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NEWS > LOCAL


After accident, city assesses mid-block crosswalks
Nov 12, 2009
 By Natalie Everett - Staff Writer

Aspiring playwright Rory Tomasello succumbed to a brain injury last week. He hit his head after being struck by an SUV while riding his bicycle through a mid-block crosswalk on West Edmundson Avenue on Oct. 23.
Photo by: Special to The Times
Traffic engineers are assessing the city's mid-block crosswalks for safety upgrades after a bicycle accident killed a Morgan Hill man last month.

One of the first changes: The city will post a sign directing northbound cyclists who exit the West Little Llagas Creek bike trail to dismount and walk their bicycle across the mid-block crosswalk on West Edmundson Avenue.

Rory Tomasello, 22, was struck by an SUV in that crosswalk on Oct. 23, according to police. Tomasello, who wasn't wearing a helmet, later died from injuries to his brain, police and his family said.

Such a sign is posted about 100 feet from the trail's exit on the north side, visible by cyclists traveling south. But Tomasello was traveling north, and there isn't a similar sign on the south side of the street that, visible by Tomasello if he had exited the trail.

Witnesses didn't say whether Tomasello had exited the trail or which direction he was traveling on Edmundson, Sgt. Jerry Neumayer said.

"It looks as if they first noticed him when he was in the middle of the island," Neumayer said in an e-mail.

City traffic engineer David Giddleson said there were plans to put up a dismount sign on both sides of Edmundson. He didn't know why that didn't happen.

"There's no explanation. We just failed to put one there," Giddleson said. Giddleson said he thought city staff assumed the narrow trail exit would prevent cyclists from riding through the trail exit and into the crosswalk. The passage is obstructed by a chain link fence and a small post.

Tomasello rode in the crosswalk across two lanes of eastbound traffic, according to police. In the left westbound lane, a motorist had stopped for him, witnesses said. But in the right westbound lane, a 66-year-old woman driving a Cadillac SUV did not stop, according to the police report.

Tomasello's bicycle collided with the front left fender of the SUV, which was not speeding, according to police. Neither Tomasello nor the driver were cited at the scene and the investigation is ongoing, police said. Police Chief Bruce Cumming said the driver could be charged with manslaughter. Morgan Hill police will determine whether or not they believe Tomasello was a bicycle rider or a pedestrian, and will forward the results of the investigation - along with any suggested charges against the driver - to the District Attorney's office, Cumming said.

Trumping a recent state law enabling cyclists to ride through crosswalks, city law mandates cyclists dismount and walk their bicycles.

Because the crosswalk Tomasello attempted to cross connects a bike trail, it may be an exception to city law unless there's a sign posted. The municipal code states, "A person may ride or operate a bicycle on sidewalks or crosswalks designated as bicycle paths by the city transportation engineer." The West Little Llagas Trail south of Edmundson is designated as a shared-use path, according to a city map. The trail north of Edmundson has no designation on the map.

"The main issue is that there is no sign posted for northbound (bicycling) traffic," Cumming said. "But just because there's no sign there doesn't eliminate the person's responsibility to dismount. It's certainly a factor. But it isn't really for me to decide. All of this information will be given to the district attorney and they have the authority and obligation to make a decision as to whether or not charges would be made, if any."

The city is working with the water district, which owns the trail property on the south side of Edmundson, to install the dismount sign, which should be up by Monday, Giddleson said.

Meanwhile, staff is assessing the city's other mid-block crosswalks for potential upgrades. The Edmundson crosswalk is only about six months old so it features signs, striping and other features that warn drivers that they're approaching a crosswalk, Giddleson said. Such features are now mandated by the Federal Highway Administration, he said. But the older mid-block crosswalks still have inadequate signs, and the city will upgrade them to meet the recently updated federal standards, he said.


Natalie Everett
Natalie Everett
Natalie Everett is the education and city reporter for The Times. Reach her at (408) 779-4106, ext. 201, or neverett@morganhilltimes.com.

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