A Case of Accident Inversion

[XLFD]

Instead of being recognized as vulnerable users of the road and being protected from negligent drivers of motor vehicles, bicyclists, motorcyclists, and pedestrians (BMPs) through meaningful laws meaningfully applied, our police and the media seem always willing to invert the narrative and treat the drivers who cause these needless 'accidents' as victims, and the dead BMPs using a roadway as the criminals.  

A case in point arises from the Indiana state line in far western Michigan where a young woman motorcyclist driving her bike lawfully down a highway was killed by some creep who couldn't take the time to make sure the road was clear of traffic.

The Harbor Country News reports:  

The Berrien County Sheriff's Office reported a fatal car-motorcycle accident at the intersection of Red Arrow Highway and Community Hall Road in New Buffalo Township took place on the Fourth of July.

According to a Sheriff's Office press release, first responders were sent to the accident site at approximately 6:45 p.m. Saturday, July 4.

"Upon arrival, Sheriff’s Deputies found a female unresponsive lying on the road. Two passer-by doctors were already administering CPR. The operator of the motorcycle (identified as 23-year-old Stacy Johnson of Illinois) was taken to Franciscan Hospital in Michigan City where she was pronounced deceased by ER Doctors."

Police reported that investigators determined a southbound car driven by Joyce Collins of Three Oaks was slowing down to pull into Timothy’s Restaurant to pick up and take food away pulling into the “pick-up” area.

"As Collins was making a left turn into the parking lot she pulled directly into the path of a northbound motorcycle driven by Stacy Johnson … the only occupant of the motorcycle."
Police reported that Johnson was not wearing a helmet and the driver of the car did not suffer any injuries.  [END]

This same narrative was put out in multiple media outlets by dint of this being a press release by the sheriff supplying some details to the media after completing an on-site investigation.  By this stage of the investigation, where the only unknown would be whether alcohol or drugs were factors, the sheriff has made known in their release that:

1) The motorcyclist was driving north lawfully  

2) The driver, ignoring the motorcyclist, unlawfully turned into her path

3) That act proximately caused Stacy Johnson's death

The motorist should have already been arrested for felonious reckless driving or at least the crime of causing death by a moving violation.  The elements of those crimes are there.  Instead what do the police and media give us-- an inversion to protect the guilty and damn the innocent:

1)  Original reports which named the victim, but not the 69 y.o driver who hit her

  a)  In many trials the victim remains anonymous, the accused is named

2)  That Stacy was not wearing a motorcycle helmet (none are required by law)

  b) Why don't they tell us if the driver, Joyce, was wearing a helmet or not?

3)  That there wasn't an explicit moving violation noted of Joyce's leading to the death.

  c) The reader infers that turning into the path of a motorcyclist is not against the law

4)  That Joyce's failures in her driving privileges that led to a young woman's death will not be prosecuted, unless she turns out to be DWI.  

  d) The reader infers that they will be protected if they are careless and kill a biker

It's a total failure, like always, to give BMPs adequate protection on the roadways when drivers make mistakes that kill.  Be THAT person who takes the time to look carefully and avoid turning into the path of motorcyclists.  

[Epictetus]

You hit the nail on the head with emphasis X: these are not accidents as the auto industry would have us believe. Similar situation when the idea of "Jaywalking" was introduced in this country around the turn of the 20th Century. We must actually acknowledge all users of the roadway in order to keep everyone safe.

[XLFD]

Thank you for supporting the cause, Epictetus.  

The police seem to handle motorcycle accidents a lot like they used to handle rapes, but instead of "You were wearing that outfit, you were asking for it.", it's now "You were riding that bike in traffic, you were asking for it."

I believe the addition of more women to the police force greatly improved their responses to rapes, I also believe that the addition of more motorcycle-mounted police would give police a greater insight into these types of accidents, including those with regular bicycles.  If you remember back in the late 1970's there was a TV show named CHiPs featuring two motorcycle cops in California.  I can't remember Ponch or Jon ever giving somebody who killed a fellow biker through their driving negligence a pass.  

[XLFD]

Two bikers dead in Newaygo County due to somebody not making sure the lane was clear when passing another vehicle on a two-lane stretch of road.  The motorist in this case still had an operating vehicle and drove off.  These drivers are the types of people who deserve the maximum penalty the law can dish out.  When these jackasses finally get caught, they should have to take a comprehensive drug and alcohol test, and if they fail they should be presumed to have been DWI when they hit their victim(s).  Why stop and render aid if your DWI offense will be much more severe than a possible hit and run charge later on?

Sober up, turn yourself in while claiming you weren't aware of the crash until you saw it on the news, and likely get away with a slap on the murderer's wrist.  Just watch, if and when this motorist is caught they will charge him with leaving the scene of an accident and not tack on two charges of reckless driving causing death.