This sort of lazy misuse of the word “accident” makes me so mad. From KTLA
Bicyclist Killed in Possible Road Rage Accident.
Seriously, if it was “road rage” then it stands to reason that it was not an “accident”. Why does it make me mad? Because it’s indicative of a far too common apologist attitude when it comes to crimes being committed by automobile drivers. Far too often motorists get away with recklessly, sometimes intentionally, maiming or killing cyclists, pedestrians, motorcylists, and yes, even each other because “it was just an accident”.
The English language is a rich and varied tapestry, full of synonyms with gradated meanings. Stop calling it an “accident” every time a car crashes. I know that the media is careful (for the most part) not to assign or imply blame, but they should also be more careful not to implicitly absolve (alleged) perpetrators of blame which is exactly what the misuse of the word “accident” does.
If you’ve ever doubted that there are two systems of justice in the United States (one for the rich, one for the rest of us), read this story.
The first sentence sums it up nicely:
A financial manager for wealthy clients will not face felony charges for a hit-and-run because it could jeopardize his job, prosecutors said Thursday.
According to District Attorney, Mark Hurlbert:
“Felony convictions have some pretty serious job implications for someone in Mr. Erzinger’s profession, and that entered into it,” Hurlbert said. “When you’re talking about restitution, you don’t want to take away his ability to pay.”
This makes me angry on so many levels that I find it difficult to articulate. Click here to sign a petition urging DA Hurlbert not to drop the felony charges against Martin Erzinger.
I’m still looking for the petition to have Mark Hurlbert disbarred and brought up on criminal charges.
It’s interesting to note that this the same District Attorney who did feel that felony charges were warranted in the case of two women exchanging numbers in the 2009 Leadville Trail 100 mountain bike race.
Cheating at bike racing? Class 6 felony!
Running down a respected doctor, father, and husband and leaving him for dead? Misdemeanor.
Yeah, that seems fair and just.
From an article in the Dayton Daily News:
From now on, whenever a street is scheduled to be built, rebuilt, resurfaced or repaired in the city of Dayton, traffic engineers and planners must consider pedestrians, bicyclists and bus riders as well as cars in their designs.
Adoption of the policy, the first in the region, got top billing in this month’s National Complete Streets Coalition newsletter, released Wednesday, Feb. 17. It will also fulfill a critical requirement in the city’s first application — submitted today — for Bicycle Friendly Community status with the League of American Bicyclists.
Now if they could just get a handle on the almost-daily shootings.
Read the full article here.
What follows is a press release from Ohio Senator Teresa Fedor. I just hope that:
A) The bill passes, and
B) It will be enforced once it does.
I’m dubious about the latter, though. I’ve seen too many reports from states that do have a “3 foot law” where a cyclist is hit by an overtaking motorist, yet no charges are filed against the motorist. Progress is slow, I suppose.
PRESS RELEASE
From State Senator Teresa Fedor
11th Senate District
FOR IMMEDIATE RELEASE Contact: Ursula Barrera
September 23, 2009 (614) 466-5204
Senators Teresa Fedor and Mark Wagoner to Announce Bicycling Safety Bill Local cyclists and Ohio Bicycle Federation Representatives to Attend
Columbus, Ohio — Senators Teresa Fedor (D-Toledo) and Mark Wagoner (R-Ottawa Hills) will announce the introduction of a bicycle safety bill September 28, 2009 at 10:30 on the west lawn of the Statehouse. The legislation will define a safe lateral passing distance of three feet when a motor vehicle passes a bicycle or other non-motorized vehicle. The Ohio Bicycle Federation President, Chuck Smith, will be in attendance to speak in support of the legislation. Local riders and those injured by the failure of drivers to observe a safe passing distance will also be in attendance.
“Cyclists often do not feel safe riding in their neighborhoods or to work because of unsafe distances between cars. We must make Ohio streets safer for our over one million cyclists,” said Senator Fedor.
Senator Fedor, joined by Senator Wagoner for part of the journey, completed her 3rd Annual Bike to the Capitol tour during Bike to Work Week. The ride reinforced the need for bike-friendly communities and safer roads for those who use bicycling as an alternative mode of transportation. The tour took Senator Fedor from Toledo to Columbus over a 3-day period on a “Campaign for Healthy Kids and Communities”. The event was geared toward raising awareness about quality physical and health education standards in schools, alternative means of transportation and bicycle-friendly communities.
For more information on bicycling issues, check out the Ohio Bicycle Federation’s website at http://www.ohiobike.org/
Good news for Ohio cyclists!
Adapted from an e-mail sent by OBF Chair, Chuck Smith:
The Ohio Bicyle Federation’s House Bill 389 Better Ohio Bicycling Bill was approved by the Ohio Senate Wednesday night by a unanimous 33-0 vote. The bill now goes to Governor Taft (ed: and he’s an OBF member!) for his signature.
HB 389 makes the Ohio Revised Code governing bicycle operation conform more closely with the Uniform Vehicle Code, which has been made more bicyclist friendly over a period of several years. With HB 389, the Ohio Revised Code becomes a good framework for bicycle operation throughout our state.
For full information on the bill, go to www.ohiobike.org/hb389info.html.
To keep myself from going off on a wild, frothing at the mouth rant, I’ll just pass this message along (for now). Expect the rant to be forthcoming.
Below is a copy of a message from Dayton Cycling Club president, Chuck Smith.
DCC Friends,
I attach below a report on an appeals court upholding the inadequate punishment for the motorist responsible for the death of cyclist Bob Bachtel. As you remember, Bachtel was killed during the 2004 Calvin’s Challenge in Cedarville, OH.
We in the OBF have passed the article along to the Ohio Right-Of-Way Working Group of which we are a member. This group produced Senate Bill 158 which has been introduced into the Ohio Senate. The bill would make sorely-needed increases in the penalties for right-of-way violations that result in serious injury or death. We are submitting the article for possible use in testimony before the Ohio Senate Transportation Committee.
For more information on the working group and SB 158, go to our OBF web site at:
http://www.ohiobike.org/rightofway.html.
- Chuck Smith
_______________________________________________
APPEALS COURT UPHOLDS SENTENCE OF DRIVER CONVICTED OF VEHICULAR HOMICIDE IN 2004 VEHICLE/BICYCLIST ACCIDENT
The Second District Court of Appeals recently issued a decision on the appeal filed by Bradley Johnson, the driver of the pickup truck who struck and killed Akron cyclist Bob Bachtel on May 1, 2004. Johnson was convicted of vehicular homicide and appealed his sentence which consisted of (1) 180 days in jail (with 120 days suspended), (2) $1,000 fine, to reimburse the Highway Patrol for its investigation costs, (3) $16,175.91 in restitution, (4) 5-year license suspension without occupational driving privileges, (5) mental health counseling, and (6) an unspecified term of community service. The Court of Appeals affirmed the trial court’s sentencing with respect to the jail time, restitution, license suspension, and counseling. However, the court did remand the case for reconsideration on the issues of the fine and community service. The court of appeals found that it was error for Judge Goldie to characterize the fine as reimbursement to a law enforcement agency.
In addition, the court found that Judge Goldie was required to set a specific term of community service. Accordingly, Johnson will be re-sentenced on these two issues; however, the remainder of the sentence will stand.
Bachtel was killed while participating in the Calvin’s Challenge, an ultra-marathon race near Xenia, Ohio. Johnson crossed a double yellow line to pass a group of cyclists who were signaling for a left turn, and struck Bachtel as he was completing his turn. The Highway Patrol also determined that Johnson was traveling in excess of the speed limit at the time of the crash.
So, I’m riding my bike the other day. As a Jeep passes in the opposite direction the driver, apparently enraged by my mere existence, screams at me to:
Get on the fucking bike path!
Hmmm… I’m conflicted. I don’t know whether I want to:
- Explain that in today’s demand driven fuel market, my riding the bike rather than driving helps keep his gas prices down.
- Give him the finger.
- Punch him in the nose.
- Tell him that I’ll do that, as soon as they build a ‘bike path’ from my house to every place I want to go… wait, they already have, it’s called the road, dipshit.
Not being in position to do any of these things, (well, other than giving him the finger, which I resisted the urge to do) I just shook my head and continued on my way, wondering why he was so angry when my presence on the otherwise empty road had in no way, shape, or form delayed, inconvenienced, or indeed, affected him at all. I just don’t understand this sort of random, totally unprovoked, frothing at the mouth anger. It makes you wonder how these morons cope with the genuine annoyances of life.
Sheesh, get a grip… jackass!
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