Should Charges Be Filed?

[ChrisCBX]

I was just notified that a customer of the company that I work for, has died in a motorcycle crash.

There was no initial charges filed. Is this normal? Would charges be filed immediately with similar circumstances, if vehicles other than motorcycles were involved?

There does not appear to be a lot of details available for this crash but it appears that the driver of the Hummer turned in front of the motorcycle.

RIP to Mike and I hope that his wife has a full recovery.

Story from the Billings Gazette............


No charges expected to be filed for traffic fatality

TOM MORTON Casper Star-Tribune | Posted: Wednesday, July 15, 2009 10:30 pm |

CASPER - A driver of a sport utility vehicle failed to yield the right of way at the intersection of CY Avenue and Robertson Road, which caused a fatal motorcycle accident Friday night, Casper Police Sgt. Steve Schulz said Wednesday.

The accident, though tragic, did not rise to the level of a criminal act, Schulz said.

"There were no charges filed," he said. "Investigations is not actively looking at it."

The accident killed motorcyclist Michael D'Arcy, 55, and injured his wife, Deb, according to the Casper police investigator's traffic crash report.
The driver of the SUV, a 2006 Hummer H3, was not cited, he said.
The accident occurred about 10 p.m. Friday, when the Hummer driver, Jennie Miller, 50, of Chadron, Neb., was traveling about 30 mph in a 45 mph zone and turned north on Robertson Road, according to the report. She had two passengers, also from Chadron, in the car, according to the report.
D'Arcy was traveling west at 45 mph and hit the passenger side of the Hummer head-on, according to the report. The report did not indicate if he was wearing a helmet.

Deb D'Arcy was taken to the Wyoming Medical Center for treatment. She was listed in stable condition on Wednesday afternoon, according to hospital spokesman Mike Phillips.

[kawasakirob]

Yeah why not? If they can't see a motorcycle with their headlights on coming straight at them, they should probably not be driving.

[Zanos]

First off, charges can always be filed later.
Second off, the bad idea is to file pre-maturely with a poor investigation to see who was at fault or primary cause.

It is common for charges to not be filed, day-of.

[rforsythe]

They don't have careless driving resulting in death as a charge up there or what?

[#1Townie]

sad..................

[Nerves]

Man this is happening a lot lately. RIP to the husband and a speedy emotional and physical recovery to the wife. How sad.

[co_gixxerguy]

45 in a 30.....failure to yield....no citations? her brother the investigating officer or what? My brother just lost half of his right leg due to somebody like this in a jeep effectively runnin him over...took 3 paramedics to get him out from between the jeeps rear end and his bike...only damage to the jeep was on the FRONT bumper and my BROTHER got the ticket....wtf do cops have against bikes?

[Dietrich_R1]

Weren't they talking about criminal charges? Was a ticket issued to the cage driver for failure to yeild or something like that though? Not all 'accidents' are criminal. I would chalk this up to A+ reporting of the wonderful media in our world!!!

Not knowing Wy law, I would assume civil would take over if the family persues????

Any thoughts????

D

[Bueller]

she was doing 30 in a 45 (probably on her fucking phone).


The accident, though tragic, did not rise to the level of a criminal act, Schulz said.

"There were no charges filed," he said. "Investigations is not actively looking at it."



/case

[dirkterrell]

she was doing 30 in a 45 (probably on her fucking phone).


Quite likely. My condolences to the family. This is another example of how riders really have to pay attention not only to what they are doing but to what everyone else is doing. Is the driver on the phone? Putting on makeup? Eating? Yacking with other people in the car? I have so far managed to stay alive after 25+ years of riding by actively scanning what others are doing and being prepared to react. I have gotten out of several situations where paying attention kept my ticket to the morgue from being punched because I had given myself a way out before a driver did something stupid. Intersections are death traps for us and we should always be at full alert when approaching them. Gear down, scan, and ask yourself "what if that driver does something stupid like turning left in front of me". Give yourself a way to avoid them. We can't make the risk zero but we can reduce it.

Dirk

[Shea]

Was the hummer silver???

[brennahm]

What a damn shame.

No charges filed...

Driver not cited...

It's amazing how so many drivers fail to realize the lives they become responsible for when they get behind the wheel. I hope D'Arcy takes every penny that bitch has.

[McVaaahhh]

I don't believe they generally file charges in an accident death unless the "killer" is really driving crazy (drunk, reckess, that sort of thing). This sounds like just a horrible, unfortunate accident and again highlights the desperate need for motorcyclists to be completely aware of what everyone else is doing.

[McVaaahhh]

That, and I feel like it's less of a crime if a motorcyclist dies because I believe there's a perception that it's partially our fault because we choose to ride a motorcycle where we are less protected than in a cage. :down:

[Wintermute]

Civilian Hummer drivers, the "special needs" children of the automotive world.

http://www.fuh2.com/submissions.php?query=&page=0&limit=40

RIP rider.

[T-Dub]

Def. not trying to give any excuses, but having driven in Casper, I will tell you they have some seriously screwed up intersections. I have almost been kilt a few times there. Confusing signage, lights, and road markings. I wouldn't ride a bike there.

[Horsman]

Was the hummer silver???
good question - bet you it was!!!! LOL....
http://i142.photobucket.com/albums/r107/4Horsman/FearAndLoathing004-1.jpg

[Mental]

Civilian Hummer drivers, the "special needs" children of the automotive world...

QFT

Regardless of the criminal charges, I would think she should have been cited, but yeah, when Deb D'Arcy gets out of the hospital, I bet she tells a teary eyed story toa jury about the evil Hummer driver and that situatuion takes a different turn in civil court.

regardless, I am sure she's rather have her husband.

RIP rider.

[kawasakirob]

This is a good reason why you should carry a gun on a ride...

[JustSomeDude]

45 in a 30.....failure to yield....no citations? her brother the investigating officer or what?

The car was doing 30 in a 45.

The motorcyclist was doing the speed limit.


she was doing 30 in a 45 (probably on her fucking phone).

Or turning at an intersection? :dunno:

aerial... http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=CY+Avenue+and+Robertson+Road,+casper,+wyo&sll=37.0625,-95.677068&sspn=42.631141,67.236328&ie=UTF8&ll=42.808798,-106.413875&spn=0.00242,0.004104&t=h&z=18&iwloc=A

[CaneZach]

Charges are typically not filed immediately after a case like this, unless there is some strong evidence supporting a felony charge, such as the driver of the at-fault vehicle is drunk and has just run over a group of toddlers. In that instance, the driver would be arrested, booked under the felony charges, and the investigating officer would have a day or two in which to complete at least a preliminary investigation so the DA's office could respond during the initial hearing. It doesn't mean she isn't going to be charged, just that they didn't charge her yet. If a few days or weeks go by and she isn't charged, that's a different story.

[JustSomeDude]

Looks like the worst that occurs in this type of situation is "failure to yield to oncoming traffic" (or right of way). Recall the Roethlisberger incident...

http://kdka.com/national/Ben.Roethlisberger.Steelers.2.269192.html

Even though it resulted in death in the Casper accident, a more severe charge is likely unwarranted. I'm not saying I agree with the law... just stating what will likely occur.