Craverse City Record-Eagle: Cyclists hurting, but alive - Two men were hit from behind, face long recovery

William Aten and Brandon Inglehart love to bicycle great distances across northern Michigan, exactly what they were doing on a day that changed their lives. “A short ride is 25 miles,” said Aten, 58, a retired school principal who lives in Boyne Falls. On April 24, Aten and Inglehart, 33, a middle school science teacher, were cycling east, single-file along the paved shoulder of M-32 in Antrim County’s Warner Township.

They were to the right of the fog line when a company truck driven by Darren Zimmerman, 39, of Gaylord struck them from behind, Antrim sheriff’s reports said. “It was in broad daylight with no visual obstructions,” said Blake Ringsmuth, a Traverse City attorney hired by the cyclists. Both bicyclists suffered serious injuries, but no criminal charges were filed against Zimmerman. He may receive a traffic citation instead.

“I think it’s a very significant case because both the men had broken spines. They’re not in wheelchairs, but were in back braces for months,” Ringsmuth said.

Each cyclist suffered broken vertebrae, and Inglehart had a severe head wound. Now their lives are dominated by pain, expensive medical bills, pending surgeries, extended physical rehabilitation and limited mobility.

“I’ve been in a full body brace. I look like a Teenage Mutant Ninja Turtle,” Aten said.

He hasn’t been able to return to cycling, while Inglehart received the OK from his doctor a month ago, when he regained his sense of balance.

“The bike path was fine. But if I ride on any sort of a road, it’s nerve-wrecking. I will probably never ride by myself on the road,” said Inglehart of Petoskey, adding that he attached a mirror to his bike and always wears the brightest clothes in his closet.

Antrim County Prosecutor Charles Koop said he reviewed the case and determined there wasn’t enough evidence for a felonious driving charge, which requires proof of willful and wanton disregard for the safety of others.

“My interpretation of the police report is the accident reconstruction did not show that the driver was anything but inattentive,” Koop said.

He said a ticket for careless driving may be issued by police, but no criminal charges can be considered without further evidence. If either Aten or Inglehart had died, Zimmerman could have been charged with negligent homicide, Koop said.

Meanwhile, Ringsmuth is preparing a lawsuit against Zimmerman and the company that owns the truck he drove, MDC Contracting in Charlevoix.

Police reports show Zimmerman was not intoxicated when the collision occurred, but he admitted to stooping over to reach for a jacket and paperwork that fell to the floor. He said he did not see the cyclists until he struck them, police documents show.

Zimmerman could not be reached for comment and officials at MDC Contracting did not return repeated phone messages.

Zimmerman’s driving record includes one speeding ticket in March 2005 and two one-vehicle accidents in 2002 and 2003.

Aten and Inglehart said they hope their suit prompts motorists to be more aware of cyclists and remember that state law requires they share the roads.