US: Bicycle fatality
Posted by admin on 12/4/06 in Cyclist Incidents
Rockford Register Star: Bicycle fatality
In Illinois we have “Scotts Law” and “Megan’s Law.” If a Bourbonnais family has its way, we will soon have “Matt’s Law.” Matt Wilhelm of Peoria died of head injuries in September after he was hit by a car while he was bicycling on Illinois 130 east of Urbana. The driver of the car, 19-year-old Jennifer Stark, was downloading ring tones into her cell phone and swerved off the road and hit Wilhelm.
Stark pleaded guilty to improper lane usage and paid a $1,000 fine, was ordered to attend traffic school and received the maximum sentence of six months of conditional discharge, a form of probation. According to a story by The Associated Press, the Champaign County judge who sentenced Stark said the punishment didn’t fit the crime but he could only apply the law that was in front of him.
According to the Champaign County state’s attorney, Stark could not be charged with anything more serious because of a loophole in the law. Stark’s actions did not fit the legal definition of reckless homicide.
The Wilhelms are going to Springfield to ask legislators to fix that loophole and create a charge between the petty offense Stark pleaded guilty to and reckless homicide.
The case generated a bunch of letters to the editor in the Champaign-Urbana News Gazette. Some folks were outraged by what they thought was a slap on the wrist for a horrible crime.
There were a few writers who complained about bicyclists and said cyclists were a safety hazard and should limit their riding to designated paths.
I asked state Sen. Dave Syverson whether “Matt’s Law” had a chance of passing through the General Assembly.
“Clearly improper lane usage should not be the maximum sentence available,” he said. “How much more, I’m not sure. ” Syverson was going to talk to sentencing experts and research the issue.
I hope to write more about this later in the week. I know of one local case where a bike rider was seriously injured last year by a motorist.
Meanwhile, back at the News Tower, folks from the River District will be here today to update us on the latest happenings.
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