Coroner to conduct inquest into death of Steve Fitzgerald
I understand that the Coroner plans to conduct an inquest into the death of Steve Fitzgerald, (June 2008) in Lower Hutt. Andrew Macbeth has indicated he will follow this up with the Coroner.
We hope the Coroner will widen the Inquest to include other crashes, for example:
Deaths
Stephan Stoermer, http://spokes.org.nz/article/cyclist-dies-one-week-from-world-tour-finish
Mia Pusch, http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10619341
Steve Fitzgerald, http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10517344
Des Eyre, http://can.org.nz/cans-9-point-plan-for-cycle-safety-0
Frank van Kampen, http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10598429
Johann ("Hans") Edge, http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10634419&ref=paidb
Ian Graham Robinson, http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10603758
Other crashes
Shane Melrose and Logan Edgar, Taieri, http://www.odt.co.nz/news/dunedin/115258/women-attack-and-rob-cyclists
Rik Unthank, Dyers Pass, http://www.stuff.co.nz/the-press/news/3272878/Dyers-Pass-cyclist-attacked
Tamaki Drive, http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10599817
issues the Coroner might want to look at:
poor driver training and skills
ignorance of road rules
myths about cycling (illegal to ride 2 abreast, have to ride on extreme left)
need for under-run protection on trucks (http://www.xomba.com/underrun_protection_devices_commercial_vehicles)
role of trucking companies in setting unrealistic workloads
role of the regulator is ensuring compliance
Photo by Alastair Smith: Petone Roundabout
This photo illustrates the lack of room for cyclists negotiating the Petone roundabout. The truck is clearly about to cut the corner and intrude on the cycle lane. A fatal crash in June 2008 occurred at this spot. In addition, the roundabout does not have an adequate turning circle for the large trucks that use the route. A seaward cycle path connecting with the Petone foreshore would avoid this hazard.
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Driver apologises to dead officer's family
The truck driver who ran over and killed a senior Wellington police officer has apologised to the family but still believes he was innocent of any wrong doing.
Desmond Wilson offered an apology to Superintendent Steve Fitzgerald's two sons at the inquest into their father's death in Wellington today.
"I can't bring your father back, I'm here to stop this happening again. I've had a request and I didn't have to [come] but, if it's going to save a life ... once again I'm very sorry."
Wilson told the court he had apologised to Mr Fitzgerald's wife, Pam, shortly after the crash in June 2008.
"She's a very strong lady and it was an emotional meeting and I would just like to pass on my condolences.''
He said the crash could have been avoided if cyclists were forced to use other routes as drivers concentrated on looking right for roundabout traffic, instead of left for cyclists.
He did not want to go into details of the crash because he stood by his not guilty plea and his story was "completely different" from the police version.
Mr Fitzgerald, 57, was cycling home from work in June 2008 when he was crushed by the wheels of an articulated truck at the roundabout intersection of The Esplanade and Hutt Road.
The police communications centre boss was just months from retirement after 41 years in the force.
Wilson was disqualified from driving for 9 months in November 2009 after being found guilty of careless driving causing death. He was also ordered to pay $2000 in emotional harm reparation.
Coroner Ian Smith questioned the efforts of the Lower Hutt City Council and the New Zealand Transport Agency in making the area safer for cyclists.
"The thing that seriously bothers me very much is that cyclists still can go through that part of the manouevre," Mr Smith said. "How can you stop the cyclists from going around that roundabout? Because there is no way, no way at all that it's ever going to be safe riding a bike around that roundabout."
Lower Hutt City Council senior roading engineer Wayne King said $436,000 had been spent on creating a roundabout by-pass for cyclists after the crash.
Signs directing cyclists to use the safer route were put up.
One of the off-ramp lanes was also converted into a cycle lane. However, a 'refuge' for cyclists to stop and cross into the roundabout still existed.
Mr Smith suggested the council and NZTA do more to prevent another death, including observing cyclists' behaviour and launching an education campaign.
My King said cyclists were no longer forced to use designated cycle lanes following changes to legislation in 2002.
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The inquest has been adjourned.
Mr Smith has reserved his decision.
- The Dominion Post
http://www.stuff.co.nz/dominion-post/news/5421952/Driver-apologises-to-d...
Coroner doubts roundabout will ever be safe
A Wellington coroner says there is no way a major roundabout where a top police officer died will ever be safe for cyclists.
Coroner Ian Smith has held an inquest into the death of Superintendent Steve Fitzgerald in June 2008.
The 57-year-old former National Road Policing manager was hit by the trailer unit of a truck as it entered a major roundabout at Petone and died at the scene.
Since then safety improvements have been made, including the creation of an alternative route for cyclists via an underpass.
Coroner Ian Smith says he has visited the site several times and it bothers him greatly that cyclists can still go through the same manoeuvre which led to Mr Fitzgerald's death.
Representatives from the Hutt City Council and the New Zealand Transport Agency both told Mr Smith they saw no way cyclists could be stopped from using the roundabout.
In 2009 Desmond Wilson was found guilty of careless driving causing Mr Fitzgerald's death. He was ordered to pay $2000 reparation and disqualified from driving for nine months.
http://www.radionz.co.nz/news/national/82226/coroner-doubts-roundabout-w...
Notes from Coroner's Inquest into death of Steve Fitzgerald
Notes from Coroner's Inquest into death of Steve Fitzgerald
10 August 2011, Wellington District Court, Coroner Ian Smith
1. First witness was Detective Mike Toohill from Lower Hutt Police.
Crash happened at 5.25pm on 19 June 2008, at roundabout between SH2 and the Esplanade, Petone.
Rider was in left side of lane, truck overtook, truck's trailer struck rider and ran him over.
Trailer was 'off tracking'
lane width was 3m, truck was 2.86 m wide, and trailer off tracked 0.44 m.
There is a drain grill on the left.
2. Wayne King, Hutt City Council traffic engineer
CAS shows 31 crashes in past 10 years, including 2 injury and 1 death. All 3 were cyclists.
Esplanade has 30,000 vehicles per day.
HCC's cycling budget is mostly spent on off-road routes (e.g. Hutt River Trail), and providing cycle lanes where there is demand and where road space is available.
Following the crash HCC and NZTA (then Transit) made some changes designed to improve cyclist safety.
One lane was removed from Petone bridge, creating more space for bikers on the left.
An optional 'safer' route was added taking riders headed for Petone Esplanade to the left and under the Petone bridge, then looping around to the south side of the Esplanade. Few riders use it in that direction. Most experienced riders stick to the road. No green markings were added through the roundabout as that would be 'engineering an accident'.
The intention was to encourage riders to take the optional, less direct route to the left, which would then put you on the south side of the Esplanade.
Coroner asked about cyclists going around the roundabout and how could we stop this.
He noted that using cycle paths is optional under the 2002 Road User Rule.
Also could HCC run a safety campaign which would educate cyclists about the optional 'safer' route.
3. Fergus Tate, NZTA
HCC and NZTA share responsibikity for the bridge, with HCC responsible for surface and road markings. NZTA owns the structure.
Noted a bicycle is a vehicle, so impossible to prevent cyclists using the roundabout.
Suggested it is best practice for cyclists to 'own the lane' when lane width doesn't permit safe overtaking.
4. Des Wilson, truck driver, 26 years experience.
It was an unfortunate accident which could be prevented by deterring cyclists from using that lane.
Looked to his right when entering roundabout, didn't see rider on his left.
Note, unlike most roundabouts, traffic entering from petone bridge have priority. There is a give way on the roundabout to the driver's right.
Says he was on the right hand side of the lane.
5. Jane Dawson, CAN
Death was preventable.
Rider was wearing high vis and it didn't help.
Four issues:
5.1 road design
Lane is narrow, but there's no effort to provide for cyclists. HCC and NZTA must bear some responsibility. The work since 2008 has not fixed the problem.
5.2 gaps in land transport rule process
MoT must bear some responsibility: there's no requirement for truck side underrun protection, or safety devices such as extra mirrors or cameras to cover blind spots.
The Road Code advises a minimum passing distance, but this is not law. Passing distance is largely educative, like many laws, but could be enforced in crashes.
Review driver shift length: up to 13 hours a day, with breaks.
5.3 lack of responsibility by trucking companies
Must reduce potential for crashes by training drivers.
CAN runs road user workshops with bus drivers but little interest from truckers.
5.4 lack of road user training
Need for more and better road user training on how to drive near cyclists.
Police should pay attention to unsafe driving behaviour near cyclists.
All school students should have cycle training, including on-road. They will be safer drivers, too.
Enforcement of penalties on those who impose risks on others (refer to road user hierarchy), to encourage them to accept responsibility.
Coroner asked about:
- why are we opposed to mandatory high vis?
- what cycle training is happening?
- drivers are being asked to take special care around cyclists, but see people on bikes running red lights etc.
- is truck side underrun protection mandatory anywhere other than Europe?