From The Bicyclist Lawyer
On Saturday, October 15, 2016, at 5:31pm, K.B. and her fiancé were riding bikes in Littleton, near Bowles on the bike path, when they entered a crosswalk. K.B.’s fiance’s bike had a Burly attached, in which their 2-year old child was riding. K.B. was just behind, following her fiancé and their child in the crosswalk, on a green light/walking signal, with ample crossing time remaining on the digital signal. Without warning, K.B. was hit by a car.
The car was in the left-hand turn lane, with a green light. When it was clear, it accelerated into the crosswalk and t-boned K.B. on her bike. Notably in this case, another car that sat in the turn lane had its dash cam running, capturing the entire event. You can hear that driver anticipate what’s about to happen – yet, for some reason the turning motorist never noticed K.B. or her family on their bikes, until it was too late.
Dash cam footage (forward to 3min in…warning- it’s not easy to watch this):
The motorist was cited by Littleton P.D. for failure to yield right-of-way to pedestrian under violation code 802(1), which is a Class A Traffic Infraction. A summons was issued for the driver to appear in Littleton Municipal Court. We contacted the City Attorney (CA) ahead of time and implored her not to offer a plea deal in this case. Her proposal was to drop the charge to a defective vehicle charge. We asked that she not do that, given the factual situation, the video showing clear negligence (and failure to yield) by the motorist, the injuries K.B. suffered, and the very real fact that one or two seconds earlier, the car would’ve hit the Burly with the child instead.
Communication quickly broke down with the City Attorney, who insisted this is how her office “always handles cases like this.” I informed her that I would be sure to notify the cycling community that this is Littleton’s approach to these cycling crashes. (i.e., this blog, and honorable mention in my cycling education classes). The City Attorney then spoke with my client directly and criticized my professionalism. (Yes, you read that right). We appeared several times in Court; on one occasion appearing, only to learn the case had been rescheduled and no one had bothered to tell us…
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