Three witnesses told SFPD investigators that Charles Vinson, 66, biked through a red light when he was killed by a driver at 14th and Folsom Streets on March 2, according to police officials.
An SFPD spokesperson told Streetsblog earlier this week that Vinson had been found at fault, contrary to an initial witness cited in the press who said the driver ran a red. The spokesperson declined to provide details at the time, since “the case is still open and active, we do not discuss open and active investigation matters.”
SFPD Sergeant Eric Mahoney later explained the department’s investigation, telling Streetsblog that Vinson may have misjudged the traffic signal timing at the complicated intersection. SFPD Traffic Company Commander Ann Mannix shared the same details with the SF Examiner yesterday.
Mahoney said Vinson was traveling eastbound on 14th and was hit by a driver headed northbound on Folsom. According to three eyewitnesses, Vinson began to ride against a red light. However, given the signal timing at the intersection, it’s also possible the driver blew through a red light. Police have yet to determine if that is the case.
“We’re not 100 percent sure what the vehicle did, but we’re 100 percent sure what the bicycle did,” said Mahoney. “The bicyclist, I’m thinking, assumed that as long as nobody’s going to make a left turn in front of me, I can keep going straight.”
Mahoney said the driver can’t be charged since it was established that Vinson had a red light. “Not saying that what [the driver] did or didn’t do was unimportant, but once we’ve established a violation here, we know that, even if we can prove [the driver had] a red light, the DA is not gonna charge that person with a crime because there’s a contributory factor.”
So there you have it: If you make a mistake on a bike, the law will give a pass to a motorist who strikes and kills you, even if there’s conclusive evidence of reckless driving.