The bicyclist who was struck by a driver while riding through a
crosswalk near Community Park died from his injuries.
The bicyclist who was struck by a driver while riding through a crosswalk near Community Park died from his injuries.
About 5 p.m. Oct. 23, Rory Tomasello, 22, was riding his bicycle north through the midblock crosswalk on West Edmundson Avenue, west of Monterey Road. Tomasello made it across the eastbound traffic lanes and a vehicle in the left westbound lane stopped for him. He then collided with the front driver’s side fender of a westbound Cadillac SUV driven by a 66-year-old woman traveling in the right westbound lane. He was not wearing a helmet, witnesses said.
Tomasello was disoriented when police and ambulances arrived. Once he was in the ambulance, he passed out and did not regain consciousness again, his mother Kathee Tomasello said.
“A few times his eyes opened, but he never really looked at us,” she said.
Tomasello suffered a fractured skull and brain swelling. He was declared braindead Monday. His organs will be donated, as per his wishes, Kathee Tomasello said.
Morgan Hill Police Chief Bruce Cumming said police are still investigating the accident. No one was ticketed at the scene, for both ethical and common sense reasons, he said.
For one, it’s not clear who was more at fault. Because Rory was riding through the crosswalk instead of walking the bike across, as is local law, it’s not clear whether Rory should be considered a pedestrian, Cumming said. If he were, he had laws protecting him.
If Rory is considered a pedestrian, then two laws may fault the driver, who has not been identified and declined to speak to the Times the day of the accident. The first law states that a vehicle must yield to a pedestrian in a crosswalk. Another law states that if a vehicle is stopped at a crosswalk for a pedestrian, then the driver of any other vehicle should not overtake and pass the stopped vehicle. Cumming said the driver could face failure to stop for a pedestrian or manslaughter charges.
“We have not concluded anything with finality yet. People need to wait for the facts,” Cumming said. “This is not as simple as it looks. The things we do know for sure are we believe he should have dismounted his bicycle, and of course we feel that he should have been wearing a helmet. But also, the driver must yield to a person in the crosswalk.”
Cumming said he wasn’t aware of other problems at this midblock crosswalk, which ushers people using the trail that runs along Llagas Creek across Edmundson. The crosswalk opened with the trail about six months ago, he said.
An updated version of this story was posted Thursday, Nov. 5.
