SUV-bicycle collision turns fatal
BY BEN CRITES, The Island Packet
Published Saturday, November 19, 2005
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A woman talking on a cell phone while driving her sport utility vehicle struck and killed a 64-year-old woman cyclist on a busy Hilton Head Island road early Friday afternoon, the South Carolina Highway Patrol said.
Nhiem Kim of 21 Trinh Palace Way was traveling on the shoulder of the westbound lane of Palmetto Bay Road when the collision occurred in front of Palmetto Business Park, patrol spokesman Lance Cpl. Paul Brouthers said. She was struck from behind.
The highway patrol's Web site lists Kim's time of death as 12:58 p.m.
Kim, who is of Vietnamese descent, was returning from a grocery store and carrying a bag of produce. She was pronounced dead on arrival, said Lt. Bob Bromage of the Beaufort County Sheriff's Office.
Carol Frances Zampino, 26, of Hilton Head Island was driving the 2002 Mercury Mountaineer that struck Kim. Brouthers said Zampino said she was unaware of the cyclist because she was talking on a cell phone.
The trooper investigating the crash will consult with the Beaufort County Solicitor's Office to determine whether Zampino will face charges, Brouthers said.
Part of the lane near the scene of the wreck was closed off while investigators worked. Traffic delays were minimal, Brouthers said.
The wreck is the second fatal collision within a week between a vehicle and a cyclist or pedestrian on the island.
On Nov. 12, Jose Luis Bautista Nicholas was struck and killed by a car as he walked on William Hilton Parkway near Singleton Beach Road at about 11:30 p.m. No charges were filed in that case because Bautista was walking in the road.
Carol Zampino
22 Beach Arbor
Hilton Head Island, SC 29925
(843) 842-6033
Roody
11-23-05, 01:10 PM
Why did the newspaper mention that the cyclist was "of Vienamese descent"? How is that germane?
Cadd
11-23-05, 01:15 PM
That's just sad...
trackhub
11-23-05, 01:33 PM
I'm guessing that little, if any, legal action will be taken against Ms. Zampino. I'm sure that whatever she was talking about on her cell phone, it was very, very important. Perhaps a deep conversation about how she should have her hair highlighted, or how an office mate's new jeans made her thighs look big. Or maybe something really mentally stimulating, like who's having an affair with whom in the neighborhood. You know, something very important, something that just could not wait.
Off topic question: Just what is everyone talking about on their cell phones while they're driving? I must confess, I finally broke down and got one about two years ago. I got it mostly for cycling, since you can no longer find functioning pay phones anywhere. I leave it off most of the time. But what on earth is everyone talking about?
slagjumper
11-23-05, 01:39 PM
The cyclist could have been anyone. Sad that they have to spell out her descent. She probably was an American. I guess that anyone who rear ends someone in Hilton Head Island SC, should be able to get off with no charge or else they could claim unequal prosecution. I am presuming that there will be no charge.
LV2TNDM
11-23-05, 02:02 PM
Why would anyone guilty of killing a pedestrian or cyclist or anyone else for that matter while operating a motor vehicle EVER be allowed to drive again?
Seems if you make that mistake, you should NEVER operate a motor vehicle again (in addition to other punishment). Too bad, you lose that privilege for life.
Try walking, mass transit or, crazy as this sounds, cycling from now on.
slagjumper
11-23-05, 02:17 PM
Hey how long did the Romans kill slaves in the coliseum before someone in that demacracy said, "hey let's change this"? I think, (if that's ok), that automatic weapons and bowie knives are called for here. Let there be blood and oil in the streets! Lets bash some cager-head! OK enough with the polemics, lets roll.
Feldman
11-23-05, 02:24 PM
Who cares about the descent of the cyclist? All we need to know is that she was human and the driver should at this point no longer be considered so.
linds
11-23-05, 02:51 PM
The trooper investigating the crash will consult with the Beaufort County Solicitor's Office to determine whether Zampino will face charges, Brouthers said.
How could she NOT face charges?
SpokesInMyPoop
11-23-05, 03:05 PM
how upsetting >:|
I had a close call yesterday. I was going across an expressway (99) and had a green light. I got on my pedals, proceeded about 5 feet, when a freakin minivan comes barrelling down 99 at about 40mph. All this 2 months after my accident, and a month after I got this bike. PTSD's a b!tch.
and yes, the driver in the article should be punished. Manslaughter at the least! And revoke her damn license... and her car >:O AARRGGHH *smashes cars*
slagjumper
11-23-05, 03:06 PM
How could she NOT face charges?
Well that's just how it is. Why doesnt someone call her and ask? You know she didn't mean it. Really I dont know if she will be charged but it is clear as day that she should be charged with vehicular homicide. But I dont think that that is actualy a crime is SC.
linds
11-23-05, 03:12 PM
It doesn't matter if she meant it or not. She killed a person with her vehicle. She was negligent (admitted), and should thus be held responsible.
"Vehicular Homicide
Statutes which allow a homicide charge to be brought against an individual who kills another person through the operation of a motor vehicle, either intentionally or negligently."
http://www3.madd.org/laws/law.cfm?LawID=VEHH
South Carolina DOES count Vehicular Homicide as a felony.
slagjumper
11-23-05, 05:25 PM
It doesn't matter if she meant it or not. She killed a person with her vehicle. She was negligent (admitted), and should thus be held responsible.
"Vehicular Homicide
Statutes which allow a homicide charge to be brought against an individual who kills another person through the operation of a motor vehicle, either intentionally or negligently."
http://www3.madd.org/laws/law.cfm?LawID=VEHH
South Carolina DOES count Vehicular Homicide as a felony.
I think that in SC, you can be procecuted for homicide, but they dont have a specific, "vehicular" element that makes thing any worse. The MAD cite is circular. That is if you go to the SC section at the MAD site:
http://www3.madd.org/laws/state.cfm?StateID=SC
and click on:
Vehicular Homicide
you go back to:
http://www3.madd.org/laws/law.cfm?LawID=VEHH
I did this search and if the police cannot show that the woman was acting in a "reckless" way, there is nothing that will happen to her. Seems like they should have breathalized her.
Sad but true. It happens every day. No cell phone componant. Worst that can happen is loss of license/fine.
I bet the police fed her this line, "said she was unaware of the cyclist because she was talking on a cell phone." While I think that it is a shame, was she being negligent when she was driving while talking on the phone? I agree that she is wrong and should lose her license, but even it they, "threw the book" at her, I dont think that there she is in much trouble.
I've been thinking of getting off of my lazy rear and starting a web site that chronicals these deaths, the bios of those involved, the details, and the outcomes. All so that non-cyclists can really see the depth of the problem. The old woman's family probably wont even go after the suv-cell-phone-chatterbox in a civil case.
EricDJ
11-23-05, 06:32 PM
I bet she get off light if its a first time offense. Would get plea bargained down to a sort of negligence and she'll end up with probie, community service, fines and at most a short jail time.
Now if she has a record, the punishment will go up.
chipcom
11-23-05, 06:47 PM
I bet she get off light if its a first time offense. Would get plea bargained down to a sort of negligence and she'll end up with probie, community service, fines and at most a short jail time.
Now if she has a record, the punishment will go up.
We're talking Hilton Head here...it's not going to be about what she did, her fate will be dependent upon who she is. One of the reasons why the ethnic background of the dead gal was mentioned was an attempt to minimize any public outrage. Had it been a young, white, female local, all hell would be breaking loose. Wow, do I sound like Jesse Jackson or what!
Bekologist
11-23-05, 07:01 PM
I feel for the cyclists family, the tragedy has got to be worse knowing the perpetrator may get off without any punishment...
chipcom hit it on the head, the mentioning of her ethnicity is emblematic of the two tier societarial structure on Hilton Head.
The bicyclist was one of the 'have nots',the untouchable servant class. The newspaper commented on her ethnicity to neutralize the story to the vassal lords. I bet some of them stopped reading the article once the bicyclists social position was mentioned.
Sad. Hilton Head Island, what a cesspool of wannabe shameful wealth and sloth if you ask me. Golf, anyone?
EricDJ
11-23-05, 07:02 PM
Nope you don't. Its just straight truth.
Gusboh
11-23-05, 07:27 PM
This scares me on so many levels.
The phone number is there, ring her!
mechBgon
11-23-05, 07:35 PM
Traffic delays were minimal, Brouthers said. Oh good, I was worried for a second that traffic might've been obstructed.
:mad:
chipcom
11-23-05, 08:03 PM
On Nov. 12, Jose Luis Bautista Nicholas was struck and killed by a car as he walked on William Hilton Parkway near Singleton Beach Road at about 11:30 p.m. No charges were filed in that case because Bautista was walking in the road.
Pedestrian heaven too I see.
CommuterRun
11-24-05, 06:26 AM
This is why I believe there should be an automatic, on the spot manslaughter charge for drivers involved in crashes that result in a death. After that the ensueing investigation and courts can sort it out. This driver was criminally negligent in the operation of her vehicle.
Bekologist
11-24-05, 06:35 AM
THAT'S something worth advocating for, sadly.
Cadd
11-24-05, 07:55 AM
This is why I believe there should be an automatic, on the spot manslaughter charge for drivers involved in crashes that result in a death. After that the ensueing investigation and courts can sort it out. This driver was criminally negligent in the operation of her vehicle.
So, imagine if your wife/sister is driving along at 35MPH on a bridge and a child molesting/wife beating/pissed drunk driver decides to cross the double yellow & come head on to her (he's pissed drunk). Your wife/sister is driving a nice & low Ferrari 360 Modena. The drunk driver is driving a lifted Ford Bronco. Upon impact, the Bronco goes airborne and flies over the guard rail and falls 50 ft down and dies upon impact.
Are you telling me that your shakened wife/sister should have to deal with manslaughter charges now? How long does the investigation take before she'll be free of these charges?
jhota
11-24-05, 07:56 AM
But I dont think that that is actualy a crime is SC.
a good friend of mine is in prison for it right now, so yeah, it's a crime in SC.
i'm usually one to defend my state, but we (like everywhere else, i'm sure) are suffering from a blight of SUVs and the clueless people who drive them. i was leaving the lbs yesterday (in my car), headed home, and was run off the road by an Expedition - both of us were turning left (in dual left-turn lanes), and she turned into my (outside) lane rather than her (inside) lane. luckily, i was able to drive off into a construction area, but still.
we have very sub-standard driver education here in SC. oh, wait, we don't have any. and we have lots of affluent morons buying these luxo-trucks who think they own the road, and cannot drive safely.
what we need are tougher standards for driver education, and to ban the use of hand-held cell phones in moving vehicles. and we need to prosecute people when they commit a crime. especially when it's a crime of negligence.
disclaimers:
i have nothing against affluent people. i plan to be one someday. i drive a luxury car. we own an SUV (Land Rover), but we bought it because of its go-anywhere ability and towing capacity. it is a utility vehicle, not a status symbol. i own a cellular phone.
kf5nd
11-24-05, 11:09 AM
Because it's The South, and race matters down here.
Why did the newspaper mention that the cyclist was "of Vienamese descent"? How is that germane?
CommuterRun
11-24-05, 11:31 AM
So, imagine if your wife/sister is driving along at 35MPH on a bridge and a child molesting/wife beating/pissed drunk driver decides to cross the double yellow & come head on to her (he's pissed drunk). Your wife/sister is driving a nice & low Ferrari 360 Modena. The drunk driver is driving a lifted Ford Bronco. Upon impact, the Bronco goes airborne and flies over the guard rail and falls 50 ft down and dies upon impact.
Are you telling me that your shakened wife/sister should have to deal with manslaughter charges now? How long does the investigation take before she'll be free of these charges?
The most likely scenario in this hypothetical situation is that the Bronco would crush her overpowered skateboard, killing her and the drunk would live. I view sports cars as being the most totally worthless things on the road.
Cadd
11-24-05, 08:20 PM
Not if she's smart enough to duck.
kb0tnv
11-24-05, 08:51 PM
Take it from this angle: "I was on my cell phone when the gun went off! It killed someone I meant to hit the target on the wall. Sorry!" Yes the writer article was TOTALLY wrong for telling the ethnicity of the victim. I have seen many accident reports and all of them have stated gender & age. Your thoughts about class are well warranted. Sad very sad! I hope something becomes of this and not just a "slap" on the wrist of the cell phone driving motorist.
Keep Cycling,
lilHinault
11-24-05, 11:17 PM
Why did the newspaper mention that the cyclist was "of Vienamese descent"? How is that germane?
Because goddammit it's not a story if the person hit is white!
Sheesh get with the program willya?
(Honestly I still want to see the SUV driver do hard time)
Bekologist
11-24-05, 11:24 PM
Not to make light of a tragic situation, but Imagine the difference in the story if the driver was a vietnamese housecleaner in a van with faulty brakes that had been recalled, but never fixed because she couldn't understand the notices she was getting from the auto manufacturer. She runs over a society matron while the matron was distractedly talking on her cell phone cycling erraticaly in the roadway.
How would the story have been written then?
HelloE
12-04-05, 02:24 AM
Everyone,
Check out how Carol is defending herself. I think you are all really, really interested in this one. I bet you all want to ask her some questions when you read her responses.
Check out how Carol is defending herself. I think you are all really, really interested in this one. I bet you all want to ask her some questions when you read her responses.
I really want nothing to do with heckling this woman, but I do think she comes off as a remorseless, blame-shifting, semi-literate mouth-foamer who is only interested in clearing her name.
Putting myself in her shoes - and assuming that what she says is correct - I'd be really upset too if a local periodical accused me of cell phone driving during a fatal accident when I wasn't, but her tone and argumentative style throughout the blog there suggest a fairly low level of maturity, and except for a few cursory words like "tragety" and the like, I don't really get a sense of loss or horror from this person, but rather one of me me me, and that's what I find almost more disturbing than the accident itself. I don't know what it is these days, but people have real troubles admitting they are/were wrong or sorry about anything.
karmical
12-04-05, 04:34 AM
I really want nothing to do with heckling this woman, but I do think she comes off as a remorseless, blame-shifting, semi-literate mouth-foamer who is only interested in clearing her name.
Putting myself in her shoes - and assuming that what she says is correct - I'd be really upset too if a local periodical accused me of cell phone driving during a fatal accident when I wasn't, but her tone and argumentative style throughout the blog there suggest a fairly low level of maturity, and except for a few cursory words like "tragety" and the like, I don't really get a sense of loss or horror from this person, but rather one of me me me, and that's what I find almost more disturbing than the accident itself. I don't know what it is these days, but people have real troubles admitting they are/were wrong about anything.
i was really disturbed by her remarks and lack of remorse, i can only hope that all of that makes it into the hands of the da and maybe instead of just a slap on the wrist, she'll receive get countless hours of community service or special conditions to her driving priviledge(since we all know its not like she'll do anytime). cause i don't feel as if she'll ever wake up and realize that through whatever actions or lack thereof, she killed someone.
Dchiefransom
12-04-05, 08:35 AM
I really want nothing to do with heckling this woman, but I do think she comes off as a remorseless, blame-shifting, semi-literate mouth-foamer who is only interested in clearing her name.
Putting myself in her shoes - and assuming that what she says is correct - I'd be really upset too if a local periodical accused me of cell phone driving during a fatal accident when I wasn't, but her tone and argumentative style throughout the blog there suggest a fairly low level of maturity, and except for a few cursory words like "tragety" and the like, I don't really get a sense of loss or horror from this person, but rather one of me me me, and that's what I find almost more disturbing than the accident itself. I don't know what it is these days, but people have real troubles admitting they are/were wrong or sorry about anything.
If you read further down, you'll find another defending the idea that it was "just an accident". It's time to seriously tighten the driving restrictions of everyone.
neil0502
12-04-05, 09:19 AM
Question: is anybody advocating advocacy on this one (or similar)?
I've e-mailed the journalist, asking for the contact info for the DA who will (or won't) prosecute the case(s). Couldn't find it readily on the 'net.
If/when I get it, I'll post it here. We need to make our voices heard. An e-mail campaign to the DA is something....
huhenio
12-04-05, 10:34 AM
We're talking Hilton Head here...it's not going to be about what she did, her fate will be dependent upon who she is. One of the reasons why the ethnic background of the dead gal was mentioned was an attempt to minimize any public outrage. Had it been a young, white, female local, all hell would be breaking loose. Wow, do I sound like Jesse Jackson or what!
No ... you speak like an educated and aware American.
Class and race ... paper or siccors
Roody
12-04-05, 10:53 AM
The cager does come across as an ugly selfish *****. I am not sure how much she is at fault for this accident. No matter what punishment she gets, I doubt if she will be able to understand the harm that befell another person.
The cyclist must have been pretty cool. Not many 64 year olds, especially women, are out riding their bikes. Does anybody know more about her?
I have heard there are a lot of cyclists in that area. Have any thought about doing a memorial ride, ghost bike, or similar memorial?
huhenio
12-04-05, 11:25 AM
Going for grocery shopping on a bike speaks volumes about the victim, specially at her age.
The choice of vehicle of the perpetrator and her lack of regret (at least in this society) about the human she killed speaks volumes about her.
... I need a full face helmet.
sentinel
12-04-05, 11:48 AM
Very good point Cadd. Each and every case can be different. I have investigated more fatal and serious injury crashes than I want to remember. Sometimes there was justification for criminal charges and sometimes there wasn't. I've had families threaten to sue me as the police officer if I didn't push for charges. I can't and won't push for charges if the case is not there to be made.
Along with what Cadd said, let's say you were driving down a residential street and a child darts from between two parked cars and you hit and kill him. In the opinion of commuterrun, there should be charges against the driver even though the entire cause of the crash is the child's fault. Sometimes there just isn't a criminal charge to be brought, period!
sentinel
12-04-05, 01:24 PM
Not paying attention may be negligent, but may not be reckless. No matter what the reason, this is a tragic situation. Very few of the surviving drivers that I have interviewed had no effects. Sometimes the shock of a situation may cause people to act quite differently than what we would expect. Denial is a very common thing.
trackhub
12-04-05, 01:31 PM
I'm reminded of that "SUV City" cartoon, that someone posted a link to sometime ago. Zampino's attitude is typically American. It seems that it's always someone else's fault.
"As far as I'm concerned, it's her fault for driving such a small car, and not a big SUV"
"It was her fault. If she hadn't been riding a bicycle, I wouldn't have hit her."
Any news on that kid who hit a bicyclist because he was actually typing out a text message to his buddies on his cell phone, while driving?
Blue Order
12-04-05, 02:26 PM
I really want nothing to do with heckling this woman, but I do think she comes off as a remorseless, blame-shifting, semi-literate mouth-foamer who is only interested in clearing her name.
Putting myself in her shoes - and assuming that what she says is correct - I'd be really upset too if a local periodical accused me of cell phone driving during a fatal accident when I wasn't, but her tone and argumentative style throughout the blog there suggest a fairly low level of maturity, and except for a few cursory words like "tragety" and the like, I don't really get a sense of loss or horror from this person, but rather one of me me me, and that's what I find almost more disturbing than the accident itself. I don't know what it is these days, but people have real troubles admitting they are/were wrong or sorry about anything.Well said.
CommuterRun
12-04-05, 03:10 PM
........Along with what Cadd said, let's say you were driving down a residential street and a child darts from between two parked cars and you hit and kill him. In the opinion of commuterrun, there should be charges against the driver even though the entire cause of the crash is the child's fault. Sometimes there just isn't a criminal charge to be brought, period!
Yes, absolutely, until the investigation and the Court clears the driver. This would go a long way toward solving the problem of drivers not paying attention.
The way things stand in the U.S. right now, it's perfectly acceptable to kill someone and walk away Scott free as long as a motor vehicle is used and it's called an "accident". The truth is, a real accident is almost never the cause of a crash. Crashes are nearly always caused by one or more people being negligent or behaving recklessly.
Roody
12-04-05, 03:21 PM
Not paying attention may be negligent, but may not be reckless. No matter what the reason, this is a tragic situation. Very few of the surviving drivers that I have interviewed had no effects. Sometimes the shock of a situation may cause people to act quite differently than what we would expect. Denial is a very common thing.
good 2 posts sentinel. I now see that we have been prejudging the driver, and I'm glad (a little surprised) that you as a cop would not do the same. I'm still wondering about the alleged victim and wanting to know more about her.
CommuterRun
12-04-05, 03:54 PM
However, to shoot down my own argument, I recall a coversation I was having with someone over the Thanksgiving Holidays regarding ecology. He made the statement that, "What we need to do is repeal all laws and regulations based on safety. There's just too damn many people in the world. Need to thin the herd."
He has a point.
Dchiefransom
12-04-05, 04:03 PM
Yes, absolutely, until the investigation and the Court clears the driver. This would go a long way toward solving the problem of drivers not paying attention.
.
But now, even though you've been found not at fault, you have an arrest record for manslaughter.
CommuterRun
12-04-05, 05:55 PM
But now, even though you've been found not at fault, you have an arrest record for manslaughter.
And if I were found to be not at fault, the record would show that, and if it did, I would have the option of getting the record expunged.
sbhikes
12-04-05, 06:06 PM
We need MACD (Mothers against Cellphone Driving). But unfortunately kids don't ride bikes anymore. Only irresponsible grownups and poor brown-skinned people. And nobody cares about them.
sentinel
12-04-05, 06:15 PM
Commuter, If you think just being acquitted of criminal charges means you are in the clear, you are living in a fantasy world. Being acquitted SHOULD mean you are in the clear, but the arrest will ALWAYS be in the minds of everyone who knows you. How many times have you hear "he got away with killing someone?" Many people equate arrest with guilt. There have been people I had to physically fight to arrest after catching them with their hand in the cookies jar, only to have a judge or jury acquit him.
Arresting someone just for the sake of arresting them is not right. I have no problem arresting someone who deserves it. I've arrested people with commercial driver's licenses for drunk driving and had them tell me I was going to get them fired. I've felt bad doing it at times, but know it is my job.
I will also admit, if you want to kill someone use a car and not a gun because generally the penalty is less and I disagree with that. Also, in the world of crash investigation, we don't call them "accidents" anymore, they are crashes. A true accident cannot be stopped, but most crashes can.
CommuterRun
12-04-05, 07:06 PM
........I will also admit, if you want to kill someone use a car and not a gun because generally the penalty is less and I disagree with that........
On this we agree 100%.
Also, you and I are aware of the differences between an accident and a crash, but too many other people still, incorrectly, think the terms are synonymous.
Being aquitted of charges doesn't necessarily mean the accused is innocent. It just means that prosecution couldn't get a conviction. This happens for a myriad of reasons, but you're well aware of that.
I agree that the arrest will always be in the minds of everyone who knows the accused. This is just more incentive for drivers to pay attention to driving when behind the wheel of a motor vehicle.
Arresting someone just for the sake of arresting them is not right.
Again, I agree with you and I'm not talking about arrests with no basis. I'm talking about involuntary manslaughter. You and I completely agree that negligently killing someone with a .32 is going to have much different legal results than hitting them with a Chevy. This should not be. It should be one standard or the other for the same crime, regardless of instrument used.