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Bicyclist Charged Following Death of Pregnant Pedestrian in Pickens County (SC)

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Bicyclist Charged Following Death of Pregnant Pedestrian in Pickens County (SC)

Old 09-24-16, 02:17 PM
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Bicyclist Charged Following Death of Pregnant Pedestrian in Pickens County (SC)

Marvin William Andrews, 20, of Six Mile was charged Friday with operating a bicycle on the roadway without a headlight during the nighttime. If convicted, Andrews would face a fine to be determined by the court, but not exceeding $232.50, according to a Pickens County Sheriff's Office statement.

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Bicyclist Charged Following Death of Pregnant Pedestrian in Pickens County | wltx.com
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Old 09-24-16, 02:33 PM
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Guess the Walkers could have used a light while Walking on the road.
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Old 09-24-16, 02:49 PM
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Cyclists zooming down the bike path at night without lights are a problem around here. I have to look out for them when I walk the dogs. I saw a guy the other day with a light on his dog. I thought that was brilliant.
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Old 09-24-16, 02:50 PM
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Old 09-24-16, 03:42 PM
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Pedestrians aren't required by law to have a light; bicyclists are.
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Old 09-24-16, 03:53 PM
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I've nearly collided with unlit bikes twice while riding and have had one appear out of nowhere when I was driving, all of them in dark clothing, fortunately no crash. There are lots of light options available, no valid reason to ride without them.
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Old 09-24-16, 04:23 PM
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Lot's of things wrong with this accident, but in the end, the cyclist didn't have a light and holds the liability.
Sad story and several lessons to be learned.
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Old 09-24-16, 04:39 PM
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IMO the cyclist got off too easy. This is arguably negligent homicide, which in NYS could be manslaughter. I suspect that if the same circumstance involved a motorist hitting a bicyclist, most hear would be screaming for a murder charge.
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Old 09-24-16, 04:57 PM
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Originally Posted by Rowan View Post
Pedestrians aren't required by law to have a light; bicyclists are.
So you can see them at night without lights?
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Old 09-24-16, 05:12 PM
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Originally Posted by 10 Wheels View Post
So you can see them at night without lights?
Yep, because I have a bike properly equipped with lights. Pedestrians are not the issue that unlit cyclists are because they are, by comparison, slow moving.
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Old 09-24-16, 05:16 PM
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Originally Posted by FBinNY View Post
IMO the cyclist got off too easy. This is arguably negligent homicide, which in NYS could be manslaughter. I suspect that if the same circumstance involved a motorist hitting a bicyclist, most hear would be screaming for a murder charge.
The cyclist is in a tight spot. If he pleads guilty, he could get quite a wake-up call with a civil summons for much more than $232.

Both bikes and pedestrians should be using lights.

I was on a bike path a while ago (with lights), and when the pedestrians would see/hear me coming, they'd hold up their cell phones. It was quite visible. Most of the paths I go on are fairly good, but there are some that are downright treacherous with unlighted bikes and pedestrians (and a few pedestrians lit up like Christmas trees).

In the case above, the pedestrian was actually on the road. Prudence would dictate LIGHTS (although I have a habit of turning them off when walking and nobody is coming).
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Old 09-24-16, 05:24 PM
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What a tragic story. And to think it could have been avoided with some $5 flash lights...
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Old 09-24-16, 07:21 PM
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Originally Posted by CliffordK View Post
.

Both bikes and pedestrians should be using lights....
Let's be clear here.

There's a black and white (literally) difference between what one should, or might do, and what one is legally obligated to do.

It makes sense to carry a small lantern type light, or at least light clothing or a reflective band of some kind when walking unlit roads. So, yes pedestrians could help themselves.

OTOH - bicyclist is legally obligated to have a front light. It's his responsibility to see where he's going, and failure to have a light is what separates a criminal charge of negligent homicide from the safe harbor of a simple accident.

However, in civil law the cyclist is responsible either way. The lack of light, however he pleads, and whether convicted or not, is a compounding factor that (in some states) a civil jury can use to add punitive to compensatory damages.

BTW- not having a light, legally mandated or not, and riding into a pedestrian in the dark,can leave you to civil damages based on negligence.
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Old 09-24-16, 09:09 PM
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It is STUPID to ride a bike in the dark without being able to see what you're about to ride into. It's also against the law.
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Old 09-24-16, 10:11 PM
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Both motorist and cyclist should be charged and prosecuted with manslaughter in cases like this.

If the cyclist claims they cannot afford a headlight, then the cyclist should not have been riding at night.

This is no accident, a choice was made that endangered and killed the pedestrian and her child.

Civil lawsuit is likely pointless as the cyclist is unlikely flush with cash.
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Old 09-25-16, 07:36 AM
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This is a narrow rural road without much illumination. This is a darn shame and could have been so easily prevented.

I am well illuminated when riding and although I encounter many walkers and runners, those without reflective gear or active lighting are still hard to see when more than 30-50 feet away. They, like the cyclist in this tragedy, assume that they will be able to see vehicles and get out of their way. A strategy not entirely reliable it seems.
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Old 09-25-16, 03:58 PM
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The pedestrian did not die the way I read the story. Her unborn child died.

That child did not have a say regarding whether or not to go out at night or with or without a light.
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Old 09-25-16, 04:18 PM
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Originally Posted by jeichelberg87 View Post
The pedestrian did not die the way I read the story. Her unborn child died.
The paragraph said a pedestrian died after being hit. The unborn, still in the womb aren't generally referred as pedestrians, so the implication is that both the future mom and her unborn child died.

(another article confirmed both deaths)

In NYS and probably many others, this means that the cyclist could be charged with 2 counts of negligent homicide.
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Old 09-25-16, 04:21 PM
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Originally Posted by FBinNY View Post
The paragraph said a pedestrian died after being hit. The unborn, still in the womb aren't generally referred as pedestrians, so the implication is that both the future mom and her unborn child died.

(another article confirmed both deaths)

In NYS and probably many others, this means that the cyclist could be charged with 2 counts of negligent homicide.

Oh. I missed the other article. Do you have a link to that one?

ETA: I caught it in the story. First paragraph.

Last edited by jeichelberg87; 09-25-16 at 04:22 PM. Reason: ETA: Sorry .
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Old 09-25-16, 04:27 PM
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Originally Posted by jeichelberg87 View Post
Oh. I missed the other article. Do you have a link to that one?

Here's the link
. I found it by searching her name and location, after reading your post.
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Old 09-25-16, 04:32 PM
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Originally Posted by FBinNY View Post

Here's the link
. I found it by searching her name and location, after reading your post.

Thank you. They did edit the original story to reflect this course of events.
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Old 09-25-16, 08:45 PM
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Originally Posted by FBinNY View Post
IMO the cyclist got off too easy. This is arguably negligent homicide, which in NYS could be manslaughter. I suspect that if the same circumstance involved a motorist hitting a bicyclist, most hear would be screaming for a murder charge.
I tend to agree... clearly the cyclist was in the wrong... and it cost someone else their life.

If it were a motorist driving about with no lights and killing a cyclist... we would be shouting about it... but what might the motorist have been charged with?
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Old 09-25-16, 09:45 PM
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Originally Posted by genec View Post
I tend to agree... clearly the cyclist was in the wrong... and it cost someone else their life.

If it were a motorist driving about with no lights and killing a cyclist... we would be shouting about it... but what might the motorist have been charged with?
Most likely nothing, because it would have been a Hit&Run.
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Old 09-25-16, 09:53 PM
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Originally Posted by jeichelberg87 View Post
Thank you. They did edit the original story to reflect this course of events.
Your really good being able to read a story here in BFs before gpsblake even posted it. The updated article was updated before gpsblake posted and even the title of the thread made it clear the woman died. Not cool trying to BS us.
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Old 09-26-16, 05:21 AM
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Originally Posted by CB HI View Post
Your really good being able to read a story here in BFs before gpsblake even posted it. The updated article was updated before gpsblake posted and even the title of the thread made it clear the woman died. Not cool trying to BS us.
Regardless of your account, I clicked on that story on 9/24/16 and the first paragraph did not read as such. It stated the pedestrian was struck and her unborn child died. If it did read that way, I missed it. I miss stuff on occasion.

I am not the story here anyway, right? Do you want to strike and kill me now?
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