Bicyclist Struck, Killed in Northville
Rain, visibility and alcohol are factors in the accident, township public safety director says.
A 58-year-old Northville man was killed on Seven Mile Road tonight.
It was raining heavily before 8 p.m. when the man, who was riding a bicycle, was struck on Seven Mile between Silver Springs Drive and Haggerty Road.
Northville Township public safety director John Werth said two Northville men headed eastbound on Seven Mile told police that they knew they hit something but weren't quite sure what they hit. He said they pulled into the nearby state police crime lab, less than a quarter-mile east of where the man was hit, to report the accident.
The township fire department's paramedics responded and attempted to revive the man. But he was pronounced dead at the scene.
Werth said that police believe the bicyclist veered off the shoulder into the lane and that "alcohol was a factor" for him.
The two men in the car are OK but are "shaken up with the tragedy that happened," Werth added.
As of about 8:30 p.m. Werth said that Seven Mile will remain closed to traffic between the state police station and just east of Silver Springs Drive.
In late July, another man was killed on Seven Mile Road near Fry Road. It was also raining heavily during that accident, reducing visibility.
Northville Mom
9:44 pm on Friday, September 9, 2011
The third picture should not be shown, please take it down.
EBC
10:01 pm on Friday, September 9, 2011
I agree with you, Teresa. It's too much. That's someones father, brother, husband, friend.
James Morche'
1:42 pm on Saturday, September 10, 2011
How can they say alcohol was involved if what they found were FULL cans of beer? Do they have toxicology reports?
Nancy Kelsey
10:19 pm on Friday, September 9, 2011
You're both absolutely correct. The photo was uploaded, and after discussions with editors, we decided not to publish. Somehow, it was inadvertently published.
EBC
10:24 pm on Friday, September 9, 2011
Thank you for getting back to us on this. It is appreciated.
Nancy Kelsey
10:28 pm on Friday, September 9, 2011
No problem. I really appreciate the feedback.
Northville Mom
8:41 am on Saturday, September 10, 2011
Thanks for the quick response of removing the picture!
Brian Babylon
12:18 am on Saturday, September 10, 2011
It says, "Werth said that police believe the bicyclist veered off the shoulder into the lane." I would be interested in why they believe that! Did they hear it from the man who hit him?? Michigan Law allows for a cyclist to take up an ENTIRE lane when need be. I certainly hope there is a follow up to this story.
Rich
12:20 am on Saturday, September 10, 2011
I was over there shortly after it happened...I was on my way to Little Caesars and saw all the police and ambulance. What a sad story
Rich
12:24 am on Saturday, September 10, 2011
Teresa...what was so bad about the 3rd picture? I didn't see it
Rich
12:28 am on Saturday, September 10, 2011
Brian....when it is wet out...and raining....bicyclists need to use some common sense about when and where to ride a bike. 7 mile is a road that is quite hilly, and visibility is limited in many spots. So I don't think anyone should point their finger at the driver. Bicyclists, epecially those who have been drinking alcohol (as stated in the article)...need to use more common sense on nights like this one
Rich
12:40 am on Saturday, September 10, 2011
Here's what I don't understand. How do the cops already know that alcohol was a factor for the man riding the bike? Seems very unlikely they could have tested his blood and found out results that quickly.
Linda Henley
8:01 am on Wednesday, September 21, 2011
You mean you can't tell when a person has been drinking by the smell? Same with cigarette smoke. The odor is a dead give-away, in most circumstances.
Brian Babylon
12:49 am on Saturday, September 10, 2011
The Northville Police need to investigate this further. Pulling into the crime lab (???) a quarter of a mile away sounds fishy to me!
Kathy
9:16 am on Saturday, September 10, 2011
We stopped right after the accident occurred. The man was lying on the ground, unconscious and bleeding, bike mangled, and at least 9 to 14 full beer cans scattered from the impact. The young men driving the car stopped at the crime lab because it was the first driveway and opportunity to pull over. They placed the call to 911. They were devastated. This truly was an accident.
Rich
12:29 pm on Saturday, September 10, 2011
I agree Brian...I would like to hear a follow-up to this story. Just because the man on the bicycle had beer on him, doesn't mean he had been drinking up to that point.
chris. roznowski
2:13 pm on Saturday, September 10, 2011
Every time I see a biker I Pray for his safety. The drivers go too fast. They refuse to slow down.
rick canzano
5:36 pm on Saturday, September 10, 2011
I am an avid cyclist and ride on that road every week. The driver is definitely at fault here. No wonder he's devastated. He was likely on the phone when it happened. He doesn't even know what he hit which means he never saw the guy on the bike. Motorists all believe the road is theirs and no one elses. They are always irritated when they have to go around or god forbid slow down for a cyclist
Linda Mimnaugh
7:17 pm on Sunday, September 11, 2011
Ride the trails and leave the roads for what they're meant for....CARS! I travel 7 mile Rd. twice a day and between the cyclists and runners dodging in and out of traffic it's no wonder memorials are springing up. Wake up...you might be next. Yes you're comment did irritate me!! Know your facts before you speak up, unless you want people to know how ignorant you are.
Northville Mom
8:27 pm on Sunday, September 11, 2011
To Linda Mimnaugh: Look who's ignorant, your telling a dead man he had no right to ride his bike on the road and that's why he's gone. Next time you leave a stupid message like this you might not want to leave your full name.
vivi
11:34 am on Wednesday, September 14, 2011
People here have questioned why the police "think" the bicyclist swerved into traffic? Why do you surmise that the driver was on the phone? That's just an irresponsible comment. Also, it was raining - if he didn't see the guy on the bike, he didn't. I have had a few similar situations with pedestrians, especially in weather and a location where you don't expect it. How about this: did the bicyclist have reflectors or anything that would make him easier to see? Accidents are accidents - and perhaps a confluence of mistakes on BOTH sides. I think it's also foolhardy to assert that you have the RIGHT to be on the road, therefore the cars had better watch out. Of course you have the right, but common sense must come into play. I am always careful around bikes, but I knew someone killed while riding. It's just like driving a car: defensive driving is best. I would think that goes 1,000 times over for riding a bicycle on the road.
Tim Kelly
8:00 pm on Saturday, September 10, 2011
This is BULLSHIT! Alcohol was involved because he just had purchased it at the store! Not because he was drinking it but because he was carrying it! The driver should be checked for DUI because he was killed by hitting their windshield. And they didn't know it? Your suppose to stop immediately,not drive away to the first driveway! There needs to be an investigation cause I am pointing a finger at the driver and he should be held accountable. You also shouldn't say the man was drinking either when you don't know! He lost his life and it's BULLSHIT that someone might get away with it! Yea he had family and friends and didn't deserve to die this way!!!!!!!!!!
chris. roznowski
8:14 pm on Saturday, September 10, 2011
I agree with Rick Canzano. Rich as for not pointing a finger at the driver you also do not pointe it at the biker when you do not know all the facts.
Brian Babylon
8:16 pm on Saturday, September 10, 2011
Two things need to happen... We need better reporting AND a complete police investigation. I am calling on all cyclists who read this to go to the Northville Police Department and demand that they do their due diligence! I plan to.
m-ashby
8:44 pm on Saturday, September 10, 2011
brian it was northville township police i spoke to them but i cant say anything the police found us or called to speak to us i cant stop the tears he was my older brother
m-ashby
8:30 pm on Saturday, September 10, 2011
this was my brother he was not drinking he was 50 yards from his house a close friend was just with him 30 min. prior to this and said he was stone sober not drinking when you are hit at 45 mph i dont care if it is soda it will go everywhere he was my best friend and a experienced bike rider and a northville resident for 53 yrs on and off we are on this something in this story just doesent make sense i will post more later and read your comments
Jamie
9:41 pm on Saturday, September 10, 2011
m-ashby, Im so sorry for your loss.
Greg Meadows
10:08 pm on Saturday, September 10, 2011
Tim Kelly is the only one who knows what he is talking about . The man lived right there in the north ridge condos he couldn't drive so he had to ride his bike. Any driver who could not see him doesn't belong on the road. It was raining but not dark so that is BUll Shit. I would like to know if the two people in the car were messing with the old man on the bike with a bag hanging from the handle bars making him look homeless and they didn't like that look in northville and they hit him instead of scaring him. It sounds suspicious to me.
Greg Meadows
10:34 pm on Saturday, September 10, 2011
That last comment was in anger I'm tired of everybody blaming the victim before they know what even happened I'm sure this was an unfortunate accident . Quit trying to blame alcohol on everything.
m-ashby
10:40 pm on Saturday, September 10, 2011
Thank you for your condolences. Our family is having a difficult time wrapping our heads around how this happend. I appreciate those who realize that just because someone is carrying beer to their homes doesn't mean they are drunk. We just can't fathom how the driver heard the hit but never saw it coming. I am curious about this reporters "sources" in the police dept, since they mentioned none of these "factors of the accident" she was told to us. I thank all for your concern, but kindly ask that you not post comments that are nasty until you know the facts.
m-ashby
11:46 pm on Saturday, September 10, 2011
I've just been scrolling back thru people's comments. I just feel the need to add, to the person that supposedly saw all these beer cans & could smell the alcohol....he had literally purchased a 12 pk of bottles so the smell was from broken, FULL, unopened beer bottles. Its no different from those of us who go grab some beer in our cars...does that make everyone guilty of driving drunk simply because you wanted to buy some beer to take home? The person that this reporter spoke to had no info @ that time. He's not involved with the case. He was a very experienced cyclist & would never have veered into traffic...especially when that is a 2 ft shoulder! To make assumptions about the VICTIM is very wrong. What they cant tell us yet is if they even took blood from the driver who caused our family to lose our special brother. What is it about this soceity automatically blaming the victim?!
Jo
9:08 am on Sunday, September 11, 2011
The driver could be charged with negligent homicide regardless of whether or not the cyclist was drinking or veering. He had the right to the full lane.
Al
12:28 pm on Friday, April 6, 2012
I heard the the rain was pouring down and the man veered into traffic because he was about to hit a drain which was backed up and swerved into traffic. Common sense would be if pouring and visibiltiy is so poour, ride your bike on the side walk dah!! Oh when pouring rain and night time also carrying beer would be alittle hard to control your bike wouldnt you say people. The victim was a young boy who was cleared of any wrong doing including speeding and alchol or on his phone. leave it alone. Its sad he had to drive but sometimes you just need to say he was wrong
M. Ashby
5:59 pm on Saturday, April 7, 2012
___AL___ JUST TO LET YOU KNOW IT WAS NOT POURING RAIN GET FACTS STRIGHT DAH!! YOUNG OR OLD A MAN HIT FROM THE REAR ON HIS BIKE W/ALL REFLECTORS IS A DEAD MAN AT 40 MPH OR SO
THE MAN THAT WAS HIT BY THIS DRIVER WAS STONE SOBER THE BOYS WELL WE JUST DONT KNOW CAUSE THEY DID NOT DO ANY AND I MEAN ANY BLOOD WORK JUST REMEMBER AT ANYTIME IT COULD BE SOMEONE CLOSE TO YOU THINK ABAOUT THAT
EBC
6:24 pm on Saturday, April 7, 2012
It was dark, raining and the bike rider choose to go on a beer run and rode his bike in the street. Its a free country and you can do all of those things but risky behavior like that increases any persons chances of being hurt. Its an awful loss. Please don't respond by saying it was not dark & raining, it was. FOIA.
Have you hired a lawyer yet to try and get some money out of this? Im guessing, yes.
chris. roznowski
10:45 am on Sunday, September 11, 2011
I agree with you Jo and with M-Ashby. M- Ashby my deepest sympathy goes out to you and your family.
chris. roznowski
11:05 am on Sunday, September 11, 2011
I agree with Greg Meadows on both of his comments. So if it was raining. dark, fog, what ever. The drivers should slow down and be aware of there surroundings be more careful. But they are not I see it everyday. How about the person that was hit when crossing the street. Would you say he was drinking? Just Saturday morning it was raining and this red truck was going down 12 mile at about 70 miles. If there was someone crossing or riding a bike they would have been hit.
m-ashby
1:49 pm on Sunday, September 11, 2011
I had to identify my brother today at the wayne county examiner. it was my brother
they could only show us part of his face i have no words but to say it was bad i will post again after i pull myself back together.
Debra Pope
2:23 pm on Sunday, September 11, 2011
This was a tragic accident and I agree that motorists have little respect for bicycles on the roads. Most drivers do not want to share the roads, and sometimes seem to go out of their way to harass riders, off the road. I am not saying that this was the case this time, but it's just another sad scenario of our society, as a whole. I do believe riding a bike at night without proper lights is extremely dangerous and I am unsure if this rider had lights or any riding gear on? I also think motorists are too agressive and in a big hurry, for what ?
m-ashby
4:00 pm on Sunday, September 11, 2011
Just for everyone's information, our brother did have lights, reflectors, and proper safety gear on his bike. It was raining but not dark. If they were looking at the road in front of them at all they would've had to see him. We appreciate all of your prayers & will continue to update as more info comes in.
m-ashby
5:48 pm on Sunday, September 11, 2011
my kids keep asking where is there uncle we want to go for a bike ride its nice out call him
Peggy
6:51 pm on Sunday, September 11, 2011
I am so sorry for your loss m-ashby. My heart goes out to you and your family. Please consider contacting the League of Michigan Bicyclists (http://www.lmb.org/). They are advocating for stronger laws to protect bikers and could probably recommend a lawyer if you want to explore suing the driver.
chris. roznowski
9:01 pm on Sunday, September 11, 2011
I agree completely with Nothville mom what she had to say to Linda Mimnaugh comment. I think the bicylist have every right to be on the road.
Brian Babylon
9:25 pm on Sunday, September 11, 2011
Ladies and Gentleman, it is not an opinion that a cyclist should have the right to use a lane of the road, it is LAW. I will be at the Police Department on Monday to demand a thorough investigation and I hope other informed cyclists will do the same. Thanks!
ecnalubma
11:38 pm on Sunday, September 11, 2011
Brian: Don't embarrass yourself; the MICHIGAN VEHICLE CODE, Act 300 of 1949, 257.660a says, a person operating a bicycle upon a highway or street at less than the existing speed of traffic shall ride as close as practicable to the right-hand curb or edge of the roadway. Besides that, what bicyclist in their right mind wants to take on a car, they will always come out second best. I am appalled by the comments here. First of all, no matter the reason or circumstances, the death of this bicyclist, god rest his soul and bless his family, is a tragedy. The motorist, god bless him, have to live with this for the rest of his life, and all of you who are quick to jump to your own conclusion(s) with no, or little facts of your own, grow up! I have a lot to say about the rude bicyclists who use our roads, act entitled, and are unswerving in their attitude, but I'll save this for another day because this tragedy is not the forum for this discussion.
David Huntsman
1:39 am on Friday, October 28, 2011
ecnalubma, you misunderstand the vehicle code. The section you quoted is what gives a cyclist the right to the lane when the lane is too narrow for a cyclists and a car to be side by side, or when it is wide enough but the right side is unsafe (like, filled with water, potholes...)
Additionally, the area to the right of the white line is not the road. It is the shoulder. No cyclist is required to ride there. If motorists were aware of that, they wouldn't (incorrectly) think cyclists "ought to be over there" and perhaps slow down, keep their eyes open for cyclists and only pass when it is safe.
Brian Babylon
12:13 am on Monday, September 12, 2011
The law clearly allows a cyclist to move away from the "right-hand curb"...
257.660a Operation of bicycle upon highway or street; riding close to right-hand curb or edge of roadway; exceptions.
Sec. 660a.
A person operating a bicycle upon a highway or street at less than the existing speed of traffic shall ride as close as practicable to the right-hand curb or edge of the roadway except as follows:
(a) When overtaking and passing another bicycle or any other vehicle proceeding in the same direction.
(b) When preparing to turn left.
(c) When conditions make the right-hand edge of the roadway unsafe or reasonably unusable by bicycles, including, but not limited to, surface hazards, an uneven roadway surface, drain openings, debris, parked or moving vehicles or bicycles, pedestrians, animals, or other obstacles, or if the lane is too narrow to permit a vehicle to safely overtake and pass a bicycle.
(d) When operating a bicycle in a lane in which the traffic is turning right but the individual intends to go straight through the intersection.
(e) When operating a bicycle upon a 1-way highway or street that has 2 or more marked traffic lanes, in which case the individual may ride as near the left-hand curb or edge of that roadway as practicable.
Webpage...
http://www.legislature.mi.gov/%28S%28txlb0g45nwnadkiayjy5wfif%29%29/mileg.aspx?page=getobject&objectname=mcl-257-660a&query=on&highlight=bicycle
ecnalubma
1:10 am on Monday, September 12, 2011
So name calling has gotten you far, hasn't it? Go ahead and demand, see how far that gets you. For the size of the community and the taxes paid, Northville Township has a high quality police department with well trained officers who will turn in a detailed report to the Prosecutors Office, who I bet, will file no charges, at least from what I have read and heard. The 2 bit web blog you speak of, the Northville Patch, owes nothing to providing you or anyone anything. By the way, a bicyclist surely has the right to move away from the curb, but 2 objects cannot occupy the same space. Be sure to read all of PA 300 that pertains to bicycles,
http://www.legislature.mi.gov/(S(4pj1bl554brodgistee10xnv))/mileg.aspx?page=getObject&objectName=mcl-300-1949-VI-OPERATION-OF-BICYCLES-MOTORCYCLES-AND-TOY-VEHICLES
and good-luck on Monday.
Jamie
7:27 am on Monday, September 12, 2011
I don't think all this bickering and getting fired up is really helping at this time. Let the family process the loss of a loved one. If you wish to leave a thought, why not let it be a condolence.
M. Ashby
8:39 am on Monday, September 12, 2011
Brian....ourfamily truly appreciates your support. Unfortunately though, I don't think the police are going to release any info to you, as they haven't finished their investigation, & won't even give us, his family answers yet. He was not only my husband's brother, but a best friend to him. They grew up in Northville & since my brother-in-law was unable to drive, he was well versed in the laws. Ecnalubma, this family has been put thru so much this past year, including the death of their father, & now brother. Please don't use this site to argue w/ strangers. If you believe this news outlet is so "two-bit", why are you even on it? We need the community's support right now, & nothing more. When he was killed, it was not dark, but it was raining. There is a large storm drain in the roadway that is almost completely plugged w/ debris. The area was flooded due to this & he had every right within the law to go around it. As I said before, if the driver had been looking @ the road ahead he would've had more than enough time to avoid this. While I do feel for the driver, I would never be able to live w/ myself, he killed our brother & should pay for that to the fullest extent of the law.
ecnalubma
1:13 pm on Monday, September 12, 2011
M. Ashby: Please accept my condolences, I believe I was acquainted with your brother-in-law, and I’m sorry if my comments offended you. I just paraphrased Babylon regarding the 2 bit comment. I regularly search the local news outlets when I have a little free time, so I am no stranger to this web site. I am truly sorry for any tragic loss such as this. Mr. Babylon has taken this opportunity to take shots at the Police and other drivers who must share the road. I have not lowered myself to name calling, or innuendos. I respect your loss and I pray for you and your brother-in-laws family, and I know how tragic this can be for all involved!
krdunnam
6:01 pm on Monday, September 12, 2011
M. Ashby, on behalf of the bicycling community, I would like to offer your family a ghostbike. You can contact us on Facebook under Michigan ghostbikes.
So terribly sorry for your loss, and the thoughtless comments.
Rory
6:13 pm on Monday, September 12, 2011
Clearly the driver was not paying attention. How do you not see a cyclist with reflectors and in front of you if you are looking where you are going? Unsafe/wreckless driving results in the death of a vulnerable roadway user. He should be charged with a felony. He drove carelessly and killed a legal roadway user.
Support Vulnerable User Penalties in Michigan! http://www.lmb.org/index.php/Advocacy/vulnerable-user.html
David Huntsman
1:42 am on Friday, October 28, 2011
Yes. A motorist in the fog, or heavy rain, or who is sun-blinded should proceed no faster than a cyclist anyway. That way he can see a cyclist and "accidents" such as these are avoided.
M. Ashby
7:54 am on Tuesday, September 13, 2011
Krdunnam, we genuinely appreciate the gesture. We'd love to take you up on the offer for a ghostbike. Only problem is we do not associate with Facebook. Is there a better way to get in touch with you? And ecnalumba, your condolences are much appreciated. Thank you for being so respectful to our family in this very difficult time. Not sure if anyone caught fox2 news last night, but they ran a story on him. You can still check it out at myfoxdetroit.com
krdunnam
10:25 am on Thursday, September 15, 2011
Ghostbike has been installed. Several photos are above, and more are on the Facebook wall for "Michigan ghostbikes."
M. Ashby
10:57 pm on Tuesday, September 13, 2011
Well we had a private memorial service for Jerry today. Watching my husband lose control like he did made me all that more determined to bring justice for his brother. No one deserves to die this way......it's just so hard. I know everyone has busy lives but if you guys could stay w/ us & keep supporting our family, & pursuing the truth & justice for Jerry it would really mean a lot to us.
Jo-Ann Lester
4:39 am on Wednesday, September 14, 2011
Ashby family from Oregon
I have been on the internet every day trying to locate a Northville newspaper with the report of the car/bike fatality that occurred on Sept 9-2011. Finally today I located this article. I have also read all of the blogs. I see several people jumping to conclusions and making insensitive accusations without having the facts. I hope the police will do a thorough investigation. The man that was killed was my cousin. He was a special guy, much loved, and will be greatly missed. We have had two deaths in our family this year. Please people show some consideration.
My husband and I are avid long distance cyclist. We have personally experienced that cars are often not watchful or willing to share the road with cyclist. We are fortunate in Oregon that many of our cities now also have off road cycling/walking paths. Thanks to the people in bike clubs (like me) uniting for better laws and designated bike lanes to make cycling a safer sport and a non polluting way to commute to and from. Jo-Ann
krdunnam
8:05 am on Wednesday, September 14, 2011
Here is the Fox TV report.
http://www.myfoxdetroit.com/dpp/news/local/bicyclist-struck-and-killed-in-northville-20110912-wpms
Jo-Ann Lester
4:22 pm on Wednesday, September 14, 2011
Thanks krdunnam for directing me to the Fox TV News website. I read the story and watched the video. They did a better job of reporting on the details. Living so fare away makes it difficult for us to get information. Thank God for the internet ! Understanding the events helps us somewhat to work through our grief. This sudden lose is absolutely tragic for our family. Jo-Ann
john
5:42 am on Wednesday, September 14, 2011
Let me first offer my condolences to the family and friends of this person. This is obviously a great tragedy for them, and I hope their faith, family and friends help them through this.
Secondly, any accident of this nature should of course be thoroughly investigated, to ensure there was no alcohol, drugs, or recklessness/negligence on the part of the drivers. Depending on the context, criminal charges, or at least a civil suit, might be appropriate.
That said, it is unfair to make negative assumptions and charges against the drivers here without evidence. The current sunset time is 7:46, so presumably, it was in fact getting dark at the time of the accident (sometime before 8:00, presumably not long before then). A heavy rain, especially at dusk, can make it almost impossible to see someone like a biker. Presumably, the police officer would not have said that alcohol was a factor unless they first tested the rider. (Alcohol is fairly easy to test for.) And even if he was cold sober, carrying a 12 pack (or case) of beer can make it difficult to ride steadily.
No one is saying that the rider deserved to be hit. No one does, regardless of whether they're riding in the rain, or in the dark, or even while buzzed. We've all done that. The question is whether the drivers were truly culpable here, or whether this was an unavoidable accident. If the rider did indeed suddenly veer into the lane, for any reason, we can't really fault the drivers.
john
5:53 am on Wednesday, September 14, 2011
Regarding bicycle rights on the road: I like to cycle, and I've logged hundreds of miles in the area. But cyclists need to be realistic, and careful. Regardless of what the laws of Michigan may say, the laws of physics trump them. And a bike will lose a contest with a 2000 lb car every time.
As noted, bikes need to stay far to the right, in the shoulder, unless there's a compelling reason to move into the center lane. Any sudden shifts into traffic (which may or may not have occurred here) is asking for trouble. Cyclists need to be hyper-aware of their surroundings, and need to check carefully before moving into traffic lanes.
I've seen some rude and careless driving by cars (as both a cyclist and motorcyclist), but I've also seem some very rude and reckless riding by cyclists. I've seen groups of cyclists take up full road lanes, even though they were going much slower than the speed limit. That's simply inappropriate, and asking for problems. No one would appreciate someone driving 40 mph on the freeway, and it's in fact illegal, for obvious reasons. Similarly, no one, car or bike, should be blocking traffic and moving far below the speed limit on any road. That only encourages risky passing by cars, and guess what? If a car suddenly appears in the other lane, do you think the passing car will hit the oncoming car, or the smaller and therefore less dangerous bikes?
Brian Babylon
9:30 am on Wednesday, September 14, 2011
John, Fox Detroit does cite a compelling reason for the cyclist to move to the left away from a storm drain catch basin. It was clogged! Plus, Michigan State Law makes it legal for the cyclist to do so.
The law clearly allows a cyclist to move away from the "right-hand curb"...
257.660a Operation of bicycle upon highway or street; riding close to right-hand curb or edge of roadway; exceptions.
Sec. 660a.
A person operating a bicycle upon a highway or street at less than the existing speed of traffic shall ride as close as practicable to the right-hand curb or edge of the roadway except as follows:
(a) When overtaking and passing another bicycle or any other vehicle proceeding in the same direction.
(b) When preparing to turn left.
(c) When conditions make the right-hand edge of the roadway unsafe or reasonably unusable by bicycles, including, but not limited to, surface hazards, an uneven roadway surface, drain openings, debris, parked or moving vehicles or bicycles, pedestrians, animals, or other obstacles, or if the lane is too narrow to permit a vehicle to safely overtake and pass a bicycle.
(d) When operating a bicycle in a lane in which the traffic is turning right but the individual intends to go straight through the intersection.
(e) When operating a bicycle upon a 1-way highway or street that has 2 or more marked traffic lanes, in which case the individual may ride as near the left-hand curb or edge of that roadway as practicable.
john
10:56 am on Friday, September 16, 2011
Brian, the news report indicates there was a strorm drain in place, that may have been clogged, thus indicating a possible reason why the cyclist may have moved into the main lane.
You are also correct that the law allows for the cyclists to move into the main lane when necessary. However, that doesn't mean cyclists have the right to the full lane as a general principle. More importantly, it doesn't change the fact that moving suddenly into the main lane without adequate care can easily lead to a collision with other vehicles.
Again, we don't know yet what happened here. But whatever the legal technicalities, if the cyclist did suddenly swerve into traffic on a dark/rainy day, we can't really fault someone for not seeing him, and colliding with him. That could happen to anyone.
David Huntsman
2:38 am on Friday, October 28, 2011
John, of course cyclists should be careful. But motorists have the heavier responsibility because they drive the deadly vehicle. If we are going to balance things with social obligations (which the law does not suggest, let alone require...) then motorists should be even more careful. Motorists have to give up the expectation of proceeding rapidly as a matter of right, and come to realize they are meant to slow to the speed of a person like the deceased when their vision is compromised on the road. Another way of looking at it is: between the motorist and the cyclist in the rain, one had a shelter in which to wait it out...and the other is now dead.
Finally, when you start a comment with "regarding bicycle rights on the road..." you are starting backwards. The issue is motorist rights on the road. People have the right to use the road, and people are progressively limited and restricted and obligated to watch out for others as the size, weight and speed of their vehicle escalates. Somehow, people - including law enforcement - have forgotten this. People now believe that once you graduate to driving a car, you somehow have a paramount right over vulnerable road users. And that "bicycle rights on the road" is a novel concept, to be discussed in the abstract. It is not.
David Huntsman
2:40 am on Friday, October 28, 2011
John, regarding the right to the full lane, it is almost always there when the area to the right of the line is "shoulder" and not road. Unless the actual lane can allow a cyclist and a car to operate safely side-by-side, the cyclist generally has the right to the lane with the same obligation to pull over as any other slow traffic (tractor, horse and buggy et cetera...)
john
6:21 am on Wednesday, September 14, 2011
Bottom line, anytime you ride outside the shoulder, you're taking your life in your hands. (I'm not saying that happened here, I'm speaking generally.) This should only occur in emergency situations, when absolutely necessary, or in urban intersections, where everyone is moving slowly. If you're riding two or more abreast, you're asking to be hit. Cars have the right to move at normal speeds on the road, and it's simply unwise and reckless to block them unnecessarily. Cycling is healthy and green, but it doesn't give anyone the right to inconvenience or endanger others. (Creating bottlenecks in traffic endangers everyone.)
Cars need to be alert to cyclists, drive at reasonable speeds, and stay off shoulders. Cyclists need to be alert to cars, ride carefully with lights, reflectors, and reflecting clothing (when dark), and stay in shoulders.
But along with proper training/education for all users, cities/states need to provide adequate shoulders, bike lanes, and bike trails/paths. It shouldn't cost much to provide a 3-5 foot paved shoulder/lane/path on most roads and streets. That alone would ensure the safety of most cyclists. Bottom line, it's unrealistic to expect cars/bikes to simply share the road in most contexts, because they're very different vehicles that move at very different speeds. Bikes need their own designated areas where they can travel safely.
This is not about assigning blame, but preventing accidents in the future -- what really matters.
Brian Babylon
6:58 am on Wednesday, September 14, 2011
What really matters is to have a thorough, unbiased, criminal investigation by the Northville Township Police Department. I encourage this publication to have a follow up story in the very near future. There is obviously a lot of interest in justice being carried out and cyclists being safe in Northville Township. Lastly, too many people posting are clearly ignorant of the State of Michigan Laws pertaining to this type of situation and/or are adding nothing of additional value whatsoever.
john
11:07 am on Friday, September 16, 2011
Brian, I fully agree with your first point.
Regarding your last point, it's important to realize that the right to move into the center lane when faced with blockages in the shoulder does not absolve cyclists from the duty to check the lane first, and ensure the lane is clear. Cars have the legal right to use all lanes as well, but if they are moving far slower than other traffic, and suddenly change lanes, they may also be cited for causing an accident. More importantly, they are will be placing themselves in danger.
Again, we don't know what happened here. We only know that it's difficult to see when it's rainy and near dusk, and that the cyclist may have been in the center lane, as stated by the driver. If your point is that drivers shoud be aware that cyclists may at times be forced into the main lane, and have a legal right to be there in emergency situations, I agree. If your point is that cyclists have an absolute right to ride in the main lane on busy roads in low visibility conditions without risk of injury, I think that's simply unrealistic. I also think, as noted, that all legal rights are subject to various qualifications, and that the legality of an various activity is rarely the only important consideration. People have the right to wear flashy jewelry at night in bad neighborhoods, but it's still not a good idea.
Jamie
7:13 am on Wednesday, September 14, 2011
John, well said, thank you!
Angela
8:28 am on Wednesday, September 14, 2011
I am stunned and sicken by this tragedy and reading all of these comments, so sorry for your loss and this is a absolute tragic story. I just moved to Northville from Livonia and I can tell you as a 32 year old women, I feel I have wonderful night vision. In Northville at night there is a significant difference of vision on the road compared to Livonia. Has the city ever considered lighting areas better with street lights? Such tragedies like this could be avoided if we consider asking for more lighting. I have noticed that I have a very hard time seeing at night and I think my vision is great compared to some. Many lives have been ruined on both sides due to death, loss and tragic accidents...could this all be avoided if we had better lighting in our city? Can we ask for our tax dollars to be spent on that? We sure do pay a pretty penny...
M. Ashby
12:35 pm on Wednesday, September 14, 2011
John, I appreciate your honesty and concern for making the roadways safer. That is something our family is also working on. I want you to know however, that shoulder was officially measured by the police at 4'3". Thats huge! Even if he swerved around that very plugged stormdrain, there was still another foot between him and the fog line (the white line onthe right). Jerry did have all the proper safety equipment on his bike and was a very skilled rider, even with a shopping bag on the front center of the handlebars. He was unable to drive, as previously posted, & has been carrying shopping bags this way for years. He's never lost control, ever, & I firmly believe thesituation was no different Friday night. While we are still waiting for the investigation to conclude, I truly believe these kids are at fault. They are truly kids, 18 years old, with minimal driving experience. Jerry had far many more years of driving and biking experience than these kids had combined! Listen VERY closely to the 911 call on fox news....then maybe you will understand why we feel this way. (Hint, the story changes from the beginning of the call, "I don't know what I hit",then as he walks back 1/4 mile to see what he hit, you can hear the realization in his voice when he says "oh my god it was a guy on a bike". He then immediately goes into "cover you ass mode", when he then says "i couldn't help it he was inthe middle of the road". Bullshit!
john
11:33 am on Friday, September 16, 2011
Hey, M. Asbhy. I hope you're doing okay.
4'3" may sound large, but looking at the video, I don't see why we can't widen the shoulders more to further increase cyclist safety.
It sounds like Jerry was in fact a safe cyclist. It's possible the kids weren't paying attention, and I also noticed their age. There's a reason younger people pay higher insurance rates.
I will only say that, upon listening to the 9/11 call, I also realized how traumatic this was for them as well. They're obviously very scared and upset, and I'm sure this will haunt them forever. Remember, they could probably easily have simply kept driving, and never reported this -- the same visibility factors make it unlikely anyone else would've seen them and reported it. They risked civil/criminal liability to call the police, in likely hopes of possibly helping the victim.
Your anger and unhappiness is completely understandable. I guess I always try to put myself in the other person's shoes. I can easily envision many people in this situation simply not seeing a cyclist in front of them in poor weather conditions.
If they were speeding, texting, using a cell, not paying attention -- those are all factors that should be examined. And this is an important reminder to all of us to use more care on the road. Ultimately, they may end up liable for significant compensation, or even jail. Either way, they will suffer from this for a long time. Reasons for us all to be more careful.
Brian Babylon
4:17 pm on Wednesday, September 14, 2011
M. Ashby, thanks for reading my posts. Please let me give you golden advice at this point in time. Hire an attorney as soon as possible. You should be able to retain one on a contingency basis, so there should be no up front costs. In fact there should be little or no costs unless damages are won. Please remember, the police are only investigating this as a criminal case. Irregardless of how that turns out, you may still have a civil case. Either way, hiring an attorney will help you get through the confusion and may help keep the Police Department focused on the task at hand - focusing on the enforcement of laws and investigation on some occasions. Legal interpretation of the law belongs in the hands of the judicial system of government again supporting the point of hiring a good attorney.
Brian Babylon
12:22 am on Thursday, September 15, 2011
M. Ashby, my condolences and good luck to you and your family. Unfortunately, there is an obvious bias favoring the driver of the motor vehicle here.
john
11:17 am on Friday, September 16, 2011
Just to note, there appear to be more people here criticizing the driver than defending him.
My only personal bias is in favor of preventing such accidents in the future. Blaming the driver without adequate evidence does not appear helpful in that regard. I've noticed that most cyclists (my father included) have their own bias in this area that appears to make objective analysis difficult.
M. Ashby
5:41 am on Friday, September 16, 2011
Yeah, we have noticed that as well. But we wont give up. Thanks again for all you've said and done to inform people about the laws & your support of our family. We plan on posting any info we can find out.
M. Ashby
6:50 pm on Friday, September 16, 2011
Hi everyone. We noticed the ghost bike was put up. Thank you so much for honoring our brother. We are on our way now to visit the site & add a picture to the ghost bike.
krdunnam
2:39 pm on Saturday, September 17, 2011
Special thanks to Town & Country Bicycle for donating the used seat.
Jeanne Meadows
9:03 pm on Friday, September 16, 2011
It is one week since my brother was killed. I have been reading everyone's comments and all I can say at this point is, this has been a tragic and I mean a tragic incident for everyone involved. Please pray for everyone involved in this incident. I am the sister of Jerry and we are all so very sadden and still getting over the shock, let's not jump to any conclusions until we have all the evidence and reports. Please pray for everyone. God bless Jerry may he rest in peace.
M. Ashby
1:58 am on Tuesday, September 20, 2011
Just checking in....thanks again so much for the ghost bike. I hope it reminds everyone to be more careful, not just on 7 Mile, but on all roads. I'm not sure what the process is, but once it has to come down, is there a way we can keep it? If there is somewhere we can donate $ so that others having to endure this same tragedy can experience this kind gesture, please let me know. I've done some soul searching and realized, of course we are hurt & angry, no one deserves to die this way, I've also realized these are just kids who also need prayers & support. While I still believe there should be justice for Jerry, I don't want to see a young life ruined. Please extend prayers for Jerry & the boys. Hopefully we can make something good come out of this tragedy to make things safer so this doesn't continue to happen in the future. It would be great to have continued support to make that happen. Special thanks to Nancy for your continued support & effort in telling our story. We'll be in touch soon.
Nancy Kelsey
1:34 pm on Tuesday, October 18, 2011
You're welcome. I'm interested in updating the story with this news from the medical examiner. If your family is willing to comment just let me know. We can also do a profile on Jerry anytime that you're ready. My best to you and your family.
kelli ohare paslawski
11:08 am on Tuesday, September 20, 2011
hi M Ashby, and Matt:) this is kelli (ohare) paslawksi. I grew up in Northville, worked with Matt and jerry back "in the day". I was quite close to Jerry in my younger years, He was a wonderful guy:) Always so nice to me and my mom. I was so sad llast night when i heard he was killed. In fact, i saw when you father in law passed away a while back, i thought it was my friend jerry. I hadnt seen jerry in so long, didnt know he was back in town. Just want to tell you i lost my brother as well and i have lived what you are living. my daughters, same thing, "when is uncle steve coming over". devasting. we are a praying family, so i am faithfully praying for you all. I seen the white bike the other morning before i even knew about the accident . I will be making my way to it. again, so sorry. I was hoping i would see jerry another time, to catch up and share life with him again.
jenny
6:19 pm on Tuesday, September 20, 2011
john, cathy, jeanne, and matt, I'm so sorry to hear the news about your brother jerry! He was a good brother, uncle, and son! I feel so terrible for all of you! You all are in my thoughts and prayers! I am very sorry for your loss! Jenny T
M. Ashby
8:33 pm on Tuesday, October 4, 2011
thanks jen how did you find out
M. Ashby
8:30 pm on Tuesday, October 4, 2011
well i cant talk to my brother but not one min. goes bye and i wonder how things are on the otherside hope its better
M. Ashby
12:27 pm on Thursday, October 13, 2011
I want to update everyone on this situation. We finally got the autopsy/toxicology reports back from WCME. For everyone who tried to blame our brother or said that he was drunk just because he had purchased beer.....you're all wrong. The tox screen was completely negative. Not a drop of alcohol, no drugs, nothing. It just goes to show you, never make assumptions about people! We are now waiting for the Wayne Cty Prosecutors Office to make a final ruling regarding formal charges. As we've stated before, please continue to pray, not just for Jerry, but for the young boys involved.
Teresa Dellies
10:06 am on Monday, October 17, 2011
M.Ashby I just found out about Jerry's tragic death. I am so sorry for all of you. Jerry and I dated back in high school during our Junior year, even went to homecoming together! I have a picture of us somewhere...he had on a pale blue suit with white platform shoes... I'd love to share it with you if you 'd like. My email address is tld2835@hotmail.com.... I noticed you also said you weren't on Facebook but if that is not the case you can also find me there. I also am sorry to hear of the loss of Mr. Ashby too. My prayers are being directed to you and your family for such a tragic loss. Thanks, Teresa (Terri) Lamb Dellies
Nancy Kelsey
1:26 pm on Tuesday, October 25, 2011
We've updated this story: http://patch.com/A-nk81
We'll also run another story tomorrow. Again, my condolences to the family. If you'd like to submit your own comments to be included in the story, feel free to email them to nancy.kelsey@patch.com
M. Ashby
7:25 pm on Sunday, November 27, 2011
still here and still watching
M. Ashby
8:20 pm on Thursday, January 19, 2012
checking in still no more posts
Greg Meadows
6:50 pm on Sunday, February 5, 2012
Nice to know that the person who killed a pedistrian Thursday night 2/2/12 was tested for alcohol but the person who killed my brother wasn't tested, I guess we will never know if alcohol was an issue for the person who killed my brother. Thanks. Oh, but the police said alcohol was a factor for my brother who was the innocent person here, and as it turns out, the autopsy report showed no alcohol or drugs. I think when there is a fatility and someone is killed a drug and alcohol test should be mandatory for the driver so the families of the victim will never have to wonder, and would have an answer to that question of whether alcohol or drugs was an issue. We will never know.
M. Ashby
7:22 pm on Sunday, February 5, 2012
ooooooohhhhhh that one is going to leave a mark mr. werth.
M. Ashby
9:49 pm on Monday, March 26, 2012
checking in again for my peaceof mind since my brother is not here not a day goes
buy that i dont think about him R.I.P JERR. YOUR LITTLE BROTHER.
M. Ashby
9:32 pm on Friday, April 20, 2012
I WILL NEVER FORGET ALL THE GOOD TIMES WE HAD MISS YOU BIG BROTHER
R.I.P. LITTLE BROTHER. XO
M. Ashby
8:56 pm on Tuesday, May 8, 2012
Eight months and counting R.I.P JERRY feels like years.
Tim Kelly
1:59 pm on Tuesday, May 15, 2012
Matt to let you know you are alone! I miss Jerry a lot and I still can't over he's gone! Maybe time would heal faster and better if it hadn't been such a tragic way to go! He's still in our hearts and nothing will take away in our minds the fun times we had together. Please R.I.P. Jerry. Have solace Matt he loved having you as a brother!
M. Ashby
9:14 pm on Sunday, June 10, 2012
Nine months and counting life just seems differant like a void L.B.
M. Ashby
8:48 pm on Tuesday, July 24, 2012
ten months still wait for that call still on the trail .
M. Ashby
10:26 pm on Monday, August 27, 2012
WELL IT IS ABOUT TO BECOME ONE YEAR AND I STILL GO THERE
TO THE SITE AND ASK WHY THE PHONE HAS NEVER GONE OFF WITH YOUR NUMBER MISS YOU AND YOU KNOW THIS L. B.
EBC
10:07 pm on Tuesday, September 4, 2012
http://www.newhopecenter.net/
You're not going to find solace typing in all caps on a webpage.
M. Ashby
7:58 pm on Thursday, September 6, 2012
I was just putting my words down did not noticed the caps were on but no regrets
M. Ashby
9:38 pm on Sunday, September 9, 2012
jerry m ashby 9-9-11 my best friend was hit on his bike and killed it was one year ago today never a day goes buy that i dont think abaout you or the rest of this family
love L.B. 7.27 PM
M. Ashby
5:35 pm on Sunday, October 28, 2012
Just letting all PEOPLE know i still wait for that call love L.B.
M. Ashby
6:49 pm on Sunday, November 18, 2012
STILL here will not forget love L.B.
M. Ashby
8:54 pm on Tuesday, December 25, 2012
merry x-mass jerry love l.b.
M. Ashby
9:15 pm on Monday, January 28, 2013
Drove by your condo today wish you were there love L.B.
M. Ashby
8:45 pm on Wednesday, February 27, 2013
Never stop thinking about you L.B.