[SUX VR40 Rider]

Another case of law enforcement not doing their job by not charging a bad driver with distracted driving that resulted in injuries to a cyclist.

Link: She should have been charged!

[Industry_Hack]

Can you provide a link to the news article?

[SUX VR40 Rider]

Originally Posted by Industry_Hack

Can you provide a link to the news article?

Decorah bicyclist injured Tuesday in car accident

This is the article as it is posted on bikleiowa.com. If you click on the link at the bottom of the bikeiowa article it says "Sorry, this page no longer exists in our system. Please click here." If you click on the "Please click here" It takes you to the main page of the Decorah newspaper.

[Industry_Hack]

What should she have been charged with?

[SUX VR40 Rider]

Originally Posted by Industry_Hack

What should she have been charged with?

Distracted driving or what ever the current equivalent is in Iowa. Right now the law is vague and hard to understand an interprite with out effort by law enforcement. Until it is made more clear and the job of law enforcement is made easier by a new law that makes it clear drivers will continue to not be held accountable for their bad decisions and behavior.

Some drivers know the law is not real clear on what they can and cannot be charged with and have used that as carte blanche to harass cyclists on purpose.

Right now a lot of it boils down to how much effort an LEO wants to put into researching what a driver can be charged with. I think a lot of the time they are lazy and unless it is obvious and celar what a drive can be charged with they do not bother to consult with what ever resources they have at their disposal.

I do not expect them to know and memorize every single traffic law on the books. I do expect, if they have a question or do not know, to admit they do not know and tap into their resources to find out. Every police law enforcment car in Iowa is equipped with an on board computer with access to the internet and access to their version of an intranet that only they have access to. I cannot believe if they have a questions as to what a driver should be cited or charged with they do not have a resouce to consult with on the spot that would only take a few minutes to do so.

[Industry_Hack]

Is there a specific vehicle code violation that would apply?

[SUX VR40 Rider]

Originally Posted by Industry_Hack

Is there a specific vehicle code violation that would apply?

I don't know. I do know that law enforcement can and have charge/charged and cite drivers for distracted driving.

[funetical]

Accidents happen. It sucks, but not everything requires a charge. What punishment would have fit this? What law would have prevented it?

[LarryM]

According to this
decorahnews.com - Decorah news NOW! Decorah, Iowa | Traffic charge has now been filed against motorist in car/bicycle accident
on Monday she was charged with Following to Closely.

Traffic charge has now been filed against motorist in car/bicycle accident
Posted: Mon, Oct 4, 2010 9:24 PM

A charge of "following too closely" has been filed against 55-year-old Sherri Heckstein of Decorah in the wake of an accident that injured a bicyclist last week.

50-year-old John Condon was riding his bike north on Locust Road around 4:00 p.m. last Tuesday. Heckstein of Decorah was driving her car north on Locust Road, when some items fell off the visor of the car, distracting her. When she struck Condon, he was thrown from his bike, landing ten feet away and suffering minor road rash and contusions on his left shoulder, left side and right calf.

Heckstein was not immediately ticketed in connection with the accident, but traffic charges were formally filed against her on Monday.

[SUX VR40 Rider]

Originally Posted by funetical

Accidents happen. It sucks, but not everything requires a charge. What punishment would have fit this? What law would have prevented it?

This was not an accident. An accident is unavoidable. This was easily avoidable. It was a collision, unintentional or otherwise but a collision none the less, NOT an accident.

If you really need to know how this could have been avoided re-read the article to see what she told police as to how it happened. She even admitted how and why it happened, thus admitting guilt.

A citation with a fine would have fit this. Perhaps she has other collisions on her record and after the next one her insurance rates would increase and perhaps this was the next collision that would her rate to increase if there was damage to her vehicle.