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Investigation in cyclist's death blames driver speed, inattention
Tuesday, August 19, 2003
An article in today's Joplin Globe reviews the investigation of the Missouri Highway Patrol into the collision that killed a young Carl Junction boy in May 2003.

The patrol said Stirewalt [the driver] and Justin [the cyclist] were traveling north on Joplin Street across the Center Creek bridge when the accident occurred. Justin was riding next to a guardrail. As Stirewalt approached from the south, Justin made a sharp left turn into Stirewalt's path, and the Stirewalt car hit the boy's bicycle.
The interesting conclusion of the Highway Patrol's report, is that even though the cyclist made a sharp left-hand turn, crossing traffic lanes without checking traffic, the driver is still held responsible for the collision:
"It is my conclusion the crash was the direct result of (Stirewalt's) inattention and that he was traveling at a speed that was not safe for the given conditions," said the report, written by Trooper K.J. Kasischke.
In plain language: everybody knows that ten-year-old kids on bikes are just a bit erratic, and no one in their right mind goes whizzing by a young cyclist at 50+ MPH. If drivers do so and a collision happens, the collision is the fault of the driver for driving incautiously and too fast.

In British common law there is a principle, "The bicyclist is entitled to his wobble."

In my own observation, many (perhaps most) serious car/bicycle collisions are caused by a bicyclist mistake. This is particularly true in the case of young bicyclists.

But most car/bicycle collisions could be prevented if automobile drivers would exercise the highest degree of care, as required by Missouri law.


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