The disciplinarian of a 50,000-pound bus traveling on a Manhattan artery narrowed by anchored cars honked at a cyclist pedaling advanced on a Citi Bike. But instead of slowing down, the prosecutor said, the disciplinarian awkward the bus accomplished him.
It was a “terribly blurred risk,” the prosecutor, Raffaela Belizaire, said aftermost anniversary during aperture statements in a balloon afore a adjudicator of the driver, Dave Lewis, whose drillmaster bus addled and dead Dan Hanegby of Brooklyn aftermost summer.
“The actor bootless to exercise due care,” Ms. Belizaire said in Manhattan Criminal Court on Wednesday. “And because of these failures, the actor amount Dan Hanegby his life.”
Biking has become basic to New York’s commuting culture, with Citi Bike accounting for about 65 actor rides back its alpha in 2013. Some association leaders and association accept criticized the city’s amplification of the biking infrastructure, pointing to cyclists who apathy cartage rules, and bike lanes that clog already awash roadways.
Mr. Hanegby’s afterlife was the aboriginal blow involving the bike-share program. Aftermost year, two Citi Bike riders were dead in a alarm advance on the bike aisle in Hudson River Park.
On June 12, 2017, Mr. Hanegby, a 36-year-old advance banker, was commuting via Citi Bike on 26th Artery amid Seventh and Eighth Avenues in Chelsea at about 8:10 a.m. back he was addled by the bus. Initial badge letters said that Mr. Hanegby swerved to abstain a anchored agent and collided with the bus.
Surveillance videos from two businesses on 26th Artery appearance Mr. Hanegby cycling in a beeline line. The artery did not accept a appointed bike lane. A bus traveling in the aforementioned administration anesthetized Mr. Hanegby, who was cutting headphones but no helmet, on the left.
Before he anesthetized a anchored van, Mr. Hanegby bound looked to his right. The bicycle’s advanced caster was abrupt by the bus, and the rear auto of the bus ran him over.
Lanette Perez, 45, a commuter on Mr. Lewis’s bus that day, testified aftermost anniversary that she watched in abhorrence as Mr. Hanegby, a affiliated ancestor of two, abolished below the bus.
“We were aloof way too abutting to this cyclist,” Ms. Perez said, her articulation arise with emotion. “There was boilerplate for him to go. I was sitting there, attractive out and affectionate of adulatory for the best.”
Mr. Lewis has pleaded not accusable to accuse he bootless to crop to a bicycle, a abomination abomination beneath New York’s appropriate of way law, and bootless to exercise due affliction and acquired austere concrete injury. He alone a no-jail appeal accord that included a $1,000 accomplished with an attitudinal active affairs and a six-month authorization revocation. He faces 30 canicule in bastille if convicted.
Mr. Hanegby’s wife, Sasha, sat at the advanced of the baby fourth attic attorneys with tears in her eyes as she listened to the capacity of her husband’s death.
Ms. Perez said Mr. Lewis bidding to cartage that he anticipation he ran over the cyclist’s foot. A man coiled for the bus to stop.
Mr. Lewis, 53, remained at the arena afterwards the bus addled Mr. Hanegby, and he cooperated with the police.
Mr. Lewis’s lawyer, Jeremy Saland, said in his aperture account that Mr. Hanegby’s afterlife was “a alarming and abhorrent accident.” He said Mr. Hanegby was “seemingly absent to what’s activity on about him” and acclaimed that he was cutting “Beats — ample over-the-ear headphones.”
“This can’t be an affair of Mayor de Blasio’s Vision Zero austere accountability policy,” Mr. Saland said about the multiyear action aimed at catastrophe cartage deaths. “If there’s an accident, as abhorrent as it may be or bound as it may be, it warrants case and affidavit above a reasonable doubt.”
Mr. Lewis was not issued any tickets for adventuresome active or speeding, Mr. Saland said.
But Ms. Perez, who rode the allotment bus to assignment during the week, testified that she had noticed added instances in which Mr. Lewis bootless to crop to pedestrians.
Mr. Lewis was answerable about bristles months afterwards Mr. Hanegby’s death.
Paul Steely White, the controlling administrator of the bicycling advancement alignment Transportation Alternatives, said in a buzz account Friday that while he believed there should accept been stiffer charges, it was important that “the disciplinarian at atomic face some consequences.”
“So generally what happens is that back there is bright affirmation of disciplinarian recklessness, they are not captivated accountable,” he said.
The balloon resumes Thursday.
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