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"
Enlighten Apr 18, 2011 12:35 PM
I think the legal penalty issue is moot; these situations are called 'accidents' for a reason, they're a large difference between a misjudgement and deliberate intent to injure, maim or kill.
If you're found guilty of the traffic violation, you have the recourse of taking the guilty party to civil court and sue for recompense there, the creation of laws should NOT be a contest to see how many criminals we can create and/or incarcerate.
Let's look put the shoe on the other foot: As a bicyclist, how would feel is you were handed a citation for running a stop sign or red light, complete with points against your WI driver's license?
I'll wager most of the cyclists would be in court, whining "It's nor fair!" to the presiding judge.
Milwaukee Murph Apr 18, 2011 12:56 PM
The bike riders know the risk and accept it by riding on roads designed for cars (not bikes) they should NOT be protected like DOT workers are.
lamby66 Apr 18, 2011 2:08 PM
http://www.dot.wisconsin.gov/safety/vehicle/bicycle/rules.htm
okiefo Apr 18, 2011 3:47 PM
I'm sure if these people knew someone killed by a distracted driver or by a driving making an illegal turn or running a red light, their opinion would change.
umgopher1 Apr 18, 2011 4:22 PM
and studies have shown that nine times out of ten it is the drivers fault
in car-bike collisions. No one's life is cheaper in Wisconsin than a
bicyclist, I don't believe the drivers in the fatal collisions last year spent
even one day in jail.
There is an unfortunate bicycle advocacy that thinks more miles of bike
lanes equal progress. These lanes are needed in some places but in
others they are placed on high traffic streets one block off of quiet
residential streets. Considering the stupidity of this I can only support
separate non-street bicycle trails .
imaccman Apr 18, 2011 5:08 PM
I believe it is legal for cyclists to proceed through a red light. They must however come to a complete stop and determine that it is safe to cross. This was written into the law due to the number of weight sensored intersections that a cyclist would not be able to activate as a car would.
Work together, respect each other and coexist!
Apr 18, 2011 5:17 PM
whippedcream Apr 18, 2011 5:44 PM
wow if this is the same "-" who posts stuff in other threads I hope you dont ever get into a crash with a cyclist...an IP address is an easy thing to track down
ride no evo Apr 18, 2011 8:10 PM
Newster Apr 18, 2011 11:05 PM
Let me put is this way.. I am not against bikes on the road. I am against ANY vehicle that is not driving the posted speed limit (or very near it) being allowed on roads. This includes the 90 year old granny that for some reason thinks that 25mph is plenty fast on Hwy 33, Or the 8 wheeled CASE that is poking along at 10 MPH. But the one thing these drivers do that SOME bike riders do not is pull as far to the right as possible to allow the faster driver to safely pass..
If you can pedal up a hill at 55MPH than for all means be in the middle of the lane.. if not GET OFF THE ROAD!!!
And to the other poster. No, I have NEVER intentional got anywhere NEAR a bike rider. I will give them all the room I can. If I am a nice wide open area that is flat and straight (meaning it is safe to do this) I will be entirely in the next lane and let the biker have a complete lane. When I come around a blind corner or crest a hill at 40-60 MPH the last thing you want to see is a biker putzing along in your lane.
I will say this though. If it came down to either hitting a biker in my lane or swerving into an oncoming car head on to avoid the biker.. I am taking my chance with the bike. and any of you that think you would choose otherwise are lieing to yourself.
lamby66 Apr 19, 2011 12:24 AM
"Work together, respect each other and coexist!"
So not only did you state that seeing people in spandex makes you want to commit a felony...but now you think that they put sensors that detect weight under concrete?? How does respect and coexist work into your road rage situation?
Is this the same "-"??
ride no evo Apr 19, 2011 3:20 AM
are lawfully allowed to drive. Only interstate highways in Wisconsin have
posted minimum speeds.
okiefo Apr 19, 2011 5:11 AM
I apologize the funny squares you see are not weight sensors, they are demand sensors that sense ferrous metals when a vehicle large enough is present. My bad!
Also, I am not the poster who talked about seeing spandex makes me want to hit the cyclist. For some reason my name did not appear on the post. Anyone who ever gets on a bike and rides for thousands of miles a year would understand why we were the gear we do.
I pay taxes to use the roads with any vehicle I choose, either bike, motorcycle or automobile, just the same as someone who chooses only to use an automobile. The point is that we all share these roads and we need to.......Work Together, Respect Each Other and Coexist!
Hope this clears up my statement
Apr 19, 2011 7:10 AM