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Wednesday, December 02, 2009

Drunken driver gets up to 45 years for killing cyclist

All too often, we hear about the injustice the legal system gives bicyclists who are killed or seriously injured when they are struck by a motor vehicle.

In some ways, the sentencing of Kevin Babcock, 44, to 20 to 45 years in prison for killing a 19-year-old bicyclist in Grand Haven, Mich., is a step in the right direction.

And yet, the case reveals many of the problems of the system. The conviction is the fifth drunken driving conviction for Babcock. According to the Grand Rapids Press, Babcock has not had a valid Michigan driver's license since 1993, but yet he had managed to get behind the wheel of a vehicle.

This time, his actions killed cyclist Curtis Jacobs and seriously injured a friend, Christian Van Wyngarden.

According to the newspaper, Babcock was driving on U.S. 31 about 8:30 a.m. June 27 when he went through a stoplight at Quincy Street and hit Jacobs and Van Wyngarden. Babcock admitted to having as many as 20 drinks and court records showed a 0.18 blood-alcohol level, more than twice the legal limit.

Babcock pleaded no contest to charges, including second-degree murder, driving while intoxicated causing death and other felonies. Judge Calvin Bosman issued the sentence and asked Babcock how he would keep drunken-driving offenders off the road. His response?

"I don't have an answer for you sir. I wish I did," the Grand Rapids man was quoted as saying. "I thought I had control over my drinking."

I've been to Grand Haven several times over the years, three times because of the West Shoreline Tour and a few other times while traveling to other parts of the Lake Michigan shoreline, a favorite vacation destination..

Unfortunately, one of those visits included a trip to a Grand Haven emergency room, While I never had an encounter with a drunken driver, a bad driver driving a Cadillac with Florida license plates -- unfortunately, no one was ever able to get license plates -- buzzed by me and a friend extremely closely. That startled her, causing her to fall and causing me to run over her with my bike.

But I know my next trip to Grand Haven will be a bit safer, knowing Babcock won't be on the road for a while.

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Wednesday, August 12, 2009

Metro-east bicycling news

Here's a roundup of recent news involving bicycling in the Illinois counties of the St. Louis Metropolitan Area, commonly known as the metro-east:
  • Bicyclist dies while performing stunts: Jimmy Mullins of Red Bud, Ill., was killed Monday while performing stunts on his bicycle outside the Monroe County Courthouse in Waterloo. Mullins, 27, was known for performing jumps and tricks. Mullins had been performing tricks on a 20-inch Mongoose BMX bike on the lawn of the courthouse when he rode out at a high rate of speed in front of a parked sports utility vehicle and into traffic, Waterloo Police Chief Jim Trantham told the Belleville News-Democrat.

    No charges will be filed against the driver, a Missouri man who was in town on a fishing trip. He was not injured. "It was clearly not the driver's fault," Trantham said. "He could not avoid the bicycle, the way the bicyclist came out."

  • Belleville to get new bicycle trail: It's not a very long trail -- one-quarter of a mile -- but the west end of Belleville is getting its first bicycle trail. Signal Hill Elementary School received a $250,000 grant to build the trail, which will link Foley Drive with Signal Hill Park. The trail is intended to give children safe access to walk or ride their bikes to Signal Hill Elementary and nearby Blessed Sacrament School, the Belleville News-Democrat reported.

  • Work continues on Great River Road trail: The Illinois Department of Transportation is repaving Illinois Route 100 and the adjoining Sam Vadalabene Bicycle Trail between Alton and Grafton. The (Alton) Telegraph reports work will be continuing on the road and trail into October. Detours are being posted when necessary for the bike trail.

  • Calhoun County pursues grant for bike trails: Calhoun County, nestled between the Illinois and Mississippi rivers, is seeking a $20,000 grant for planning bicycle trails. Although the southern tip of the county only about 5 miles from St. Charles and St. Peters, Mo., as the crow flies, the county is relatively isolated because it is accessible from the rest of the St. Louis area only by one bridge across the Illinois River at Hardin and several ferries. Nevertheless, many cyclists have discovered the county because of its rural beauty. With about 5,100 residents, Calhoun County is the third-smallest county in Illinois.

    "We have bicyclists that already ride through the county, and our focus on biking/ hiking trails is on promoting health, economics, and safety of bicyclists and hikers in the county," Dale Hagen, a member of the county’s Calhoun Community Foundation, told The Telegraph. "While a bike trail might not bring in a lot of money from bicyclists right away, it might down the road, as people come to Calhoun County and see its beauty, and that might lead to other things."

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Monday, July 27, 2009

Professor dies as result of RAGBRAI accident

Donald D. Myers, 69, a professor of engineering management at Missouri University of Science and Technology in Rolla, Mo., died Sunday as a result of injuries from a bicycling accident that occurred Saturday during the Register's Annual Great Bicycle Ride Across Iowa, better known simply as RAGBRAI.

The accident occurred outside Geode State Park. Bob Libby, medical coordinator for RAGBRAI, told the Des Moines Register that an Iowa Department of Natural Resources officer reported the crash about 11 a.m. Saturday at the bottom of a hill near the park, roughly halfway through the day’s 43-mile ride that concluded in Burlington.

Cyclists said on Saturday that was the hilliest part of the day’s route. Libby said there were no other cyclists involved in the crash. Myers did not collide with any object, according to reports. Myers was transported to the University of Iowa Hospitals in Iowa City, where he died about 1:30 p.m. Sunday, according to a news release from the university.

A memorial scholarship fund has been established to honor Myers at Missouri S&T. Contributions to the Donald D. Myers Scholarship may be mailed to Missouri S&T at 209 Castleman Hall, 400 W. 10th St., Rolla, MO 65409-0460.

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Thursday, June 25, 2009

Cross-country bicyclist killed in accident

The Belleville News-Democrat reports that a 65-year-old man who was riding his bicycle from California to Washington, D.C., to protest government bailouts was killed Sunday by a suspected drunken driver in a hit-and-run crash on U.S. 50 near Carlyle, Ill.

Jim Gafney left his home in Chula Vista, Calif., on April 27 for his "Mad As Hell Bike Ride Across U.S." with the goal of hand-delivering a petition opposing government bailouts to lawmakers sometime in July. Gafney had completed about two-thirds of his 3,000-mile ride, and collected about 500 signatures, before he was killed about 12:40 a.m. Sunday.

The newspaper reported Gafney spent Saturday near Lebanon, and most likely was riding at night to avoid the heat. He was on U.S. 50 at Diamond Springs Road -- about 60 miles east of St. Louis -- when he was struck by a 1997 Nissan Altima driven by Leon K. Marcum, 27, of Centralia, according to Illinois State Police.

Marcum told police he was driving over a hill and saw Gafney, but was not able to stop. He left the scene and later was arrested near Sandoval.Marcum was charged with aggravated DUI, leaving the scene of a fatal crash and failure to reduce speed. He was being held Wednesday at the Clinton County Jail on $100,000 bail.

The San Diego Union-Tribune account of the accident also quoted Illinois State Police Master Sgt. Chris Trame as saying U.S. 50 in that area is just two lanes with no shoulder, Trame said. He described it as “pretty isolated” and “not well lit.”

“We were so worried. We begged him not to go But he had a mission and he was determined to make that dream come true," Gafney's daughter, Colleen Uhden of Temecula, Calif., told the Union-Tribune about her father's decision to ride in the middle of the night instead of throu

The Southwest Free Press, a publication that was supporting Gafney's ride, hopes to complete Gafney's goal of getting 500 to 1,000 bicyclists to ride to Washington and hand-deliver the petition against the bailout to lawmakers.

Here's the last video Gafney posted on YouTube before he died:


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Saturday, November 15, 2008

Two fatal accidents, two different results

Randy Rasa, the author of the Kansas Cyclist blog, yesterday lamented a Kansas prosecutor's decision not to file felony charges against the driver of a car that struck and killed a lieutenant in the Jackson County Sheriff's Department.

Lt. David Dillon, of Eudora, a deputy for the jail operations division of the sheriff’s office, died in the June 28 accident. Dillon, 44, was off-duty and riding his bike between Lawrence and Eudora when he was struck from behind by a 2003 Oldsmobile driven by Kyle Van Meter, 21, the Kansas Highway Patrol told the Lawrence Journal-World.

Van Meter was distracted both by his car radio and a cell phone, authorities determined.

Jackson County District Attorney Charles Branson did not offer an explanation to the Journal-World about why he did not pursue felony charges, but he recommended the Kansas Highway Patrol issue citations for unsafe overtaking/passing, following too closely and failure to wear a seat belt.

Here's what Randy had to say in his blog post:
Just incredible.

As long as the District Attorney has taken to make his decision, I’d begun to fear the worst, but now that it’s come to pass, I’m simply stunned.

Negligence, readily admitted, and yet no charges. How can this be seen as anything other than a gross miscarriage of justice?
In a Twitter post today, Randy referred to a story in The Coloradoan about Daniel Price, who hit and killed Fort Collins, Colo., cyclist Rebecca Allen with his car in July and pleaded guilty Friday to vehicular homicide under a plea agreement.

On the morning of July 22, Price's car hit Allen, 32, and cycling partner Jennifer Garvey, 36, near the intersection of West Drake Road and Moore Lane. Garvey was injured in the crash.

Price likely will receive eight years in prison, five years mandatory parole and two years of supervised probation under the stipulated sentence. Blood tests showed Price’s blood-alcohol limit was above the legal level for someone old enough to drink, which Price was not at the time of the accident.

By no means am I an expert on Kansas or Colorado traffic law, but I suspect the difference in the two cases was that Price was legally drunk, which frequently leads to a felony charge in fatal accidents.

Unfortunately, the Kansas accident sounds too familiar to the 2006 accident near Urbana, Ill., that killed cyclist Matt Wilhelm. The woman driving the car that killed him had been downloading a cell-phone ring tone at the time of the accident.

The woman wound up only being charged with a traffic offense, but Champaign County State's Attorney Julia Rietz had the guts to explain her reasons for not filing a felony charge of reckless homicide in that case. She said current Illinois state statutes and current case law would not back up a stronger charge in that particular case.

To her credit, Rietz has attmpted to change the law in Illinois. She served on a task force led by Illinois Secretary of State Jesse White that recommended the creation of a charge of negligent vehiclular homicide. Under the proposal, the offense would be classified as a Class 4 felony and will subject the individual to a jail sentence of 1 to 3 years, up to a $25,000 fine and revocation of driving privileges for no less than one year.

As cyclists, pedestrians and motorists, we in Illinois need to remind our legislators and Gov. Rod Blagojevich of the task force's findings and urge them to take action on them.

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Sunday, November 09, 2008

MIssouri man runs for those he lost

A Lee's Summit, Mo., man who lost his father and niece last year when they were struck by a motorist is running in memory of them and to increase awareness of the need to share the road.

Brad Gaunt hung up his bike after the accident and took up running. He and his brother Timothy recently competed in the Chicago Marathon. They dedicated the run in to their father and niece.

“I finally decided I had to do it for dad,” Brad told The Examiner newspaper. “I think he’d be proud of me on a number of levels. If I thought this was something he wouldn’t want me to do, I wouldn’t do it.”

Larry Gaunt, 52, rode with his 14-year-old granddaughter, Sierra Gaunt on Aug. 6, 2007 to begin their training for her first MS 150 Bicycle Tour. William Johnson, 49, was driving his 12-year-old son to football practice along the same road, and his 1983 Chevy pickup struck Larry struck them, killing them both.

Johnson was charged with two counts of vehicular homicide, but a jury earlier this year found Johnson not guilty of the charges.

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Saturday, September 06, 2008

Notes from the Illinois cycling scene

Some random notes about cycling in Illinois:

BRAKELESS BIKES: Last Sunday, the Chicago Tribune wrote about the fixed-gear bike trend, and newspapers throughout the country are picking up the story.

There's just one problem: Riding a bicycle without brakes on streets and highways is illegal in Illinois.

Nevertheless, many cyclists are jumping onto fixed-gear bikes because they see them as a pure form of cycling. Critics say running fixed-gear bikes on the street without brakes are a traffic hazard.

BIKE TRAIL TO CLOSE: Thanks to Gov. Rod Blagojevich's round of state budget cuts, 11 state parks are slated to close, including the Hennepin Canal Parkway State Park, Channahon Parkway State Park, Gebhard Woods State Park in Morris and Illini State Park in Marseilles.

The Hennepin Canal Parkway is a 104.5-mile linear park that spans five counties (Rock Island, Bureau, Henry, Lee and Whiteside). The canal's towpath today is a popular destination for cyclists and is a part of the Grand Illinois Trail.

Ed Barsotti, executive director of the League of Illinois Bicyclists, told the LaSalle News-Tribune that closing the trial could have a devastating impact on northern Illinois tourism. Barsotti told the paper that if the state allows the Hennepin Canal Parkway, which received federal funds for its construction as a bike path, to go into dispair, the federal government could withhold highway funds.

“The Hennepin Canal, also the I & M (Illinois and Michigan Canal), which is affected — that’s a major, major part, a highlight of the trail. And here we are, after making a huge investment. We’re going to lose that,” Barsotti told the paper. “I think the state has put too low of a priority on tourism in Illinois. Bicycling is one part of that, and it’s a growing interest throughout the country.”

The Lockport-based Canal Corridor Association says the Channahon and Gebhard Wood parks are major access points for users of the I&M Canal State Trail, a 61.5-mile trail from Rockdale to LaSalle that uses the old towpath for the I&M Canal, which links the Des Plaines and Illinois rivers.

The canals were built to link the Chicago area to the Mississippi River, ultimately to the Gulf of Mexico. Both became obsolete as barges became bigger and the larger Illinois Waterway, which connects the Des Plaines and Illinois rivers was completed.

The Canal Corridor Association is urging people to contact Blagojevich and state legislators to keep access to the trails open.

The budget cuts don't affect any trails in the metro-east, but they also affect historic sites in our area. Fort de Chartres, the Pierre Menard Home and Fort Kaskaskia, which are on this year's Illinois Great Rivers Ride, will be closed because of the cuts.

ANOTHER ILLINOIS BICYCLE TRAGEDY: This week has not been a good one for Illinois bicyclists. An Illinois man was killed when he was struck by a Kentucky state trooper's car, four Amish men were injured when a motorist struck their bike, and now a 13-year-old Springfield boy was killed Friday night when he was struck by a Jeep.

The (Springfield) State Journal-Register reported the boy was trying to cross busy Veterans Parkway at Lawrence Street. Initial police reports indicate the Jeep, which was driving on Veterans Parkway, had a green light, driving with the flow of traffic and had the right of way and that the boy entered his path.

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Thursday, September 04, 2008

Legendary British cyclotourist Ian Hibell dies

World-renowned cyclotourist Ian Hibell, the author of "Into the Remote Places" and a cyclist who put in more than 250,000 miles cycling the world, survived gun attacks by bandits, tropical ants that nearly ate him alive, mangrove swamps that nearly swallowed him and his bike, chases by rogue elephants and and an encounter a hungry lion.

But Hibell could not survive a Greek hit-and-run driver.

The Times of London reports that Hibell died on the Athens to Salonika highway on Aug. 23, when he was struck by a car apparently involved in a race with another motorist. The driver left the scene but was arrested two days later and charged with causing death by dangerous driving.

The Times credited "Into the Remote Places" for inspiring other cyclists to pack up thier saddle bags and taking off on their own adventures.

One of Hibell's most famous trips was his Trans-America expedition from Cape Horn to Alaska from 1971 to 1973. The video below shows his effort to cross the Darien Gap, a vast swampland that separates Panama from Colombia and North America and South America. This journey was taken before the advent of mountain bike, so he was riding a touring bike



Hibell also bicycled from Europe to the Cape of Good Hope in Africa. The Daily Mail had this to say about his experiences:
He enjoyed the hospitality of an Eskimo princess, a Dyak headman in Borneo, African chiefs and missionaries and once asked for a two-year sabbatical from work -- only to return ten years later.

Ian used over 800 cycle repair kits during his travels and refused to use standard pannier racks for carrying items - insisting instead that custom-made racks be welded onto his Argos bike frames.
Longtime friend Nicola Henderson told the Mail: "At the time (of his death), he was doing what was his lifelong passion of cycle-touring. He had been touring the world more or less continuously for over 40 years."

I'm certain his legacy will live on as new generations of cyclotourists use "Into the Remote Places" as an inspiration.

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Tuesday, September 02, 2008

Kentucky state trooper's car hits cyclists, killing Illinois man

(Note: The original post, based upon an Associated Press report, indicated the cyclist who was killed, Chris Powers, was from the Southern Illinois community of Jonesboro. Powers actually lived in Johnsburg, a northwestern Illinois community.)

The Northwest Herald reports a suburban Chicago man was killed Sunday night when a Kentucky state trooper's car hit him and his cycling companion near London, Ky. The trooper was responding to a non-emergency call

According to a police report, Senior Trooper Christopher W. Roberts was traveling behind a white Plymouth passenger car driven by Ramondo Cabrera-Ceron. According to preliminary reports, the Plymouth apparently stopped in the roadway and Roberts swerved to the right to avoid hitting it.

Roberts' cruiser hit two bicyclists, killing Chris Powers, 26, from Johnsburg, Ill., who died at the scene, Laurel County Coroner Doug Bowling said. The second bicyclist, Kevin Alshouse, 26, from McHenry, Ill., received minor injuries and was treated at the scene. Roberts also was treated for minor injuries.

London is located about 75 miles south of Lexington.

Police still are investigating the accident, but Roberts is not expected to be disciplined, said Don Trosper, a Kentucky State Police spokesman.

“We don’t get disciplined for things that are beyond our control,” Trosper told the Herald.

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Thursday, July 17, 2008

Driver acquitted in deaths of Kansas City-area cyclists

A Jackson County, Mo., jury deliberated for five hours before finding William K. Johnson not guilty of two counts of involuntary manslaughter in the deaths of cyclists Larry Gaunt, 59, and Larry's grandaughter, Sierra Gaunt, 14, the Kansas City Star reported in today's editions.

On Aug. 6, Larry Gaunt was helping Sierra prepare for an MS-150 bike ride, a long-distance ride that benefits victims of multiple sclerosis. The two were cycling on Raytown Road nearing Harry Truman Drive when Johnson’s blue 1985 Chevrolet pickup slammed into their bikes, throwing them to the pavement. Larry Gaunt died at the scene. Sierra died at a hospital.

According to the Star's story, prosecutors considered Johnson's action reckless enough to be considered at tim. They pointed to police calculations that determined that Johnson was going at least 54 mph in a 45 mph zone. They called witnesses who testified that the road was flat, straight and dry. They continually went back to evidence that showed the left lane next to Johnson was completely clear.

A portion of the Star's account is particularly interesting:
That’s what baffled assistant prosecutor Traci Stansell. When Johnson took the witness stand Wednesday, he said he often drove that stretch of road. He knew cyclists frequented it, he said.

He was 960 feet — more than three football fields — away from the Gaunts when he first saw them. And more than 12 seconds passed before he caught up to them. Yet Johnson, a handyman who was taking his son to football practice, agreed that he never moved into the open left lane and never slowed down until slamming on his brakes right before the impact.

Just because Johnson did not move over, that did not make him a criminal, defense attorney Brian Greer argued.

“There is no law requiring operators of motor vehicles to switch lanes of a roadway when there is a vehicle on the shoulder except when that vehicle is law enforcement,” he told jurors.
Greer questioned much of the state’s evidence, especially calculations by police that determined Johnson was speeding. During closing arguments, the Star reported, he said the state took wrong measurements and failed to consider the truck’s weight when computing its minimum speed.

The jury forewoman told the Star that deliberations were divided at times, and that jurors discussed a lesser charge, but came to the unanimous decision on acquittal. When asked what they relied on to reach that decision, she said: “The evidence that we had.”

The Star's story has generated 11 pages of comments as of noon. Most are supportive of the Gaunts, but there are some anti-bike comments thrown in the mix.

The KCBike.Info blog had this to say about the verdict: "Many people will be shocked and upset at the verdict, but it’s important to remember that this case was brought to justice. Unlike most cases in this area, this particular motorist was actually charged with a felony and went to trial. Regardless of the outcome, just the fact that it went to trial is huge step forward for traffic justice in Kansas City."

This afternoon, the Missouri Bicycle Federation made a statement about the verdict on its Web site. It contains interesting comments from Ken Cobb, a lawyer and avid bicyclist who is active in the Johnson County (Kan.) Bicycle Club, including this one: "We don't know if any cyclists were on the jury. We also know that a certain percentage of people don't think that cyclists should be on streets in the first place, which may have been a factor in the jury room, too."

In an earlier post on the St. Louis Regional Bicycle Federation's message board, MoBikeFed Executive Director Brent Hugh said: " I know many of you have been following this case. The verdict shows how far we have to go in Missouri to have a justice system that can address this type of issue."

Here's links to TV coverage of the verdict:

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Thursday, July 03, 2008

Bicycle tragedy in Canada

Daniel Hurtubise had been living with juvenile diabetes (Type 1) since the age of 15. Daniel, 50, and his family had embarked on the Ride of a Lifetime, a cross-Canada fundraising bike trip to raise $500,000 for diabetes research and to show that diabetes doesn’t have to stop people from living an active lifestyle.

Daniel, friend Robert Carrier and two of Daniel's children, Alexandre and Sonia, began their trek June 14 from Vancouver’s Stanley Park. They had a goal of reaching St. John’s, Newfoundland, on Aug. 12.

Sadly, that won't happen. Daniel and Robert were killed Sunday when a passing car hit them, and both of the children were injured. The accident took place on a stretch of the Trans-Canada Highway near Virden, Manitoba.

Daniel, who lived in St. Bruno, Quebec, had survived four episodes of diabetic coma. Nevertheless, he was an avid athlete, a former competitive swimmer who took a sabbatical from his marketing job in Montreal for the fundraising project he dubbed Ride of a Lifetime.

"(Daniel) wanted to inspire young people, to show them that you could live a normal life even if you had diabetes," family friend Françoise Le Guillou told the Globe and Mail newspaper in Toronto.

Robert, who lived in Kelowna, British Columbia. was the retired CEO of a software company. He joined the journey because he also dreamed of cycling across Canada, according to the Montreal Gazette.

The family has asked people to keep Daniel's dream alive by making a contribution to the Juvenile Diabetes Research Foundation. The Foundation and the Hurtubise family have issued statements, which you can read here.

The driver of the Honda Civic that struck the cyclists has not been charged yet, although an investigation continues, the newspapers reported.

You can leave your condolences at the Ride of a Lifetime site and read their accounts of the trip.

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Wednesday, June 11, 2008

Bicyclist killed in downtown Alton

A bicyclist either fell under or rode into a passing tractor-trailer Wednesday afternoon on busy Piasa Street in Alton, Ill., dying instantly of massive head injuries, The (Alton) Telegraph reports.

The victim, Calvin E. Waters, 46, of the first block of East 12th Street in Alton, had been riding a woman's-style, blue bicycle north on the east sidewalk along Piasa Street, just north of West Broadway, at 2:46 p.m. Waters then either rode his bicycle out of the parking lot ingress-egress or "tipped off his bicycle into the street," Alton Police Chief Chris Sullivan told The Telegraph.

The St. Louis Post-Dispatch also reported on the story, but as of this hour, The Telegraph's story is more complete.

Alton police questioned the driver, James D. Thomas, 47, of Washington, Mo., at the Alton Law Enforcement Center, and he underwent tests for presence of drugs or alcohol, the preliminary results of which Sullivan said were negative.

"There was no indication of intoxication or use of a controlled substance," Sullivan said. "There was no apparent fault on the part of the driver."

Thomas was not cited with any offenses as of Wednesday evening.

"It was a straightforward, tragic accident," Sullivan told The Telegraph, based on preliminary findings. "It was clear (Waters) just ran under the truck."

One employee of a downtown Alton business says there's been a lot more bicycle traffic near that intersection. For people unfamiliar with Alton. The Broadway-Piasa intersection is the intersection of U.S. 67 and Illinois Route 100, better known as the Great River Road. The same employee also has noticed more and more motorists are speeding up to beat the red light at that intersection.

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Monday, April 14, 2008

Charges recommended in fatal California crash

From the San Jose Mercury News:
A report by California Highway Patrol investigators recommends that a Santa Clara County sheriff's deputy face criminal charges for smashing his patrol car into a group of bicyclists, killing two of them.

After a month-long investigation, the CHP is suggesting in the report that the Santa Clara County District Attorney's Office file two misdemeanor vehicular manslaughter charges against Deputy James "Tommy" Council, sources told the Mercury News.

If Council were convicted of these charges, the 27-year-old deputy could face up to two years in jail. While no information was available Friday regarding the CHP's rationale for its recommendation, the fact that Council might face misdemeanor charges -- rather than felonies -- suggests investigators do not believe the deputy is guilty of gross negligence such as drunken driving. ... (More)
Prosecutors are reviewing the case.

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Sunday, March 02, 2008

Take the pledge

rogerkramercyclingThe Matt's Law Coalition is still at work attempting to create the stiffer penalties for distracted drivers involved in fatal accidents in Illinois.

The Coalition fell short last year in getting the Illinois General Assembly into creating the offense of Negligent Vehicular Homicide, which would provide stronger penalties than what are not available under Illinois traffic law.

The image above is of a billboard the Coalition put up near Gibson City, Ill., and more are expected to be put up in the Champaign-Urbana area.

The Coalition is named for Matt Wilhelm, who died in September 2006 of injuries suffered when a woman downloading a cell phone ringtone struck his bicycle.

Because Illinois does not have a Negligent Vehicular Homicide law similar to 35 other states, the driver was only charged with improper lane usage, a petty offense with a maximum fine of $1,000. Champaign County prosecutors determined that it would have been difficult to charge the driver with Reckless Homicide because the circumstances did not fit the legal definition of that offense under current Illinois law.

The Coalition is calling on drivers to take a pledge that reads:
I pledge that . . .
  • I will not talk on my cell phone while driving.
  • I will not converse with someone who calls me on a cell phone while driving.
  • By my actions and influence, I will encourage others to drive safely.
My individual choices, when multiplied by those of others, will make the roads safer for all. By honoring this pledge, we will save lives together.
The Coalition has posted a PDF version of the pledge on its Web site, and its encouraging people to sign it and post it where others can see it.

It also has a petition for people living in the Champaign-Urbana area calling for a ban on cell phone usage. The Urbana City Council Study Committee is expected to consider the ban March 24, with action by the full council expected April 7.

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Friday, January 25, 2008

Bicyclist's death ruled an accident

Before sunrise the morning of Dec. 20, 2007, Gerald Bickel was riding his bicycle to work on Illinois Route 111 in Pontoon Beach, Ill. Bickel's ride ended in tragedy when a pickup truck struck him from behind, killing the cyclist.

On Wednesday, a Madison County coroner's jury ruled Bickel's death was accidental.

The accident took place at 5:15 a.m. on a unlit section of Route 111. While the highway is in the village of Pontoon Beach, the roadway is surrounded by trees and farmland.

"It's so dark you can stand on the side of the roadway and you can't see until somebody is right up on you," Pontoon Beach police Capt. Daniel McKinney is quoted as saying in the Edwardsville Intelligencer. "In some instances you can't see anything until they pass you. I myself have traveled the road and not noticed people until it was too late. They were right along side me, and it was totally dark. It's not lit in any way, shape or form except by the moon."

Bickel, a 63-year-old former carpenter, was wearing dark clothing, and his bicycle did not have any reflective material, McKinney told the coroner's jury. He also said the driver of the truck did not see anything until he hit Bickel. Police found no evidence that either man had been drinking or using drugs.

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Friday, December 01, 2006

Woman sentenced in cyclist's death

A 19-year-old Urbana, Ill., woman, Jennifer Stark pleaded guilty Wednesday to a petty offense and was sentenced for actions that led to the death of Matthew Wilhelm, the (Champaign) News-Gazette reported.

Wilhelm, a 25-year-old former Champaign resident, a University of Illinois mechanical engineering graduate working for Caterpillar in Peoria, died on Sept. 8 from head injuries he received Sept. 2 when Stark hit him with her car because she was downloading ring tones to her cell phone instead of paying attention to driving.

Stark received the maximum penalty for the offense, improper lane usage: a maximum sentence of six months of conditional discharge, a form of probation without reporting to an officer; a $1,000 fine; and traffic safety school.

"I can only apply the law I have in front of me, not as I wish it would be," Champaign County Judge Richard Klaus said during the sentencing hearing.

Champaign County State's Attorney Julia Rietz did not file a more serious charge, such as reckless homicide, because she determined the accident that killed Wilhelm did not fit the state's legal definition of recklessness needed to file a felony reckless homicide charge.

Rietz is pushing for the Illinois General Assembly to create a stronger law for distracted drivers. According to a draft of the proposed bill, a person would be guilty of negligent vehicular homicide if "while in the course of operating a motor vehicle, the person's negligent operation of such vehicle is a substantial cause of the death of another person."

Wilhelm's parents, Gloria and Chuck Wilhelm, are continuing their push for the General Assembly to pass the law. The News-Gazette reported that the Wilhelms spent much of Tuesday talking to state representatives and senators and their staffs about the legislation.

The Associated Press picked up the story Thursday, and several Illinois newspapers, including the Belleville News-Democrat, published it in Friday editions.

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