Text-messaging driver accused of hitting, killing cyclist

Text-messaging driver accused of hitting cyclist

Victim died 2 days after accident; 17-year-old charged with
misdemeanor

Dec. 2, 2005

HIGHLANDS RANCH, Colo. - A teenage driver accused of text messaging
behind the wheel and hitting a cyclist was charged with a misdemeanor,authorities said.

The 17-year-old was charged with careless driving causing death,
according to the Douglas County Sheriff’s Office. The charge carries a maximum sentence of one year in prison.

The victim, Jim R. Price, 63, was riding his bicycle Nov. 23 when he
was hit by the teen’s car, said Lt. Alan Stanton, a spokesman for the
sheriff’s office. Price died two days after the accident.

The teen has not been identified because he is a minor. Authorities
said he lost control of the car because he was sending text messages
on a cell phone. He was issued a summons and ordered to appear in
court, authorities said.

http://www.msnbc.msn.com/id/10295430/

What a thoughtless little asshole this kid is!

Therefore he will slide past this like a buttered pig.

Too bad for the man he mowed down, though.

See my post below...

42-4-1402. Careless driving - penalty.
Statute text
(1) Any person who drives any motor vehicle, bicycle, or motorized bicycle in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving. A person convicted of careless driving of a bicycle or motorized bicycle shall not be subject to the provisions of section 42-2-127.

(2) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense, but, if the person's actions are the proximate cause of bodily injury or death to another, such person commits a class 1 misdemeanor traffic offense.

They could possibly have charged him with:

18-3-106. Vehicular homicide.
Statute text
(1) (a) If a person operates or drives a motor vehicle in a reckless manner, and such conduct is the proximate cause of the death of another, such person commits vehicular homicide.

(c) Vehicular homicide, in violation of paragraph (a) of this subsection (1), is a class 4 felony.


The difference is in the manner in which the vehicle is being operated. "Careless" is an easier standard to prove than "negligent". Prosecutors usually want to keep their conviction count up so they're re-elected.

Makes no sense to me.

He should be charged with felony manslaughter, IMO.

Old enough to drive, old enough to go to prison.

Here's the Colorado statute for manslaughter:

18-3-104. Manslaughter.
Statute text
(1) A person commits the crime of manslaughter if:

(a) Such person recklessly causes the death of another person; or

(b) Such person intentionally causes or aids another person to commit suicide.

(c) (Deleted by amendment, L. 96, p. 1844, § 13, effective July 1, 1996.)

(2) Manslaughter is a class 4 felony.


Again, it's a matter of reckless vs. careless. Careless is an easier standard to prove and most Prosecutors want to keep their conviction rates up.

:evilgrin:

:9

Seriously. We won't let them have a beer, but they can get behind the wheel of a 2 ton killing machine, even with their underdeveloped judgment centers?

I think permits to drive with a parent at age 18, then licenses at 21 would help tremendously. I had several accidents before I turned 21, and haven't even gotten a ticket since. And the experiences of an awful lot of my friends mirror mine.

Applying and being approved for a DL here in the US is way too easy, IMO.

That doesnt excuse text messaging while driving, however.

in cars for minors in WI. i say not enough.

is that if you are on the road, you are at your own risk. Drivers do not have the responsibility to operate their vehicles in a way that is safe for you. Simple as that.

Yes, I have read the posts above concerning 'careless' versus 'reckless.' But the cyclist is dead because a driver was not paying attention, and the driver will not pay a commensurate price.

Given the physical realities of cars versus bikes, I try to ride off-road whenever possible. But when I'm on the road I don't assume that drivers will be courteous, intelligent, or even have their eyes open.