Bicycle Austin forum

Trushine2012

Member

Registered: 2016-03-24

Posts: 2

Ford Pickup Truck vs Bicycle No Justice in Utah

On 5 April 2015 I was hit by a Ford Ranger pickup truck in Draper City UT.  The driver was driving w/o insurance and on revoked registration.  The accident left me with an open fracture to my left arm, 8 compression fractures in my back, 6 fractures in my pelvis and 3 broken ribs.  The driver was never tested for illegal substances (DUI) and according to the police department it is because "there was no intent".  Even though the driver made the statement to the officer on scene that he tried to beat me around the corner.  His written statement says that he did not see me.  The passenger documented he saw me and alerted the driver.  My injuries were life threatening as I had multiple internal injuries.  2 weeks after the accident a statement was faxed to the prosecuting attorney's office with no reply.  In June of last year he was convicted of two B misdemeanors and the two driving infractions (class C misdemeanors) were dismissed.  In October of last year the driver tried to get the class B misdemeanors dismissed from his record, however he no-showed.  All of this was done without notifying me or my wife. 

In November 2015 we moved from Utah to Washington state.  In December of 2015 my wife contacted the Draper City prosecuting attorney to find out what was going on with the case.  A clerk told us the outcome of the dismissal(s) and that the prosecuting attorney knew nothing about me.  When we called her office she denied that she ever received the fax, however we have the confirmation sheet indicating the fax went through.  The city attorney was disrespectful of me, minimized me several times, and it was not until I had to shove my injuries in her face she finally stopped yelling at us.  Over the next few weeks we found out how dishonest people in Utah are and how dishonest attorneys are in Utah.  The prosecuting attorney's behavior was so offensive I filed a complaint against her and she was recused.  We are still waiting to find out what is going to happen one year later and by the looks of it we are going to get no justice and he will probably walk. 

The driver was Mormon, his mom is Mormon and several of the people involved are Mormon.  Just another reason to believe that Mormonism is a cult.

MichaelBluejay

Webmaster

From: Austin, TX

Registered: 2008-05-26

Posts: 1,466

Website

Re: Ford Pickup Truck vs Bicycle No Justice in Utah

I'm very sorry to hear about your injuries, the mere slap on the wrist that the driver got, and the way the criminal justice system blew you off.  But I don't know why you think that those experiences would be limited only to Utah or perpetrated only by Mormons.  I've seen plenty of cases here where at-fault drivers don't get *even* a slap on the wrist.  Just today, in this supposedly "bike friendly" city, I saw a motorist illegally and dangerously barreling through the bike lane because he didn't want to wait in traffic.  Read through the cases listed on this site, they're a dime a dozen.  It's the American car culture, not the Utah one.

Trushine2012

Member

Registered: 2016-03-24

Posts: 2

Re: Ford Pickup Truck vs Bicycle No Justice in Utah

Just as your website promotes, this is a forum to address those incidents of where motorists can be disrespectful to cyclists.  I am sure that there are more stories out there that come from ALL of the United States.  My accident left me with lifetime injuries.  I am still alive.  Some of the accidents listed have people that have died.  I mourn for them and am grateful to be alive.  Now it is time to ask what is being done about the legal system to correct these injustices that have been going on for many years?  I am not familiar with other states than WA and UT.  WA has aggressive bike laws and law enforcement agencies that go after people that harass or hit cyclists.  Utah has laws, but they are not enforced by law enforcement or the justice system.  Once again, what is being done to bring this sad state of affairs to the front to force law enforcement and the justice system to stand up and take notice?  From my perspective and from my personal experience nothing is being done.  As I learned when I was a child--be part of the solution or part of the problem.  My post does not minimize any one elses injuries/death, but brings to light that injustices happen in and outside of TX

MichaelBluejay

Webmaster

From: Austin, TX

Registered: 2008-05-26

Posts: 1,466

Website

Re: Ford Pickup Truck vs Bicycle No Justice in Utah

What is being done?  Not much, and not much *can* be done.  The problem is the car culture we've created.  We don't need to change laws so much as we need to change hearts and minds.  And *that* is no easy task.  It's like trying to figure out how to get people to stop being racist.  Good luck.

That said, activists in some areas try to make roadway justice an issue when a locality is choosing a new D.A. or police chief, and try to work with local police on making sure that cyclists are treated fairly and that at-fault drivers are prosecuted properly.  But as you've learned, it's an uphill battle.  I used to try to do that work.  I gave up.  Too much effort, not enough progress.  Heck, our "bike-friendly" city just officially approved car parking in yet *another* "bike lane".  If a city that allows parking in bike lanes is considered bike-friendly, then clearly we've got a big cultural problem that won't be solved easily or any time soon.

That said, I applaud anyone with the motivation to fight for what's right on this issue.  Justice is always worth working for, even if there's no clear path to victory.