Deaths of cyclists drive lobbying effort for vulnerable users law
Pointing to a number of fatal crashes in 2010, bicyclists in Wisconsin will lobby Tuesday for a vulnerable user law and tougher penalties against offending motorists.
About 200 advocates are expected to meet with legislators as part of the third-annual Bike Summit organized by the Bicycle Federation of Wisconsin, the largest cycling advocacy group in the state. Their agenda for the lobbying session also contains state money for bike and pedestrian paths and access to land purchased through the Knowles-Nelson Stewardship Program.
The bikers will have several cases to cite - crashes that killed cyclists - as they argue that the current traffic laws provide inadequate penalties for motorists who commit a moving offense that seriously injures or kills a biker.
In Waukesha County, a 20-year-old driver who hit and killed Brett Netke, 42, while he pedaled on Highway 18 in the Village of Summit was cited for failing to yield three feet of clearance while passing. Samuel Weirick did not contest the citation, and paid a $114 fine.
In Brown County, authorities issued a ticket for an improper left turn to the 39-year-old who hit and killed Reinhold Herzog at a rural intersection in the Town of Wrightstown on Aug. 24.
According to an accident reconstruction, Herzog was stopped in the southbound traffic lane on Blake Rd., waiting to cross Hwy. 96, when the eastbound driver, Todd Gilson, turned his Ford F250 northbound and smashed into the 73-year-old man. Gilson cut the left-hand turn so short that he hit Herzog left of the centerline, according to an accident reconstruction.
Gilson was reportedly distraught after the crash, and told a sheriff’s deputy the sun was in his eyes and he didn’t see Herzog before he hit him.
The reconstruction specialist wrote: “Based on the evidence, I believe the primary factor that contributed to this accident was the improper left turn of Todd Gilson onto Blake Rd. The sun may have been in his eyes, but if he had made the proper turn by statute, this accident would not have occurred.”
Gilson was issued a ticket for an improper left turn, with a fine of $175, but the citation was dismissed on March 22, on a motion by Thomas Coaty, an assistant district attorney in Brown County.
On the same day, Gilson pleaded guilty to a drunken driving offense he committed four months after he killed Herzog.
His fine on the drunken driving ticket was $723.
Online court records show that in previous years Gilson paid a $176.90 fine for parking where prohibited and $273 for driving too fast for conditions. In 2000, he was sentenced to 90 days in jail and 18 months in probation for a battery in 2000.
He paid no legal penalty for killing Herzog.
Still pending in Waukesha County is the case of Jeff Littmann, 56.
A motorist struck and killed the popular bike shop owner, who was riding on Wisconsin Ave. in Nashotah. No charges or citations have been issued, and the case remains under review by the Waukesha County District Attorney.
“People who bicycle have been killed on our roadways and there has been for all intents and purposes no penalty assessed,” said Kevin Hardman, executive director of the Bike Federation. “We’re looking for reasonable ways to create higher accountability for operators on the roadway.”
In New York and Delaware, vulnerable user laws impose tougher penalties for motorists who strike and injure bicyclists, pedestrians, roadway workers and others specified in the statute. Penalties vary from state to state, but typically carry fines up to $1,000 and require violators to complete traffic safety courses.
Hardman said the members of the Bicycle Federation have been talking to legislators, seeking sponsors for a bill in the state.
In recent months, legislators have been focused intensely on the budget debate, and little progress has been made on the vulnerable user proposal.
The Bike Fed also plans to lobby on the budget: asking legislators to maintain the $2.5 million in state money dedicated to bike and pedestrian paths. The state support was included, for the first time, in the 2009-’11 biennial budget.
Gov. Scott Walker eliminates that spending in his budget proposal for 2011-’13.
A third issue on the lobbying agenda is the access to state land purchased through the Knowles-Nelson Stewardship program. The program does not specify biking as a use on property acquired through the conservation program, and the sport is excluded, in some cases.
Lobbying is one element of the daylong summit in Madison.
Wisconsin Tourism Secretary Stephanie Klett will speak at the opening session starting at 9 a.m. in the Madison Concourse Hotel. During workshops throughout the day, advocates will share ideas on the bicycling business in the state, building local organizations and securing money for cycling projects.
Andreas Rohl, the head of bicycle programs in Copenhagen, Denmark, will deliver the keynote address Tuesday at 6 p.m.. In Copenhagen, Rohl has helped create one of the world’s best cities for bicycling as transportation.
107 Comments for "Deaths of cyclists drive lobbying effort for vulnerable users law"
I see a lot of cclists causing a lot of problems. Lets deal with them, too.
360guy Apr 17, 2011 6:34 PM
T. Held Apr 17, 2011 6:39 PM
Mr Held, have these 'tougher penalties' done anything to reduce the incident rate?
Someone not paying attention now isn't going to start paying attention just because the fine may go up. The only groups that benefits from higher fines are those that impose them.
FRS Apr 17, 2011 6:51 PM
T. Held Apr 17, 2011 6:54 PM
Former resident Apr 17, 2011 7:11 PM
highways...that said, I do feel that there is no reason not to build some
bike paths for bicyclists. I don't agree with bike lanes on city streets or
highways though as I have seen first hand they do not work.
I have spent a few months of this past year in California and there are
bikers everywhere. The problem is vehicles will be doing 50mph and
they are cruising along at 20mph. There will be a bike lane, but they
are always over the line. You come up on someone very quick when
you are doing 30mph more than they are. And if a car is coming in the
other lane you can't move over. It is like having a deer jump out of the
woods in front of your car. You can't react fast enough. I would be
devastated if I hit and killed a biker, but being on the roadways is
dangerous if you are on a bike.
Unfortunately it is not a good time to ask for state money to build paths
with the current budget. If they could wait a few years until the money
is there to spend I could see this getting done.
54451 Apr 17, 2011 7:14 PM
Wisconsinite Apr 17, 2011 7:15 PM
Former resident Apr 17, 2011 7:22 PM
T. Held Apr 17, 2011 7:25 PM
Apparently he/she just doesn't see all the drivers running red lights. That doesn't count? Or speeding. That doesn't count? Or running through stop signs with what we used to call "California stops." That doesn't count?
BikerRon70 Apr 17, 2011 7:32 PM
youredreamin Apr 17, 2011 7:36 PM
JGlowing Apr 17, 2011 7:44 PM
Additionally, I think bicyclists that break the law should be ticketed more often as well. A few weeks ago I had to slam on my brakes while making a left turn because an oncoming biker decided the stop sign didn't apply to him. From what I've seen, it's more common for bikers to cruise through intersections if they look safe rather than obeying the traffic signals like they're supposed to. It's unsafe and should be addressed as well.
default Apr 17, 2011 8:04 PM
since this occurred in town in a 25 mph zone about 20 minutes after it happened i continued on without injury as did she after recieving her citation for failure to yield.
if i had chosen to ride a bicycle that day id probably be road pizza and from the sounds of things theres people who'd want to throw the ol gal in jail. thats preposterous.
if you choose to put yourself in the most defenseless position possible on the road you have to live or die with the consequences since accidents believe it or not do happen.
Patrick Henry Apr 17, 2011 8:07 PM