January 2, 2011 in City
Paths proliferate for bicyclists, but fatalities haunt region
The death last month of a Spokane bicycle commuter – the third bicycling fatality in the city in less than a year – underscores the stakes in the ongoing transformation of communities into more bicycle-friendly places.
A fourth bicyclist died in North Idaho last summer, making 2010 a particularly deadly year for Inland Northwest riders.
While the number of bicycle commuters in Spokane is relatively small – a study three years ago estimated the number at 0.8 percent of the public – the popularity of two major annual bike events shows the commitment and passion of bike riders in Spokane.
Bike to Work Week in the spring and SpokeFest in September draw nearly 2,000 riders each.
And the FBC bike club’s monthly full-moon ride in Spokane has been going for nearly four years and draws up to 150 riders.
At the same time, police statistics show that bicycle accidents are all too common in Spokane. In 2007, there were 63 accidents involving bicycles, while 2008 and 2009 each had 73 such accidents. In those three years, there were two fatalities of bicycle riders.
Grant Wencel, Spokane’s bicycle/pedestrian coordinator, said the rash of bicycle fatalities and injuries shows a need for education and compliance with laws by both bicyclists and motorists, especially as the city expands opportunities for bicycle riding and commuting.
Learning to share the road is a key concept for both riders and motorists.
“I really feel badly for those families,” Wencel said. “The educational component is something we are aware of.”
The latest victim, Matthew R. Hardie, was struck in October at Fourth Avenue and Lincoln Street at an intersection that is part of Spokane’s newly marked downtown bicycle loop route.
A motorist pulled out in front of Hardie as he was headed north down the Lincoln Street hill. Hardie had the right of way. The motorist was headed east from a stop sign parallel to the new loop.
A $600,000 federal grant last year made the loop possible – one in a series of big improvements for bicycling in the past two years – and the city extended its bike lane miles by 27 percent last year. More bike lanes are planned.
Inattention can have deadly results
Hardie’s death was the latest reminder of the dire consequences of a moment of inattention – either on the part of a driver or a bicycle rider.
“I ride that all the time,” said John Speare, a former member of the city’s Bicycle Advisory Board and a committed bicycle commuter who rides from the South Hill to his job on East Sprague Avenue.
He said Lincoln Street is dangerous at both Fourth and Fifth avenues, where traffic moves through busy intersections controlled only by stop signs.
“You can see how easily it could be anyone,” he said of the fatality. “It’s made me more cautious.”
Despite the risks, Speare and other riders are not about to give up riding. They are responding by paying attention to good bicycling habits such as riding with an array of safety equipment, including a helmet, mirrors, flashers and possibly a safety vest.
In Hardie’s death, police investigators said it appeared the motorist at Fourth and Lincoln committed no crime. The driver was not intoxicated and there was no sign of recklessness, but it will be up to the prosecuting attorney’s office to decide what charges, if any, might be sought.
In the other fatalities, Frank T. Redthunder, 47, was killed when he failed to stop and rode into the path of a driver at Scott Street and Second Avenue on Aug. 15.
In August, Patricia Lambie, 46, was hit on Idaho Highway 41 near Blanchard by a driver who had been drinking and who was given a year’s sentence. She was riding a bicycle in support of a relay race.
Last March, David Squires, 56, was hit while riding his bicycle through the crosswalk on Division at Sprague Avenue. The driver was arrested and charged with vehicular manslaughter and felony hit-and-run.
The four cases taken as a group underline the mix of circumstances involving both motorist and bicyclist error, and that violations as simple as failure to stop or yield can have deadly results.
Eileen Hyatt, a retired schoolteacher, has been educating riders about safe practices through the Bike Buddy Program of the Spokane Bicycle Club. Her best advice: Be visible and predictable.
Hyatt recommends flashers, reflectors and bright clothing. She wears a bright yellow outer jacket.
Riding too close to parked cars is dangerous because drivers don’t know what to expect from the bicyclist and the bicyclist can be injured by a vehicle door that opens suddenly.
Riders should not be afraid of traffic. “Once you’ve established yourself in a lane, you have a right to continue,” she said.
Approaching intersections with caution is another rule. Half of all crashes involving bicycles occur at intersections, she said.
Hyatt also said she would like police to write more tickets for violations by motorists who don’t yield to bicycle riders, and to bicyclists who disobey laws.
Goal to build facilities for different types of riders
The city has spent millions of dollars in recent years improving bicycle facilities, but it’s still just a fraction of about $20 million spent by the city on streets each year.
The new downtown loop on Howard, Fourth, Jefferson, Riverside and Main is just part of a long-range plan to enhance bicycle facilities.
A $600,000 grant paid for signs and pavement markings for dedicated bike lanes as well as markings for shared bike/vehicle lanes, called “sharrows.” It also went for installation of bicycle racks in the downtown area.
In addition to the loop, the city last year added a bike lane on 37th Avenue east of Grand Boulevard and bike lanes on Assembly Street adjacent to the new sports complex at Joe Albi Stadium.
The 4.9 miles of new bike lanes added in 2010 goes with the previously existing 18 miles of bike lanes, bringing the city’s total to 22.9 miles.
Bicycle improvements downtown and in the University District are being guided by a 2009 traffic study by DKS Associates. The study identified Fourth Avenue as an east-west link for bicycle riders downtown.
In addition, the route is proposed to continue east from Howard Street to Sherman Street using Fourth and Fifth avenues and eventually become part of a wider network of marked bicycle routes downtown.
The goal is to build facilities that cater to different types of riders, Wencel said: beginners, youths, commuters and adult recreational riders.
The Centennial Trail may be the best-known recreational trail in the region, but in Spokane the newly paved segment of the Fish Lake Trail southwest of downtown brought a $2 million grant to the city last year and opened miles of new riding opportunities.
Plans are under way to convert the old railway Iron Bridge adjacent to the Centennial Trail into a bike and pedestrian route east of Hamilton Street and north of Trent Avenue, using a $400,000 state recreation grant.
In addition, planning and design work are being done for a pedestrian and bicycle bridge over the BNSF main line on the south side of Spokane’s University District.
Two years ago, Coeur d’Alene completed Prairie Trail as a complement to the Centennial Trail.
Bicycle advocates in North Idaho have their eye on a bigger proposal: connecting the Centennial Trail terminus at Higgens Point on Lake Coeur d’Alene to the Trail of the Coeur d’Alenes near Rose Lake. The route would run near Interstate 90 and then ascend to Fourth of July Pass on forest roads, dropping down the pass along I-90.
If it seems like a lot is being done to benefit bicycle riders, consider the fact that cities such as Portland and Seattle are way ahead of the Inland Northwest in becoming bicycle friendly, Speare and other bike riders say.
To Speare, bike riding is more than a way to get around. Being bike friendly adds to a city’s identity as a place where people care about the environment and are willing to try new ways of living and working.
“To me, it’s not just a bike issue,” he said. “It goes back to the kind of city we want to live in.”

Spokane7


rssp on January 02 at 12:49 a.m.
Let the bicycle-bashing commence. Comments will probably include some of the following themes: “cyclists don’t pay taxes,” “get off the road,” “why don’t you just drive?”, something related to bicycle-registration/licensing, and other poorly thought out arguments.
ChefGus/ John Olsen on January 02 at 6:27 a.m.
As a motorcycle rider for 50 years without an accident.. but with numerous close calls… the Single most important thing to remember is that two wheeled vehicles make no “imprint” on the brain/visual system of automobile drivers.
The safest way to “ride” is to imagine that you are absolutely invisible/not visible… ride your two wheeler with lights and bells and horns… but do not think/believe that you are Seen by automobile drivers even if the look directly at you and make eye contact their brains may have not responded to that input…dr. gus ( an optometrist for 35 years)
opiemuyo on January 02 at 7:51 a.m.
I agree Chef, I rode a Vespa for five years in this town and most of the time wearing a fluorescent green coat with reflective and I had to ride assuming that everyone around me did not see me, and making the assumption that they were unintentionally trying to kill me. This kind of attitude kept me on two wheels. I think our two wheel kin should adopt the same attitude if they are going to ride the same roads with the cages.
ChefGus/ John Olsen on January 02 at 8:01 a.m.
The key word here steve is “Unintentional” … never have i had a car driver agress on me with intent… (Easy Rider is an exception)… Realizing you are invisible to ALL cars is the key to increased safety….. (not wearing black clothes and having your lights on and being willing to use your horn are good ideas too)
“The art of Proficient Motorcycle Riding” is in the Spokane Library and i re read it once a year before I begin my season’s riding… j
Hank Greer on January 02 at 8:15 a.m.
Over the last twelve years I’ve had numerous close calls because vehicle drivers don’t “see” me on a bicycle. It’s something I’ve done twice myself. I glanced to the left, didn’t see any cars coming, started to pull out and suddenly there’s a bike. It was there all the time. I just wasn’t looking for it.
I’ve adjusted my driving habits accordingly. Chef Gus is on the money. Although I dress to be seen, I ride as if vehicle drivers don’t see me. I expect them to turn left across my path, not to stop at intersections as they approach from my right, etc. The strategy works and I’ve avoided getting hit many times.
I also refuse drivers who think they are being nice by stopping and waving me to go when (1) it’s against the law and (2) it creates a hazard for me or other drivers.
It bothers me when I see cyclists violating traffic rules, but it bothers me more when sweeping generalizations of such behaviors are applied to cyclists. I am no more responsible for them than you as a vehicle driver are for a driver who breaks the same rules.
We all want to get where we’re going safely and there’s plenty of roadway we can share to do that. In twelve years I’ve only had one driver purposely move his vehicle into my path. Other than that, it’s been my experience that the vast majority of Spokane drivers not only don’t want to hit cyclists but also find their presence on the road quite tolerable.
lewis8457 on January 02 at 8:42 a.m.
The only thing I have seen that makes bicycles dangerous is they don’t follow the motor vehicle laws. They can ride in and out of traffic they don’t obey stop signs and or lights, they can ride on the sidewalk and or street.
Following some simple laws everyone else on the road has to obey would make it safer.
How can Spokane turn into a poor Asian country with everyone on bikes when winter comes, and many of the gasoline vehicles cannot make it around?
How can a free wheeling bicycle rider adapt to the rigorous schedule of STA?
Thoreau on January 02 at 9:11 a.m.
There’s another “blind spot” in most cars and trucks. It exists behind the arm of the frame that supports the car’s roof - that slender area between the windshield and the side windows. A pedestrian or a biker can disappear behind this part of the car, especially as a motorist is about to execute a turn. As both motorist and biker, I’m sure to always make eye contact when nervous, just to be sure we see each other.
SugarShane on January 02 at 10:00 a.m.
On bike and motorcycle alike, I have been nearly killed many times. People just don’t see you and if they do don’t seem to think that you have any right to be there.
de3 on January 02 at 10:24 a.m.
American Family Physician had a journal article in 2001 where they wrote “Bicycle crashes rank second only to riding animals as a sports- or recreation-associated cause of serious injury” - http://www.aafp.org/afp/2001/0515/p2007.html
Common causes are roadway hazards (pot holes, storm drain grates that catch bike tires, etc), animal versus bike (being chased by a loose dog), and bike versus bike and bike versus car. But cars are not the biggest category of causes.
Doubling the number of regular cyclists will likely double the # of injuries seen by physicians and is an unrecognized (and high) cost of bicycling.
I’ve been seriously injured in the past. But I still ride. Local public policy continues to ignore this aspect of cycling.
rightsideofthestate on January 02 at 11:38 a.m.
Roads are designed to accomodate and are paid for by taxes generated by motorized vehicles. Non-motorized vehicles have no inherent right to public roadways. These are the facts.
soccermomsusie on January 02 at 1:07 p.m.
Rightsideofthestate! Right on!
Sure, the naysayers will point to how, in actuality, a big chunk of our property taxes go to street maintenance, so bicycle riders do pay for the roads, but that is beside the point. There is something unnatural about bicycles and bicycling, something that violates God’s Plan. Maybe it’s the seat or the helmet.
Or maybe, it is bicyclesocialist’s smug attitude that gets to me. Their “Oooohhh, I am so fit. I am lowering your medical insurance premiums by being healthy. I am keeping one more car off the road. I am reducing air pollution (really? smell yourself). I am creating less wear and tear on the road, etc.”
What word keeps cropping up? “I.” That’s what.
I look at bicyclists when they notice my husband’s belly rubbing up against the steering wheel of our Hummer. Hey you smirking Lance Armstrong wannabee, that belly is a sign of God shedding his grace on he! I would take that chaffed up, bruised covenant of God’s grace over any of you lycra laminated leeches!
And if he ever has a heart attack while driving, that abundant abdomen will keep the Hummer going straight and true instead of drifting into you, huffing and puffing in your bicycle lane….
Hmmmm, unless I reach over and hug his fleeting presence, pulling him over to my side.
Excuse me, we need to make a pact right now.
HEAR OUR VOICE!!!!!
Kivaari on January 02 at 2:23 p.m.
Bike paths cost too much. We have less then 1% of communter desiring bike trails. The cost is huge per mile traveled. When Olympia spent over $1.3 million on their paths the bike people said they didn’t want the public to find out. Many of the bike crowd literally expressed their superiority over those that drove cars. Never mind that a 40 mile commute to work isn’t practical. That even in the nice painted bike lanes, people still get run over.
I have nothing against them riding bikes as long as they obey all traffic laws and start looking out for themselves. Just like motorcycle riders, you need to make yourself more visible to automobile drivers. Bright clothes and helmets help a bunch. Don’t run stop signs and expect the car to not hit you.
Don’t ask for special rights.
Kivaari on January 02 at 2:26 p.m.
Lewis, Your remarks on bike riders are excellant.
ChefGus as well.
misjustice on January 02 at 3:04 p.m.
rightsideofthestate on January 02 at 11:38 a.m. Roads are designed to accomodate and are paid for by taxes generated by motorized vehicles. Non-motorized vehicles have no inherent right to public roadways. These are the facts.********
AMEN!
mechBgon on January 02 at 3:07 p.m.
rightsideofthestate, I think you need to review RCW 46.61.755 before parading your ignorance any further. Whether I brought my car with me today or not, I have the right to use the roadway. It’s *my* right, not my vehicle’s right. You might also want to review the U.S. Secretary Of Transportation’s eye-opening remarks. LaHood said:
“Today, I want to announce a sea change. People across America who value bicycling should have a voice when it comes to transportation planning. This is the end of favoring motorized transportation at the expense of non-motorized.”
—from http://fastlane.dot.gov/2010/03/my-view-from-atop-the-table-at-the-national-bike-summit.html
Regarding Spokane: I hope none of the serious long-range plans for cycling facilities revolve around the Centennial Trail.
1. it’s not plowed in the winter
2. it’s closed after dark
3. it’s got very poor line-of-sight in many places
As a place to putter along at 5mph with your kid, it’s OK. As a serious all-weather, all-hours cycling facility that can handle fast cycling traffic, it’s not.
nitro71 on January 02 at 3:25 p.m.
When a bicyclist can ride at the speed limit I’m all for sharing the road with them. Problem is they don’t ride at the speed limit and block traffic. Also in most of Spokane it is legal for them to use the sidewalks. Why would you want to ride on the highway with cars when you can ride on the sidewalk. I also see bicyclist not riding on the shoulder. They would rather block traffic with their slow riding. So we let .8% of the population in Spokane conjest traffic and increase road building costs because they want to commute to work on a bicycle. I’ve ridden bicycles a lot. I stay off the road, ride on the shoulder and use the sidewalks. I also do not desire special consideration when it comes to building roads. Put a shoulder on our roads and call it good.
tomnsahl on January 02 at 3:28 p.m.
Kivaari - following the rules does NOT translate into “special rights” … but then you are an expert on everything …
Thoreau - the “A pillar” is NOT a blind spot! Drivers must be alert to pedestrians and 2 wheelers who do not have a ton of metal around them. Get off the phone, stop multi-tasking and BE ALERT.
As a long time recreational/commuter cyclist who investigated hundreds of car/bike crashes - Spokane is a great place to ride - BUT - we have to ride defensively as Eileen has taught for decades.
In honor of Cooper Jones - PLEASE - share the roads safely!
mechBgon on January 02 at 4:03 p.m.
nitro71, try going 20-30mph down a sidewalk and get back to us on how safe it is. Start by doing it in daylight, then at night, then after a snowstorm.
soccermomsusie on January 02 at 6:36 p.m.
Gramma: “AMEN.”
AMEN!!!!
Thanks for telling bicyclists we don’t care that their property taxes actually go to pay for the roads we drivers use. TOO BAD!
HEAR OUR VOICE!!!!
reservedparking on January 02 at 7:26 p.m.
Cars mixing with bicycles is never a good idea. ‘Sharrows’ are just asking for trouble.
I’ll never deny anyone’s right to ride where they want to, but bike riders, if you can’t keep up with the flow of traffic, then it would be best to either move over or find another route.
greenlibertarian on January 02 at 7:50 p.m.
The twin epidemics of stupidity and obesity will doom this country yet.
liarsinnews on January 02 at 8:02 p.m.
I followed a bic the other day. It was very slippery and sure enough the bic and rider fell on ice. Lucky there was not a car close behind him. I can`t understand bicycles riding on our streets that are so slick. But what do I know.
Dazzeetrader11 on January 02 at 9:20 p.m.
It’s an oddity this absense of common sense frequently displayed by the bike people. Most of these accidents are generated by bikes enforcing their rights to bike in rain sleet or snow. ooooor even riding against raffic..or riding down a hillside going 30-40 mph never even imagining that a 5000 lb hulk might not notice your rights.
One thing is clear,… bikes should require tabs. Another… Riders should be required to pass tests and pay for their licenses. ANother thing…..this is a big one: Bikers need to know what every person with a lick of common sense knows: You can be right/legal and still be dead. Caution always. Bikers…respect the cars you like to mix it up with. If not..proceed knowing that bikers rarely win in a confrontation with autos.
nannette on January 02 at 10:45 p.m.
Gotta love your “bail out the car companies” attitude, so you can drive your pollution and obesity causing social statement of one of the most inefficient vehicles.
A bicycle is one of the most,if not most efficient mode of transportation. Oh, but that’s right you are all too busy with your oh so important places to go and see.
Not only do bicycles and walking not cause pollution,especially in a city like Spokane (one of the highest CO and Radon levels in the country), they can be accomodated safely. Look at other countries around the world and then go gas up after you and “I” bailed out car and oil companies,not to mention, “I’m” paying for health problems of lazy,unhealthy,overweight, but “I have a right to my car” attitude.
I don’t care if you believe you are the only ones who pay taxes for roads. Owning and driving a car is a “privilege” that involves social skills. Bikes are considered, by the rules of the road as a car.But as long as the animosity exists,more bikers and walkers will die.Good for you.
west on January 02 at 11:09 p.m.
How come they don’t argue about biking in Seattle or Portland, like they do in Spokane?
misjustice on January 02 at 11:11 p.m.
Because, west, this is Spokan’t; a cow town with a can not do attitude, unfortunately.
nannette on January 02 at 11:38 p.m.
By the way GRAMMA,
If you really are a grandmother,then you had or have children and/or grandchildren that go or have gone to a public school.
In most states,especially WA property taxes go to public schools. I pay property taxes in WA and ID. I do “NOT” have a child or grandchild that attends a WA public school,but guess what? I still pay money for them,including,paying for public libraries,emergency vehicles,street lighting,etc. If you really want to be your die-hard anarchist,then prove it.
kittyklitzke on January 03 at 1:26 p.m.
Neighbors,
Just wanted to point out that the latest census data shows that 1.9% of people commute by bicycle in Spokane and 2.6% walk, 4% use public transit and 11.3% carpool. But this does not count for the overwhelming number of folks that say they would like to switch modes if they had a safe route. There is a fun chart that shows how people in the NW get around here http://daily.sightline.org/daily_score/archive/2010/10/07/how-your-city-gets-to-work. But MANY more of us would like more safe and convenient options, and to create more safe options we need a well-planned Complete Streets approach.
The heart of this issue about what choices we have for transportation. Many people feel their only safe choice is driving. This is not healthy for our community. We all pay taxes. And out of every dollar spent on gas only about .03 cents stays local (http://mywheelsareturning.com/2010/12/31/annual-chatter-wrap-up/ scroll down for cool dollar graphic). So you are not making a significant contribution to the state of Spokane’s roads when you fill up at the tank.
Whyaretherecars on January 03 at 9:35 p.m.
Let me get this straight. The guy gets killed by a left turning car that had taken his right of way, but no crime was committed? Could someone please explain that to me because I always thought I would be at fault if I didn’t yield and hit somebody while turning left. I would also assume that I would be held liable for such actions and that if I were to kill someone in the commission of said left turn, that I might be found criminally liable.
How did the police come up with a different conclusion? Hate? Distrust of people not in cars?
Oh yes, the Mr. Magoo defense: “I didn’t see him”
I see also that the writer of the article blames cyclists for their deaths. Blaming the victim. Sad.
War on the poor and the carless: Brilliant.
Dazzeetrader11 on January 03 at 11:44 p.m.
West..because the weather is much better on the coast. Biking is more logical IF one wants to use bikes. MOST..the huge majority… don’t. Further though…there’s far more bike-auto mishapps by tenfold in Seattle and PDX. It’s unavoidable as long as stupid, careless people rise…and drive.
Plus the culture is more liberal and socialist:) White persons’ guilt for everything is more rampant. SO they resolve ( their guilt over everything) by trying to ride it away. Doesn’t work. They just ignore it. J…go ride a bike. It might help you.:)
Dazzeetrader11 on January 03 at 11:52 p.m.
Kitty, above, trumpets Complete Streets…as a solution. It won’t work. Was of money is simply social engineering. And…you get to pay for her idea. Verner, Rush and SNyder are out of touch.
They’re trying to spend your money to force you to be like them. THEM…doesn’t follow their own template. What ‘s ok for you isn’t ok for them….but you pay for it. It’s a complete fantasy being forced on Spokane.
Complete Nonsense as our friend Contrarian points out in his blog. Another view….read it. Contrarian’s REAL smart.
http://www.freespokane.net/?p=304
Dazzeetrader11 on January 04 at 12:01 a.m.
Nanette spills forth this
“Look at other countries around the world and then go gas up after you and “I” bailed out car and oil companies,not to mention, “I’m” paying for health problems of lazy,unhealthy,overweight, but “I have a right to my car” attitude.
I don’t care if you believe you are the only ones who pay taxes for roads. Owning and driving a car is a “privilege” that involves social skills”< so does biking dear. But the niker don’t pay. Untill they do, they have no right to complain.
Pay for your bike, pay taxes for it, pay for a proficiency test, apy for your license tabes too Nanette.” OH GOSH! We’re purer than you so we don’t have to pay!!”
Nanette…your logic is absent. because one drives a car doesn’t quite equate to support of those evil companies. This is just fantasy logic. It always gets back to hostility toward those who libs don’t agree with.,
And since when did bike riders have fewer health problems? Got any data on that? And little bit of data to support that thought? Or further, do people who drive to and from have MORE health problems because they drive? Nonsense logic. Nothing is there. No data, no trials, no proof. It’s a “greenie” dream. And it’s plain wrong.
nannette on January 04 at 12:45 a.m.
Daisy,
I’m sorry if I offended you,but I will just point out the following:
#1 Proof reading isn’t necessary,in fact I believe discouraged in blogging. Hence the word,”blogging”.
“<so does=”” biking=”” dear.=”” but=”” the=”” niker=”” don’t=”” pay.untill=”” they=”” do,=”” they=”” have=”” no=”” right=”” to=”” complain.”=”” “pay=”” for=”” your=”” bike,pay=”” taxes=”” for=”” it,=”” pay=”” for=”” a=”” proficiency=”” test,apy=”” for=”” your=”” license=”” tabes=”” too=”” nanette”.oh=”” gosh!=”” we’re=”” purer=”” than=”” you=”” so=”” we=”” don’t=”” have=”” to=”” pay!!”=”” plain=”“ wrong??=”“>
Dazzeetrader11 on January 04 at 1:01 a.m.
That too Nan. EIther I don’t type well or I don’t edit…it’s both.
BUT…the statement stands…tidy typing or not. I think the nikers should be treated the same as drivers and auto.
And…their paths are only as relevant as what we can afford. Verner didn’t get a grant to cut two full auto lanes off.and the bikers didn’t pay for it. Guess who did? Nobody asked…she , Synder and Rush just did it because they could. It’s not like the city couldn’t use the money either. She whines daily..
Nothing wrong with biking as long as the bikers are paying for everything just like cars….and if the rules are followed.
So I must asked, in your retort above, was your point to criticise my typing or was it something else? A point you might make? New information added? Something positive? Please tell me it’s more a typing you’re concerned about.
TK McGuinness on April 30 at 9:31 a.m.
I wish that these would be refered to as “Collisions” not “accidents.” ALL collisions, not just car/bicycle collisions. Somebody is at fault for disregarding a rule. THat is why the collision happened, not by “accident.”