Just when you thought you’ve already heard the worst of cyclists vs driver stories, here comes one that just makes you blanch.
Last month, the cousin (Jan Morgan) of a close friend of mine was hit by a driver. Jan lives in Mississippi with her husband, David, is an avid rider, and they even own a LBS in their hometown. Right now, she is very lucky to be alive. We are all thankful that she is, but she has a very long road of healing ahead of her.
The really scary (and infuriating) part of this whole thing is how the law enforcement and DA has (or rather… has NOT) been handling this case. The driver was going at a high rate of speed when the accident happened. A witness who was driving behind her told the officer this information. Furthermore after the driver hit Jan, she got back into her car and ran over her AGAIN. The DA tried to close the case claiming the driver could only be charged with a misdemeanor. “What?!” you ask? Yes, that’s right. However, he is “re-opening the case” as result of the public outcry, but still believes he cannot charge her with a felony.
I asked a local attorney (here in GA) who rides about this. His first response was the same as mine. “What about attempted murder?” Oh, but the DA claims that b/c the driver was just trying to move the car off the road that he cannot. WHAT?! ::headdesk::
See what I mean? The more you learn about this case, the angrier you become. …and the more mystified you become, as well. I cannot for the life of me understand how/why on earth the DA isn’t doing more. (I bet he would if this happened to his wife!) How about using the vehicle as a deadly weapon? For crying out loud, what about issuing a speeding ticket! (They took her “word” when she claimed that she was doing 55mph.)
There’s more. She was on the phone when the accident occurred. She claims she made a call after the accident happened. If that were true then, why wouldn’t she be on the phone with 911? She wasn’t.
Oh…and she would have gotten back into her vehicle a third time, except the witnesses at the scene prevented her from doing that and trying to leave.
Here’s an article from NEMS Daily Journal’s online site. [or scroll down to read it] Be careful. There’s more info in there that will make your jaw just drop.
ITMT, I, like David Morgan (and untold numbers of other cyclists from MS and around the country) cannot understand how the DA and the law enforcement can let such an injustice happen. Can you?