A senseless tragedy awaits resolution
Most of us do it without a thought — grab our keys, strap on our seatbelts, shift into drive, go from home to work, home to school, home to the grocery so many times that we don't remember the particulars. We don't remember closing the garage door behind us, stopping at the stop sign down the block, or putting the parking brake on. We didn't see the pedestrian waiting for us to yield at the crosswalk, the cyclist we cut off while making a right turn, or the motorist we pulled out in front of. What is the price of this mental absenteeism? What do we risk by allowing ourselves to ease into autopilot when we get behind the wheel?
"NO JUSTIFIABLE EXCUSE"
On Monday, March 7th at 4:30 p.m., Champaign residents Cindy and David Combs were struck by a motor vehicle, leaving Cindy dead and David critically injured. This tragedy has left many in Champaign County grieving for the lively, sunny couple who were victims of what appears to be a wholly avoidable crash.
The couple was riding their tandem bicycle south on County Road 500E, just north of 1800 E, when they were struck from behind by a Honda Accord driven by Errol T. Maul. Maul struck the couple with the passenger side of his car with a force great enough to mangle their tandem bicycle and throw Cindy onto the hood of the car, cracking the windshield. There were no skid marks on the road to indicate the driver braked, and debris (shards of reflector and fender, chunks of helmet foam) was strewn along the side of the road for 75-100 yards. Cindy was pronounced dead at the scene due to multiple injuries resulting from the crash, and David was taken to Carle Hospital, where he remains in critical but stable condition.
While the Champaign County Sheriff's Department has not yet released either the accident reconstruction or the accident report (and won't until the decision is made on whether criminal charges will be filed), a short drive down this stretch of country road offers a glimpse of how avoidable this crash must have been.
500E, like most out-of-town roads, is straight, flat, with few visual obstacles. It is 22 feet wide, providing ample room for a car and bicycle to pass side-by-side. It was well before sundown, and the Combs rode a tandem bicycle with a trailer attached and a tall flag mounted to the frame for increased visibility. It is hard to imagine a scenario where a motorist could miss such a distinct sight.
Lt. Allen Jones of the Champaign County Sheriff's Department reported that Maul, an employee of Farm Credit Services of Illinois, admitted that he was reading a plat book, a book of land maps, when he struck the Combs. While the Sheriff's Department is still investigating other possible factors, such as cell phone usage and drug or alcohol impairment, Lt. Jones believes there is "no justifiable excuse" for Maul crashing into the Combs. "Clearly, he's at fault."
"A SYNERGISTIC RELATIONSHIP"
Cindy and David Combs were not your average cyclists, nor your average Champaign citizens. In 1983 they met at the Developmental Services Center (DSC), a non-profit organization that provides services and support to children and adults with developmental disabilities. Chief Executive Officer Dale Morrissey explains that the mission of DSC is "to help people with disabilities live as independent lives as they possibly can — where they live, where they work, where they recreate — anything in their lives to make them become more independent individuals who live fulfilling lives."
After three years of working together at the DSC, David and Cindy announced to their friends and families that they were getting married, and with the support of the DSC staff they moved into an apartment together. Although both David and Cindy had developmental disabilities and Cindy was blind, Morrissey describes how in their 25 years together they relied on each other's strengths to become stronger and more able than they were alone. "Because the two of them had various abilities — Cindy could do certain things that helped David very much, and David could do certain things, like riding the bicycle, that helped Cindy — together they became much more independent than they could have as individuals."
The Combs used their tandem to get to both of their jobs, as well as their numerous community activities. They were actively involved in their church, and Cindy sang for both the Parkland Pops and the Parkland Chorus, where David was heavily involved as head usher. They both were adamant supporters of the mission of the DSC, attending rallies to push for funding of the organization. As well, Cindy had become a vocal advocate in the community, and was involved in the "Spread the Word to End the Word" campaign, a nationwide effort to stop use of the "r-word".
But the bicycle was not just a means of transportation for the Combs, it was also one of their greatest sources of enjoyment. Champaign Cycle owner Peter Davis knew David and Cindy as regular customers of his shop, where David would come by nearly once a week to maintain their multiple bikes, as well as socialize with the shop staff and customers. "It was a great point of pride with David as to how many miles he had on his bike at any point," Davis says. "He was in the week before they were hit, and he had 14,050 miles on [the tandem]."
The Combs were regular riders on the Prairie Cycle Club Tuesday night ride departing from Champaign Cycle, and they were a buoyant addition to the energy of the weekly ride. Davis recalls that "people knew them everywhere they would go, because they were both very outgoing, friendly people, and they would engage people." Morrissey agrees, remembering Cindy as "a very, very upbeat person...she was not shy to tell people how much she cared for them, and lived life in a very positive light that we could all learn from."
"This is truly a tragedy," Davis says, "and a big part of the tragedy is that Cindy and David were truly a couple. They were a unit. They had a synergistic relationship, and the whole was much greater than the sum of the parts. The two of them together managed their lives very well, and my fear for David now is that he has lost that other half of him that made his life work very nicely. While we can all be touched by someone who loses a spouse, regardless of the cause, in this instance it's more than the norm, because they were so linked in their abilities to make their independent life work."
NEGLIGENT OR RECKLESS? MISDEMEANOR OR FELONY?
So what are the appropriate legal consequences for Maul, the motorist who struck the Combs? That decision will be made by States' Attorney Julia Rietz, who faced a similar decision in 2006 when University of Illinois Engineering graduate Matt Wilhelm was struck and killed by a motorist downloading ring tones on her cell phone. Wilhelm was cycling on High Cross Road (IL Route 130) when Jennifer Stark drove her car off the road, rear-ending Wilhelm with the front driver's side of her vehicle.
Because Illinois has no negligent homicide law, the only felony Stark could be charged with was reckless homicide, a charge that requires proof of "willful or wanton" behavior. No legal precedent for convicting distracted drivers of negligent homicide existed, and Rietz felt Stark would have been acquitted of the more severe charge in court. Instead, Rietz charged Stark with improper lane usage, a misdemeanor resulting in a $1,000 fine, six months of probation, and traffic school.
Afterwards, Rietz advocated for enactment of a negligent homicide law, which would have allowed harsher penalties for distracted motorists who kill other users of the road. The bill was not supported by other Illinois counties' attorneys or the state legislature, however, and the attempt was, for the time, abandoned.
The legal options since Wilhelm's death, however, have changed. Last summer, the Illinois state legislature passed a law that opens up new possibilities for prosecuting motorists who drive too close to vulnerable users of the road, such as cyclists and pedestrians. The new anti-harassment law states that "a person driving a motor vehicle shall not, in a reckless manner, drive the motor vehicle unnecessarily close to, toward, or near a bicyclist, pedestrian, or a person riding a horse or driving an animal drawn vehicle". Anyone found in violation of this statute is guilty of a class 3 felony if that violation results in "great bodily harm or permanent disability or disfigurement to another", and can be sentenced to up to five years in a state penitentiary and up to $25,000 in fines.
It remains to be seen whether the new law will cover motorists who cause death or serious injury due to distracted driving. The law requires that the motorist behave in a "reckless" manner, a clause that requires willful or wanton disregard. Interpretation of the anti-harassment law requires a close look at Illinois case history, and in particular, at the definition of "recklessness".
According to the 1973 case People v. Mitchell (293 N.E.2d 683), recklessness requires "conscious disregard of a substantial and unjustifiable risk that circumstances exist or that a result will follow". In other words, "recklessness requires gross deviation from the standard of care which a reasonable man would exercise in the situation." Informal communications with Mrs. Rietz suggest she is concerned that a legal precedent still does not exist to convict distracted drivers of a crime of this magnitude. Numerous attempts to reach Mrs. Rietz for comment were unsuccessful. (UPDATE 2 p.m., 3/23/11: Rietz responded by email with some additional information. Please see her comments two paragraphs down.)
This past summer, however, a Lake County, Ill., motorcyclist found herself the victim of a distracted driver. Motorist Lora Hunt struck and killed Anita Zaffke while approaching a yellow light, and admitted to painting her nails in the vehicle before she struck Zaffke. Hunt was convicted of reckless homicide and was sentenced to 18 months of limited imprisonment, allowing her to work and receive counseling during the day, but requiring her to be imprisoned at night. Reckless homicide requires the same proof of willful or wanton behavior as is required in the anti-harassment law.
Ian S. Kasper, a Waukegan, Ill., attorney specializing in criminal and traffic law, believes the Lake County case demonstrates a legal precedent for prosecuting distracted drivers. Kasper asserts that "there is no downside for [Rietz] to charge the driver with both reckless homicide and the [anti-harassment law] violation," meaning Maul would be charged with both reckless homicide and improper passing of a cyclist. "The grand jury would almost certainly indict whatever is asked of them, and the trial jury can choose from the simple reckless homicide charge and the improper passing charges during their deliberation."
UPDATE 2 p.m., 3/23/11: Rietz responds, "With regard to Mr. Kasper's comments, I would note that in Champaign County we do not use the grand jury in the manner he suggests. In fact, we do not regularly use a grand jury, although by statute we could call for a special grand jury if needed. When we make a charging decision, the final responsibility for that decision lies with the State's Attorney's Office, and ultimately with me as the elected State's Attorney. I do not pass off the responsibility for analyzing the evidence and the law onto the grand jury; I think that is an abdication of my ethical obligation to do justice for all involved. And as I said previously, until we receive the final report in this case, I can't speculate as to what decision we might make with regards to this matter."
Kasper also points out that "the State can also use the improper passing charge to bolster a traffic charge of passing too close, and educate the jury about Illinois' 3-foot passing rule," the law that requires motorists allow a minimum of three feet when passing a cyclist. Other local and nationally practicing attorneys we spoke to agreed with Kasper's opinion on the case.
Many locals agree that Maul should be charged with something more serious than a misdemeanor. It is City Transportation Planning Consultant Cynthia Hoyle's opinion that "the Vulnerable Users Bill that was passed last year by our state representatives and signed by the governor was intended to address exactly this sort of situation. It doesn't do us any good to have these laws if we do not apply them."
WHAT YOU CAN DO
The citizens affected by this tragedy hope that raising awareness about this devastating crash will encourage motorists to take an honest look at the distractions they allow while behind the wheel.
Champaign County Bikes' Chair and League of American Bicyclists' Certified Safety Instructor Gary Cziko reminds motorists that "any time you get into a car you have to realize that you're operating a deadly weapon. You can so easily seriously injure or kill somebody."
Hoyle, also a LAB Certified Safety Instructor, also cautions that "when we are driving a vehicle we are responsible for the safety of not only ourselves but other people on the road. We need to be paying attention because our negligence behind the wheel could result in a tragedy that impacts many, many lives."
Davis encourages both motorists and cyclists to learn the rules and responsibilities of the road, but cautions that "both communities have a way to go to understand how they can quite comfortably, without disruption, share the roads." While cyclists may delay or startle a motorist when not obeying traffic laws, when a motorist does so, "the risk [to the cyclist] is not upset or delay, it's bodily injury or death. Sometimes I think that motorists don't think about that-the potential gravity of the consequences of their interactions vis-à-vis cyclists."
"What's sort of frightening about this," says Cziko, "is that I think that we all as drivers have been distracted at one point or another. It's really frightening to realize that at any one of those moments, if it was more than a second or two, we could have done the same thing [as Maul]. You really just can't take that chance. We really need to learn from things like this. As tragic as it can be, you need to have the resolve that when you're driving, it's a full time job, and you need to drive safely."
David Combs remains in critical care at Carle, and has a long road ahead of him to be totally rehabilitated. The staff of the DSC has supported David and his family from the moment they heard about the crash, and their primary goal is to continue to assist David as he moves forward in his recovery. When asked what the community can do to honor Cindy's memory, DSC CEO Dale Morrissey reflects on Cindy's mission for equal treatment: "All people, regardless of their abilities and disabilities, can become much more independent and do a lot more than a lot of us think they can do. I think that she would not like people to label others by their limitations, but recognize how given the proper opportunities they can become more independent and productive."
Donations to the Developmental Services Center in Cindy's honor can be made by calling 217-356-9176.
Donations can be sent to the "David Combs Recovery Fund" at First State Bank, 101 Windsor Road, Champaign, IL 61820 (217-239-3000).
Photos of the Combses provided by: Developmental Services Center, Champaign Cycling Ventures (Sue Jones), and Jennifer Schrad.
Annie was a guest on SP Radio on March 11, where she spoke about the crash. Click here to listen.
UPDATE (11:30 a.m., 4/16/11): Errol Maul's court case has been assigned case #11TR4615, and is now searchable on the Champaign County Circuit Court Clerk's site. Maul is scheduled to appear in court on Monday, April 18, at 1:30 p.m. in Courtroom L at the Champaign County Courthouse. The docket information is as follows:
- 03-11-11 Complaint 01 Count 001 FAIL TO REDUCE SPEED; Statute 625 5/11-601(a) Class P Orig.; Agency: CHAMPAIGN COUNTY SHERIFF Ticket#: 43531; Bond Type: Case set for docket call, notice prepared and mailed.
- 04-15-11 Complaint 02 Count 002 IMPROPER PASSING/SAFE DISTANCE; Statute 625 5/11-703(d) Class P Orig. Agency: CHAMPAIGN COUNTY SHERIFF; Ticket#: 9999999; Bond Type Personal Recognizance/Individual Bond
UPDATE (12:40 p.m., 4/18/11): Maul has pled guilty in advance of his scheduled hearing to the two petty charges (failure to reduce speed and improper passing distance), which carry a fine of $1,000 each. It was also the understanding of at least one attendee at a meeting held by Rietz on Friday that Maul's license would be revoked as part of the bicyclist anti-harassment law put into effect in January 2011; we're working to verify that. The News-Gazette posted an article at noon which has more quotes from Rietz. Smile Politely will have more coverage in the coming days.
29 comments
Cynthia Hoyle
This is a very well written story. The story paints a vivid picture of this beautiful couple and the tragedy of distracted driving. Thanks for your good work!
Sue
Thank you for not letting this go unnoticed.
J Hannah
This is such a well-written story, thank you. I know this tragedy has made me much more aware of where my attention is when driving and aware of how blessed I’ve been not to have caused an accident by distracted driving in the past.
And I am grateful to hear Gary say that everyone using the road needs to understand the rules and laws better and abide by them more fully to create safe roads for us all, I agree. I know I am going to put more energy into finding and fully understanding these rules for passing bikes and pedestrians and put some real thought into them (like, what does 3 feet of passing space look like when you are inside a vehicle? I find that hard to judge from that visual perspective and am going to do some measuring to get an accurate feel for it.)
That said, please don’t use this tragedy, which was wholey the fault of the driver, as an excuse to say that dangerous behavior on the road by a cyclist is not as big a deal. “While cyclists may delay or startle a motorist when not obeying traffic laws,” This statement upset me deeply. A little over a year ago I was driving down Springfield in the campus area near Lincoln and a bike suddenly darted out from a drive way, into the road, across both lanes of traffic to cross the street. It was dusk, almost full dark, and I panicked and turned my car as far to the left as I could to avoid the bicyclist. Would I have hit them if I had not? I can’t say for sure, but by doing so to avoid severely hurting the bicycist I swerved into another lane of traffic and the car coming toward me stopped inches from my rear side door where my 3 yr old son was in his car seat. I’ll never forget that night. And this is far from the only experience of reckless driving by a cyclist I’ve watched almost cause accidents - if that car had plowed into my compact car going 30 some miles and hour directly into my son’s car seat, would that cyclist have been liable? We all, drivers of vehicles and of bicycles, need to know the laws of the road, follow them, and take seriously our responsibility to prevent harm to one another when behind the wheel. As long as the conversation sounds like finger pointing at one type of driver or the other, bicyclists or those driving motorize vehicles, I don’ think the conversation will get far. We all have responsibility for the lives of others when we chose to get on the road, I’d like to see us help one another take up that responsibility in a way that will open hearts and ears, not close them with an us versus them mentality.
Drew Hagen
Thank you for this story. Like the Combs, I spend many miles a year on the road (+150k lifetime total) and have all too many personal examples of close calls by which the grace of god go I.
The significant point I’m glad is spelled out is ANY driver could be Maul or Stark and ANY cyclist could be Wilhelm or Combs. I’m grateful for this article spelling out the details of this tragedy. A tragedy that could all too easily have been me.
Let’s make this commentary stay on the level of sympathy and understanding without base comment, too.
Regarding the quote from City Transportation Planning Consultant Cynthia Hoyle, I could not find anything passed by the ILGA that approximates what she calls the ‘Vulnerable Users Bill’. If somebody has a citation to those provisions in the ILCS, please note it in the comments, but I think that specific bill died on the vine.
The amendments to the overtaking on the right statute (625 ilcs 5/11-703) may apply to this conduct, but I think it is a far more open question than the article presents. Judges are very reticent to apply a broad reading to statutes in the criminal context. The comparison to the Zaffke case is apt, however there are significant differences, most importantly the degree of egregiousness. To my knowledge, there has been no appeal of Hunt’s sentence, and that case is no precedential value to the argument that a reckless homicide charge is proper for what we are now calling distracted driving. In IL being DUI can give rise to a reckless homicide charge, but Rietz is correct that there is no precedent for mere distraction.
Lastly, this may be a time for the typically cooler heads at smilepolitely forums to prevail and to wait on the report. Investigative journalism can be a force for good (I can’t beleive the deputy would go on record with you ... not best practices to say the least) but maintaining objectivity is even better, and until more facts come out, the legal speculation, while thoughtful, is not responsible. It is also not respectful to the victims, the accused or the community at large.
Cynthia Hoyle
This is the law that was referred to as the “vulnerable users” law included in the the sentence below:
“Last summer, the Illinois state legislature passed a law that opens up new possibilities for prosecuting motorists who drive too close to vulnerable users of the road, such as cyclists and pedestrians.”
Ah. So it was the overtaking law.
Cynthia Hoyle
It was not referred to as the overtaking law, but the vulnerable users law.
http://ilga.gov/legislation/publicacts/fulltext.asp?Name=096-1007
Thank you Annie. @Timbo: “mere distraction” in this instance has resulted in death. It is not irresponsible to have a dialogue about this case and its implications for our community. What is irresponsible is to be dismissive of anyone’s right to safety on the roadway intentionally or otherwise. On foot, on bike, on a motorcycle, or in a car—everyone needs to pay attention when they are on and along the roadway.
Steve Magas
As a lawyer who has handled hundreds of “bike” cases and fought for laws and policies promoting and favoring cycling for more than 20 years, the prosecutor’s attitude here is amazing to me.
This motorist has admitted to, in essence, putting on a blindfold and driving down the road. Calling it “distracted” driving is a misnomer. “Distraction” takes the blame off the motorist by saying SOMETHING ELSE caused his attention to wander.
This motorist wasn’t “distracted.” A monkey didn’t suddenly jump on his roof causing his attention to be diverted from the very serious business of operating a two ton piece of deadly equipment down the road. No, the motorist here deliberately chose to try to engage in a VERY dangerous behavior, operating a two ton machine blindfolded…
If this motorist HAD driven the same road wearing a blindfold would there be any doubt that serious charges would be filed? Choosing to look away from the road has exactly the same effect - the two ton vehicle will still mow down anything in its path…
Steve Magas
Bike Lawyer<span style=“white-space:pre”> </span>
Luke Taggart
Thank you Annie for this piece. I know a member of Davids family and you did a very nice job covering it. The family is very distraught over this obviously. I myself am disappointed in what seems to be a slow investigation and lack of charges against Mr. Maul. As a cyclist in this area I fear setting light punishments against individuals that kill bicyclists sets up a dangerous precedent. What will stop people from killing someone and calling it an “accident” when they know it will be a small fine and probation?
patrick
My condolences to the family and all impacted.
I wont wait on the report. This is a good article and we must address the issue now - because if it comes out that this criminal will not be charged with a class 3 felony, then it is a travesty of justice.
If the police write their report in a way that minimized culpability, they share in the crime.
Prosecutor here wants to do the right thing. Unfortunately, the legal system is so flawed that she has to couch her terms, watch her language, and caution us (paraphrasing here for effect…) common sense does not matter here and the life of a person is not truly valuable enough for me to cut through this red tape BS. I hope she does go with her gut and forces police to revisit any flawed report they submit to her. And then, she should pursue strong penalties against the driver. Do not get hung up on ‘lack of precedent’; all of the instances where a car driver has killed a cyclist and walked or received a slap on the wrist is precedent for why we MUST enforce stronger penalties against such negligent, reckless, and homicidal drivers. Further, the laws that have been enacted since these ‘less-than-helpful-precedents’ cited above are more evidence that the people of Illinois DO value people on bicycles and seek to punish drivers who harm bicyclists.
This is exactly - exactly - why we enacted the laws we have in the past few years. People and the legislature have spoken. Car drivers kill bicyclists. Doesnt matter if they are reading a road plat, coloring their nails, or even trying to run down the cyclists. If you kill a cyclist, or a pedestrian, or horseback rider, you are guilty of a heinous offense.
The article author is wrong - the law does not “open up new possibilities for prosecuting motorists who drive too close to vulnerable users of the road, such as cyclists and pedestrians”. No. The law defines the act of driving too close as a crime and requires police, prosecutors and the like to treat it as such. It was a felony when Cindy was killed. Plain and simple. Only some lawyer* would tell you different (*stupid, spineless lawyer, in my humble opinion - right? thats how OJ got off and Drew Peterson might just too).
If you are not already aware, here are some of the laws enacted in Illinois recently:
Public Act 95-0231 - vehicles must give 3 feet when passing bicyclists AND allowing bicyclists to move into the lane and away from the curb if riding adjacent to the curb is unsafe.
Public Act 096-1007 - cars cannot drive close, toward, or near cyclists pedestrians, etc.
Several other bills were passed and enacted to promote bicycling and alternative transportation, whether it is in designing and building roads, school/kids transportation, public transportation, and more. Point is, we are moving forward, and it is not in the car.
P.S. - I do advocate bicyclists riding within the law and riding safely too. Unfortunately, too few follow the law and it creates unsafe conditions for everyone. J Hannah tells a good story, and reinforces the point that we must all be more conscious of our actions and potential consequences. Thankfully, no one was hurt badly in her story. Very scary though.
Dan Metz
Having reconstructed about 1,200 road accidents and 75 or so race accidents, some of which involved bicyclists, I doubt that the “reconstruction report” will be very definitive. If there are no skid signatures on the roadway, all that remains will be rest positions and debris. Debris is a notoriously poor indicator of POI. I cycle about 3,000/year, and I plan to ride the route ridden by the victims as soon as the weather breaks.
Vishwas Vanar
I work at Carle and have seen David’s recovery. I am shocked to learn that the motorist might get away with just a misdemeanour. Being a cyclist myself, I cannot imagine how the law does not impose stricter fines/punishment for such distracted drivers.
Nancy Yeagle
Excellent article; I especially appreciate the pictures and the description of the scene of the crime, in terms of the wide flat roads out there and how easy it is to see a cyclist. I have ridden these roads many times with my family , including our two sons when they were very small, as this is a very familiar route to all distance cyclists in this community. Thus, it is critical to realize this issue is not just about Cindy and David, but all of us! We are all very vulnerable out there.
It may be helpful for Smilepolitiely to publish Julia Rietz’s email, which is: statesatty@co.champaign.il.us flat
Thanks Nancy. it may be better to contact Julia Rietz at the email she has listed on her personal website: jrietz1@gmail.com. We’ve had a very helpful dialogue via this email once we realized my phone calls were not getting through to her, which is why she hadn’t commented on this story at the time of publication. I think she checks that one more regularly than her State’s Attorney’s email address.
Ron Hoyne
This event is such a tragedy and certainly an avoidable tragedy. However, as a serious cyclist, I would like to see this tragedy result in safer cycling routes. Every driver of a vehicle has at some time or another been a distracted driver. We all remain thankful that we were not the drivers who ended someone’s life. Justice in this case will be difficult to administer.
I hope that the cycling community will take this opportunity to promote safer cyclying routes in Champaign County. Why don’t we generate a ten or fifteen mile square of roads and label them a designated bike route. We could put up signs (I am sure donations could be raised) and even entry barricades so that vehicular traffic would know they were entering a designated bike route. We could home rule some penalties similar to traffic offenses in highway construction zones. Things like no cell phone usage, large fines for hurting a cyclist, jail time, etc. We could call it the David and Cindy Memorial Bike Route. It would become a safe place to ride your cycle. In addition, the routes leading to the designated area could have appropriate signage so that vehicular traffic knew to be more aware than usual.
There are plenty of lightly used roads that could be so designated. This tragedy could then be turned into a celebration of David and Cindy’s life.
Christopher Wallace
How is his work place not criminaly responsible. Did the work place require that he examin the plots in a rapid manor? Or did they give him plenty of time to stop the car, pull out the maps, view the land scape, make notes, get back in the car drive down the road, stop the car, repeat… Forcing employs to do more with less time does cost lives. He tried to read and drive at the same time, killing one and destroying the freedoms of the other cyclist. How are this drivers freedoms and life going to be effected by our legal system? My guess is another case of BS justice and a slap on the wrist.
Cynthia Hoyle
I think a program to make county and township roads safer for all users is a great idea! However, I have to share with you what this will take in the way of a campaign.
The cycling community will need to spend a lot of time meeting and talking with the County Board members, particularly the rural commissioners. The roads outside of city or village boundaries are either county or township roads so it is a patchwork of responsibility. This would also mean talking with township boards/commissions.
I once asked the County Engineer if we could get a map of county roads that have been recently treated with a new layer of gravel over the summer so that cyclists could avoid them until the gravel has stabilized. I was told that this was too complicated a task. So, to get routes and signs along the roads will take time, patience and coordination. Many of the townships are not in favor of encouraging bicycling on their roads.
I think it is a great idea, but we need help from our friends in the villages and townships and significant input to the County Board members. It will also help if we broaden the effort to include improving safety everyone as the per capita crash and fatality rate is much higher in rural areas than urban or suburban areas.
http://www.co.champaign.il.us/COUNTYBD/cntybd.htm
Todd Gee
Murder through negligence is still murder and the driver of this vehicle should be in jail. He chose to operate his vehicle in an unsafe manner and he ended up killing someone. People who murder others while driving while intoxicated get put in jail; why not an individual who made a choice to operate his vehicle in an even more hazzardous manner?
On the one hand, Todd Gee could not be more wrong. “Murder” is a common law concept requiring malice aforethought.
But I agree with his sentiment. Our common law and statutes have always preferred people who are fuck-ups to people who have a plan. I don’t see how that makes us safer.
Theo Long
This is a terrible tragedy and I don’t think the driver, Errol, should go unpunished for his carelessness. However, I went to high school with Errol and ran into him now and again in college. I just want to state that he is a good person. Errol was always shy, polite and respectful. Most people thought he was timid and everyone knew that he would never intentionally harm someone. What happened is awful and there is no excuse for him not paying attention, but I just wanted to say my bit on behalf of Errol. He comes from a good family and he has a big heart. No matter what punishment he receives, I am certain that Errol will take full responsibility for his actions even after the terms of his punishment expire.
My thoughts go out to the Combs family. This should have never happened to such a wonderful couple.
Sebastian Huydts
Society’s response to this type of driving should be very simple. A “distracted” driver who kills or injures a person should have a life-long ban on driving/operating an automobile, in addition to several years of mandatory community service.
Kelly
I’ve thought a lot about the fact that Errol is probably a good person. A lot of people have posted good things about him. But that’s what twists my stomach about this. Unlike the Matt Wilhelm case, where I think it was pretty easy for many of us to say she the driver was immature, self-centered, and incapable of comprehending the problem with what she did, Errol seems like he does get it. He should have known better. He should have known there could be people on the road. He should have been able to seem them early enough to at least try to avoid them. The facr that he didn’t is incomprehensible. The only answer I can find it my head for why a ‘good guy’ could do something so terribly wrong is just not thinking it could happen to him. There are thousands more on the road like him, and that scares the crap out of me. Then there are some of the posters I saw on the NG website, who think all of us on bikes have it coming because they have a right to be distracted on the road. Those people scare me more. At some point our prosecutors have to start protecting us, and laws have to be stricter. I no longer feel that “it won’t happen again.” It seems like only a matter of time.
Scott Carney
This is not just a cycling issue. This level of negligence could just have easily led to a head-on collision with another vehicle. As could have the Matt Wilhelm murder. The consequences need to be sever for the driver. It does not really matter that he might be a nice thoughtful guy.
Our roads are not simply unsafe for cycling, they are unsafe. Julia Rietz needs to start treating crimes committed with a car as crimes.
More importantly, the licensing standards in this country need to be much more stringent. American drivers simply fail to take driving as a deadly serious activity despite the fact that more than 30,000 of their fellow citizens die by car every year (for comparison, gun deaths number a third of this, the vast majority suicides, yet we seem to take gun ownership fairly seriously).
UPDATE (11:30 a.m., 4/16/11): Errol Maul’s court case has been assigned case #11TR4615, and is now searchable on the Champaign County Circuit Court Clerk’s site (https://secure.jtsmith.com/clerk/yytt331s.asp). Maul is scheduled to appear in court on Monday, April 18, at 1:30 p.m. in Courtroom L at the Champaign County Courthouse. The docket information is as follows:
* 03-11-11 Complaint 01 Count 001 FAIL TO REDUCE SPEED; Statute 625 5/11-601(a) Class P Orig.; Agency: CHAMPAIGN COUNTY SHERIFF Ticket#: 43531; Bond Type: Case set for docket call, notice prepared and mailed.
* 04-15-11 Complaint 02 Count 002 IMPROPER PASSING/SAFE DISTANCE; Statute 625 5/11-703(d) Class P Orig. Agency: CHAMPAIGN COUNTY SHERIFF; Ticket#: 9999999; Bond Type Personal Recognizance/Individual Bond
Kelly
“There is no bike lane or shoulder. They were about three feet into the roadway,” Rietz said. “Maul reported that he looked over at paperwork on his passenger seat, looked up and saw the bicycle and tried to stop but was unable to in time to avoid hitting them.”
I’m feeling less charitable about the Errol than I was when I posted earlier. He was driving along, paying attention except for looking over at his paperwork, the bike appeared out of nowhere, and he could not avoid hitting it (didn’t someone say there was no evidence of him trying to stop?).
I’m really, honestly, sick to my stomach today. I love thinking that he’ll be out there driving again once he pays his piddly $2,000 fees.
Kelly,
We couldn’t find skid marks, which would be evidence of braking. We have been told we can now re-file to get access to the police report, so we’ll update the article as soon as they give that to us with information on what the police said.
Ed DeWan
I come late to this discussion, and have one extended comment on the article. It opens with the paragraph, “Most of us do it without a thought — grab our keys, strap on our seatbelts, ... so many times that we don’t remember the particulars. We don’t remember ... What is the price of this mental absenteeism?” What I call it is just plain incompetence. I do not drive in this fashion, and neither should anybody else. When you get behind the wheel of a motor vehicle, you should be alert enough to know who you are, where you are going, how you are getting there, the rules of the road as promulgated by the state of Illinois (or any other state you drive in), and all of the particulars of sharing a roadway with any number of others doing the same. If you can’t meet these essential requirements, you should not be allowed behind the wheel. Of course, it’s not true that “most of us” drive in this fashion. It’s a relatively small but dangerous minority that go around running stop signs and red lights, downloading ring tones, reading maps, putting on sun block, and countless other witless behaviors that endanger themselves as well as others.
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The Alan Partridge lookalike on the right in the first small photo has nothing to condescend to anyone about. AH HA!
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represent, Matt.
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funny, as your summer begins, another Summer ends.
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What a great job by all the volunteers! This event was really put together fast, and well. What I noticed about the crowd was how many old faces I saw despite occurring on a college campus. I talked to quite a few, including students, who assured me…