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Fatal rear-end collision with bicyclist results in traffic tickets only
posted by Brent Hugh at 11/18/2008 09:14:00 PM
According to a Kansas City Star article, forwarded by several contributors:
Kyle Van Meter was driving west on a county road when he rear-ended Lt. David Dillon’s bicycle on June 28, said District Attorney Charles Branson, who also said Van Meter told authorities he was distracted by the radio and did not see the officer until the impact.

The Kansas Highway Patrol investigated the accident and reported the outcome to Branson. He said he has sent the case back to them suggesting that tickets be issued for unsafe overtaking/passing, following too closely and failure to wear a seatbelt, he said in a press release.

The death does not warrant state criminal charges, Branson said, but “it is a difficult time for the family, the sheriff’s Department and all those involved.”

He also noted that studies have shown that 80 percent of crashes are caused by distracted drivers.
The problem we face--in both Kansas and Missouri--is that the penalties from the tickets will be trivial. Yet the District Attorney is undoubtedly correct that the situation does not, under current law, rise to the level of felony charges like involuntary manslaughter.

The result is the driver will get a few hundred dollars worth of fines, at most.

For the past several legislative sessions, MoBikeFed has supported an intermediate penalty for situations like this--more severe penalties and restrictions on the driving privilege of drivers whose carelessness and inattention leads to serious injuries or fatalities.

The situation seems to warrant more than a slap on the wrist and yet less than hard prison time.
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