Tesla Model S Driver Arrested After Hit And Run Involving Bicyclist

2 years ago by Eric Loveday 39

3-Foot Law Applies In Most States

3-Foot Law Applies In Most States

Most States Allow Bikes To Use The Full Lane If The Cyclist Chooses To

Most States Allow Bikes To Use The Full Lane If The Cyclist Chooses To

All too often, cars collide with bicycles. Typically, it’s the car driver’s fault, largely because they simply don’t know (or choose to ignore) the rules of the road as applied to cyclists and cars.

Such was the case last Saturday in California.

According to SF Bay:

“A bicyclist suffered minor injuries Saturday morning in a collision with a Tesla car in unincorporated Marin County, a California Highway Patrol spokesman said.”

“Officers responded at about 11 a.m. to the intersection of Panoramic Highway and state Highway 1 on a report of a hit-and-run collision, CHP spokesman Officer Andrew Barclay said.”

“The driver of the Tesla was impeding the travel of a bicyclist and intentionally caused a collision, Barclay said.”

Often times these drivers flee the scene, which is exactly what happened in this instance. Fortunately, witnesses were able to get the Tesla’s license plate and reported it to police. The driver of the Tesla was located and arrested on the spot for felony hit-and-run.

One also wonders in situations like this, if the quiet operation of the car may also have been a factor in the bicyclist not being able to react quickly enough to the driver’s illegal maneuver to avoid contact.

Luckily, the bicyclist suffered only minor injuries.

Source: SF Bay

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39 responses to "Tesla Model S Driver Arrested After Hit And Run Involving Bicyclist"

  1. sven says:

    NEWS UPDATE

    “The bicyclist, Jonathan Kibera, 38, of Mill Valley, and Alex Boal, 38, of Corte Madera, were riding their bicycles south on Highway 1 when a group of vehicles began passing them, Barclay said.”

    “Boal allegedly raised his middle finger when one of the vehicles honked at him. The last vehicle that passed, a Tesla, then pulled in front of the bicyclists and slowed down to prevent them from passing, Barclay said.”

    “The Tesla driver appeared to try to impede the bicycles and eventually quickly applied the car’s brakes, causing Kibera to collide with the rear of the Tesla, according to Barclay.”

    “Kibera was ejected from the bike and the Tesla driver sped away.”

    http://sfbay.ca/2015/11/16/tesla-driver-identified-after-alleged-hit-and-run/

    1. sven says:

      It gets worse. The Tesla driver had his young daughter in the car with him. What a role model. 🙁

      “Donovan, whose young daughter was in the vehicle with him, was questioned by the officer, said CHP Officer Andrew Barclay.”

      http://www.marinij.com/general-news/20151116/mill-valley-man-accused-of-road-rage-hit-and-run-on-cyclist

    2. Wonder if the police, or bike rider will make a data request to Tesla.

      The data from Model S onboard diagnostics & telemetry could make for an interesting legal case.
      (black-box data logger)

  2. Anon says:

    Proof that a$$holes can drive any vehicle. 🙁

    1. Pushmi-Pullyu says:

      No kidding. Sadly, there isn’t a “No a**holes” test that people have to pass before buying a car. Not even a Tesla car.

  3. Dave S says:

    Typical road rage crap. You are driving a very nice expensive car. You live in Marin county. How is it that someone flipping you off hurts that bad?

    1. EVcarNut says:

      Oh YEA & they Hate you for this !

  4. EVcarNut says:

    I am Not taking sides here .,this works both ways , But it was more than likely Provoked…Most cyclists are arrogant & think they 0wn the Road & that they have more road rites than motor vehicles who pay for licences , Insurance, & road Taxes via fuel costs Etc.. Always Acting TUFF Up against bigger guy…we know how that usually ends..

    1. Dave S says:

      Speaking as someone who logged over 10,000 miles on my bike for the last 15 years or so I’ll take a side. I pay more than my fair share of taxes. How much gas tax is that Tesla paying? We have rights to the road under the law. Clearly this person didn’t like that he was held up by a slower moving vehicle. Also didn’t like the finger when he honked. Doesn’t matter, grow up and move on with life. Made a bad decision to harass these guys with a deadly weapon. Made it worse by causing injury and leaving. If he was in such a hurry he should have safely passed and continued on his way. The cyclist handled it poorly. I usually blow kisses and wave, but it’s tough to always be the bigger man.

      I will say that I’ve been passed by many electric cars including my wife’s volt. At speed they sound like any other car. Mostly tire noise and wind.

    2. JW says:

      You say you are not taking sides… then clearly take the side of the driver – who is this case was arrested and clearly in the wrong based on the info here.

      I’m guessing from your use of “cyclist” and “road tax” (which btw is not a thing) that you are British. Well so am I and as a cyclist I’m sick to death of reading semi-literate rants like yours from moronic drivers who think they are the only people entitled to use the roads.

      I would have thought “EV nuts” would be on the same side as cyclists in wanting to promote clean, sustainable transport. I guess that’s not always the case.

    3. GRA says:

      Most cyclists are arrogant and think we own the road? Yeah, right, most riders are really willing to dispute that point with a vehicle that weighs 20-40 times what they do. Trying to get the typical driver to recognize that we have the same legal right to be on the road as they do,or in fact any right, is tough enough. For every idiot cyclist you read about in something like a critical mass ride, there’s thousands of us just trying to stay alive in traffic, trying to get car drivers to SEE us and acknowledge our presence. Fortunately, more and more U.S. cities are adopting ‘complete streets’ policies that recognize that the streets are there for everyone, not the exclusive preserve of cars. As for Marin, especially on Hwy 1, anyone who isn’t prepared to deal with bike riders while driving has no business on the road. That the driver in question engaged in this behavior with their child in the car just demonstrates that they lack the responsibility to drive.

      While riding recently, I saw a guy driving one-handed while devoting the majority of his attention to using his cell phone, with what was (presumably) his daughter in a child seat in the back. I caught up to him at a signal, and was about to tap on the glass and suggest that he needed to re-evaluate his priorities, but the light changed and he was off.

    4. Djoni says:

      Wow, what a total misjudgment of your part or any that think that you’re neutral.
      You’re not, you are legitimating a criminal act.
      It’s an assault with a deadly weapon on someone in his own right.
      Taxes preemption doesn’t make sense, some cycle worth more than some car, beside many cyclist are also motorist.
      It’s my case, not only I have a car, but also a truck, and cyclist and pedestrian have right.
      Motorist do have, but no right to interfere in cycling lane, nor to bump them.
      And if you think that motorist are so careful with them, think again.
      3 feet separation isn’t something all motorist know and obey and as a veteran cyclist I do appreciate when they observed it.
      And if you want to know how it feel when not, just step on your bike for a good ride, it only take one lunatic, distract, or an anger man to scare you to death and the chance that you’ll encounter at least one on your way is very high.
      I mean, who do you thing is at risk in any case?

    5. Pushmi-Pullyu says:

      EVcarNut ranted:

      “Most cyclists are arrogant & think they 0wn the Road & that they have more road rites than motor vehicles…”

      Are you just trolling here, or are you actually as big an a-hole as that hit-and-run driver? You certainly seem to share his mental attitude.

      Bicycle riders have just as much legal right to share public roads as you do. That applies to all public roads except for limited access highways. The fact that you’re driving a vehicle which is bigger, heavier, and faster certainly makes it possible for you to intimidate and bully bicycle riders, but that is most definitely not a “right”… it’s a wrong.

      It’s people with an attitude like yours which makes riding a bicycle on public roads so dangerous.

    6. John says:

      Same road, same rules, same rights. In all 50 states. Your post is more than ignorant; it tries to blame the victim by using sweeping but absolutely inaccurate generalizations.

      1. SJC says:

        Protected bike lanes are needed right next to the side walk with a curb to keep the cars out.

    7. Stuart22 says:

      I too am a cyclist – I’ve been doored, and once a victim of a hit and run asshole who was never found. I woke up in a hospital and it took me days to get my senses back (my ex-wife may dispute this)…

      Cyclists need laws to protect us, and severe penalties are needed to motivate motorists to respect them. I say in a case of hit and run, 5% of one’s annual income down to a minimum fine level of $2,500 ought to suffice.

    8. liberty says:

      What an awful attitude.

      This is a hit and run driver. There is no provation that justifies using your car as a weapon, then failing to help the injured.

      Rethink provocation. There is nothing a bicyle rider can do to justify this awful person, I don’t care what kind of car he drives.

    9. As a fellow driver I find it beyond ridiculous that drivers are always going around moaning about how cyclists are ‘arrogant this’ and ‘think they own the road that’ when drivers are actually worse. Lol. Talk about hypocrites.

  5. Flash the peace sign instead, people. Your antagonist will be startled, and then amused. And much less likely to escalate the situation, which might have a very bad outcome.

    Felony hit and run. I’m guessing that’s not how he thought his day was going to end.

    Glad to hear the bicyclist is going to be ok.

    1. Pushmi-Pullyu says:

      Hear, hear!

      Well said, sir.

    2. Robbie says:

      Im not trying to take sides but technically the byciclist hit the Tesla.

      1. John says:

        Sure the bicyclists hit the Tesla, but Tesla driver caused it. It’s called brake-checking. I’ve been on the receiving end of it as a bike commuter and only narrowly avoided hitting the idiot’s truck. It’s an extremely dangerous and aggressive thing to do. Glad the Tesla driver got arrested.

      2. Pushmi-Pullyu says:

        “…technically the byciclist hit the Tesla.”

        That’s a legal argument, not a scientific one.

        Assuming the summary posted by sven, upstream, is correct: A physics analysis would show the bicycle and the car were traveling at a similar velocity until the car accelerated quickly (a negative acceleration, or deceleration) by braking sharply, causing the collision. Technically, it’s no more accurate to say the bicycle hit the car than to say the car hit the bicycle.

  6. Joe says:

    We all have the right to use the road, it is not a right to use a motor vehicle. If you chose to use a motor vehicle you have the responsibility to respect others rights, no matter what vehicle the other person uses.

  7. JakeY says:

    This is a classic example of road range where both parties chose to escalate instead of defusing the situation.

  8. Robbie says:

    I’m just glad it’s because he’s a jerk and not caused by Autopilot. I don’t want anything to stunt its growth.

    1. ItsNotAboutTheMoney says:

      My first thought too. Phew.

      Then my next thought was two people riding was “I wonder if they were riding side-by-side”.

      It’s also worth nothing that CA has a specific law about slow-moving vehicles on 2-lane highways.

      Absolutely no excusing the brake-checking though. Congratulations on the felony charge, douchebag.

  9. XV says:

    I’m a motorist from the UK. I rode a bike years ago as a student. I remember a time when there was a lot of road rage. To this day I still see other motorists getting aggy. I’m too scared to ride a bike now, the roads are so busy and people are always in a hurry. I always give cyclists a wide berth and the same distance I would give a car.

    With regards to motor vehicles and based on what I have been told, I thought that when one has an accident and for an insurance claim to likely be successful is when a person hits your car? I heard that no matter what the situation if a person hits your vehicle it is regarded as their fault for not keeping a distance. If in this case the front one slows right down and the one behind speeds right up its immature. Also we don’t know if another vehicle slowed down in front of the Tesla. A toot is a toot..that’s impatience letting us know something..which can be done offensively. But the toot didn’t come from the Tesla driver did it? The cyclist shouldn’t be giving the finger. That’s ruder than a toot! In fact I’m not even convinced a man with a child in a nice car woyld go to such extremes when the finger wasn’t even originally directed at him. Why?

    Society needs lessons in diluting negative emotions..This is only showcased because of the Tesla name. What a great invention eh?

    1. Pushmi-Pullyu says:

      XV said:

      “I heard that no matter what the situation if a person hits your vehicle it is regarded as their fault for not keeping a distance.”

      I read a post recently, I think it was here on InsideEVs, where someone claimed that’s the default position in Europe… but this hit-and-run incident happened in California.

      Even in Europe, I question that a court would agree that if you slow down in front of someone to deliberately block their passage, then slam on your brakes to force them to hit your vehicle, that the courts are going to find the victim to be at fault. If the report sven posted near the beginning of this discussion thread has a correct summary of the events, then it was the intent of the car driver to cause a collision with the bicycle rider.

      “In fact I’m not even convinced a man with a child in a nice car woyld go to such extremes when the finger wasn’t even originally directed at him. Why?”

      You seem to be going quite far out of your way to misinterpret the available facts to excuse the behavior of the car driver, and blame the accident… well, it wasn’t really an accident if the car driver did it on purpose… blame it on the bicycle rider.

      Here’s a reality check: The car driver was involved in an accident, but rather than stop and offer assistance or at least exchange insurance info, he sped off and didn’t report the incident. I don’t think there’s a judge in any country who would not take that as clear evidence of guilt.

      And just what “lesson” did that adult driver give the child in the car? That it’s okay to do a hit-and-run on a person who gives somebody else a rude gesture? Maybe you should think about that, instead of defending that a-hole.

  10. ibegreed says:

    A hero Is he to all of us, We will avenge him, and get that finger bike person

  11. MDEV says:

    I live in DC, bicyclists are a problem, they do not respect the route rules, they often pass the red light with no regards for their safety. Bycicles MUST respect the rights of the pedestrian and cars too.

  12. Thanh Lim says:

    I suspect that both sides are at fault.
    1) The bicyclists may use the full lane, sure, but if it is very wide, you don’t have to bicycle 3 abreast on a single lane. Single one after the other and let folks pass. I see too much of this as both a driver and a cyclist. I would only condone it, as a cyclist, if you are going the speed limit.
    2) There are a LOT of bozo bicyclists. We know who you are. The ones, where you are in a big group, that decide to take multiple lanes of traffic in a 35+ MPH zone. Take the single lane, and use all of it, but you don’t have to eat up all the lanes.

    For the cyclists who break the rules of the world, they too, should be ticketed because it then causes this kind of stuff. I don’t know if these guys did, but it would be apropos to ticket the ones pulling illegal maneuvers.

    I think the drivers feel helpless other than to take it into their own hands. Best bet, record the incident and public shame the police by posting to your local social network that your city participates in, to stop this kind of stuff.

    Lastly, the bicyclists need to follow motorcyclists’ lead: install cameras on your bike/helmet. If there is an illegal maneuver, post it as there have been many people killed by cars and tbh, not enough witnesses or a license plate. It might not be as cool, but for folks who see the cameras, it will prevent you from getting stuck in a he said/she said argument.

    1. Pushmi-Pullyu says:

      Your post seems to suggest that somehow an automobile driver has a greater “right” to drive on public roads than a bicycle rider, just because the automobile can go faster. In fact, you seem to think you, as a driver, have more rights than any two bicycle riders, since your post argues that two bicycle riders don’t have the right to ride side-by-side on a public road.

      Perhaps you need to be reminded that operating a motor vehicle is a privilege, not a right. And if you don’t understand that a bicycle rider has every bit as much right to use our public roads as you do when you’re behind the wheel of a car, then you should turn in your driver’s license and quit driving.

      “For the cyclists who break the rules of the world, they too, should be ticketed because it then causes this kind of stuff.”

      I’m not seeing how a hit-and-run following a road rage escalation is excused by some other bicycle riders not following traffic laws. That’s just another “two wrongs make a right” fallacy. It’s exactly the sort of rationalization that all too many car drivers use to excuse their callous disregard for the rights of bicycle riders; exactly the sort of thinking by car drivers which makes riding a bicycle on public roads so dangerous.

      1. JakeY says:

        He’s not saying that. He’s simply saying that bikes have to follow the law and rules of the road like the cars. If there was a slow moving vehicle (usually defined as five or more vehicles formed in a line), it is expected for that vehicle to yield where possible (whether moving to a slower lane or to a turn-out).

        Bikes are not exempt from this. They should not expect other cars to wait behind them when they are traveling significantly slower than the flow of traffic.

        1. ModernMarvelFan says:

          “Bikes are not exempt from this. They should not expect other cars to wait behind them when they are traveling significantly slower than the flow of traffic.”

          Actually the recent new CA laws does allow that exemption.

          The cars are required to give them minimum of 3 ft in distance and if they can’t pass the bikes safely, they have to wait until they can…

  13. Luca says:

    Have you ever tried spraying an annoying cyclist with a water gun? So funny!

  14. SilverCaboose says:

    Bikes and cars sharing the road is a real problem. I’m all in favor of infrastructure investment to improve access for bikes – ideally in bike-only situations, as bike travel should be encouraged for a huge number of good reasons. I also condemn any acts of violence or endangering of people’s lives when a conflict occurs on the roads.

    But the realist is that people are people, and putting bikes and cars into the same space means that some people will inevitably have some conflicts or some errors due to lapses of attention – with often deadly results.

    If you are a bike rider you’ve seen cars that get angry with you just for being there and intentionally come as close to you as possible. If you are a driver you’ve seen bike riders flaunting the law – the worst has to be the packs of riders in the cities who run red lights while cars are waiting – using their “critical mass” to make their own right of way.

    In this case the road is narrow and in most areas windy and hilly – meaning, passing zones are few. The shoulder area is usually full of stones, etc., so bike riders prefer sticking in the main lane. If you have two abreast the cars behind can go a very long time before having a safe situation with which to pass – especially if there is a lot of traffic coming the other way. The fact that the article noted that a lot of cars passed at once suggests this might have happened. I wouldn’t dream of doing any thing to endanger the bike riders – but I certainly would be furious if I’d had to wait behind them for 5 minutes because they took the whole lane while slowly climbing up hill.

    The solution is probably wider roads. In our neck of the woods a very narrow country road, long overdue for resurfacing but still popular with weekend bike riders for its convenience as a connector, was resurfaced and significantly widened. You might be able to get 5 lanes now, but it’s painted for 2 with a few left turn lanes. This leaves a very wide space for bike riders to safely travel. Very nice considering that grades are up to 17%.

  15. ModernMarvelFan says:

    I am usually NOT fond of bicyclist depsite I bike as well. I have found many of my fellow bicyclists arrogant and failing to obey traffic laws, especially in SF.

    But based on the description of this case, it sounds like it is just a case of “Rich Marin jerk” trying to be an arse in real life again. There are absolutely no need to honk at bicyclist. Even when I don’t like what they do, I don’t honk at them. There is no reason to. Now, granted, showing the “#1 sign” isn’t a nice thing to do on bike but there are no need to take your rage out with your nearly 3 Ton metal cage against a bicyclist.

    There are many nice cars in Marin county combined with money and arrogance ( you can fill in your prefered choices of nice expensive cars), it often make those people feel like they own the road. (Prius drivers in Marin country are even worse).

    I am glad that the driver got caught and now being charged.

  16. Goodbyegascar says:

    I hope the Tesla wasn’t damaged.