# 6th-grader cyclist run down in San Jose. :(



## wipeout (Jun 6, 2005)

http://www.mercurynews.com/ci_9576185

*(@# #@(&*#@


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## thien (Feb 18, 2004)

Very tragic. Prayers go out to both families.


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## tjjm36m3 (Mar 4, 2008)

I'm having a hard time believing what I am reading. First, it's very tragic something like this had happened, but our society of crime and punishment doesn't seem to be anywhere in existence for this case. Maybe it's bad journalism by the writer not getting the facts straight. But from what I read-- driver, without a driver's license, hit a little girl crossing a sidewalk on her bike; driver doesn't even get a citation even though she doesn't have a driver's licence... am I missing something here? It didn't say who had the right of way, or as if the cyclist ran a red light. I can understand a decision to file criminal charges against the driver could take a bit of time as to gather all the facts and statements from witness, if any. But not even a citation for driving without a license?!! Come on, what is this world coming to!! Sorry to vent, but had a auto accident years ago where the driver didn't have auto insurance or a driver's license, and driver ran away from the scene. He was caught and booked. But a week later, I saw him driving through my neighborhood again. what's this world coming to?

_The determination on whether to file criminal charges against Fierra De Marin - who was not arrested or issued a citation Thursday after the accident - will be made by the Santa Clara County District Attorney's Office once police wrap up their investigation. That process could take up to six months, Sullivan said.

No citations were issued in this case._


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## Dr_John (Oct 11, 2005)

No tjjm36m3, you're not missing anything. I had a similar initial response, wrote something very sarcastic, along the lines of "gee, fortunately the driver wasn't even cited, so now she'll have time to learn how to operate a motor vehicle, and perhaps get around to taking a driver's exam," but decided not to post it. Hey, at least she doesn't have to worry about having her license suspended, since she doesn't have one.

I feel terrible about the kid. I hope this isn't a situation where her wearing a helmet would have helped. Remember when you where in 6th grade, and the last day of school before summer vacation? Could life be any better?


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## RedRex (Oct 24, 2004)

Keep in mind, it would be very easy to deduce from the article that the girl rode her bike off the sidewalk and into the intersection, possibly right in front of a left turning vehicle.

Accidents, unfortunately, do happen.


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## johnny99 (Apr 2, 2004)

RedRex said:


> Keep in mind, it would be very easy to deduce from the article that the girl rode her bike off the sidewalk and into the intersection, possibly right in front of a left turning vehicle.
> 
> Accidents, unfortunately, do happen.


Witness reports say that the child was bicycling in the marked bike lane, not on the sidewalk. The Mercury-News is famous for their shoddy reporting about car-bicycle accidents.


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## Dr_John (Oct 11, 2005)

Not to get this moved to PO, but according to the Mercury News, turns out the driver was an illegal, hence the no license, and will most likely just skip if any charges are (ever) brought.



> The Mercury-News is famous for their shoddy reporting about car-bicycle accidents.


You'd think they would have learned after the shoddy initial reporting on Kristy/Matt.


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## Art853 (May 30, 2003)

Mother of young bicyclist who was killed by SUV driver files claim against San Jose school district

http://www.mercurynews.com/ci_10720738?source=most_emailed


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## Art853 (May 30, 2003)

"De Marin was turning onto Selborn Place, police say, when she struck Breanna. De Marin was initially arrested on suspicion of felony vehicular manslaughter and driving without a license, but was released as the case was investigated. The Santa Clara County District Attorney's Office is reviewing the case to determine whether any charges should be filed."

It's been four months. How long does it take the District Attorney's office to decide if charges will be filed? 

Karen Fuqua, a spokeswoman for the San Jose Unified School District states: 

"We do encourage students to be safe," Fuqua said. "Safety is our No. 1 priority." 

And how about the automobile drivers Ms. Fuqua? 

And the people responsible for the transit planning on school grounds and in surrounding areas? 

Do the students carry all the responsibility for safety?


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## Francis Cebedo (Aug 1, 2001)

Art853 said:


> Mother of young bicyclist who was killed by SUV driver files claim against San Jose school district
> 
> http://www.mercurynews.com/ci_10720738?source=most_emailed



It seems to me that suing the school is a stretchhhhhhhh.

fc


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## wipeout (Jun 6, 2005)

Huh... Wonder how the School District could be held responsible for an unlicensed driver running down a student on a public road...?


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## Leopold Porkstacker (Jul 15, 2005)

LOL! “Fiera” means “b¡tch” en Español, which is why not many Spanish-speaking people ever purchased Pontiac Fieros.

Sorry to hear about YET ANOTHER careless a-hole running down a cyclist.

Everyone on a bike needs to start packing heat so at least they can fire a distress shot as they’re dying.


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## Leopold Porkstacker (Jul 15, 2005)

“Thank you for visiting San Jose Mercury News. We are sorry the article that you requested is no longer available. Please search for this article in our archive search.”

Yeah, it figures.


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## CoLiKe20 (Jan 30, 2006)

wipeout said:


> Huh... Wonder how the School District could be held responsible for an unlicensed driver running down a student on a public road...?


the same way that a home owner is responsible for a well being of a thief inside his home.
the same way that a dry cleaner is responsible for $68millions when it lost your pants.
the same way that fast food restaurants are responsible for your children being overweight.


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