MassBike Challenges Findings in Kurmann Death
BPD Exonerates Trucker Despite Video Evidence
Today, we are using video evidence to challenge a police investigation that failed to charge a truck driver in the 2015 death of Dr. Anita Kurmann.
We have made the video available to the public here. Please note, that this video may be difficult for some viewers to watch due to the nature of the content. To view the full accompanying documentation to the video, please click here.
The police investigation put 100 percent of the blame on Dr. Kurmann, a renowned endocrinologist killed on Aug. 7, 2015. That morning, a truck driver swept right from Massachusetts Avenue in Boston and turned onto Beacon Street, crushing the surgeon under the rear wheels.
“This video shows this doctor is doing everything right. She is doing everything legally,” said Richard Fries, executive director of MassBike. “The truck driver, having overtaken her, operates without due caution or care, crushes this woman to death, and drives away.”
No charges have been filed against Matthew Levari of New Jersey, the driver of the 18-wheel truck that killed Kurmann. Despite repeated requests to the Boston Police Department to review the investigation no progress has been made.
While this working group of advocates believe the Boston Police did a thorough investigation of the crash, investigators did not do a fair and complete crash analysis. The police report confuses the presence of a shared road marking (or sharrow) as a bike lane. The marking is there primarily to alert motorists of the presence of bicycles. This is all the more reason Mr. Levari should have been aware of Dr. Kurmann on the roadway.
Since 2010 nearly 30 percent of the bicycle fatalities in Massachusetts involved large vehicles.
“We appreciate the challenges of operating a 48-foot truck, especially in an urban environment,” noted Fries. “We realize it is a hard job and an important job. But it comes with a commensurate degree of caution. This video clearly demonstrates that Mr. Levari did not operate with that degree of caution.” MassBike, along with other transportation advocates, are pushing for the passage of An Act to Reduce Traffic Fatalities (H2877/S1905) which is currently in the Joint Transportation Committee on Beacon Hill. The legislation includes calls for improved convex mirrors and side guards on all trucks contracted with the state and for a standardized crash reporting tool to be developed by the state to be used by first responders when cyclists or pedestrians are involved in a crash with a motor vehicle. For a full summary of the bill click here.
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How do you know, or, what makes you think that driver knew she was there?
Do you understand that what you are saying is a lane, the area she was in, was in reality not a traffic lane. No One was supposed to be driving there or using it as a “lane”. It was not a traffic lane.
Do you really feel, as you stated, that it is ok for one group of road users to disregard the rules of the road? Rules that are there to prevent accidents.
Why is it acceptable to you for one group of legitimate road users to be accountable for their actions and the irresponsible actions of others, and another group of legitimate road users to escape that responsibility of their actions?
I don’t even own a motor vehicle, haven’t for nearly 8 years. When I’m not working, I ride a bike, or walk. One of those bikes has been ridden through 48 of our 50 states.
Who in their right mind would on purposely crush someone like that?? I believe he would’ve let her by if he knew she was there. All the stupid laws in the world don’t Trump common sense.
The whole thing is a damn shame and I’ll be damned if this ever happens on my watch.
The truck had passed her, as the video speculated, while going over the bridge two blocks prior. The truck was stopped at a traffic signal, moved forward with traffic after the signal changed, with right turn signal flashing, as Dr. Kurmann overtook the truck on the right.
Both made serious judgment errors. One violated several laws. One did not.
The traffic control device, in this case a bicycle lane and no passing on right law were disregarded. These laws are to prevent accidents and for safety.
Please be more careful. Don’t trust anyone or expect the truck driver to see you when they’re making that wide right turn when you know that’s what they’re going to do. A nice young lady is dead because of it. If only she had stopped. I sure as hell don’t trust any kind motorist and neither should you. We can point fingers all we want, it won’t bring her back. Let’s learn from this!! Please be very diligent and you all have my promise that I will do likewise.
At :26, the bike lane is clearly visible.
At :50, it shows a cyclist in the bile lane.
At 1:15, it shows Dr. Kurmann. Where is she?
In MA, it is illegal to pass on the right unless the vehicle being overtaken is turning left. Dr. Kurmann is clearly attempting to pass on the right. The trucks right turn signal is.flashing.
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter89/Section2
Yes, several laws were violated during this incident.
As cyclists we are rarely in any safe zone on boston streets and must constantly be aware of all traffic around us anticipating any and all possible scenarios . That still does not lay blame in any way on the cyclist. If the city is washing their hands in this and will not prosecute, I hope civil suits happen. There is no way this should go unchallenged ,
we have not solved this yet, as you can see: https://nyc.streetsblog.org/2018/01/23/e-bikes-are-banned-in-nyc-but-crush-a-man-with-an-illegal-big-rig-and-de-blasio-wont-care/