February 4, 2006
Von J. Christiansen
Beaver County Attorney
2160 South 600 West
P.O. Box 471
Beaver, UT 84713
RE: Bicycle Safety in Utah
Dear Mr. Christiansen:
I am writing on behalf of Utah bicyclists in regards to Mr. William Fails who was killed while bicycling on August 12, 2004, when a 26-yr old hit him from behind with his truck. We are asking for a response from you, in light of information presented below, as to why the motorist Mr. Smith was not held accountable for this most egregious act of negligence and was allowed to continue driving with this now known potential for carelessness.
Your reasons for not pursuing criminal charges, communicated in a phone call in November 2004 and listed below, are followed with our responses.
1) the driver of the bicycle was not as close to the right side of the road as practicable. According to the report, there is a 3 foot-wide shoulder, and the bicyclist was one foot from the white line, and therefore 4 feet total from the edge of the road. There was nothing to push him out into the lane so he was in violation of the law.
2) the motorist didn't properly move around the vehicle. But there were no witnesses to dispute the driver's claim that the bicyclist veered into the turn lane, just before getting side-swiped.
Response to Reason #1:
The shoulder is NOT part of the roadway, as defined in UCA 41-6-1:
"Roadway" means that portion of highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk, berm, or shoulder, even though any of them are used by persons riding bicycles or other human-powered vehicles”
and the "keep right" rule at UCA 41-6-87 uses the term "roadway".
So Mr. Fails was not in violation of the law. Bicyclists have every legal right to ride in the travel lane on the road. The shoulder of a rural road rarely provides the smooth and debris-free riding surface required for safe bicycling. In some cases it is actually safest for the cyclist to ride toward the center of the lane when no shoulder exists, because it encourages motorists to pass safely in the left lane rather than attempt to squeeze by the cyclist in the same lane. Also, experienced bicyclists prefer and cycling safety education programs teach cyclists to ride in a prominent road position to be more visible.
Response to Reason #2:
You are correct in saying that the motorist didn’t properly move around the vehicle. If he had passed at a safe speed and distance, Mr. Fails would still be alive. We know that Mr. Fails was an experienced cyclist and was wearing a bright orange vest to be more visible. An abrupt turn into the traffic lane is simply not realistic. The woman who hit and killed bicyclist Josie Johnson, who was charged with negligent homicide, admitted to fabricating a story at the scene that the cyclist swerved in front of her at the last minute.
You also mentioned the family not pressing for vengeance as a reason for not prosecuting Mr. Smith. When a bicyclist is hit and killed by a negligent motorist, we have lost one of our own. It could have been any one of us. Our reasoning for pursuing justice in these cases is to increase safety for all users of the road. We can create courtesy and respect among all road users by raising awareness of the rights of bicyclists on the road and make sure there are consequences for careless driving. Hitting a cyclist from behind is rare, deadly, and grossly negligent. When a motor vehicle strikes another motor vehicle from behind, there is no question who is at fault. How is it that when a motor vehicle strikes a bicycle from behind, causing death, that there could be no consequence?
We appreciate the favor of a reply, in light of any new information we have presented in this letter. You may help us understand how to improve consideration for bicyclists under the law, and eventually increase safety for bicyclists who have all the same rights and responsibilities to the roads as motorists.
Sincerely,
Directors of the Utah Bicycle Coalition
Travis Jensen________________________ Dave Iltis__________________________
Brian Price__________________________ John Weis__________________________
Malcolm Campbell____________________ Bob Springmeyer____________________
Ken Johnson_________________________ Jason Bultman______________________