rydabent

Another cyclist killed in Otoe Co Nebraska, the the driver gets off scott free. An 82 year old woman ran down and hit from behind a trike rider flying an 8 foot flag. The County Att has decided NOT to charge the driver since he said--------------"no one should be riding a contraption like that out on the hiway" his actual words. Apparently is you are on a bike and get killed, cyclist lives dont matter.

genec

Can you cite any news source?

Cyclosaurus

Prosecutor will not charge woman in crash that killed cyclist : Journal Star Breaking News

Yeah, it's a sad thing. You can pretty much safely say "I didn't see the bike" anywhere in this country and it will get you off the hook.

howsteepisit

Only off the hook as far as criminality.

genec

Just took a look at what might be the road... 66A outside of Douglas Nebraska... (guessing the state due to the newpaper article...)

Looked at it with google maps...

Farm highway sort of road with no shoulder. Fog lines painted right at the edge of the pavement. Can't tell how wide the lanes are. Didn't see a posted speed limit. Rural area.

Mvcrash

Yep, put the old lady in jail, that will help.

The woman who hit and killed a Douglas cyclist in rural Otoe County earlier this month will not face criminal charges, the county attorney said Monday.

Otoe County Attorney David Partsch said he didn’t find a crime occurred after considering all the factors in the April 16 crash that killed David A. Zech, 58.

He was riding a recumbent tricycle on Spur 66A north of Douglas when he was hit by a minivan driven by 84-year-old Marilyn E. Brennan, also of Douglas.

Zech died later that day at a Lincoln hospital.

Partsch said he talked with other motorists who had encountered Zech and his trike on the road.

“They had encountered it on the road previously and had had trouble viewing it as well” even with the 8-foot flag extending from the back, he said.

“It just was not a safe place to be on that type of contraption,” he said.

rydabent

I called the Otoe Co Att this morning 402-873-9044, and he is sticking to his story. He would not even say if he is asking the Motor Vehicle dept to re-test the woman to see if she should have a drivers license.

rydabent

This incident is of course a hot topic in the local cycling community. As one person pointed out if the authorities wont take away her drivers license, her family should, before she hits a child. A child is no where near as big as a 3 foot wide trike flying an 8 foot flag.

Chris516

Figures, Another 'blame the cyclist' scenario. Compounded by law enforcement's resistance to say/do/determine anything else.

rydabent

Anger is building here in Lincoln among the cycling community. This killing is just the cap stone of other car/bicycle "accidents". A young boy has just got out of the hospital reciently. Among other things he suffered brain damage.

Rollfast

Giving out the phone number of the prosecutor's office in the hope that we will jam his lines is not really going to help. They have protocols to follow to ensure the proper investigation and execution of the judicial process and they aren't going to make a decision based on public opinion, not if they are doing their jobs as they should.

There isn't one single causal connection for all of the incidents. That's why they are called accidents. There is more than one side to anything. And I'm certain that the driver of the car isn't devoid of feelings and remorse about someone losing their life due to an accident with them.

CrankyOne

Well, perhaps. If she was prosecuted and convicted (involuntary manslaughter in NE?) she would likely get home confinement rather than jail due to her age (and that might be an appropriate punishment for many such cases regardless of age). That would help to send a few messages; take your parents car away when they become a danger before they do something like this and end up in home confinement (and you taking care of them every day) and, whomever you are — pay attention when driving and don't hit people because it could happen to you.

Also, we don't know how much her age played in to this. There are hundreds of bicycle riders killed in the U.S. every year in similar crashes by people much younger. I know many rural 82 year olds who are quite sharp (something about their active lifestyle and healthier food I presume).

CrankyOne

+1

CrankyOne

What were the conditions? Any reasonable reason she wouldn't be expected to have seen him like extremely thick fog at night and he had no lights?

ItsJustMe

Stuff like this is the reason I finally gave up and bought a DS500 taillight. There are just too many irresponsible or incompetent drivers on the road, and I ride primarily on roads just like this one - 60 MPH drivers, rural, no shoulders, no bike lanes, 2 lanes. I see stupid every single day.

dynodonn 

I viewed a 60 mph speed limit sign.

Mvcrash

It would be Reckless Manslaughter here in NJ and most likely would fail at either Grand Jury presentment or trial with the facts as they are presently known. I know this is a very touchy subject here on this forum but in my opinion, for what it is worth, the biggest problem is the lack of proper investigations when these things happen. They should be treated as homicides until someone with the proper training, education and experience investigates. All to often the scene is lost to the need to open the road to traffic. once the scene is gone, 90% of your evidence is gone.
I can think of many items of importance that were not reported in the news article, vehicle pre-impact speed/direction, bike pre-impact location (lane), sight distance, lighiting conditions....etc. I'm sure you get my point. To say the old lady was at fault, even with huge flag hanging off the bicycle without the benefit of a proper investigation is wrong. We make decisions without the benefit of all the facts which just makes things worse.

Mvcrash

Actually, the bike rider was lighting a cigarette and swerved in front of the car......Or not....we really don't know.

genec

Eh, just another dead cyclist... they should know better than to ride those contraptions on highways... got what he deserved... should be on a sidewalk somewhere. Roads are for cars.

/sarcasm off

dynodonn 

There are similar roads in my area, they will only get a 45 mph speed limit rating, and I felt, at times, that was too high a speed limit.

dynodonn 

Especially where motorists speeds are nearly equaling the speeds on some freeways, but without the safety provisions

mr_bill

According to a press release, the OCSO responded to the collision at about 1:25 p.m. on County Road 8 near Douglas, about one-fourth-of-a-mile north on County Road L.

David A. Zech, 58, of Douglas was riding a tricycle north on County Road 8 when he was struck from behind by a Dodge Caravan being driven by Marilyn E. Brennan, 84, of Douglas.

Here.

-mr. bill

ItsJustMe

50 MPH here. I drive 50 MPH in my car on these roads. In a couple of miles I will have a lineup of a dozen cars behind me. People are doing 60 at least.

CrankyOne

Interesting that it's mentioned that the tricycle rider wasn't wearing a helmet. He's twice as likely to have been killed by a cause other than by a head injury.

CrankyOne

This is a great point. There's been a huge battle in NYC over this issue as there is often no investigation unless there is a fatality at the scene.