# Grand jury does not indict trucker who struck and killed cyclist last August: Why not? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [February 7, 2013, 9:15pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640 "2013-02-07T21:15:27Z")\ **Posts on this page:** 20\ **Page:** 8
**Author:** ![bicycleguy](https://avatars.discourse-cdn.com/v4/letter/b/ecd19e/32.png) [@bicycleguy](https://boards.straightdope.com/u/bicycleguy)\ **Post date:** [February 17, 2013, 11:10pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/141 "2013-02-17T23:10:34Z")
> [@Magiver](#): > > Not really. Based on the video and Witness account the truck was moving up quickly behind the cyclist. The driver cleared the cyclist and at some point the rider launched INTO the truck. Since the cyclist is blocked by the truck, your statement that the rider launched into the truck is pure conjecture and only one possibility of what happened. But, just for the sake of argument, even if your guess is correct, the driver is still at fault. Two possibilities I can think of are that the air currents of a large mass that close to the bike pulled it under the back wheels, or, the cyclist was forced further to the right in order to prevent getting hit, hit the curb, and fell under the wheels. Either way, the driver is still at fault. He broke the law that says, if you cannot safely pass a vehicle, you must wait until you can. The draft and effect the trailer has on a cyclist is absolutely the responsibility of the trucker. ---
**Author:** ![Barrett\_Bonden](https://avatars.discourse-cdn.com/v4/letter/b/5e9695/32.png) [@Barrett\_Bonden](https://boards.straightdope.com/u/Barrett_Bonden)\ **Post date:** [February 17, 2013, 11:19pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/142 "2013-02-17T23:19:02Z")
> [@Magiver](#): > > Not really. Based on the video and Witness account the truck was moving up quickly behind the cyclist. The driver cleared the cyclist and at some point the rider launched INTO the truck. Absent a witness there is a lack of evidence that the truck driver did anything wrong. I think you are confusing the video (linked in post 36) with the actual accident. The video is from a camera at the intersection of Weston Road and Central Street and was taken shortly before the accident. The accident occurred close to the next intersection, Weston and Linden. There is no dispute that the bicyclist was ahead of the truck while both were traveling north on Weston, and no dispute that the truck driver elected to pass him. The truck driver admitted this when questioned by the police. Multiple eyewitnesses confirmed it. The driver insisted that he successfully passed the bicyclist. However, there was strong evidence to the contrary. ---
**Author:** ![Rick](https://avatars.discourse-cdn.com/v4/letter/r/9f8e36/32.png) [@Rick](https://boards.straightdope.com/u/Rick)\ **Post date:** [February 18, 2013, 4:14am UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/143 "2013-02-18T04:14:10Z")
> [@Mr.Miskatonic](#): > > Wow. You are really, really determined to blame the victim as much as possible in this case, aren’t you? > [@Magiver](#): > > Not really. Based on the video and Witness account the truck was moving up quickly behind the cyclist. The driver cleared the cyclist and at some point the rider launched INTO the truck. Absent a witness there is a lack of evidence that the truck driver did anything wrong. That’s the legal side of it which was already dealt with by a GJ. We don’t have all the info the GJ had so maybe there’s more to comment on in relation to a civil trial. can’t say. > > From a non-legal standpoint the cyclist put himself in a dangerous situation and died as a result of it. I don’t know if you’ve ever been within the legal limit of a truck passing by but I wouldn’t recommend it. Wait what? Let’s go over this again > [@](#): > > The driver cleared the cyclist and at some point the rider launched INTO the truck. Absent a witness there is a lack of evidence that the truck driver did anything wrong. Yeah except for the fact there was a witness, and I quoted her upthread. Here let me qoute her again, because you seem to be having an issue with memory here. > [@](#): > > …she thought the bicyclist was very brave for riding his bicycle in the roadway while having such a big truck come up from behind and pass him. > [name removed] who was very upset throughout our interaction said numerous time, “It wasn’t his (the bicyclist’s) fault! he didn’t do anything wrong! he was just coming down the hilll and the truck hit him. That truck was going way too fast! He (the truck driver) came barreling over that hill!”… > said she noticed the bicyclist and then the large truck coming up from behind him… > As the truck passed [name removed] on her left side, she explained to me she lost sight of the bicyclist because he was on the other side of the truck… > “After the truck passed me I saw the back wheel pop out” When asked to clarify what she meant, [name removed] explained to me she observed one of the crushed tires from the bicycle emerge from underneath the back tires of the large truck after it was run over. This is from the one eyewitness to the accident.Just so we are perfectly clear here, the important part is the last sentence > [@](#): > > \*\* When asked to clarify what she meant, [name removed] explained to me she observed one of the crushed tires from the bicycle emerge from underneath the back tires of the large truck after it was run over. \*\*And Magiver comes up with > [@](#): > > \*\* The driver cleared the cyclist and at some point the rider launched INTO the truck. Absent a witness there is a lack of evidence that the truck driver did anything wrong. \*\*Absent a witness? Absent a witness? If you got to page 2 of the police report you would have found the witness statement. If you were paying attention, I quoted the witness upthread. So the eyewitness says (and the forensic evidence agrees) that the rider was run over by the rear wheels of the trailer (which is part of the flippin truck) The truck never cleared the bicycle. But according to Magiver the truck passed him, and then somehow rider somehow launched into the truck. I guess he got up, reassembled the bike pedaled like the wind and then threw himself under the truck a second time just to make sure he was good and dead. Magiver that post of your has to be the single stupidest post I have ever read on the dope. ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [February 18, 2013, 5:45am UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/144 "2013-02-18T05:45:08Z")
> [@Mr.Miskatonic](#): > > Yes, and we all know how just the criminal system can be towards cyclists. :rolleyes: We do? ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [February 18, 2013, 5:46am UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/145 "2013-02-18T05:46:55Z")
> [@Mr.Miskatonic](#): > > Oh, please. The SWSS\* is you answer to this? Spare me. The cyclist had to move into the path of the tires. whether he fell off or struck a pole or bounced off the curb is unknown. ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [February 18, 2013, 5:50am UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/146 "2013-02-18T05:50:00Z")
> [@bicycleguy](#): > > Since the cyclist is blocked by the truck, your statement that the rider launched into the truck is pure conjecture and only one possibility of what happened. > But, just for the sake of argument, even if your guess is correct, the driver is still at fault. Two possibilities I can think of are that the air currents of a large mass that close to the bike pulled it under the back wheels, or, the cyclist was forced further to the right in order to prevent getting hit, hit the curb, and fell under the wheels. Either way, the driver is still at fault. He broke the law that says, if you cannot safely pass a vehicle, you must wait until you can. > The draft and effect the trailer has on a cyclist is absolutely the responsibility of the trucker. so if my car is affected by the draft of the trailer I can sue? ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [February 18, 2013, 5:53am UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/147 "2013-02-18T05:53:15Z")
> [@bicycleguy](#): > > Okay, I’m going to give you one more chance to come to your senses. And that’s as far as I’m willing to read when you start out like that. ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [February 18, 2013, 6:02am UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/148 "2013-02-18T06:02:15Z")
> [@Rick](#): > > Wait what? Let’s go over this again Yeah except for the fact there was a witness, and I quoted her upthread. Yes and I referred to her testimony. When I said there wasn’t a witness to the accident there wasn’t a witness to the accident. She was on the other side of the truck and down the street. She couldn’t see what took place and states that clearly (she explained to me she lost sight of the bicyclist because he was on the other side of the truck… “After the truck passed me I saw the back wheel pop out”) She saw the situation as it developed and I based my opinion on what she said. If the situation looked bad to her then the cyclist should have understood the danger of it better because he was more lined up to the path of the truck then she was. ---
**Author:** ![Mr.Miskatonic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mr.miskatonic/32/310_2.png) [@Mr.Miskatonic](https://boards.straightdope.com/u/Mr.Miskatonic)\ **Post date:** [February 18, 2013, 1:50pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/149 "2013-02-18T13:50:00Z")
> [@Magiver](#): > > We do? Yes. We do. Google ‘no justice for cyclists’ some time. Or even better, count the number where drivers _who were not drunk_ (or stoned) are convicted of a felony after striking and killing a cyclist. Your attitude is actually fairly typical, there are a lot of Magivers on juries, on the police, in the in the DA’s office. ---
**Author:** ![Mr.Miskatonic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mr.miskatonic/32/310_2.png) [@Mr.Miskatonic](https://boards.straightdope.com/u/Mr.Miskatonic)\ **Post date:** [February 18, 2013, 1:53pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/150 "2013-02-18T13:53:16Z")
> [@Magiver](#): > > The cyclist had to move into the path of the tires. whether he fell off or struck a pole or bounced off the curb is unknown. Another possibility is the trailer brushed him, struck him, and he lost balance. Even if your scenario happened it means the truck was not passing properly. ---
**Author:** ![Mr.Miskatonic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mr.miskatonic/32/310_2.png) [@Mr.Miskatonic](https://boards.straightdope.com/u/Mr.Miskatonic)\ **Post date:** [February 18, 2013, 1:57pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/151 "2013-02-18T13:57:36Z")
> [@Magiver](#): > > And that’s as far as I’m willing to read when you start out like that. Maybe if you hadn’t been misrepresenting the case facts and doing your best to blame the entire incident on the cyclist you wouldn’t get such statements. As it is, you are showing an amazing amount of bigotry and blame towards a cyclists who was riding legally. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [February 18, 2013, 6:02pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/152 "2013-02-18T18:02:36Z")
> [@Mr.Miskatonic](#): > > Yes. We do. Google ‘no justice for cyclists’ some time. > > Or even better, count the number where drivers _who were not drunk_ (or stoned) are convicted of a felony after striking and killing a cyclist. > > Your attitude is actually fairly typical, there are a lot of Magivers on juries, on the police, in the in the DA’s office. Why should _anyone_ be convicted of a felony after killing _anyone_ in a _accident_? Unless drunk, etc. ---
**Author:** ![Mr.Miskatonic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mr.miskatonic/32/310_2.png) [@Mr.Miskatonic](https://boards.straightdope.com/u/Mr.Miskatonic)\ **Post date:** [February 18, 2013, 6:33pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/153 "2013-02-18T18:33:20Z")
> [@DrDeth](#): > > Why should _anyone_ be convicted of a felony after killing _anyone_ in a _accident_? Unless drunk, etc. Accident, intentionally attacking, completely negligent, gross indifference, the convictions remain the same. Most ‘accidents’ aren’t. ---
**Author:** ![desertmonk](https://avatars.discourse-cdn.com/v4/letter/d/898d66/32.png) [@desertmonk](https://boards.straightdope.com/u/desertmonk)\ **Post date:** [February 18, 2013, 6:44pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/154 "2013-02-18T18:44:04Z")
Magiver, are you one of those people that say a rape victim kinda had it coming because they “shouldn’t have gone out to a bar anyways”? ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [February 18, 2013, 6:58pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/155 "2013-02-18T18:58:29Z")
> [@Mr.Miskatonic](#): > > Yes. We do. Google ‘no justice for cyclists’ some time. > > Or even better, count the number where drivers _who were not drunk_ (or stoned) are convicted of a felony after striking and killing a cyclist. > > Your attitude is actually fairly typical, there are a lot of Magivers on juries, on the police, in the in the DA’s office. You’re just flinging your personal opinion around. This case is a perfect example. If you don’t have the evidence to convict then there is no conviction. It applies to bikes, cars, trucks, tractors and any other combination of same. ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [February 18, 2013, 7:06pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/156 "2013-02-18T19:06:35Z")
> [@Mr.Miskatonic](#): > > Another possibility is the trailer brushed him, struck him, and he lost balance. > > Even if your scenario happened it means the truck was not passing properly. :rolleyes: I mentioned this possibility earlier. If there was evidence of this then the trial would have gone forward. ---
**Author:** ![Mr.Miskatonic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mr.miskatonic/32/310_2.png) [@Mr.Miskatonic](https://boards.straightdope.com/u/Mr.Miskatonic)\ **Post date:** [February 18, 2013, 7:14pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/157 "2013-02-18T19:14:49Z")
> [@Magiver](#): > > :rolleyes: I mentioned this possibility earlier. If there was evidence of this then the trial would have gone forward. And as I pointed out the justice system fails cyclists at almost every level, so excuse me if I am not impressed with the 'if it had happened that way they would have convicted!" routine. ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [February 18, 2013, 7:16pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/158 "2013-02-18T19:16:37Z")
> [@desertmonk](#): > > Magiver, are you one of those people that say a rape victim kinda had it coming because they “shouldn’t have gone out to a bar anyways”? No, I’m one of those people who looks at the evidence. Do you have evidence that the driver was too close to the cyclist or caused the accident? ---
**Author:** ![Mr.Miskatonic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mr.miskatonic/32/310_2.png) [@Mr.Miskatonic](https://boards.straightdope.com/u/Mr.Miskatonic)\ **Post date:** [February 18, 2013, 7:16pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/159 "2013-02-18T19:16:58Z")
> [@Magiver](#): > > You’re just flinging your personal opinion around. This case is a perfect example. If you don’t have the evidence to convict then there is no conviction. It applies to bikes, cars, trucks, tractors and any other combination of same. Wrong. This is an example of the system failing cyclists as it is very want to do, and you being a perfect enabler of that failure by blaming the cyclist and misrepresenting the evidence. ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [February 18, 2013, 7:18pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/160 "2013-02-18T19:18:24Z")
> [@Mr.Miskatonic](#): > > And as I pointed out the justice system fails cyclists at almost every level, so excuse me if I am not impressed with the 'if it had happened that way they would have convicted!" routine. You’ve pointed out nothing but your opinion. You have no evidence that the system fails for cyclists over any other demographic group. [Previous page](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640.md?page=7) [Next page](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640.md?page=9)