Fatality in D.C.

This post is in response to:


http://groups-beta.google.com/group/...71282c922b3603

First off I'd like to say that I am new to these forums/groups and
could not figure out how to reply under the above posted link so I
created a new thread.

I happened to do a google search on my last name "Axibal" just to see
what would come up, in hopes of finding family members I had never met.
Well, I stumbled across this message board and couldn't help but read
what was posted here on this topic.

Just to clarify, I am replying to the above thread to represent the
"facts" of what happend exactly one year and 11 days from today. The
day my Father Marciano Moises Axibal lost his life.


So in response to a few of the posts in the last topic.....
(fyi to read the entire post from the qouted members below please visit
the link above)

"QOUTE"
Jeremy Parker Jul 31 2004, 7:36 am Wrote:

I live in London UK now, but I lived in or around DC for a quarter of
a century, and frequently rode my bike though 14th and Constitution.
I'm sorry to hear of the fatality of course, but all this talk about
Constitution, or indeed 14 th St, being terribly dangerous sounds
like nonsense to me. It can't have changed that much since I left.
"END QOUTE"

RESPONSE: I'd like to say that the intersection is quite dangerous.
The day after my fathers accident my family (my two sisters and
brother) went to view the scene of the accident. During which time I
myself was nearly struck by a highly annoyed motorist. I might add I
was clearly out of the path of travel, and was indeed in a
parking/vendor area located along the lanes of travel. You mentioned
you lived in DC for a quarter of a century, and rode your bike
frequently. Well, my father/family have lived in northern VA for 21
years now. My father worked in the immediate DC area for the past 11
years minimum, 7 of which he did the same routine which included riding
his bicycle from the park where he parked his truck to his work often
5-7 days a week. While he may not have been wearing a helmet, he did
indeed take extra precautions. Including reflective wear and
additional reflextive stickers he put on his bicycle, he had even
purchased and used a light that mounted on his handlebars.

"QOUTE"
No matter whose fault the accidents get counted as, they are
trivially easy for cyclists to avoid, once they know of the problem.
Just stay out of the "coffin corner" as it's known here.
Fortunately, here in Britain there's no law about staying "as far
left as practicable" - I'm not sure DC has that law, either. Nor
does Britain have any law requiring you to stay in a bike lane if you
don't feel in the mood, though presumably 14th and Const' don't have
bike lanes. Is it light at 5:50am in DC at the end of July? "END QOUTE"

RESPONSE: I don't think that what you were talking about here in your
post really applies. My father was standing/mounted on his bycicle on
the corner of the sidewalk just before the crosswalk. The same
sidewalk that the truck driver blatantly and carelessly "hopped" with
the trailer section of the truck which was deemed to long, and required
a special permit to operate within the DC limits. A permit that the
driver did not posess. The driver was only cited for "jumping" the
curb, not possessing the permit required to operate within the DC area,
and faulty equiptment(securing the load). Take into consideration that
the driver should not have even been behind the wheel of the vehicle,
that he claims he stopped at the red light before proceeding to make
the right hand turn (on red) in which he didn't see my father or the
entire corner he ran over with the trailer of the truck, and witnessess
to support my fathers location I think there is very little, if any
room to place blame on any other than the driver.
================================================== =====================

"QOUTE"
Jym Dyer Aug 12 2004, 11:14 am WROTE:

= The real question isn't whether a report was filed, but
whether anything else occurred afterwards. My admittedly
anecdotal experience is that an actual investigation is rare
and motorists are only rarely cited. It's like pulling teeth
(e.g. pressure from a persistent group of bike activists, or
pursuing a private investigation for a private civil case) to
get anywhere near even the most rudimentary justice.

=v= Claims that the bicyclist "suddenly swerved out of nowhere"
should, in my opinion, be verified with forensics. Instead,
it's accepted as an excuse, no investigation needed, no cites.
"END QOUTE"

RESPONSE: A report was filed, and preliminary investigation was
initiated. As for the follow up investigation, well it consisted of
numerous people I'll list in order of Efforts: My sisters, myself, my
brother, brother in law, our attorney's, DC special investigation unit.
Not only do I feel like the DC police are incompetent, I feel you could
give them a motive, weapon, eyewitness, and video tape and they'd still
find a dead end of it. To give a little more insight, it took numeruos
calls to the special investigations unit, countless messages, and
hours, days, weeks, months of run around. The investigation consisted
of 10 MONTHS!! of run around on behalf of the DC PD. Seven months of
the case file sitting on a desk, litteraly. All the while we were told
that it was being handled by a certain detective, only after further
research in hopes to contact that detective and find out the status of
it we finally got a response from his superior, who informed us that it
was reassigned to another detective, whom we proceded to contact over
the course of the next 2 months, only to find out that HE HAD NO
KNOWLEDGE OF THE CASE BEING REASIGNED TO HIM! If you are keeping
count, that's 9 months before any sort of follow up investigation or
any efforts of reaching a conclusion were taken. All the while our
Attorneys were told that information could not be disclosed while the
investigation was "pending"...

"QOUTE"
US criminal courts tend not to send first offenders to
prison for momentary negligence.


=v= Shouldn't the courts at least send them to *trial* for
such massive negligence?
_Jym_
"END QOUTE"

RESPONSE: You would think so.
================================================== =====================
"QOUTE"
Eric S. Sande Aug 3 2004, 12:30 am Wrote:
We STILL don't know who was exactly where on last Friday morning, but
we do know who was dead and who was alive
"END QOUTE"

RESPONSE: Yes we do. I hope you never have to experience anything of
the sort. That Friday my cell phone was dead. Me and my siblings were
all doing our daily routine (working). My little brother, the youngest
of the four of us, was the first to find out. He heard over the radio
( I often listned to the news on the way to work as well, always paying
special attention to accidents worried about my father) that a
bicyclist had been struck and killed, he knew at that moment from the
description. He was met by a police officer when he got home which
confirmed it. I got home around an hour later. My brother was outside
when I pulled up and I could tell that something was wrong. I was
crying before I even reached the sidewalk from the driveway. I noticed
his car wasn't there and was hoping he was going to tell me he wrecked
it or something ( it was in the shop) although deep inside I knew it
was something more serious from his appearance. That is when he told
me, and I'll never forget it. I wish my brother had not been the first
to find out, and ultimately the one to notify the other three.
================================================== =====================


All that being said, I'd like to say a little about my Father Marciano
Moises Axibal.

My father was very dedicated to all things he did in life. Most
importantly his family. He was born in the Phillippines and later
joined the U.S. Navy and retired after 22 years. He was a very hard
worker and even after retiring from the navy he continued to work a
civillian job. My father was the most dependable and dedicated person
I have ever known. He raised me, my brother, and two sisters on his
own after our parents divoriced. He enjoyed golfing, gardening,
cooking, and playing video games with us (particularly Halo, Galaga).
I am and always will be greatful for the manner in which he raised us.

God Bless you all.

Chris M. Axibal

On 9 Aug 2005 21:08:05 -0700 in rec.bicycles.misc, "C_Axibal"
wrote:

My father was standing/mounted on his bycicle on
the corner of the sidewalk just before the crosswalk. The same
sidewalk that the truck driver blatantly and carelessly "hopped" with
the trailer section of the truck which was deemed to long, and required
a special permit to operate within the DC limits. A permit that the
driver did not posess. The driver was only cited for "jumping" the
curb, not possessing the permit required to operate within the DC area,
and faulty equiptment(securing the load).

I presume that you have contacted an attorney to file a wrongful
death suit? The money may not bring back your father, but it
will punish the idiot driver and his employer.

Chris,

I remember this thread from last year. I am sorry for your loss. From
what you've said, it seems like a clear case, and that your father was
doing everything a cycling commuter is supposed to do. It is a terrible
tragedy when a reckless/negligent person takes the life of someone who
is obeying all the rules. I know there can never be justice in this
case (even if the driver is charged to the full extent of the law), but
I wish you and your family peace and courage to carry on. Thank you for
telling us a little about your father.

Sarah C.