Manistee Fatality: Moped's Right of Way Ignored

[XLFD]

Accident claims life of moped driver in Manistee

LDN Staff -

Tuesday, August 31, 2010

A 72-year-old Manistee man, Clifford Lawrence Ake Jr., riding a moped was killed Sunday in an accident at the corner of Maple Street and Fourth Street. The initial investigation by Manistee City Police indicates the moped was southbound on Maple Street where it was struck by a vehicle failing to yield to oncoming traffic entering the intersection at Fourth Street. The vehicle was driven by a 48-year-old Manistee resident. Neither alcohol nor speed were factors in the accident according to the department. The accident remains under investigation.

 

 

Two points about this incident.  The first is that I had always wondered why accident victims/fatalities names are routinely given, whereas those who caused the problems were left nameless.  I had thought it may have been due to pending investigations for keeping the info confidential.  But I found out that if you get into an accident in Michigan, the record of the accident, as regards to the people involved, is considered as private (Midwestern Audit v. Michigan State Police, 2000). 

 

So when a motorist travels on a public highway in broad daylight and crashes into other vehicles or other road-users its as private as if it happens in the privacy of their home.  Interesting-- so when you see a name in a report its either the fatality, or one of those involved who has voluntarily given their name to the media.  You are required to give your name to the police agency, so if you are in an accident and do not give your name to anyone other than a LEO, yet see your name come up in the paper, you know your privacy has been violated. 

 

The second point is that this moped had the right of way on the thru street (Maple), yet was broadsided by a car which either failed to see him or failed to yield to him after misjudging the situation.  Last year, an Oxychem employee on a moped was riding on South Washington in Ludington, when a car pulled out directly in front of him on First Street, causing injuries to the moped driver.  Those who keep track of local motorcycle accidents will also note a few similar incidents (perhaps even over the weekend in front of Big Boy) where motorists fail to yield to their more vulnerable road-users, causing grievous results.  Yet, the end results always seem to be the same-- the motorist does not get hurt either in the accident or through the law system.

 

I would say there has been around 100 times in my bicycling career when I have been pedalling away on a thru street, when some motorist pops across a STOP or YIELD sign and steals my right of way, and if I didn't slow down, turn away, or stop a collision would have resulted.  It's a fact of life when you're riding a bike of any type-- the motorists either don't see you, don't realize you're going fairly fast, or just don't believe they should give you the right of way even when you have it.  The sad reality is when you ride a bike of any type, you need to be prepared to stop at any intersection, and be aware of what that motorist is going to do.