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"
The big issue is that there are screwups on both sides of this controversy. Saw a bicyclist yesterday blow through a red light at a busy intersection without as so much as stopping - he didn't get hit but if the crossing driver, who had the right-of-way, did not use his brakes, there would have been a bit of splatter. I have also seen bicyclists cut off in bike lanes by cars turning right and not yielding the lane.
What needs to be done is some teeth put into this for enforcement. Bcyclists get the make and plate of the offending car and call it into a central number, say 911. Car drivers should have the same access as well to call in offending bicyclists. Since there are a few bad eggs on each side, they need to have the rugs pulled out.
I call on drunks all the time, and I am willing to call out both sides, when appropriate. Now put the teeth into the laws to allow for it and make the fines appropriate.
jadedeye Apr 17, 2011 8:23 PM
organizes group cycling road rides (i.e. not on the trail) I'll say this: when
cycling on a road with more than just yourself - ride single file. Please.
I'll give you a wide berth on any road I can, but on a two-lane country
road it makes it very difficult to pass cyclists riding two or three abreast.
The roads are OUR roads and I'll give you your space, but please keep
that in mind.
yoYoYOVANNI Apr 17, 2011 8:42 PM
feedusp53046 Apr 17, 2011 8:45 PM
My advice is that regardless of what the laws are, accidents and bicyclist deaths are going to happen the only difference will be the penalties.
Bicyclist weight = 130lbs-220lbs
Auto/Truck weight = 2500lbs-10,000lbs
Simple physics...
cynical Apr 17, 2011 8:47 PM
These were riders on expensive bikes wearing expensive clothing, not kids.
360guy Apr 17, 2011 8:50 PM
And besides, seeing you in those silly little spandex uniforms just makes me want to run you off the road. Beep beep!
Apr 17, 2011 9:00 PM
billyjack1 Apr 17, 2011 9:15 PM
talking on the phone, not texting, not yelling at their kids, not watching
a movie, not eating, not looking at the pretty trees... they should be
driving!
If they're doing anything more than that, it's inattentive driving and it's
illegal and it's dangerous, if they don't hit a bicyclist, they're going to hit
a car or a motorcycle or a pedestrian eventually. You're given the
privilege (not the right) to drive a ton-and-a-half piece of machinery up
to 65 mph and you're going to worry about a text or a french fry? Stop
thinking about yourselves for a change and starting thinking about the
other people out there.
JJ McJJ Apr 17, 2011 9:17 PM
carbcoma Apr 17, 2011 9:44 PM
ANYONE who isn't following the laws of the road deserves to be ticketed.
That includes bicyclists. And it also includes motorists.
But here's the thing - I have yet to hear ANY bicyclist say that a driver
needs to go to jail or pay a significant fine for hitting and/or killing a
cyclist who was not following the law. Look back in the forums. The
cyclists will say that it was a tragedy, but they also acknowledge that
the rider was at fault. No one wants to throw an innocent motorist in jail
for the actions of a cyclist who acted foolishly and it resulted in their
own death.
But when a car hits and kills a cyclist the majority of posters want to
blame the cyclist - regardless of who is at fault. And they come up with
all kinds of reasons why the motorist should not have to pay a significant
penalty.
To me, that is simply wrong.
The other argument that gets me riled up is when the motorists argue
that because cars are bigger bicycles should use common sense and stay
off the roads. Using that logic then cars should stay off the roads too.
After all, they are smaller than trucks. It would be foolish for them to
take such a risk. The laws of physics mean that in a truck vs car
accident the truck will win and the car will lose.
The roads should be shared. Both cyclists and and motorists should follow
the law. And the law should be enforced with the maximum penalty for
ANYONE - cyclist or motorist - who breaks the law.
Show some respect on both sides.
BDWIRunner Apr 17, 2011 10:54 PM
AndyinWauk Apr 17, 2011 10:57 PM
If they put their life on the line like this, they should NOT be protected.
Stay within 2' of the curb, and yield to cars and there would not be very many fatalities (also, realize you and your bike weigh a lot less than my truck and will probably loose in a collision)
lamby66 Apr 18, 2011 12:20 AM
Garuski Apr 18, 2011 1:27 AM
Because of this I take surface streets to get around or county rds. It may take me longer and cost more in gas money but I get there in one piece and I know that it is very unlikely for me to get seriously hurt in a 35MPH accident.
Also when I go through a green light I take my foot off the gas and check to my left and right as I enter the intersection.
If I was a biker I would stick to the bike paths. If I could not afford a car I would either walk to work or take the bus. Common sense dictates that even if you are 100% safe you can still get hurt. A bike can't even win against a smart car.
LukeL007 Apr 18, 2011 3:31 AM