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  1. #1
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    Repeat Offender Fatality

    http://www.dailycamera.com/boulder-c...ws/ci_18314318

    The dump-truck driver involved in a fatal bicycle accident in Lefthand Canyon on Friday was convicted for his role in a high-profile road-rage altercation with a cyclist in the same area two years ago.

    Although the investigation into Friday's crash is still underway, preliminary results show the truck driver -- Christopher G. Loven, 45, of Boulder County -- was at fault because he failed to yield the right of way, Colorado State Patrol Cpl. Eric Wynn said Monday evening.

    A decision has not yet been made whether to charge Loven in connection with the death of Eugene Philip Howrey, 73, of Boulder, Wynn said...
    Details of the previous encounter can be found here.

  2. #2
    Senior Member degnaw's Avatar
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    From the streetview of the intersection, it does seem like a low-visibility turn where a legitimate mistake could have been made. Of course, the driver's history does seem to suggest otherwise.

  3. #3
    24-Speed Machine Chris516's Avatar
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    I hope he gets long prison time.

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    Senior Member Dean7's Avatar
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    How sad.

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    Senior Member Dean7's Avatar
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    Oh and this guy seems like he has a history of violence. It's never good to jump to conclusions, but dang this looks bad.

  6. #6
    Vegan on a bicycle smasha's Avatar
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    this is why it's important to formally complain about incidents and near misses. motorists usually get off too easy when they kill and maim with their cars, but creating a paper-trail of incidents and near misses makes it easier to get stiffer charges and sentencing when things go bad enough that the police investigate.

    if not for the earlier case (and the cyclist who pursued it) this would be "just an accident" but now it's under closer scrutiny by investigating police, and will likely soon be under closer scrutiny by a court.
    "When I see an adult on a bicycle, I do not despair for the future of the human race." - H.G. Wells

  7. #7
    Vegan on a bicycle smasha's Avatar
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    http://www.dailycamera.com/boulder-c...ws/ci_18314318

    the picture of the truck driver... maybe it was really just an accident, and the driver is remorseful. or maybe he's thinking "oh ****! i only meant to scare the guy, now i'm ****ed."

    we'll never really know.
    "When I see an adult on a bicycle, I do not despair for the future of the human race." - H.G. Wells

  8. #8
    Senior Member Dean7's Avatar
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    Quote Originally Posted by smasha View Post
    http://www.dailycamera.com/boulder-c...ws/ci_18314318

    the picture of the truck driver... maybe it was really just an accident, and the driver is remorseful. or maybe he's thinking "oh ****! i only meant to scare the guy, now i'm ****ed."

    we'll never really know.
    I saw the picture and thought the same thing. He could be super remorseful or could just be 100% selfishly thinking about how screwed he is. Or both.

  9. #9
    Senior Member Dean7's Avatar
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    By the way: the comments on that news site = I want to shoot myself in the face now.

  10. #10
    Senior Member mikeybikes's Avatar
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    Quote Originally Posted by degnaw View Post
    From the streetview of the intersection, it does seem like a low-visibility turn where a legitimate mistake could have been made. Of course, the driver's history does seem to suggest otherwise.
    I recall that intersection, having driven through it numerous times. If you don't exceed the 35mph speed limit, the sight lines are actually quite good. Someone turning left on to Olde Stage from Lefthand has no excuses for hitting someone.
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  11. #11
    Cycle Year Round CB HI's Avatar
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    If he voluntarily gives up driving, it is this one.
    Quote Originally Posted by smasha View Post
    maybe it was really just an accident, and the driver is remorseful.
    If he continues driving, especially the dump truck, it is this one.
    Quote Originally Posted by smasha View Post
    maybe he's thinking "oh ****! i only meant to scare the guy, now i'm ****ed."
    Land of the Free, Because of the Brave.

  12. #12
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    Quote Originally Posted by mikeybikes View Post
    I recall that intersection, having driven through it numerous times. If you don't exceed the 35mph speed limit, the sight lines are actually quite good. Someone turning left on to Olde Stage from Lefthand has no excuses for hitting someone.
    Yes, I agree. Even from Google Streetview, it's clear that the motorist would have had a unobstructed view of the approaching cyclist.

    I doubt he'll be charged with a crime.

    I hope the dead bicyclist's family sues the motorist's employer for millions, and wins. Then perhaps the motorist will become unemployed due to being too much of a liabilty to his employer. And, perhaps this will lead to him never operating large vehicles again.

    I think the penalty for killing a bicyclist with a motor vehicle in the USA, even without mens rea, should be that you have to pedal a bicycle everywhere you go for the next year. With this penalty in place, no motorist would ever dare drive close to a bicyclist.
    Last edited by seeker333; 06-24-11 at 04:09 PM.

  13. #13
    Senior Member exile's Avatar
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    I really don't want Colorado State Patrol Cpl. Eric Wynn investigating this case:

    ...preliminary results show the truck driver -- Christopher G. Loven, 45, of Boulder County -- was at fault because he failed to yield the right of way, Colorado State Patrol Cpl. Eric Wynn said Monday evening.
    A decision has not yet been made whether to charge Loven in connection with the death of Eugene Philip Howrey, 73, of Boulder, Wynn said.
    The Camera reported in 2009 that Loven was ticketed on suspicion of reckless endangerment after a cyclist said Loven used his truck to push him into oncoming traffic near Lee Hill Drive and Olde Stage Road. A witness confirmed the cyclist's account.
    Wynn said investigators will use evidence only from Friday's crash in making a determination of fault. "These are two separate incidents," Wynn said Monday. "You can't hold someone accountable in one case for something that happened in another case."
    Does this mean the drivers previous conviction of "reckless endangerment" involving a cyclist not be considered ?
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  14. #14
    Faster than yesterday
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    I recall that intersection, having driven through it numerous times. If you don't exceed the 35mph speed limit, the sight lines are actually quite good. Someone turning left on to Olde Stage from Lefthand has no excuses for hitting someone.
    Yep. Plenty of visibility there. I've ridden there a few times. It's weird hearing about someone dying in a place you like to ride.

  15. #15
    Vegan on a bicycle smasha's Avatar
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    Quote Originally Posted by exile View Post
    Does this mean the drivers previous conviction of "reckless endangerment" involving a cyclist not be considered ?
    officially, the previous incident cannot be considered as part of the investigation or any criminal case. unofficially, i expect that it would influence the outcome of the investigation (whether or not charges are filed, what charges are filed) and any criminal case (if not the verdict, it would likely influence the sentencing).

    in other words... if the investigations shows that it's "just an accident" then it may end there... but if they find fault with the truck driver, they're likely to unofficially consider his record and bump up the charges a notch. in either case, this incident investigation will be limited to an investigation of this incident. that's the difference between an incident investigation in civil society and an inquisition by an angry mob.

    in any case, his previous record will certainly count against him in a civil case (assuming that's pursued)... and i'd hope that leaves him with not enough money to renew his driver's license.
    "When I see an adult on a bicycle, I do not despair for the future of the human race." - H.G. Wells

  16. #16
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    As a cyclist, regardless of who's at fault, you want to protect yourself from being clobbered by a left hand turn. you never know what idiot is too distracted to notice you coming down the road. Many times, drivers can't determine how fast a cyclist is going too and think there's plenty of time to turn. Some of the things I do when approaching a vehicle that's waiting to turn left in front of you:

    - Take the lane. Unfortunately, drivers don't look at the bike lane too much when looking for oncoming vehicles.
    - Slow down if the sun is behind you or if their windshield looks dirty or if it's wet or if you can't see inside of their car
    - Expect to hit the brakes any second (hands on both brakes)
    - Sit up to look bigger and more visible
    - If a vehicle in front of you is blocking you from being seen clearly, stay in the left side of the lane if you're taking the lane

  17. #17
    Senior Member rekmeyata's Avatar
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    Quote Originally Posted by degnaw View Post
    From the streetview of the intersection, it does seem like a low-visibility turn where a legitimate mistake could have been made. Of course, the driver's history does seem to suggest otherwise.
    Great map, but I'm trying to figure it out. Is the pink circle with the A inside representing the rider when he was struck and the dull yellow line the path of the truck? Or is that stuff just meaningless?

  18. #18
    Senior Member rekmeyata's Avatar
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    Quote Originally Posted by adamtki View Post
    As a cyclist, regardless of who's at fault, you want to protect yourself from being clobbered by a left hand turn. you never know what idiot is too distracted to notice you coming down the road. Many times, drivers can't determine how fast a cyclist is going too and think there's plenty of time to turn. Some of the things I do when approaching a vehicle that's waiting to turn left in front of you:

    - Take the lane. Unfortunately, drivers don't look at the bike lane too much when looking for oncoming vehicles.
    - Slow down if the sun is behind you or if their windshield looks dirty or if it's wet or if you can't see inside of their car
    - Expect to hit the brakes any second (hands on both brakes)
    - Sit up to look bigger and more visible
    - If a vehicle in front of you is blocking you from being seen clearly, stay in the left side of the lane if you're taking the lane
    This is very good info, it's the same stuff I practice too. When riding a bike sometimes you just have to slow down and play it safe rather then just charge on thinking someone saw you; I know that may bother some of you who just want to go fast and don't want to ruin a training ride by slowing down.

  19. #19
    Senior Member exile's Avatar
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    Quote Originally Posted by smasha View Post
    officially, the previous incident cannot be considered as part of the investigation or any criminal case. unofficially, i expect that it would influence the outcome of the investigation (whether or not charges are filed, what charges are filed) and any criminal case (if not the verdict, it would likely influence the sentencing).

    in other words... if the investigations shows that it's "just an accident" then it may end there... but if they find fault with the truck driver, they're likely to unofficially consider his record and bump up the charges a notch. in either case, this incident investigation will be limited to an investigation of this incident. that's the difference between an incident investigation in civil society and an inquisition by an angry mob.

    in any case, his previous record will certainly count against him in a civil case (assuming that's pursued)... and i'd hope that leaves him with not enough money to renew his driver's license.
    Thanks Smasha . My worry is that the cop who conducts the investigation will not take the drivers previous record into account even if the investigation turns up inconclusive.

    Its like when cops arrest someone for prostitution or soliciting prostitution. They don't see the act, but always ask if the person has been arrested before. If they have been the cop usually issues a summons and let the court handle the rest.
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  20. #20
    Senior Member mikeybikes's Avatar
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    Quote Originally Posted by exile View Post
    Thanks Smasha . My worry is that the cop who conducts the investigation will not take the drivers previous record into account even if the investigation turns up inconclusive.

    Its like when cops arrest someone for prostitution or soliciting prostitution. They don't see the act, but always ask if the person has been arrested before. If they have been the cop usually issues a summons and let the court handle the rest.
    Legally, they cannot take the driver's previous record into account, and ethically, they should not. If there is not enough evidence to file criminal charges, then they should not.
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  21. #21
    Senior Member mikeybikes's Avatar
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    Quote Originally Posted by rekmeyata View Post
    Great map, but I'm trying to figure it out. Is the pink circle with the A inside representing the rider when he was struck and the dull yellow line the path of the truck? Or is that stuff just meaningless?
    Meaningless, added on by Google.

    http://goo.gl/maps/7pFj

    A better view of the map. Cyclist would have been traveling east, turning north. Truck driver would have been traveling south, turning south on to Olde Stage Road. Truck driver would have to legally yield to cyclist.

    Again, sight lines are very clear at this intersection.
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  22. #22
    Senior Member degnaw's Avatar
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    Quote Originally Posted by rekmeyata View Post
    Great map, but I'm trying to figure it out. Is the pink circle with the A inside representing the rider when he was struck and the dull yellow line the path of the truck? Or is that stuff just meaningless?
    As Mikeybikes noted, it's meaningless. I'll add that from the perspective of the link, the truck driver would be coming from this side turning towards the left, and the cyclist would be coming from the right towards us (the camera).

  23. #23
    Senior Member exile's Avatar
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    Quote Originally Posted by mikeybikes View Post
    Legally, they cannot take the driver's previous record into account, and ethically, they should not. If there is not enough evidence to file criminal charges, then they should not.
    Perhaps I've watched to much Law & Order, but don't they usually takes someones previous record into account? Don't get me wrong mikeybikes I'm not arguing with you. I just find it hard to grasp that the severity of the first incident regarding this driver shouldn't come into play when examining a 2nd incident.

    I'll give a second example. Suppose someone gets pulled over for speeding 10 miles over the posted speed limit. Isn't there some leeway as far as a cop issuing a ticket or a warning? However if the cop runs the license and it shows that the person was stopped 1 month before doesn't that sway there decision? If previous offenses shouldn't be taken into consideration then why would the cop even check the license?
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  24. #24
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    I am going to draw some flames with this one, but as a cyclist (motor or pedal) it is up to you to not *let* other people hurt you. It doesn't matter who had right of way, who was driving legally or illegally, who was paying attention or not. In an altercation with a car or truck the cyclist will lose, you will be the one dead or in the hospital and the car driver will feel bad about it.

    When I ride I expect people to drive stupid, I expect people to try and hurt me, I think and plan so I don't let them. When I ride I always watch for escape routes and plan for the car drivers to do the absolute worst thing they can. This has saved my bacon on countless occasions.

    I yield my legal right of way almost daily to motor vehicle drivers. It pisses me off but not as much as looking at a traction bag hanging from a post over my bed would.

    Yes, I do report as many details as I can to LEO when I am assaulted by a motor vehicle, so far nothing has ever come of it. Unless LEO witnessed this "accident" I doubt anything will come of it. It is the drivers word against the word of a dead guy.

    Ride safe, protect yourself, don't expect the other guy to follow the rules. I have few enough friends and riding buddies, I don't want to lose any more. If you want to absolutely insist on your road rights then feel free to take them, but be prepared to complain from your hospital bed that it was someone else's fault.

  25. #25
    Vegan on a bicycle smasha's Avatar
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    Quote Originally Posted by exile View Post
    I'll give a second example. Suppose someone gets pulled over for speeding 10 miles over the posted speed limit. Isn't there some leeway as far as a cop issuing a ticket or a warning? However if the cop runs the license and it shows that the person was stopped 1 month before doesn't that sway there decision? If previous offenses shouldn't be taken into consideration then why would the cop even check the license?
    among other things, checking the license tells the cop if there are outstanding warrants and if the license is currently valid.

    again: "incident investigation" = investigation of incident, not investigation of driver.

    when it comes to filing charges based on that investigation, whether it's right or wrong, the police will likely consider the driver's previous dealing's with police.
    "When I see an adult on a bicycle, I do not despair for the future of the human race." - H.G. Wells

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