u-turns apply to emergency personnel executing their duties? Title: Re: OHP Searching For Driver Who Hit Cyclist on Avery Post by: patric on June 14, 2017, 10:56:05 am How does the law for u-turns apply to emergency personnel executing their duties? Of course there are exceptions, but in the real world there are exceptions to the exceptions... failing to do due diligence, acting recklessly or being negligent, etc. Title: Re: OHP Searching For Driver Who Hit Cyclist on Avery Post by: patric on August 18, 2017, 04:27:35 pm The Sheriff’s Office said it was conducting an internal review into “alleged discrepancies” in statements that Deputy Titsworth might have made in the wreck’s aftermath.
http://www.tulsaworld.com/homepagelatest/tort-claim-alleges-illegal-u-turn-by-tulsa-county-sheriff/article_644fab5e-077e-5f53-89a5-9532f85d642e.html District Attorney's Office passes on criminal charges against Tulsa County sheriff's deputy in fatal motorcycle crash http://www.tulsaworld.com/homepagelatest/district-attorney-s-office-passes-on-criminal-charges-against-tulsa/article_707eb9d1-3ab8-52da-8ea2-14ae4bc2abac.html Oklahoma Highway Patrol Lt. James Loftis testified that Cobie Tyner took an improper evasive action by applying only the rear brake. However, Loftis testified that he had developed that determination based on the assumption that Tyner was an inexperienced rider. He testified that he developed a different opinion when he learned of the family’s statements to media outlets that Tyner had been riding motorcycles since the age of 3, meaning he would know how to properly apply both front and rear brakes. https://www.tulsaworld.com/news/local/crime-and-courts/justice-for-cobie-tulsan-explains-the-signs-after-his-son/article_552dc697-4fa0-5ccf-9536-372f87a4000b.html Title: Re: OHP Searching For Driver Who Hit Cyclist on Avery Post by: cannon_fodder on August 21, 2017, 08:32:26 am How does the law for u-turns apply to emergency personnel executing their duties? Basically, they can ignore traffic laws if they are actually responding to an emergency, they have their lights and/or siren on, and they show due regard for the safety of all persons. 47 OS 11-106 There are some exceptions to the lights/sirens to avoid destruction of evidence, continue an felony investigation, to prevent evasion, or if lights/sirens is more dangerous for some reason. Even then, the duty of due regard for others remains. Quote § 11-106 . Authorized Emergency Vehicles A. The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privilege set forth in this section, but subject to the conditions herein stated. B. The driver of an authorized emergency vehicle may: 1. Park, or stand, irrespective of the provisions of this chapter; 2. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; 3. Exceed the maximum speed limits so long as speeding does not endanger life or property; 4. Disregard regulations governing direction of movement; and 5. Disregard regulations governing turning in specified directions. C. The exemptions herein granted to the driver of an authorized emergency vehicle shall apply only when the driver is properly and lawfully making use of an audible signal or of flashing red or blue lights or a combination of flashing red and blue lights meeting the requirements of Section 12-218 of this title, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red or blue light visible from in front of the vehicle. This subsection shall not be construed as requiring a peace officer operating a police vehicle properly and lawfully in response to a crime in progress to use audible signals. D. The exemptions in paragraphs 3 and 5 of subsection B of this section shall be granted to a law enforcement officer operating an authorized emergency vehicle for law enforcement purposes without using audible and visual signals required by this section as long as the action does not endanger life or property if the officer is following a suspected violator of the law with probable cause to believe that: 1. Knowledge of the presence of the officer will cause the suspect to: a. destroy or lose evidence of a suspected felony, b. end a suspected continuing felony before the officer has obtained sufficient evidence to establish grounds for arrest, or c. evade apprehension or identification of the suspect or the vehicle of the suspect; or 2. Because of traffic conditions, vehicles moving in response to the audible or visual signals may increase the potential for a collision. The exceptions granted in this subsection shall not apply to an officer who is in actual pursuit of a person who is eluding or attempting to elude the officer in violation of Section 540A of Title 21 of the Oklahoma Statutes. E. The provisions of this section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of reckless disregard for the safety of others. A dash cam video would go a long way in clearing up the facts in this scenario. Title: Re: OHP Searching For Driver Who Hit Cyclist on Avery Post by: patric on August 21, 2017, 05:33:06 pm Basically, they can ignore traffic laws if they are actually responding to an emergency, they have their lights and/or siren on, and they show due regard for the safety of all persons. Ironic, though, that traffic-related incidents were the leading cause of death for officers in 15 of the past 20 years. http://www.nbcnews.com/news/us-news/crashes-illnesses-drive-2017-police-deaths-n782541 Title: Re: OHP Searching For Driver Who Hit Cyclist on Avery Post by: cannon_fodder on August 22, 2017, 06:59:42 am Ironic, though, that traffic-related incidents were the leading cause of death for officers in 15 of the past 20 years. http://www.nbcnews.com/news/us-news/crashes-illnesses-drive-2017-police-deaths-n782541 Driving is one of the most dangerous activities most Americans do. When coupled with the time spent doing it, it is no wonder that Motor Vehicle Collisions are the #1 cause of accidental death in the United States. Nearly 38k per year. https://www.cdc.gov/nchs/fastats/accidental-injury.htm Police have to drive a lot. Even if they didn't drive in emergencies and even if they almost always made the best possible choices, it would still be a dangerous part of their job. Title: Re: OHP Searching For Driver Who Hit Cyclist on Avery Post by: patric on April 01, 2023, 10:06:40 am Basically, they can ignore traffic laws if they are actually responding to an emergency, they have their lights and/or siren on, and they show due regard for the safety of all persons. 47 OS 11-106 There are some exceptions to the lights/sirens to avoid destruction of evidence, continue an felony investigation, to prevent evasion, or if lights/sirens is more dangerous for some reason. Even then, the duty of due regard for others remains. http://www.oscn.net/applications/oscn/deliverdocument.asp?cite=47+OS+11-106 A dash cam video would go a long way in clearing up the facts in this scenario. New trial coming in negligence case after fatal motorcycle crash involving Tulsa County deputy Tulsa County Sheriff's Deputy Andrew Titsworth made a U-turn on Avery Drive to pursue a motorcyclist who had, according to his radar, been going east at more than twice the legal speed limit of 50 mph. [Cobie] Tyner, who was following the other motorcyclist in excess of 50 mph, swerved to avoid the deputy’s car, which his family argued caused him to cross into oncoming traffic and crash into a Ford Fusion. He died at the scene. Titsworth testified that, despite activating his emergency lights and pulling out after the first motorcycle in an attempt to stop it, he did not view himself to be in pursuit that day, ultimately explaining that he did not have a chance to decide whether the end result would be a traffic stop or if the driver of the first motorcycle would elude him. Given Titsworth's testimony, [District Judge Kelly] Greenough decided that pursuit was a fact question for the jury to determine, but the appeals court ruled that Titsworth's opinion was irrelevant because he was operating within the exemptions of what state law clearly defines as pursuit. https://tulsaworld.com/news/local/new-trial-coming-in-negligence-case-after-fatal-motorcycle-crash-involving-tulsa-county-deputy/article_4717d310-cf31-11ed-bcf7-7719923a3b23.html |