Have you read the posts in this thread? 142 & 143 might be a start.
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.
Yes, I have. Do you have evidence that the truck driver broke the law?
Oh really? just my opinion? Drivers never do bad shit and get away with it. Nope, the system never fails! No problems here! Guess every cyclist advocacy group in the US is just a bunch of whiners and its just my opinion, man!. After all, I have no evidence of a problem
Seriously, you are dangerously in ‘stole more chains than he could swim with territory’.
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.
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”?
Yes, Mr Miskatonic, it’s your opinion. The GJ heard an extensive amount of evidence and turned down a trial based on that.
Title XIV Ch. 89
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.
evidence that the truck driver was at fault.
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.
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?
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.
Oh and for the record:
Nope! No problems here!
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?
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.
Uh-huh. My ‘prejudice’
Let me requote what I quoted from the post just above yours.
You see nothing wrong with this, apparently.
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.
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 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.
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.
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.
How, by watching what the guy behind him is doing???
Again, from the PA Bicycle Driver’s Manual
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.
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:
No, I don’t see anything wrong with this. A question was asked at a GJ hearing. News at 11:00.
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?
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.