Demand Justice for Russian Woman Struck Down, Ignored by Mason County Officials

[XLFD]

Just after midnight on July 8, 2012, Alisa Aleksandrovana Sidorenko, 21, of Yekaterinberg, Russia was riding westbound on the side of US 10, when she got struck from behind by a tow truck.  The story was put in the City of Ludington Dalily News (COLDNews) the next day, and the next day the Ludington Torch placed a story in the BUMPS group analyzing the whole situation and gave the COLDNews report:    russian-woman-denied-the-right-to-the-road-in-mason-county

 

In the COLDNews article it says:

" (she) was riding westbound on US 10 in the roadway near a line of fog"

"According to the report, the shoulder is paved in that area but Sidorenko was riding on the roadway."

 

The 'line of fog' referred to is what's commonly called a 'fog line', the white line at the side of the road, just in case you didn't follow the crack (smoking) COLDNews writer.  But they also say the Russian cyclist was 'in the roadway' and the report said she was 'on the roadway'.  I will not quibble prepositions, but I will quibble what is 'the roadway'.  The place to find the definition of roadway is the Michigan Motor Vehicle Code.

MCL 257.55: “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel.

Let's take a look at the police report on this accident  Bicycle-Tow Truck Accident

The outside of a 'fog line' is not ordinarily used for vehicle travel, and hence is not the "roadway".  The police report says:  "In my opinion, the bicyclist was riding between the fog line and the rounded curb.  I based this on the bicycle skid mark that was made after impact.  The red paint transfer on the left handgrip leads me to believe that the tow truck sideswiped the bicycle causing her to fall."  The skid mark and paint transfer are discussed in the report, and the rounded curb, if you have not known or  guessed, was outside the fog line.

Furthermore, the tow truck driver stopped and dialed 911 and reported the incident, to his credit.  "He advises that he never saw the bicycle until his truck sideswiped her".  He was "visibly upset and repeated that he never saw her."

That defense may have played out effectively if she was bicycling in the roadway without proper equipment for that time of night, as she would have been traveling unlawfully on the roadway; but since she wasn't in the roadway she didn't need lights or reflectors on her bicycle  MCL 257.662(1).  That section says:  (A bicycle) being operated on a roadway between 1/2 hour after sunset and 1/2 hour before sunrise shall be equipped with a lamp on the front..."

 

This seemingly minor detail makes this collision the fault of the tow truck driver who struck a bicyclist traveling legally off the side of the roadway.  He saw nothing, even though the illumination there is sufficient to see pedestrians and bicyclists, even at 12:15 AM.  Was his cell phone and other devices checked?  No.  Was he tested for sobriety?  No.  Was he given any citations?  Nope.

There is some other blame to go around.  Alisa could have had her bicycle more well equipped for night riding, could have wore reflective material herself, could have rode further away from the road because of that.  The road engineers of the area have made it impossible to travel by bicycle on the elevated areas to the side of the road, because almost each driveway/private road you pass (and there are many) have full blown curbs on both sides.  But these are could haves, and this does not absolve the tow truck driver from hitting someone off the road because he didn't see them. 

 

So why didn't the tow truck driver get the full treatment from Officer Jeremy King?  Was it because the Sheriff's Office uses Quinn's Towing often and did not want to offend them by checking to see why the driver did not see the Russian cyclist traveling off the roadway?  One has to wonder, since protocol seemed to have been thrown out with the bathwater in this incident.  No accident reconstruction, no empathy for the serious injuries that made the woman have to be airlifted out and have serious hip surgery, misinformation given to the COLDNews about her being in the roadway when she was hit, closing the incident so quickly, no road tests, no repercussions for the driver at fault.

Could these revelations trigger an international incident between the USA and Russia?  Probably not, but we here in Mason County should have our officials treat our international guests better than we have with Lingyan Zou and Alisa Sidorenko this year.

[XLFD]

Ronald, thanks for your thought-out post.  I will address your points.

1)  The woman was not breaking the law when she was struck off the road, Dep. King maintains in his analysis  she was on the other side of the fog line.  Likewise, if she remained off the side of the road, and crossed intersecting roads at crosswalks, she would have always been within the law.

2)  Dep. King, knowing that the woman was hit while she was off the road, with a driver saying he didn't see her repeatedly, never took a field sobriety test or checked to see whether he was on his cell phone.  His poor driving caused an accident that almost killed a woman, that is probable cause for DWI or distracted driving.   This was a weekend night, a tow truck gets plenty of calls, and it is not beyond the realm that he had not been sober, as the law defines it.  King did not following the procedures most reasonable people would want followed in his investigation.

3)  I hold neither Cole or Fiers to blame for the accident, and only state that Cole would have the first look at the accident report, and be more likely to suggest any problems with it.  I will maintain to my final days, however, that Deputy King mishandled the accident investigation, which reflects badly on both Cole, Fiers, and the MCSO until it's acknowledged and corrected.

[XLFD]

If the tires were on the fog line or to the right of it, she was not riding on the road.  If you have ever had the misfortune of riding a bike on that area Ronald, even a mountain bike, you would be surprised at the amount of curbs on the sides of the driveways and private roads adjoining the highway.  You either have to ruin your wheels, risk toppling over,  popping over each and every one, or temporarily pop out to that area between the fog line and the curb.  Being that it was late, I wouldn't be surprised that she kept in that section, which is still off the road.

I believe she was wearing a work shirt that was tan, not dark clothing; it was covered up by her backpack.  In the same situation, I wouldn't be riding my bicycle just off the road with traffic coming up behind me when its dark.  But the light where it happened should have been enough for this tow truck driver to see her and to give her some room.  I have no sympathy for a driver who says they never saw someone, when I am sure I would have saw that person. 

In this case, we can only speculate why he claims he never saw her, and we, of course will never find out since Deputy King decided the tow truck driver was beyond fault, even when evidence seemed to point elsewhere.   

[XLFD]

I've done enough night-riding myself to realize you can't generally follow the same rules when riding at night; even if you are lit up like a christmas tree on a bicycle, you can't depend on those vehicles coming from behind to see you.  And looking into car headlights on a bike at night is enough to blind you.  If you're up in a tow truck, I don't think the oncoming headlights will bother you too much, but you may also miss details closer to the road. 

 

 

[XLFD]

It would look immodest if I used my own monicker instead of "Phil Masse"; as it was used,it was done with levity in mind, and you were the nearest with a mug shot as your avatar.  If you take offense, I will change it to Aquaman if you'd rather.  He'd like a lot of police ladies making a big ado about him. 

[Willy]

This entire incident centers around one persons decision to risk their own safety. What foolish person would be riding a bike on a street at night where vehicles are moving at a high rate of speed? Look at all the commotion she has caused, aside from her own injuries, which could have been avoided if she had used some common sense. To me it's similar to someone swimming in heavy waves. They have a right to be there but they put themselves in peril when they do so and put others in harms way who must provide a means to rescue them. All of the officers and tow truck along the road created a hazard in itself. I go with the tow truck and officers over the mindless actions of a bike rider who in my opinion acted in a reckless manner. She's lucky she wasn't killed or that the tow truck didn't swerve and hit another vehicle causing a chain reaction accident.

[XLFD]

Let us not forget, this lady was a visitor to our country who had to deal with the poor engineering decisions that made this incident happen by our State and County.  I am sure they aren't such idiots over in Russia who would put such a useless structure along the roadside as that 'sidewalk' that is unsafe to walk or ride on, due to the nearness of traffic and the constant curbs at almost every highway entrance.  There is no excuse why there isn't a safe way for pedestrians or bicyclists to get from Jebavy Road  to Meyers Road, travelling near US 10. 

The City of Ludington and County have had this in committees for years, a trail/passage to and from the east of the City, and nothing happens; primarily because the County Airport and Fairgrounds will not bend on giving any easements, and secondarily, because they don't find it that important.  How many pedestrian and bicyclist accidents and fatalities do we need to happen in that area?

[Willy]

I completely agree with you that there should be some sort of Pedestrian/bike path on US10. The fact that it is such a dangerous place to walk and ride should make people stop and consider not using that stretch of road for walking or bike riding especially at night. No matter how you slice it she is the one who used poor judgement and put herself in harms way. By the way isn't that area Pere Marquette township?

[XLFD]

I believe it is PM Township, but the airport and fairgrounds need County approval for such work.  Unfortunately, many people who work out on the 'strip' need to walk or bike out that way.  Lot of kids and poor folks who work at the restaurants and shops that can't afford to have cars.   Lot of tourists who don't know better about alternate routes to get out there, like this one.

With a nice alternate route for non-motorized traffic, we would likely have people using it and alleviate alot of the traffic congestion in summer along that stretch of highway.