T.R | Title | User | Personal Name | Date | Lines |
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1498.1 | Not the first of these sad cases | BUFFO::BUFFO | | Wed Apr 11 1990 17:51 | 20 |
| Greg,
I'm sorry to hear of your father's tragic death.
I read a short article in Velo-News (I believe it was posted last summer)
of a very similar accident in which four experienced cyclists were killed.
As I recall, the accident occurred in Orange County (Laguna Beach?), CA.
The motorist was apparently reaching into the back seat for another cassette
tape when she plowed into the pace line of cyclists. To me, that's
vehicular homicide. If I remember accurately, the motorist was not
cited.
I mention this because I presume that local bike shops or cycling clubs
would have a more reliable record of this accident, and may be able
to advise you about how to proceed. At a minimum, someone should be
keeping track of these tragedies so that legislators and police realize
that these are not isolated incidents.
Hope this helps,
David Buffo
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1498.2 | Try the BCF in the UK...... | IDEFIX::HEMMINGS | Lanterne Rouge | Thu Apr 12 1990 03:48 | 19 |
| My condolences as well, there are too many motorists driving around
unable to see. They believe bikes are invisible, or that they travel at 0 mph
(which means you can pass and stop or pull in or whatever). The STANDARD plea
is "I didn't see him/her". Until the penalties are made stiffer, and made to
stick, this will continue. I suggest anyone involved in this way should have
their license confiscated FOR EVER, they should be fined �10,000 or $20,000
immediately and then be forced to maintain any dependants for the rest of their
lives.
I remember a motorist remarking that "...it was only a cyclist.." when
he knocked a guy off in a UK TT. I know some of us are our own worst enemies
riding with heads down etc, but usually the newspaper reports "... a cyclist
was in collision with a car..." as if the bikie deliberately rode at the car
and tried to kill the driver.
The British Cycling Federation in the UK has a legal department and
has dealt with a very large number of cases. Try getting in touch with them,
maybe via a UK noter.....
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1498.3 | <Not the first and sadly not the last> | AYOV24::RGELVIN | | Thu Apr 12 1990 09:43 | 41 |
|
Greg,
I too am really sorry about the death of your father and amazed
at the attitude of the local authorities. Here in Britain we also
suffer from a severe lack of legislation to protect the cyclist.
We however have practicaly no cycle lanes on the roads which makes
the cyclist all the more vulnerable. In a case that took place only 15
miles from here a driver mowed down a group of cyclists on a training
run killing five. He was drunk at the time and received only a few
years disqualification, this being I believe more for being drunk
in charge of a vehicle than for the deaths of the cyclists.
In Britain the British Cycle Federation is constantly campaigning
for our laws to be brought into line with that of France where it
is a manslaughter offence to kill a cyclist unless the driver can
prove that the cyclist was trying to commit suicide at the time.
I would like to see this happen all over the world as I beleive a lot
of people are deterred from cycling because of the dangers. Governments
are all trying to get on the GREEN bandwagon yet do practically
nothing to encourage the environment friendly of all forms of vehicular
transport.
From the cyclist side I would like to see all cyclists compelled
to make themselves visable at all times (lights, flourescent jackets
etc) and also compeled to wear a helmet. I know helmet wearing is the
norm in the USA but is very rare in Europe.
I have cycled in California on three occasions and found the
provision of cycle lanes far better than here in the UK but still
far short of countries like Holland. However the traffic was really
heavy in some parts and I also found people did not really stick
to the speed limit. However I did feel safer on my travels there
than I ever do when cycling here.
I hope you are successful in your campaign to get the authorities
to change the law concerning cases like this. Your father was in
a cycle lane which to me means it is off limits to cars, except perhaps
in the case of breakdown. Surely then this case should be judged
the same as if she had mounted the pavement (sidewalk) and killed
a pedestrian. I have been in three serious accidents with cars since
I took up cycling and know how hard it is to get justice in these
cases.
If I can be of any help please don't hesitate to ask.
Regards Richard
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1498.4 | | BCSE::DESHARNAIS | | Thu Apr 12 1990 10:32 | 21 |
|
Greg, my deepest sympathies on the loss of your father.
Have you sought the advice of an attorney? It is possible that they can
pressure the authorities to take a more serious look at the case, or
perhaps you can even bring a civil suit against the moron who caused
this. I would definitely give this a try.
While I certainly can't say I know how you feel, I do have an idea of
how frustrating it is to experience a no-action judicial system. More
then once, I have heard drunk drivers or people who were obviously
negligent in some accident getting away free because they knew the cop
or someone else in the system. Sometimes the authorities will "look
the other way" so as to avoid dealing with the red tape. I myself have
been the victim of this sort of mentality.
Take care of yourself, and I wish you the best of luck in this difficult
time.
Regards,
Denis
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1498.5 | Get a good Lawyer | SVCRUS::CRANE | | Thu Apr 12 1990 10:46 | 13 |
|
Absolutely get an Attorny to deal with the Legal aspects of the
case. Only a legal mind can deal with the ins and outs of the legal
system. Even if you cannot get criminal charges brought against
the driver you can make them pay for it in other ways. This is
what law suits are for. You have a Valid reason to go after this
person for what they did. But you have to do it right !
Get a good Lawyer Through a referal service.
Most of all stay persistant and calm when dealing with this matter.
John C.
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1498.6 | Try the local club | ODIXIE::PENN | Joe's Bait & Sushi Shop | Thu Apr 12 1990 11:19 | 13 |
| Greg, I to am sorry for the loss of your Father.
There was almost the same type of case here in Atlanta only the police
did not want the charge the driver. The local bike club put so much
pressure on the DA's and police office that three weeks after the
accident the driver was charged. See if you can get some help and
advice from the local club.
I would then file a civil suit against the driver,
Joe
|
1498.7 | call the LAW? | SUSHI::KMACDONALD | Hat floating? It's MUD SEASON! | Thu Apr 12 1990 11:54 | 9 |
| This is terrible, made (somehow) even worse when they let the idiots go
afterwards. I don't recall any of the previous replies suggesting that
you call the League of American Wheelmen - they get involved in a number
of legislative and legal activities last I heard and have probably had
experience with this sort of thing before... Their number is probably in
here somewhere.
Good Luck & Best Wishes,
ken
|
1498.8 | THE LEAGUE IS THE WAY... | WMOIS::C_GIROUARD | | Thu Apr 12 1990 13:12 | 17 |
| I second the advice on contating the LEAGUE OF AMERICAN WHEELMEN.
They are heavily involved in this stuff and have representatives
inside statehouses and such lobbying for our rights.
The address is:
THE LEAGUE OF AMERICAN WHEELMEN
6707 WHITESTONE ROAD, SUITE 209
BALTIMORE, MARYLAND 21207
The phone# is: (301) 944-3399
My sympathies and good luck. Please let us know what happens
here.
Regards,
Chip
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