OHP Searching For Driver Who Hit Cyclist on Avery

[heironymouspasparagus]

"He sped up" isnt necessarily speeding but I see where your coming from.

TCSO told The Frontier the "Sheriff's Office is not investigating the matter" but you can be certain the taxpayers will get the bill for the death; just put it on Brewster's tab.
http://www.tulsaworld.com/homepagelatest/tulsa-county-sheriff-s-office-has-paid-million-in-legal/article_c9d15a3a-353f-52b0-9ce3-abb68a158a2f.html

Yeah..."he sped up" meant they were all speeding and he went all "Ricky Racer" on them....from decades of personal experience riding large bore twin engine bikes.

[patric]

And I may be biased from years of FOD's (future organ donors) passing me going 100 MPH+ on the curves of the BA.

Even if he were toting an inflatable member behind his bike it wouldnt excuse the deputy who decided the law didnt apply to him.

[Conan71]

Even if he were toting an inflatable member behind his bike it wouldnt excuse the deputy who decided the law didnt apply to him.

How does the law for u-turns apply to emergency personnel executing their duties?

[patric]

How does the law for u-turns apply to emergency personnel executing their duties?

Of course there are exceptions, but in the real world there are exceptions to the exceptions... failing to do due diligence, acting recklessly or being negligent, etc.

[patric]

The Sheriff's Office said it was conducting an internal review into "alleged discrepancies" in statements that Deputy Titsworth might have made in the wreck's aftermath.

http://www.tulsaworld.com/homepagelatest/tort-claim-alleges-illegal-u-turn-by-tulsa-county-sheriff/article_644fab5e-077e-5f53-89a5-9532f85d642e.html


District Attorney's Office passes on criminal charges against Tulsa County sheriff's deputy in fatal motorcycle crash

http://www.tulsaworld.com/homepagelatest/district-attorney-s-office-passes-on-criminal-charges-against-tulsa/article_707eb9d1-3ab8-52da-8ea2-14ae4bc2abac.html


Oklahoma Highway Patrol Lt. James Loftis testified that Cobie Tyner took an improper evasive action by applying only the rear brake. However, Loftis testified that he had developed that determination based on the assumption that Tyner was an inexperienced rider.

He testified that he developed a different opinion when he learned of the family's statements to media outlets that Tyner had been riding motorcycles since the age of 3, meaning he would know how to properly apply both front and rear brakes.

https://www.tulsaworld.com/news/local/crime-and-courts/justice-for-cobie-tulsan-explains-the-signs-after-his-son/article_552dc697-4fa0-5ccf-9536-372f87a4000b.html

[cannon_fodder]

How does the law for u-turns apply to emergency personnel executing their duties?

Basically, they can ignore traffic laws if they are actually responding to an emergency, they have their lights and/or siren on, and they show due regard for the safety of all persons.  47 OS 11-106


There are some exceptions to the lights/sirens to avoid destruction of evidence, continue an felony investigation, to prevent evasion, or if lights/sirens is more dangerous for some reason. Even then, the duty of due regard for others remains.

§ 11-106 . Authorized Emergency Vehicles
A. The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privilege set forth in this section, but subject to the conditions herein stated.

B. The driver of an authorized emergency vehicle may:

1. Park, or stand, irrespective of the provisions of this chapter;

2. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

3. Exceed the maximum speed limits so long as speeding does not endanger life or property;

4. Disregard regulations governing direction of movement; and

5. Disregard regulations governing turning in specified directions.

C. The exemptions herein granted to the driver of an authorized emergency vehicle shall apply only when the driver is properly and lawfully making use of an audible signal or of flashing red or blue lights or a combination of flashing red and blue lights meeting the requirements of Section 12-218 of this title, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red or blue light visible from in front of the vehicle. This subsection shall not be construed as requiring a peace officer operating a police vehicle properly and lawfully in response to a crime in progress to use audible signals.

D. The exemptions in paragraphs 3 and 5 of subsection B of this section shall be granted to a law enforcement officer operating an authorized emergency vehicle for law enforcement purposes without using audible and visual signals required by this section as long as the action does not endanger life or property if the officer is following a suspected violator of the law with probable cause to believe that:

1. Knowledge of the presence of the officer will cause the suspect to:

a. destroy or lose evidence of a suspected felony,

b. end a suspected continuing felony before the officer has obtained sufficient evidence to establish grounds for arrest, or

c. evade apprehension or identification of the suspect or the vehicle of the suspect; or

2. Because of traffic conditions, vehicles moving in response to the audible or visual signals may increase the potential for a collision.

The exceptions granted in this subsection shall not apply to an officer who is in actual pursuit of a person who is eluding or attempting to elude the officer in violation of Section 540A of Title 21 of the Oklahoma Statutes.

E. The provisions of this section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of reckless disregard for the safety of others.

http://www.oscn.net/applications/oscn/deliverdocument.asp?cite=47+OS+11-106

A dash cam video would go a long way in clearing up the facts in this scenario. 

[patric]

Basically, they can ignore traffic laws if they are actually responding to an emergency, they have their lights and/or siren on, and they show due regard for the safety of all persons. 

Ironic, though, that traffic-related incidents were the leading cause of death for officers in 15 of the past 20 years.
http://www.nbcnews.com/news/us-news/crashes-illnesses-drive-2017-police-deaths-n782541

[cannon_fodder]

Ironic, though, that traffic-related incidents were the leading cause of death for officers in 15 of the past 20 years.
http://www.nbcnews.com/news/us-news/crashes-illnesses-drive-2017-police-deaths-n782541

Driving is one of the most dangerous activities most Americans do.  When coupled with the time spent doing it, it is no wonder that Motor Vehicle Collisions are the #1 cause of accidental death in the United States.  Nearly 38k per year.  https://www.cdc.gov/nchs/fastats/accidental-injury.htm

Police have to drive a lot.  Even if they didn't drive in emergencies and even if they almost always made the best possible choices, it would still be a dangerous part of their job.

[patric]

Basically, they can ignore traffic laws if they are actually responding to an emergency, they have their lights and/or siren on, and they show due regard for the safety of all persons.  47 OS 11-106

There are some exceptions to the lights/sirens to avoid destruction of evidence, continue an felony investigation, to prevent evasion, or if lights/sirens is more dangerous for some reason. Even then, the duty of due regard for others remains.
http://www.oscn.net/applications/oscn/deliverdocument.asp?cite=47+OS+11-106

A dash cam video would go a long way in clearing up the facts in this scenario. 

New trial coming in negligence case after fatal motorcycle crash involving Tulsa County deputy

Tulsa County Sheriff's Deputy Andrew Titsworth made a U-turn on Avery Drive to pursue a motorcyclist who had, according to his radar, been going east at more than twice the legal speed limit of 50 mph.
[Cobie] Tyner, who was following the other motorcyclist in excess of 50 mph, swerved to avoid the deputy's car, which his family argued caused him to cross into oncoming traffic and crash into a Ford Fusion. He died at the scene.

Titsworth testified that, despite activating his emergency lights and pulling out after the first motorcycle in an attempt to stop it, he did not view himself to be in pursuit that day, ultimately explaining that he did not have a chance to decide whether the end result would be a traffic stop or if the driver of the first motorcycle would elude him.
Given Titsworth's testimony, [District Judge Kelly] Greenough decided that pursuit was a fact question for the jury to determine, but the appeals court ruled that Titsworth's opinion was irrelevant because he was operating within the exemptions of what state law clearly defines as pursuit.
https://tulsaworld.com/news/local/new-trial-coming-in-negligence-case-after-fatal-motorcycle-crash-involving-tulsa-county-deputy/article_4717d310-cf31-11ed-bcf7-7719923a3b23.html