# Grand jury does not indict trucker who struck and killed cyclist last August: Why not?

**URL:** <https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640>\
**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:** 9

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**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, 7:18pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/161 "2013-02-18T19:18:51Z")

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> [@Magiver](#):
>
> 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?

Have you read the posts in this thread? 142 & 143 might be a start.

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**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 18, 2013, 7:23pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/162 "2013-02-18T19:23:38Z")

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> [@Magiver](#):
>
> 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?

Well we know the width of the truck. We know the spot at which the driver passed the cyclist and we know the width of the road at that point. We also know the driver did not move to his left to allow more room for the cyclist because there was oncoming traffic.

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**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, 7:24pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/163 "2013-02-18T19:24:41Z")

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> [@Mr.Miskatonic](#):
>
> Have you read the posts in this thread? 142 & 143 might be a start.

Yes, I have. Do you have evidence that the truck driver broke the law?

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**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, 7:37pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/164 "2013-02-18T19:37:39Z")

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> [@Magiver](#):
>
> You’ve pointed out nothing but your opinion. You have no evidence that the system fails for cyclists over any other demographic group.

Oh really? just [my opinion](http://bicycleaustin.info/justice/)? Drivers [never do bad shit and get away with it](http://articles.chicagotribune.com/2010-07-19/features/ct-talk-new-brotman-bike-20100719_1_cyclists-intensive-probation-video-game). Nope, [the system never fails!](http://www.mysanantonio.com/news/local_news/article/Jury-driver-who-killed-bicyclists-not-guilty-3848482.php) [No problems here](http://www.abqjournal.com/main/2011/11/07/opinion/cyclists-death-shows-justice-has-boundaries.html)! Guess every cyclist advocacy group in the US is just a bunch of whiners and its [just my opinion, man!](http://www.streetsblog.org/2012/10/25/nypd-snafu-means-no-justice-for-bronx-cyclist-left-to-die-in-the-street/). After all, I have [no evidence of a problem](http://blog.mississippi.robertnkatz.com/2011/08/no-justice-for-jan-morgan-motorist-who-stuck-starkville-ms-bicyclist-with-her-car-may-not-be-held-ac.html)

Seriously, you are dangerously in ‘stole more chains than he could swim with territory’.

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**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, 7:43pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/165 "2013-02-18T19:43:33Z")

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> [@Barrett\_Bonden](#):
>
> Well we know the width of the truck. We know the spot at which the driver passed the cyclist and we know the width of the road at that point. We also know the driver did not move to his left to allow more room for the cyclist because there was oncoming traffic.

We do not know that the driver did not move to the left because there was traffic in the oncoming lane. We do know that he cleared the bike with the tractor. People swing in to my lane all the time to give way to bikes. It doesn’t mean they take up my whole lane.

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**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, 7:44pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/166 "2013-02-18T19:44:23Z")

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> [@Magiver](#):
>
> Yes, I have. Do you have evidence that the truck driver broke the law?

What would it take for you to say “the bicycle had ever right to be on that road and the truck driver is the only one responsible for the cyclist’s death”?

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**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, 7:46pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/167 "2013-02-18T19:46:10Z")

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> [@Mr.Miskatonic](#):
>
> Oh really? just [my opinion](http://bicycleaustin.info/justice/)? Drivers [never do bad shit and get away with it](http://articles.chicagotribune.com/2010-07-19/features/ct-talk-new-brotman-bike-20100719_1_cyclists-intensive-probation-video-game). Nope, [the system never fails!](http://www.mysanantonio.com/news/local_news/article/Jury-driver-who-killed-bicyclists-not-guilty-3848482.php) [No problems here](http://www.abqjournal.com/main/2011/11/07/opinion/cyclists-death-shows-justice-has-boundaries.html)! Guess every cyclist advocacy group in the US is just a bunch of whiners and its [just my opinion, man!](http://www.streetsblog.org/2012/10/25/nypd-snafu-means-no-justice-for-bronx-cyclist-left-to-die-in-the-street/). After all, I have [no evidence of a problem](http://blog.mississippi.robertnkatz.com/2011/08/no-justice-for-jan-morgan-motorist-who-stuck-starkville-ms-bicyclist-with-her-car-may-not-be-held-ac.html)

Yes, Mr Miskatonic, it’s your opinion. The GJ heard an extensive amount of evidence and turned down a trial based on that.

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**Author:** ![eschereal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eschereal/32/18939_2.png) [@eschereal](https://boards.straightdope.com/u/eschereal)\
**Post date:** [February 18, 2013, 7:47pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/168 "2013-02-18T19:47:19Z")

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> [@Magiver](#):
>
> Yes, I have. Do you have evidence that the truck driver broke the law?

[Title XIV Ch. 89](http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter89/Section2)  
_Section 2. Except as herein otherwise provided, the driver of a vehicle passing another vehicle traveling in the same direction shall drive a safe distance to the left of such other vehicle and shall not return to the right until safely clear of the overtaken vehicle; and, if the way is of sufficient width for the two vehicles to pass, the driver of the leading one shall not unnecessarily obstruct the other. If it is not possible to overtake a bicycle or other vehicle at a safe distance in the same lane, the overtaking vehicle shall use all or part of an adjacent lane if it is safe to do so or wait for a safe opportunity to overtake._

It was pretty clearly not safe to pass.

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**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, 7:47pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/169 "2013-02-18T19:47:22Z")

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> [@desertmonk](#):
>
> What would it take for you to say “the bicycle had ever right to be on that road and the truck driver is the only one responsible for the cyclist’s death”?

evidence that the truck driver was at fault.

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**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, 7:49pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/170 "2013-02-18T19:49:08Z")

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> [@For You](#):
>
> [Title XIV Ch. 89](http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter89/Section2)  
> _Section 2. Except as herein otherwise provided, the driver of a vehicle passing another vehicle traveling in the same direction shall drive a safe distance to the left of such other vehicle and shall not return to the right until safely clear of the overtaken vehicle; and, if the way is of sufficient width for the two vehicles to pass, the driver of the leading one shall not unnecessarily obstruct the other. If it is not possible to overtake a bicycle or other vehicle at a safe distance in the same lane, the overtaking vehicle shall use all or part of an adjacent lane if it is safe to do so or wait for a safe opportunity to overtake._
> 
> It was pretty clearly not safe to pass.

That does not show that the driver did not provide the legal distance to the rider. Now if he struck an oncoming car he would be held responsible for crossing the center line.

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**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, 7:54pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/171 "2013-02-18T19:54:20Z")

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> [@Magiver](#):
>
> Yes, Mr Miskatonic, it’s your opinion. The GJ heard an extensive amount of evidence and turned down a trial based on that.

And a Grand Jury cannot possibly have any prejudices.

I’m sure some jurists heard evidence of lynchings back in the 60’s and turned down convictions as well. Does that mean that inherent racism in that era was just someone’s opinion?

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**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 18, 2013, 7:56pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/172 "2013-02-18T19:56:39Z")

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> [@Magiver](#):
>
> We do not know that the driver did not move to the left because there was traffic in the oncoming lane. We do know that he cleared the bike with the tractor. People swing in to my lane all the time to give way to bikes. It doesn’t mean they take up my whole lane.

I’m not surprised that the truck driver cleared the bike with the cab. The cab was the narrowest part of his vehicle. The driver was also responsible for the trailer.

Are you claiming that the truck driver is not guilty of unsafe overtaking of a bicyclist because he might have moved into the opposing lane while there was oncoming traffic in it? Because as I read the law, that’s illegal also.

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**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, 7:57pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/173 "2013-02-18T19:57:21Z")

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> [@Mr.Miskatonic](#):
>
> And a Grand Jury cannot possibly have any prejudices.

Oh and for the record:

> **[Cyclists say their rights are going unrecognized - The Boston Globe](https://www.bostonglobe.com/metro/2013/02/15/cyclists-react-with-anger-after-grand-jury-returns-indictment-wellesley-bike-crash-case/JDTtJSawtj34hxAAP5Y0RI/story.html)**
>
> For supporters of Boston’s growing bike culture, a perceived lack of criminal prosecution of motorists involved in fatal bike crashes has been a regular source of outrage in recent years. That ire came to a fever pitch last week when a grand jury...

> [@](#):
>
> “This [Wellesley case] just reveals the prejudice there is in the general population against bicyclists,” Fischer said. “I’ve seen it in jury pools. It’s very difficult for a bicyclist who’s been in an accident with a motorist to get a fair jury.”
> 
> According to Chief Terrence Cunningham of the Wellesley Police Department, Fischer is probably right.
> 
> Cunningham said that he initially felt confident the charges against the truck driver would stick, but that **he grew concerned when he heard that a member of the grand jury had asked a question of a Wellesley detective that suggested the juror did not understand the truck’s obligation to yield to the bicycle.**
> 
> “Personally, I don’t feel they followed the law,” Cunningham said. “But that’s the process.”

Nope! No problems here!

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**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, 8:17pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/174 "2013-02-18T20:17:59Z")

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> [@Mr.Miskatonic](#):
>
> And a Grand Jury cannot possibly have any prejudices.

You’re still flinging your opinion. Absent actual evidence that the driver was at fault you’re now attacking the GJ. How do you not understand your prejudice in this matter?

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**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, 8:24pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/175 "2013-02-18T20:24:06Z")

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> [@Barrett\_Bonden](#):
>
> I’m not surprised that the truck driver cleared the bike with the cab. The cab was the narrowest part of his vehicle. The driver was also responsible for the trailer.
> 
> Are you claiming that the truck driver is not guilty of unsafe overtaking of a bicyclist because he might have moved into the opposing lane while there was oncoming traffic in it? Because as I read the law, that’s illegal also.

Yes, it should be clear from what I said would be illegal. But he didn’t hit a car nor did a car bounce off the curb and shoot under the trailer. And yes, the driver is responsible for the trailer. But there is no evidence available that says the trailer struck the cyclist.

This case lacks the evidence needed to determine what happened. I don’t understand why this is so hard to comprehend. A terrible misjustice might have occurred, or it might not have occurred.

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**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, 8:27pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/176 "2013-02-18T20:27:25Z")

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> [@Magiver](#):
>
> You’re still flinging your opinion. Absent actual evidence that the driver was at fault you’re now attacking the GJ. How do you not understand your prejudice in this matter?

Uh-huh. My ‘prejudice’

Let me requote what I quoted from the post just above yours.

> [@](#):
>
> Cunningham said that he initially felt confident the charges against the truck driver would stick, **but that he grew concerned when he heard that a member of the grand jury had asked a question of a Wellesley detective that suggested the juror did not understand the truck’s obligation to yield to the bicycle.**

You see nothing wrong with this, apparently.

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**Author:** ![Spiderman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spiderman/32/230_2.png) [@Spiderman](https://boards.straightdope.com/u/Spiderman)\
**Post date:** [February 18, 2013, 8:38pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/177 "2013-02-18T20:38:39Z")

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> [@Magiver](#):
>
> The road narrows after the bridge and the intersection. It’s the center line that remains constant and not the curb. the curb moves to the left. He had no choice but to move to the left. By default, the distance between the truck and the curb becomes reduced. It’s just a bad situation to ride into. What is legal and what is safe are not always mutually inclusive.

There is a serious flaw in your statement. It doesn’t matter how much distance there is between the center line & the curb since the cyclist is legally allowed to be riding in the travel lane. Did the travel lane get smaller or just the shoulder to the right of the travel lane? On the supposition that he was in the travel lane the whole time, he would not have needed to move left at all.  
That being said, it is a good safety practice to move left as the shoulder disappears to give oneself an emergency buffer to the right in case, oh I don’t know, a truck came too close to me. However, this is not an absolute necessity. Personally, I try to never ride within 3’ of a curb because of things like stormwater inlets. I know I can probably ride over them w/o incident, but why risk it. If there’s a truck to my left, I will risk it.

> [@Magiver](#):
>
> The tractor passed the cyclist. That tells us that there was sufficient room to pass but it doesn’t specify how much room that consists of. But in order for the trailer to close the gap the tractor has to veer to the right and the trailer has to follow until the back again lines up with the front of the trailer. It’s not instantaneous.

Ever think of the possibility that, as **Rick** called him, Sparky McNumnuts pulled a little too far to the right when his tractor passed the cyclist, this would cause his trailer to fishtail maybe just enough to come in contact with the cyclist?  
In [Part 3](http://www.scribd.com/doc/123808087/Weston-Road-Crash-Incident-report-Part-3) of the police report (pg 8/13, 2nd ¶) indicates, that based on wear marks, the trailer tire may have rubbed against the pedal. The last sentence states that this was being sent for further investigation.

> [@Magiver](#):
>
> From the description of the rider and the distance he traveled before the accident it appears he was on a lightweight racing bike.

Wow, something we can agree on! From the pix I saw, it appears to be a Specialized Shiv, a higher-end special purpose time trial/triathlon bike. Another pic shows what appears to be a better quality Specialized road helmet.

> [@Magiver](#):
>
> From my experience riding with people with racing bikes they get into trouble really quickly.

My experience is just the opposite, people don’t tend to spend the money on a higher-end bike until they’ve been riding for a while (& therefore have experience) & decide they like it & want to spend the money on better equipment. Therefore, as a general rule, people on better bikes tend to be better riders than those on department store specials.

> [@Magiver](#):
>
> From a criminal case they didn’t have the evidence needed to indict the driver. As far as the civil case goes we have a cyclist who can’t stay ahead of vehicle entering a narrowed road with a truck right behind him. Just as a driver is expected to give way to a cyclist a cyclist will be expected to exercise restraint as it affects those around him. If the trucker is suppose to recognize it’s a dangerous situation, so should the cyclist.

How, by watching what the guy behind him is doing???  
Again, from the [PA Bicycle Driver’s Manual](http://www.dot.state.pa.us/Internet/Bureaus/pdBikePed.nsf/infoChapterTwo?OpenForm)

> [@](#):
>
> Since you don’t have eyes in the back of your head, you can’t be expected to keep track of the traffic behind you at all times.

> [@Magiver](#):
>
> The truck driver made the best of a bad situation and drove around the cyclist. whether he was at the magic number of 3+ feet is relevant but not exclusive to the situation because the truck driver is also responsible for the cars and people around him.

Let’s assume bike/rider are 2’ wide & rider is only 6” from right edge of lane line. That’s 2½” + 8½” of truck is 11’. If Sparky McNumnuts had given 3’ or 4’ of clearance, he’d be in the other lane (with oncoming traffic) so we know he didn’t do this & was therefore merely inches away from the cyclist. A slight hiccup from either party & you see what happened here. In short, Sparky did not pass safely!  
NASCAR cars ride real close together, but even those \*professional \*drivers don’t always make it w/o rubbing up against each other. Of course their vehicles are comparible in size/weight so one doesn’t have a distinct advantage over the other. I am also pretty sure that they don’t have a driving record of chargeable accidents & license suspensions as long as their arm.

> [@Magiver](#):
>
> Personally I was taught to look under parked cars as I drive to see if there are any kids or pets waiting to spring out into my path. It’s paid off a couple of times but I’m not patting myself on the back.

> [@Magiver](#):
>
> It’s to the point now that when I pass a bike on a busy road I pump my brakes rapidly so the guy behind me gets some kind of alert with the flashing brake lights.

Well since you’re obviously so much better of a driver than all of us we should all just bunny-hop a perpendicular curb, stay on the sidewalk, & stop for any cars we may encounter on our way home. :rolleyes:

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**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, 8:41pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/178 "2013-02-18T20:41:00Z")

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> [@Mr.Miskatonic](#):
>
> Uh-huh. My ‘prejudice’
> 
> Let me requote what I quoted from the post just above yours.
> 
> You see nothing wrong with this, apparently.

No, I don’t see anything wrong with this. A question was asked at a GJ hearing. News at 11:00.

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**Author:** ![SmellMyWort](https://avatars.discourse-cdn.com/v4/letter/s/ea5d25/32.png) [@SmellMyWort](https://boards.straightdope.com/u/SmellMyWort)\
**Post date:** [February 18, 2013, 8:41pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/179 "2013-02-18T20:41:23Z")

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> [@Magiver](#):
>
> Yes, it should be clear from what I said would be illegal. But he didn’t hit a car nor did a car bounce off the curb and shoot under the trailer. And yes, the driver is responsible for the trailer. But there is no evidence available that says the trailer struck the cyclist.

Oh, except that the eye witness saw the bike come out from under the tires. So either the trailer clipped the biker or the biker “somehow” lost control and fell under the trailer while it was passing. Do you care to speculate as to what could cause a biker to lose control while being based in the same narrow lane by a huge truck?

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**Author:** ![Merneith](https://avatars.discourse-cdn.com/v4/letter/m/57b2e6/32.png) [@Merneith](https://boards.straightdope.com/u/Merneith)\
**Post date:** [February 18, 2013, 8:49pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/180 "2013-02-18T20:49:24Z")

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My uncle died while bike riding on a forest trail. He hit a small rock, went over the handle bars, and hit his head on a bigger rock. It’s not blaming him to say that; that’s just the sequence of events. It wasn’t his fault, or the bike’s fault, or even the rock’s fault. If a truck had been driving next to him, it wouldn’t have been the truck’s fault if he’d fallen under the wheels.

It’s plausible that the truck and/or trailer drifted right and hit the cyclist. It’s also plausible that the cyclist drifted right, hit the curb and fell over. There’s not enough info in the police report alone to know which is more likely.

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