The Right to the Road

[XLFD]

At the end of this Fourth of July, a time where we celebrate our freedoms and our rights, it is always a good exercise to see how our country is maintaining its freedom and its rights.  With respect to those rights associated with the first ten amendments to the Constitution, our country's people and governments have been whittling away at them pretty successfully.  But perhaps one of those fundamental right not specifically addressed in the Bill of Rights, thereby falling under the Tenth Amendment, is the right for us as American to be able to travel safely along the highways and byways of this land. 

 

Laws should thus be passed in order to respect the right of those who travel responsibly, and enforce a duty on those that violate other's rights to use the road in accordance to established rules of travel.  The right-of-way is the simplest of these rules in concept.  Bicyclist, Motorcyclists, Pedestrians, Motorists, and all other vehicles not expressly prohibited can use all roads to get from one place to another.  A 'traveller', irregardless of conveyance, has the right to use the road and a defined right-of-way of doing so. 

 

So when a person travels down the road as he should, like on a motorcycle, and then someone pulls in front of them, or stops in front of them in a way that the motorcyclist cannot safely prevent a crash from happening, there should be penalties, particularly when it leads to critical harm or even death to another individual.  But this rarely happens, and when it does, there is an awful lot of sympathy for the person who caused an accident with an unwise action, leading usually to soft penalties.  After all, prosecutors and judges are people too, who occasionally are distracted while driving, and can commiserate with the plaintiff somewhat.

 

An accident near the corner of the PM Highway and Kistler Road was recently reviewed He slid/she slid.  Though the details haven't been finalized, I am betting that the driver's action led to the accident taking place there.  Since the rider, passenger and driver have all survived, there is a good chance the truth of what happened may come out, and maybe the authorities will act. 

 

But recently, there have been other motorcycle accidents in our area, where the fault is hard to dispute:  motorcyclists have had their right-of-way taken away from them with fatal or critical consequences-- and the justice system says "Oh well, it happens.  The poor driver will have to live with that mistake."  But rarely is there compassion for the motorcyclist.  Three examples of recent crasshes in the west Michigan area, the most recent crashes available with a search, turn up the same motif.

 

1) East Jordan man involved in fatal truck-motorcycle accident  June 20, 2013

MANCELONA -- A Traverse City man died in a pickup truck and motorcycle collision late Wednesday in Mancelona, according to the Antrim County Sheriff's Department.

The accident occurred at the intersection of US-131 and Hinman Street in the village of Mancelona.

A pickup truck, driven by Justin Ray Dodge, 22, of East Jordan, was traveling east on Hinman Street at the intersection of US-131. As Dodge entered the intersection, a Harley Davidson motorcycle traveling south bound on US-131 was struck. The motorcycle was driven by Gene Allen Town, 72, of Traverse City. Town was pronounced deceased at the scene by the Antrim County medical examiner. Town was wearing a helmet, according to Antrim County Sheriff Daniel Bean.

Dodge stated that after he stopped at the stop sign, he pulled out and did not see the motorcycle.

Assisting the sheriff's department at the scene of the accident was the Mancelona Fire Department, Allied Ambulance and the Michigan State Police.

Alcohol does not appear to be a factor and the accident remains under investigation.

http://articles.petoskeynews.com/2013-06-20/east-jordan-man_40103307

 

2) MONTAGUE TOWNSHIP, MI -- 6-20-2013   A Berrien Springs woman has been identified as the victim in a Thursday afternoon motorcycle collision that occurred in Muskegon County's Montague Township.

Cathy Ann Duryee, 58, was a rear-seat passenger on a motorcycle driven by her husband, James Duryee, 58, when a silver Jeep station wagon “failed to yield” for the motorcycle, according to a Michigan State Police press release.

The fatal crash occurred around 4:40 p.m. on Thursday, June 20. Cathy Duryee died from injuries at the scene, police said. Her husband was treated and released for injuries at a local hospital, according to the press release.

Both were wearing helmets at the time of the crash, police said.

According to State Police, a silver Jeep station wagon was turning from Fruitvale Road southbound onto Lamos Road. The driver of that vehicle failed to yield to Duryee who was heading eastbound on the motorcycle on Fruitvale Road, the press release said.

“The motorcyclist attempted to avoid the Jeep and lost control,” State Police said in the statement.

The intersection is a two-way stop with traffic traveling north and south on Lamos Road required to stop.

Alcohol isn’t believed to be a factor in the crash, according to the preliminary investigation, police said.

White Lake Ambulance, Montague Area Fire Department and Montague Police Department officials assisted at the scene

http://www.mlive.com/news/muskegon/index.ssf/2013/06/berrien_spring...

 

3) Motorcyclist Hospitalized After Morning Collision
 
LANSING, Mich. (WLNS)- 6-27-2013 An accident involving a motorcycle and a car Thursday morning puts one in the hospital.

It happened shortly before 9 A.M. on west Saginaw Highway near Dryer Farm Road.

Officials tell us that a 22-year-old Holt man was transported to Sparrow hospital after he was riding his motorcycle heading west bound on west Saginaw. A 42-year-old Lansing woman was pulling out of a private drive when the two collided.

Excessive speed or alcohol, officials say were not factors. The 22-year-old is expected to recover.

http://www.wlns.com/story/22704215/motorcylcist-hospitalized-after-...

 

In each of these stories, and some have been updated since, they never mention even a civil infraction ticket given to the motorist who in all three cases violated the motorcyclist's right to use the road safely by respecting the biker's right-of-way.  Two bikers are dead and two have been injured needlessly, because these drivers did not see to it that they allowed their fellow travelers the right to travel safely. 

 

I usually advocate for less laws, but in this case, we need more laws to see to it that people do not die just because there is no penalty for killing people that use a certain form of legal transportation.  This, of course, should go for all other travelers as well.  Note, all of the motorcyclists in these accidents were wearing helmets (or undetermined). 

[XLFD]

Another case where a driver turns left, right into the motorcyclist's lane, because the driver just couldn't be bothered to make sure the lane was clear of all traffic.  No mention of even a civil infraction for nearly killing this guy, just the typical investigation.  From the sounds of it, this should be looked into as a misdemeanor (moving violation causing serious injury of others):  http://fox17online.com/2013/07/09/motorcycle-rider-hit-by-vehicle-t...  

"GAINES TOWNSHIP,Mich. — A Motorcycle rider was taken to the hospital after a crash on Division and 76 street. The crash happened at 887 South Division in front of the Brewer Park Place Condominiums.  A motorcycle driven by a male was headed northbound on Division, when an older man in a Dodge Intrepid  traveling southbound attempted to turn left into the condos. The driver of the intrepid struck the motorcyclist who was taken to Spectrum Butterworth with serious injuries. The driver of the car had no injuries."