NYPD Slaps Hit And Run Victim With A Ticket For Not Having Bell On His Bike
How do you add insult to injury? How about giving a ticket for a missing bell to a cyclists who has just been smashed up in a hit and run collision? That's exactly what NYPD Officer Torpey did, when he was flagged down by a dazed cyclist in the Bronx back in July.
On July 30th this year, bike messenger Alex Hellner had been waiting around for a half hour after calling 911, when finally a NYPD cruiser happened to lumber past. Around the same time an Ambulance also finally showed up. Hellner was dazed and his bike frame was bent from colliding with a van; but while medics checked him out, officer Torpey checked out his bike. The next thing Hellner knew Officer Torpey was handing him a ticket because he didn't have a bell on the bike. Last week Mr. Hellner ended up paying a $20 fine for the absent bell.
Mr. Hellner had been reluctant to call the Police at all, but only did so after a bystander, seeing him staggering, had urged him to do so. "I usually don't like to involve the police if possible... so I hesitated for a minute and then came to my senses and called 911. I can't give you an example where the police have helped the situation in any cycling incident I know of."
While perhaps the ticking was technically valid, since bikes are required to have a bell, this kind of ticking seems quite pointless and makes one suspicious that this is only about meeting some sort of ticket quota. Meanwhile, what about the hit and run? Mr. Hellner had kept enough of his wits about him to get the license plate number of the van that hit him, which he turned over to police! The plate is issued to a Mr. Dibaga Sunbundu. So was the driver charged? Presumably not Mr. Hellner says, the NYPD has never followed up with him about the hit and run.
Mr. Hellner had an additional scare last week when he appeared in court to contest his ticket. Mr. Hellner says, "during [Officer Torpey's] opening testimony he stated that prior to issuing me the ticket, he inspected both my vehicle and the other vehicle for safety equipment, which is, of course, blatantly false... I was instantly alarmed and commented that it was a hit-and-run and he responded 'that's not what i wrote down'." It turns out that Officer Torpey was wrong, he did write it down in his Police Report. But his statement in court immediately alarmed Mr. Hellner; if the Officer had failed to report the hit and run it could have further complicated Mr. Hellner's insurance claim against the driver.
You see, on top of fighting a stupid ticket for a missing bell, Mr. Hellner has been having trouble collecting money for his bills from the driver's insurance company. Geico hasn't made a single payment to Mr. Hellner yet; they seemingly have been stalling for weeks on paying out the claim. Mr. Hellner says he has alread paid out a couple of thousand dollars for medical treatment, and could be stuck with tens of thousands in medical expenses. "I stopped going to physical therapy for my elbow because I am afraid I might get stuck with the bill, and my left sholder gets sore easily."
Had Officer Torpey bungled the police report, it could have given Geico new ammunition to further stall or deny the claim. Fortunately for Mr. Hellner Officer Torpey only perjured himself at the ticket hearing.
Mr. Hellner has now gotten himself some legal assistance to try to get Geico to pay up. So far, Geico has been more snake than suave gecko.
On July 30th this year, bike messenger Alex Hellner had been waiting around for a half hour after calling 911, when finally a NYPD cruiser happened to lumber past. Around the same time an Ambulance also finally showed up. Hellner was dazed and his bike frame was bent from colliding with a van; but while medics checked him out, officer Torpey checked out his bike. The next thing Hellner knew Officer Torpey was handing him a ticket because he didn't have a bell on the bike. Last week Mr. Hellner ended up paying a $20 fine for the absent bell.
Mr. Hellner had been reluctant to call the Police at all, but only did so after a bystander, seeing him staggering, had urged him to do so. "I usually don't like to involve the police if possible... so I hesitated for a minute and then came to my senses and called 911. I can't give you an example where the police have helped the situation in any cycling incident I know of."
While perhaps the ticking was technically valid, since bikes are required to have a bell, this kind of ticking seems quite pointless and makes one suspicious that this is only about meeting some sort of ticket quota. Meanwhile, what about the hit and run? Mr. Hellner had kept enough of his wits about him to get the license plate number of the van that hit him, which he turned over to police! The plate is issued to a Mr. Dibaga Sunbundu. So was the driver charged? Presumably not Mr. Hellner says, the NYPD has never followed up with him about the hit and run.
Mr. Hellner had an additional scare last week when he appeared in court to contest his ticket. Mr. Hellner says, "during [Officer Torpey's] opening testimony he stated that prior to issuing me the ticket, he inspected both my vehicle and the other vehicle for safety equipment, which is, of course, blatantly false... I was instantly alarmed and commented that it was a hit-and-run and he responded 'that's not what i wrote down'." It turns out that Officer Torpey was wrong, he did write it down in his Police Report. But his statement in court immediately alarmed Mr. Hellner; if the Officer had failed to report the hit and run it could have further complicated Mr. Hellner's insurance claim against the driver.
You see, on top of fighting a stupid ticket for a missing bell, Mr. Hellner has been having trouble collecting money for his bills from the driver's insurance company. Geico hasn't made a single payment to Mr. Hellner yet; they seemingly have been stalling for weeks on paying out the claim. Mr. Hellner says he has alread paid out a couple of thousand dollars for medical treatment, and could be stuck with tens of thousands in medical expenses. "I stopped going to physical therapy for my elbow because I am afraid I might get stuck with the bill, and my left sholder gets sore easily."
Had Officer Torpey bungled the police report, it could have given Geico new ammunition to further stall or deny the claim. Fortunately for Mr. Hellner Officer Torpey only perjured himself at the ticket hearing.
Mr. Hellner has now gotten himself some legal assistance to try to get Geico to pay up. So far, Geico has been more snake than suave gecko.
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Comments
GEICO ?
You will get paid, keep after them.
Still, strongly suggest that everyone ride with a basic bell. It really does clear most of the tourists from the Brooklyn Bridge path, and it makes you street legal. Hell, even if it doesn't actually work, just tell the cop it just broke from the crash.
Same goes for lights at night - leave the Stealth Fighters for the Air Force - you can always switch the the lights off to sneak by.
Remember:
"The Cops don't need you,
and Man, they expect the same."
B. Dylan.
I was surprised
Whatever happenned to Mr. Courtesy, Professionalism, Respect
And what about the hit and run charges?
...
Good Luck with the claim - that's what you really need a PI lawyer for.
Handled
-- Hit-n-run will not be prosecuted.
-- Officer lies-a-lot will not face any repercussions of his perjury.
-- Geico will pay up, but only after lawyers get involved (and take their cut, of course).
Messenger man was wise to think he should avoid the cops. Only the NYPD would think to turn a hit-n-run into a cyclist-ticketing opportunity. Thanks for reinforcing our aversions to seeking your help, boys in blue.
And so, the cyclist MESSENGER was not at fault?
There is just NO CONTEST between a BIKE and a 5,000 pound vehicle, regardless of whom, may have had the right of way. I vote for THE VAN!
And so, while no one should get hurt while weaving in and out of traffic, especially a person riding a bike, that's not to say that, the cyclist shouldn't have a GREATER RESPECT for what's around them at all times!
I find it amazing that, this cyclist, having been in a DAZED STATE OF MIND, also happened to have the PRESENCE OF MIND to write the license plate number of the vehicle, he purports to have HIT HIM.
As to the NYPD OFFICER who happened to arrive at the scene after the fact, all he can do, is to take down the statement of the victim in the alleged hit and run incident, and make his report accordingly.
Additionally, the Officer observes any evidence at the scene, if in fact, there is any, and makes his judgement accordingly, and writes that down in his report.
The law also requires the Officer to issue a citation for a violation he observes concurrently, albeit in this case, the missing bell on the bike for SAFETY PROTOCOL. That's just a part of his duty, and his attention to DETAIL is a part of his NYPD training.
Regarding the purported VAN which hit the cyclist, and since the cyclist was STILL IN A DAZE, he may have also pointed out THE WRONG VEHICLE to the Police Officer when he arrived at the scene, and the one which the officer was led to inspect.
Only TWO PEOPLE know what transpired at that exact moment in time, the cyclist and the Police Officer. And given the fact that, the cyclist, by his own testimony, was in a DAZED STATE OF MIND, my vote goes to the NYPD Officer.
If anyone doesn't like the fact that, the LAW requires a BELL ON A BIKE, then it behooves them to lobby for a change.
Otherwise, stop whining whenever a POLICE OFFICER attempts to DO THEIR JOB!
Lastly, KUDOS to the cyclist for getting paid damages from GEICO, despite the fact that, his testimony was heresay and as far as I read, there were NO WITNESSES to the incident anyway.
In closing, I suspect that, this cyclist may have gotten A NEW RESPECT for 5,000 pound vehicles who are bigger than he, in which case, he might consider the option of GIVING THEM THE RIGHT OF WAY in his future, or if not, consider changing jobs.
Kind uv like placing a HOT CUP OF COFFEE between your legs, only to get burned after you spill it on yourself, and then, suing the company who sold it to you, by claiming; THEY WERE NEGLIGENT by selling you HOT COFFEE in the first place.
Then again, that's JUST MY UMBLE OPINION for whatever it's worth!