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#1
03-25-2023, 07:46 AM
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Cyclist killed by motorist
A local female cyclist was killed on a route that I used to frequently ride. She was the mother of two small children. Driver charged with failure to slow to avoid another vehicle. Seems like a minor charge for running over someone and causing their death. It makes me angry and sad.
https://www.foxcarolina.com/2023/03/...sh-western-nc/
__________________
"There is no perfectionism on the road to contentment." 
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#2
03-25-2023, 09:12 AM
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https://www.wyff4.com/article/woman-...lina/43413358#
"Troopers say additional charges are possible." My guess is the first charge is a place holder until they saw what happened to her. Now that she died, hopefully they will re-file charges
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#3
03-25-2023, 10:19 AM
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not really a lot of information on either link to what the details are. Some times the only charges that can be made are minor no matter how bad it seems. be curious what the speed limit was and how close to the center of the road the victim was. was the road straight or curved or what. terrible no matter what but without knowing details hard to say what charges are appropriate.
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#4
03-25-2023, 11:56 AM
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When you are out on the narrower lanes in the UK, it is a pretty common occurrence to have an impatient motorist try to blow by you with a car coming the other way and blowing their horn. In those cases, it seems neither driver wants to yield an inch and us the poor cyclist, are just collateral damage.
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#5
03-25-2023, 01:24 PM
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Yeah that's a little close to home, riding out near there tomorrow am. Prayers for family and hopefully justice will be served to offending motorist. Side by side is a style I avoid unless on a MUP.
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#6
03-25-2023, 01:51 PM
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Quote:
Mowed down from behind. Again. And again. And again. It takes a comparatively long time to overtake a cyclist going 20mph. Plenty of extra time to see the cyclist and maneuver around them. These people aren't looking at the road. They're effing with their phones.
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#7
03-25-2023, 04:18 PM
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Quote:
The PD immediately puts on a smaller charge like this to signal to the insurance companies who is in the wrong. It's unlikely to be challenged by either the driver or their insurance. Once insurance knows that, civil law can start working. Criminal law often takes an investigation, particularly with manslaughter or vehicular homicide. I do not know enough about the case to know whether charges will be placed. Hopefully, justice is served both on the civil and criminal sides.
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#8
03-25-2023, 05:08 PM
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just a quick google of NC codes.
https://www.ncleg.gov/EnactedLegisla...S_20-141.4.pdf maybe they are waiting crime lab results for the driver's blood results to determine misd or felony . Last edited by jadmt; 03-25-2023 at 05:13 PM.
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#9
03-25-2023, 06:54 PM
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In the beginning there are, many times, not a complete set of facts or possible facts. Someone is dead, so its a homicide, but there lots of facts to be found out to determine the actual crime to be charged.
In general terms, a conviction of a crime or traffic law that was made law for the purpose of preventing an event like this creates per se liability. That paves the way to who is at fault and later perhaps how much their behavior will cost them. That’s the main benefit to things like 3 foot laws — they land liability on the right head.
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