From aus.bicycle: Another Cyclist Fatality (in Canada)

Posted by admin on 05/15/05 in Cyclist Incidents

Len Kowalewich killed our son Kyle Forth
Another Cyclist Fatality (in Canada)
From Gags: The other night I decided to have a look at www.trailheadlights.com
as I remembered it was a guy in Canada who made some pretty cool carbon fibre light mounts. I went to the “order online” page to have a look at prices and found that the guy who owns the site (Duane) has had his 20 y.o. son Kyle killed whilst cycling. From the sounds of things, the guy driving the car has shown no remorse even though he was 100% to blame (sounds familiar??)

I sent Duane an email with my condolences and some details about the recent case with Eugene McGee and the subsequent “Wheels for Justice” rides. I also asked his permission to post the link to the page about his son in this forum. Duane said it was OK and below is the direct link to the page and an extract from his email….

http://www.mokahousekills.com/

Thank you for your kind note. You have my permission to spread the word about this with the aim of getting bicycles accepted as road users and encouraging people to take responsibility for their actions.

The driver that killed Kyle is being charged with “driving with undue care and attention”. Even causing death this usually seems to bring a fine of around $500. In spite of this and the fact that police and insurance have determined him to be 100% at fault the driver refuses to take responsibility. He has requested and been given several continuances, the latest so he can engage an engineering firm to analyze the “accident”. Our only consolation in having this dragged out is that weasel lawyers will be costing him thousands.

Ride safe
Duane

I think I am pretty safe in saying that as a group, our thoughts are with you Duane.

Ride On,

Gags

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1 Comment(s)

  1. Duane Forth | Dec 27, 2005 | Reply

    Update, December 15 2005 – The verdict is in!

    Leonard Kowalewich has been found guilty of the charge of “operating a motor vehicle without due care and attention” in the collision which took our son’s life. We have a conviction but still not the slightest sign of remorse or condolence. Mr. Kowalewich sat virtually without emotion for the entire trial, including during the description of a collision scene so gruesome it caused a veteran police officer to choke up with tears on the witness stand. The court was stunned when Kowalewich, under cross-examination by the Crown Counsel, said he didn’t believe he had done anything wrong and would in fact do the same thing again. He could not understand why the bicycle ran into his van. Judge Ernie Quantz sentenced him to a $1500. fine and a six month driving prohibition. This was close to the maximum penalty for this offence.

    I did not then, or even still now, grasp the full implication, but Crown Counsel said to us as we were leaving the courthouse that in his judgment His Honour (Judge Quantz) had in effect created a new law that could come to be known as “Kyle’s Law”. I could be wrong but the gist as I understand it is that since cyclists are so much more vulnerable than drivers, drivers owe them greater consideration than other vehicles and if they deny them their rights the penalties would be stiffer.

    Victoria Times Colonist’s Kim Westad’s report can be read here.

    That something positive could have come from that trial is a huge surprise and somewhat heartening.

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