Driver who hit boy on bike not charged

Jen Lawson

Thursday, March 25, 2004 | 11:13 a.m.

The driver who hit and critically injured a 13-year-old boy riding his bike in a crosswalk Monday is not likely to be charged because the boy is partially to blame for the wreck, Metro Police said.

In his preliminary findings, Detective Corey Moon determined that driver inattention and cyclist error both contributed to the accident.

After speaking to officials at the Clark County district attorney's office, police determined that it would be fair to cite either both the boy and the driver, 24-year-old Erin Young, or neither.

Moon is expected to finish his investigation next week.

The crash occurred about 7:30 a.m. Monday on Tropicana Avenue near Sacks Drive. Manuel Cazares was riding his Huffy bicycle across Tropicana from the north side of the street to the west side in a painted crosswalk.

The crosswalk is in the middle of the block and has yellow blinking lights and signs warning drivers to watch for pedestrians.

Vehicles in the two other lanes stopped to allow the boy to pedal across the street.

Young, driving a 2002 Toyota 4-Runner, took her eyes off the road momentarily to reach for her ringing cell phone, police said. When she looked back, the boy was in her path, police said.

She hit the brakes but she wasn't able to stop in time. According to police measurements the boy was thrown more than 110 feet and suffered critical head injuries. It doesn't appear he was wearing a helmet.

If Manuel had been walking his bike in the crosswalk it could be a clear-cut case of driver error, police said, but the fact that he was riding a bike muddies the issue.

According to the Nevada Revised Statutes, bicyclists must obey the same traffic laws as cars.

"Once you're on that bicycle and riding it, it becomes a vehicle and you have to obey laws as if it's a (motor) vehicle," Weigand said, pointing out that motorists can't drive their cars in crosswalks or on sidewalks.

Even so, Weigand said he didn't expect the boy to be ticketed for failure to yield, saying it would be more punishing than necessary.

"He's 13 years old and he was critically injured, and he was in the crosswalk," he said.

Likewise, Weigand said Young "will have to live with this for the rest of her life."

Maggie Saunders, pedestrian and bicycle safety expert at UNLV's Safe Community Partnership, said if the boy had been walking his bike, he probably would have been able to jump out of the path of Young's SUV.

But she said Young passed a car that was stopped at the crosswalk, which is illegal, she said.

"The sad part is, she probably didn't even know she was breaking the law," Saunders said. "You cannot pass (stopped vehicles) until you stop and see why they are stopped."

Erin Breen, director of the Safe Community Partnership, said the driver should be cited for passing the stopped cars.

"It's mind-boggling to me," she said. If Young isn't cited, it "just says you can do whatever you want on the road and nothing will happen to you."

"We have laws on the books that are supposed to protect kids. There has to be some level of responsibility," she said.

When the two other cars stopped for the boy, he had a reasonable belief that it was safe to cross the street.

"Every time we see a pedestrian fatality at a midblock crosswalk you can almost bet that (the pedestrians) thought the drivers were going to stop," she said.

Manuel, his parents and his 9-year-old brother left their apartment around 7:30 a.m. the morning of the accident.

Lorena Gaspar normally drives her son to school but that day he wanted to ride his bike, said Jerry Wiese, attorney for Manuel's parents, Lorena Gaspar and Hector Cazares.

Manuel set off for Courtney Middle School at 5301 E. Hacidena Ave., about a half mile from where he lives. He is in seventh grade.

Moments later the couple noticed police cars on Tropicana and stopped to see what had happened.

"It looked like someone had been hit in the crosswalk. They realized it was Manuel on the ground," he said. "He essentially came out his door and crossed the crosswalk."

They are devastated, Weise said. But they don't blame Young, believing this could happen to anyone.

"They are most concerned with how Manuel is doing," he said.

Hector Cazares and Gaspar work together at a printing company.

The family doesn't have medical insurance, Weise said.

Young has a small insurance policy that they expect to collect to cover the boy's medical expenses, but Weise said the expenses have already exceeded the insurance money they would receive.

An account has been set up at Wells Fargo bank to help the family. The account number is 6604701752.

Weise said he would like to see something done about the crosswalk area where the accident occurred. The speed limit on Tropicana is 45 mph but no one slows down, he said.

"It needs to be made safer," he said. "We're trying to get something done about that location ... I don't think my clients care what it is, a school zone, traffic light or crossing guard."

Children shouldn't have to "cross six lanes of traffic to get to school," he said.