Not enough facts make this a tough call. Was there a sign to share the road with cyclists? If not, was this a road frequented by cyclists, and was the driver local and should have known to expect cyclists? (I do believe there are some situations where tacit knowledge should apply.) Where exactly on the road was the cyclist? Where was the sun? Was the driver rounding a [blind?] curve? Was the driver faced with a situation of my life or theirs? (Self-preservation is a *very* powerful instinct.)

I am a cyclist and unequivocably feel we should have certain road rights. However, I also drive a car and have cursed the occasional cyclist that was putting him/herself in danger of being hit by me by not riding a straight line and suddenly weaving in my direction, riding in the middle of the lane (instead of demanding respect by not riding too close to the shoulder either), wearing dark clothing during evening hours just before the sunset, riding without lights or reflectors, or riding a narrow winding road where there simply will not be enough room for cars meeting from opposite directions and with a rider in one lane, but with the drivers following every letter of the law, and driving at or even below the posted speed limit.

Let's look at it this way. Imagine you're driving at or below the posted speed limit and being fully attentive, but upon rounding a curve find a person just standing in the middle of the road. I know there have been situations where I could not have stopped in time. The person just isn't supposed to be there. It's that simple. Given that, the police probably would not find me or you at fault. Given that could happen, do I slow to a crawl before each curve? Honestly, I would not. You probably won't either. Let's face it, in such a case the person standing in the middle of the road bears at least part, if not all, of the blame.

Well, like it or not, the reality is a cyclist moving at 10 mph vs. a car legally travelling at 55 mph isn't too very different from that stationary person. And please understand I am not equating a human life with that of an animal, but I have certainly hit a dog or run over a possum in a situation not at all dissimiliar. I simply could not stop in time, although I did my very best. There are those things which we never expect to encounter, but do 1 out of 10,000 times. Unfortunately, bad things likely will happen that one time.

But again, I am a cyclist and have actually chased cars that afforded me no respect or imperiled my life. I also have what some have termed a "Cartesian rationality." Just because I'm a cyclist on the road does not automatically make a driver guilty should something terrible happen. There have been situations which I escaped knowing I could have made a better decision. And had something awful happened, I know a lot of my friends might be very angry at the driver, but if alive I'd have to admit I should be the one held at fault.

The facts about this tragedy may never be known, but we as a collective should exercise caution in assuming we are always right. We aren't. We're also automobile drivers, and I'll venture to say many of us have just barely avoided situations that would have left us vulnerable to prosecution.

But most importantly, I trust Josie Johnson's family and friends may somehow find peace. And so may the driver.