My heart goes out to both of these victims. Skateboarders go down the Arlington also and do not stop for the stop signs and endanger other vehicles and people. See them all the time!

As the mother of a skateboarder, who has repeatedly nagged, lectured, and threatened her kid and his friends to NEVER ride on city streets, well-aware of the strong currents of peer-pressure and teen-denial, I read this story with anxiety and a sinking heart. My thoughts (hopes and prayers) are with this kid and his family, and the driver of the car.

He's one of my son's friends.
Please pray for him.

We are praying for this boy. I hope all kids will wise up and wear helmets, not that it would help if they ride on the street like a vehicle, and on the sidewalks, right into the intersection without any thought to oncoming vehicles. Sad, just very sad, for everyone involved. Please follow traffic and safety laws. This includes skaters. You can't argue with physics.

My thoughts are with the young man and his family and also with the driver. I nearly hit a skateboarder on Sacramento who came zipping into an intersection going the wrong way, not wearing a helmet either. Fortunately I caught him in the corner of my eye and slammed on my breaks. It was too close for comfort. Scary stuff. Be careful out there everyone.

This is so sad. From the posting it does not look good. This could be lead to TBI. I will add this child & his family to my prayers. I think the older we get we forget how it's to be a teenager. They just don't get it. Safety is not first for them. Part of is that their brain has not develop fully yet. I have a son and I know he skates down Solano and Marin from the circle in the street and he does not wear a helmet and on top of that it has been at night at times. It drives me crazy. I am afraid of the out come for this young adult, Please keep us up to date.

This story and the other about the student killed on the train tracks make me wonder if the youths involved were wearing headphones. I can recall many times in my youth riding my bicycle all over town with my walkman (that played cassettes) turned up as loud as it would go. I don't recall ever having a close call with a vehicle, but I can recall being on the bike and what some of the songs were that I was listening to. It seems pretty clear to me now where my focus was.

Oh, this is just awful. I live on Tulare near where this occurred. I have two small children and we often cross at this intersection to head towards Solano, and I also use this intersection daily to walk to work, which is on Solano @ Tulare. Twice in the past 6 months my children and I have caused 2 minor car accidents while crossing this intersection during the day. To the city of Berkeley: PLEASE PLEASE PLEASE use this as a tragic example of how dangerous this section of Marin is. Drivers are often going too fast and with the curve in the road it is difficult to see what is happening, especially at night. Something needs to happen to make this section of Marin safer for drivers and pedestrians. My heart goes out to all parties involved.

Update just posted: He's in grave condition.
Story here: http://patch.com/A-q52m

by no means am i blaming the driver under the circumstances here, but i really hope people who drive in the area, esp. solano, take note. i have personally witnessed two accidents on the account of careless drivers. these road are not speedways -- please pay attention to peds in the crosswalks and obey the speed limit! i know you're in rush to meet your friends for sake and sushi but just take it easy, you'll get there.

Please keep the family and the skater in your prayers! He is loved and cherished by many!

We did just get the name from a family friend. The latest story has been updated: http://patch.com/A-q52m

At night, you have to slow down to about 20 mph to give yourself time to see pedestrians there. More lights on the cross walks, less speeding, and less tailgating would really help. If you actually drive at a safe speed there, there is a line of pushy drivers behind you. Sometimes, they pull out and pass in the left turn lane. The entries to the crosswalks are not lit, and are obscured by parked cars and the curve of the road. If you wait safely after entering the crosswalks, the cars stream on by.

Folks drive too fast on Marin, and do not wait for pedestrians to completely cross before continuing on their way. The law is you stop from the time the pedestrian steps off the curb until they step onto the curb on the other side. I have often had drivers just keep going and swerve around me as I crossed at Fresno. It is really scary. That being said, skateboarders and bicyclists need to be aware of their surroundings, wear helmets and follow the traffic laws as well. WE ALL NEED TO SLOW DOWN.

BPD needs to take a page from Albany PD and step up enforcement of all traffic laws, all the time on Marin.
In the meantime good wishes and prayers of healing for all involved in this tragic accident.

Small update, via BPD: The driver in the accident is a 54-year-old Berkeley man: "Alcohol does not appear to be a factor in this collision. The skateboarder is also a Berkeley resident.”

I was almost hit on Marin while crossing in daylight, at a crosswalk, making eye contact with the driver who had stopped for me. The driver behind him didn't think about why that car was stopping and tried to pass on the right. Fortunately I saw him and he slammed on the breaks in time. Still, people drive too fast on Marin and I sometimes feel like I'm taking my life in my hands crossing without a stoplight.

UPDATE, 4:53 p.m.: “From the City of Berkeley Police department (BPD) Traffic Bureau, the preliminary investigation notes that the driver of the Prius was eastbound on Marin, just making a northbound turn onto Tulare. The skateboarder was westbound on Marin when the two collided.”

Terrible story for all. And if I'd been the driver, I'd be devastated. As a bicyclist I'm a maven about wearing a helmet and using lights at night. Why, why, won't skateboarders use the same safety features? (As a commenter said elsewhere, it's time to make helmets and lights and reflective clothing cool.) They're often going much faster than pedestrian speed, and 7 pm is full darkness. I can fully believe that even a car slowing way down to turn (I hope he wasn't speeding through that turn) wouldn't have seen a skateboarder zooming down the westbound incline until it was too late. I constantly see both skateboarders and bicyclists take terrible risks as if they weren't sharing the road with 2-ton vehicles; you may be in the right, but a 2-ton vehicle is going to win. We all need to change how we're navigating our streets, drivers and others alike.

I just noticed the terrible news here that Tyler has passed away. We are adding our prayers and condolences to his family and friends. We know that the void he leaves behind cannot be filled, but his memory will be cherished always. Wishing peace and comfort to all.

My heart goes out to the family and friends of this young man. There is no greater sorrow than losing one so young.

Rich Masterson
This is another lesson. Don't just go walking merrily into a crosswalk, make sure the drivers see you and are stopping for you. Yes the law mandates drivers stop for pedistrians, but if the driver doesn't see you, you'll be injured, maybe seriously, or dead. Don't expect the law to work. Be careful especially at night when it is so hard to be seen.

I don't know if this played a role in this tragic case, but I know that when I drive my Prius, there is a very large portion of my front/side view blocked by the windshield post. I have to make a point of leaning forward to see the crosswalks on either side when I turn or proceed at an intersection, or I will not be able to see if someone is in the crosswalk.

Truth is I have almost gotten hit 2x by prius', relying on my ears too much, I guess. The ears do play a big role in our judgement, although I am good about looking, there is something about trusting our ears that plays a big part. I know for a fact, those two times, seperate incidences, I had a close call, almost hit, because I could not hear the prius. It was as if they appeared from nowhere so suddenly, in my case, and I knew it was the silence that almost got me.

I ended up crying when a family member told me of this last evening. My heart goes out to you.

It was night and I assume the Prius headlights were on. I can't run silent up Main past Santa Fe. I hope we can see who was where when the collision started to take place. I have watched kids and adults on bikes and boards fly out into Marin and I know the sightline is obscured at Ordway. Many close calls day and night. The drivers are going too fast and the side streets provide fast access to Marin. I wonder how careful we would all be if we thought none of the cross streets had stop signs.

A week or so ago, in mid-afternoon, I was stopped at a red light on Martin Luther King in front of the North Berkeley Senior Center (Delaware?). Just as the light changed from red to green, a teenage skate boarder "lanesplit" past me on my right--moving at a quite good clip. He was in between my car and the car on my right when the light changed. The skateboarder made a sharp right turn in front of the car on my right, which would have hit him if the woman in the car had started to drive forward immediately when the light changed to green. I was shocked by the craziness of what this kid had just done. I wondered what would have happened to the woman if she had hit and perhaps killed the skateboarder. She most certainly would not have been at fault, but it might have been difficult to prove that (although if the skateboarder had actually been hit, I would have provided eyewitness testimony). This kid came very close to at least serious injury. It was frightening to me. I don't know any of the details about the Marin Avenue accident, but I can't help but wonder if the skateboarder might not be to blame for what happened in that fatal accident. I have seen skateboarders coming fast down the middle of Spruce Street fairly late at night wearing no lights at all, relying presumably on their ability to get out of the way of automobile traffic. Not a good idea!

What are the requirements for skateboards? I only know about the required helmet until age 18, but other than that, where are they required to ride: midlane, bike lane, sidewalk, nowhere? And lights/reflectors? Are the just free range wheelers waiting until there are enough regulations to make their travel predictable to motorists, cyclists, and pedestrians? I thought there was no legal way to use a skateboard as transportation on a public surface.

http://www.dmv.ca.gov/pubs/hdbk/right_of_way.htm

Pedestrian safety is a serious issue. A pedestrian is a person on foot or who uses a conveyance such as roller skates, skateboard, etc., other than a bicycle. A pedestrian can also be a person with a disability using a …

http://www.dmv.ca.gov/pubs/vctop/d11/vc21967.htm

http://www.berkeleydailyplanet.com/issue/2012-02-03/full_text

the BPD preliminary collision investigation has determined the PCF - Primary Collision Factor as “a pedestrian in the roadway.” Skateboarders are considered pedestrians in the CA. Vehicle Code. Pedestrian on Roadway CVC 21956. (a) No pedestrian may walk upon any roadway outside of a business or residence district otherwise than close to his or her left-hand edge of the roadway.

http://www.peterverdone.com/archive/files/SB_994.pdf

http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0251-0300/sb_264_cfa_20110425_144443_sen_comm.html

http://www.learntorideaskateboard.com/sk8law.php

http://skateboard.about.com/od/events/a/SkatePolitics.htm

http://library.municode.com/index.aspx?clientId=50000 MGO 25.29

http://www.bayareabikeinjuryblog.com/2011/07/woman-hit-by-skateboarder-dies-from-california-pedestrian-accident.shtml

http://www.thecaliforniainjurylawyer.com/blog/skateboard-park-rules-being-eased-by-california-assembly-bill.cfm

http://espn.go.com/action/skateboarding/story/_/id/6871568/capitola-calif-enacts-strict-skateboarding-laws-july-fatality

Thank you Mr. Sharenow. This means no skateboarding in the street. I assume a boarder can not ride in a crosswalk either.
I do not see Ira' Sharnow's comment so I will paste it in here:
Ira Sharenow commented on the article Update: Witness Recounts Aftermath of Major-Injury Crash Involving Skateboard, Prius on Marin
"http://www.dmv.ca.gov/pubs/hdbk/right_of_way.htm Pedestrian safety is a serious issue. A pedestrian is a person on foot or who uses a conveyance such as roller skates, skateboard, etc., other than a bicycle. A pedestrian can also be a person with a disability using a … http://www.dmv.ca.gov/pubs/vctop/d11/vc21967.htm http://www.berkeleydailyplanet.com/issue/2012-02-03/full_text the BPD preliminary collision investigation has determined the PCF - Primary Collision Factor as “a pedestrian in the roadway.” Skateboarders are considered pedestrians in the CA. Vehicle Code. Pedestrian on Roadway CVC 21956. (a) No pedestrian may walk upon any roadway outside of a business or residence district otherwise than close to his or her left-hand edge of the roadway. http://www.peterverdone.com/archive/files/SB_994.pdf http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0251-0300/sb_264_cfa_20110425_144443_sen_comm.html ..........continued

continued......http://www.learntorideaskateboard.com/sk8law.php http://skateboard.about.com/od/events/a/SkatePolitics.htm http://library.municode.com/index.aspx?clientId=50000 MGO 25.29 http://www.bayareabikeinjuryblog.com/2011/07/woman-hit-by-skateboarder-dies-from-california-pedestrian-accident.shtml http://www.thecaliforniainjurylawyer.com/blog/skateboard-park-rules-being-eased-by-california-assembly-bill.cfm http://espn.go.com/action/skateboarding/story/_/id/6871568/capitola-calif-enacts-strict-skateboarding-laws-july-fatality";

Albany ordinance
9-8.2 Roller Skates, Skateboards and Toy Vehicles.
a. No person shall ride upon a skateboard, roller skates, or coaster or propel any such device on the street portion of Marin Avenue, San Pablo Avenue or Solano Avenue or on the sidewalks on Solano Avenue east of Adams within the City limits, except when crossing at a crosswalk.
b. Riding or propelling a skateboard, coaster, or other similar device shall be undertaken in an upright position, and it shall be unlawful for any person to ride any such vehicle on any public street or sidewalk in a prone, kneeling, or other than upright position.
c. No person on a skateboard, roller skates, coaster, toy vehicle, or any such similar device shall grab onto, attach himself/herself onto, or in any way affix himself/herself onto a moving or operating motor vehicle. [17]
http://clerkshq.com/default.ashx?clientsite=albany-ca

Berkeley ordinance
http://codepublishing.com/ca/berkeley/

14.32.060 Regulating the use of skateboards.
Skateboards shall obey all rules applicable to pedestrians, the California Vehicle Code and comply with the following regulations:
A. No age restrictions shall be placed upon skateboard users;
B. Skateboarders shall wear reflecting material and/or light colored clothing when skateboarding after dark;
C. Butt boarding and lying down on skateboards shall be prohibited;
D. Home made ramps in streets shall be prohibited;
E. Sidewalks shall be used for skateboarding where available, and skateboarders will yield the right-of-way to pedestrians;
F. Where sidewalks are not available, the skateboarder will be required to use the extreme left-hand edge of the roadway; facing oncoming traffic;
G. Skateboarders are required to obey traffic laws and vehicles codes set forth in California Highway Patrol’s Skateboard Safety Handbook. (Ord. 5853-NS § 1, 1988)

Considering the ordinances, is their intention such that a skateboarder is always a pedestrian, even when traveling at increased speed in a traffic/bike lane? 9-8.2d indicates this is so, but the provision for a speed which endangers the safety of any person or property did not prevent the collision. Do you think lights should be included now in the ordinance?

On second thought; with the restrictions on pedestrians in the street only being able to access vehicles on the drivers side, not walking in the street, etc., should skateboards be used in the street or not? It can not be "at their own risk" because we just saw one death devastate two families at the very least.

Now what?

What is going to happen post Albany Patch discussion?

There have been multiple traffic related articles and discussions on Patch, but will it have any impact on how bicycles, cars, skateboards, pedestrians, and people using other modes of transportation interact in Albany? Will Albany deal with its pothole problem?

Should some city of Albany committee hold a public listening session and then suggest legislation or an education program to the council?

Berkeley Patch and I are working on an article about safety on Marin. As far as the city's plans... I think folks are still waiting for the completion of the police report to make changes. But hopefully it's been a big wake-up call for drivers, and others on the road alike, so be more vigilant.

Marin avenue has NEVER been safe; upper Marin is a magnet for reckless teens (as I once was) and lower Marin has always been a cluster -- the more recent narrowing of the lanes and lack of additional stop signs/lights has only increased the danger to pedestrians and pedestrian-like means of transportation. Shame on Berkeley and Albany for doing this so randomly and without proper traffic engineering analysis.

After years of traffic engineering studies and modeling, the present configurarion of Marin Ave. was chosen as the safest and most effective. Berkeley was invited to join Albany's plan and extend the new configuration to the Alameda. More than sufficient public hearings were held, notifications were sent city-wide, workshops were held -- everyone was invited to the entire process. Statistics show that Marin Ave. is more safe for both motorists and pedestrians with the current design.

Okay, Peggy McQuaid; care to comment on the fellow who represents both Berkeley and Albany, and how that conflict of interest may have intruded upon the safety of Marin Avenue in its redesign?

A few background documents. Searches find a huge number of documents

http://www.ci.berkeley.ca.us/citycouncil/2006citycouncil/packet/102406/2006-10-24%20Item%2037%20Marin%20Avenue%20Reconfiguration.pdf

http://www.ci.berkeley.ca.us/citycouncil/2004citycouncil/packet/121404/2004-12-14%20Item%2031.pdf

http://www.ci.berkeley.ca.us/citycouncil/2002citycouncil/packet/092402/2002-09-24%20Item%2030.pdf

http://www.albanystrollroll.org/Home/work/marin-street-traffic-calming

Marin Avenue Traffic Calming Measures and Bicycle Lane

Albany Strollers & Rollers was heavily involved in getting the reconfiguration of Marin Avenue to include bicycle lanes on each side of the street to calm speeding traffic along the street. For cyclists, the consensus is that the project has been a great success.

http://berkeley.patch.com/articles/traffic-nightmares-marin-avenue-at-colusa-avenue
Traffic Nightmares: Marin Avenue at Colusa Avenue

"Traffic Nightmares" is a series based on readers' feedback about the worst spots to drive and park in Berkeley. September 1, 2011

http://www.cp.berkeley.edu/LRDP/2020DEIR/4.12_Transportation.pdf
It should also be noted the Marin Avenue / San Pablo Avenue intersection would continue to operate at unacceptable conditions (search under Marin for more details)

http://www.dailycal.org/2012/01/19/woman-collects-170000-from-city-after-hit-by-a-berkeley-police-car/

http://answerpot.com/showthread.php?1250597-Marin+Avenue%2FSanta+Fe+Avenue+intersection+in+Albany+-+improvements+considered+at+Albany+Traffic+and+Safety+Commission+meeting+tonight

http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=48386

http://www.ci.berkeley.ca.us/citycouncil/2005citycouncil/packet/011805/2005-01-18%20PH%20Marin%20Config%20Supplement%202.pdf

possible Google searches
traffic California "Marin Avenue" Berkeley OR Albany site:http://www.albanyca.org/

Finger-pointing never solved a problem. Showing up at city council meetings is better. Presenting good arguments with feasible alternatives based on research and accompanied by supporters is best. A couple of Albany mayors and many city council members will remember me as one of a majority of our neighbors attending meetings for a desperately needed speed hump. It took a while to accomplish, but we now have a speed hump. I think the key to resolving our traffic problems is to find a mutually agreeable solution and using teamwork to ensure that it comes about. Just saying...

What about installing those lights in the road that light up when a ped enters the crosswalk at key spots on Marin and solano ave. I think peds and cars need to have an agreed upon system. There are plenty of issues with this on both sides, the law seems to be moot in many cases. It's hard to cross the street on foot and it's hard to navigate on these roads, also. The skateboarders are going at an insane speed and don't seem to care. We need some guidance and enforcement. More lighting and education for all. I live at peralta and solano and it feels like market street on most days.

First, my sympathies go out to both families and all those impacted by this terrible accident. I've read many of the posts on The Patch and know how many people are deeply saddened.

I believe that only three things would have changed the outcome of this situation. The are:

1. Change Berkeley's code to match Albany's code and prohibit skateboarding on Marin.
2. Add more lighting. Although a skateboarder "facing on coming traffic" (as per the Berkeley code) is in the best position to be seen by a car making a right turn, that same skateboarder is in the worst position to be seen by a driver, at night, making a left turn.
3. Require skateboarders to have more personal lighting and reflective clothing at night.

But most importantly, regardless of any changes forthcoming on Marin, all users of any road should adopt one basic assumption: Pedestrians (lowest in the order), Skateboarders, Bicyclists, and Drivers (in that order) should assume that no one else sharing the road (equal or higher in the order) has seen them until they have some sort of confirmation that this is the case - and act accordingly. And where people feel that the order should be reversed, they are asking for trouble because we cannot change the laws of physics: Remember that the bigger, faster moving, object wins in a collision.

What I'd like to see in the follow-up stories about this tragic accident is how far the Prius's headlamps projected? Only asking because when I was driving a day or so later after Tyler's death along some darkened back roads in CoCo County, I noticed how much of the road in front of me lit up. My vehicle is more than 10 years old and I could not tell if the headlights were brightening the road to a distance of 160 feet or so, which is the distance the headlamps are supposed to project illumination at low beam.

So were the Prius headlamps projecting light up to 160 feet that night that Tyler was killed? If they were, how is it the driver was not able to detect Tyler's oncoming presence at all? And did the driver activate his turn signal before making his turn in front of Tyler?

I spoke with Tyler's mom this week and she told me she had the opportunity to meet with the driver in the crash, and wanted everyone to know what a good man he is.