70sSanO

This is so sad. The life alternating impact is hard to fathom.

But it is an example of how we have become as a society.

I imagine the vast majority of people drive after drinking, although much less, and don’t consider the hassle of getting a ride home if you drove somewhere. While no where as egregious as this driver, there are still way too many people who believe they can make it home.

And cycling laws are meaningless to the vast majority of drivers. It is not even education, it seems to be a matter of a false perception of personal rights to drive where and how I want. As an example, people rarely stop at signs and lights when they turn right. Take alcohol out of the equation and an upset inpatient driver is still a problem.

The biggest problem is a lack of any compassion. It sure seems more and more people are not concerned about destroying the lives of others and are just concerned about the impact to their own life.

John

Esos1

ok but the drunk guy was trying to pass on the right, and they said the SUV he was trying to pass was straddling both lanes, so doesn’t that mean the drunk guy was partially off road? So how do you bail out if you are lucky enough/alert enough to even notice this?

Troul 

doesnt matter if it was dark out, the "can't wait" attitude is a huge problem across the nation> US drivers have nothing to legally address that type of driving habit with a lesson to make them learn to pay attention & make better decisions.

datlas 

Anyone know if cyclists had blinkies/rear flashers?

50PlusCycling

Had Higgins done this here in Japan, he’d already be serving a life sentence. If you kill a person in Japan while DUI, you get a 15 year minimum sentence; no bail, no pretrial release, no parole or early release. If you kill 2 or more people it becomes a capital offense, with either life in prison, or, if the circumstance are egregious, like running from the police while DUI, a date with the hangman.

50PlusCycling

It doesn’t matter. Passing on the right is illegal in New Jersey, and carries an $85 fine, if you pass on the shoulder, the fine is $140. As a former THI officer, I can tell you that flashing lights tend to attract drunk drivers, and emergency vehicles with their strobes on are constantly hit by drunks. For this reason I never use a flasher or blinker, just a solid red tail lamp.

ericoseveins

Fortunately New Jersey is a comparative negligence jurisdiction, so hopefully the question of lighting won't matter much if at all. I live in a contributory negligence jurisdiction, and I think it sucks. I imagine being Meredith Gaudreau and being told that because my husband didn't have a light on his bicycle, he was solely responsible for his death regardless of the other facts here. It makes no sense.

Roughstuff

well, don’t forget that when there is a car in front of you, especially immediately in front of you you’re awareness of the road is drastically reduced. That is especially the case if it is a large vehicle, such as a truck, or heaven forbid those perfectly square oversized transport trailers that rock concerts and other people use. Even if is clear that you can pass, meaning no one coming towards you in the opposite lane, you have no idea what if anything is in front of the car in front of you. Buses are the worst of all.

As a cyclist, when I see situations like this coming up, I go as far as the right as possible and in fact, sometimes I’ll just pull right off the road and let the mess go by me. It’s called common sense, and it’s also called courtesy, which is in very short supply on the roadway. Motorcyclists have the exact same problem very frequently.

Paul Barnard

And nothing. I was providing more information about the crash.

Duragrouch

I've witnessed road rage. The offending driver, passed the first car, then the next car moved left to straddle the centerline to give clearance to the bikers. The offender interpreted this as trying to block him from passing and tried to then pass on the right, hitting the bikers. Being intoxicated may have fed his impatience, as he claimed in one article, but I think the driver's general mental attitude behind the wheel will be exposed. Some people are aggressive like this all the time, some only when they get behind the wheel. I personally knew a case of the latter.

At the arraignment, the offender verbally expressed surprise that he would be held until the next hearing in a week.

JoeyBike

Humans are imperfect beings at best. Every single one of us. Motorists will never pay 100% attention to laws or the road ahead, and road cyclists will never lose that "it can't happen to me" attitude.

We make our choices and take our chances.

Roughstuff

well, when I say, skedaddle out of the way, I mean you go as far as necessary. It was flat green spot on both sides of the road at that point so if I had to go that far, I’d go that far. You are correct however, in the sense that you can’t anticipate everything in advance. You can just tip the odds in your favor. I guess is the best way of saying it.

Roughstuff

The laws have evolved over the years, as courtesy has become less and less evident on the roadway. Years ago, when you came to an intersection, there wasn’t any sign, the driver coming from the right, had the right of way, and everybody knew that. Then they had to put in yield signs. Then they had to put in stop signs. Then they had to put in traffic lights. then they had to put in signs letting you know that you’re coming to a traffic light.

indyfabz

Saw this morning on the local news that the driver works at drug and alcohol treatment center. Might be “worked” by now.

1989Pre 

In Maine, there are a lot of narrow peninsulas with one main, single-lane, opposing road. The shoulder is much like what is depicted in the Google map of this crash site. I ride as close to the line as I can, and often upon it.
It can mean the difference between being hit square, or being knocked into the bushes with non life-threatening injuries. My observation about this driver (and many similar situations of car/bicycle collisions on straightaways, is that I do not believe it is even possible for a driver to "not see" a bicycle and rider in front of him. I do my best to develop a healthy level of cynicism, and I feel that many of these crimes are intentional, rather than borne-of-neglect or -incompetency.

Yan 

I try my best not to cycle in the evening hours when the drunk drivers are out. That's about the only thing you can do.

Roughstuff

to me, dollar for dollar, the best investment in roadway, safety is a nice full lane width shoulder. It improves the safety profile for every single driver and user of the roadway. It gives you a place to pull off if you have to fix a flat tire in your car or truck. And it gives cyclists the option to completely pull one automobile width off the roadway if necessary, which greatly improves the odds in the case that we are talking about in this forum.

this is not possible in all locations, especially cities and densely populated cities. But that’s simply a statement that some roads are good for Cycling and some are not, just like some good for trucks, and some are not, just like summer good for buses, and not. I think the United States learned decades ago, that two lane roads with the centerline and no shoulder or a very small shoulder, became obsolete long long ago.

dw01

Based on the description of the accident, the vehicle that pulled toward the middle of the road to pass the cyclists obviously saw the bicycles, so the visibility of the bikes is not at issue.

Interestingly, NJ law regarding vehicular homicide was revised last year to expand the penalties. https://law.justia.com/codes/new-jer...ction-2c-11-5/

It is also worth mentioning that the alleged offender is a decorated US Army major, having been awarded the bronze star while in combat with the 82nd airborne division. He also has an MBA and extensive industry experience in the healthcare field. His profile is available on LinkedIn: https://www.linkedin.com/in/sean-higgins-691b4513

My point in posting this information is to show this as a cautionary tale - one with tragic consequences. Mr. Higgins is not some worthless drunk but is a successful businessman and decorated US Army officer. He also apparently did something very, very stupid and incredibly tragic when he got impatient with the other drivers.

Think about this the next time you or a loved one is in a car and start cursing at the slower-moving driver, and the next time you know someone who decide that it is ok to socially drink and then drive home (...but it was only one or two and I feel fine...).

dw01

Wise words, but inattentive and/or distracted SUV drivers are on the roads during the day as well. Sticking to less-traveled rural roads and avoiding rush hours (especially evening) are helpful, but I have yet to find any truly safe options.

Duragrouch

I was visiting in Florida, driving on a two-lane at the speed limit, in a suburb area. A car *blasts* around me on the shoulder. A couple minutes later, someone else uses the center turn lane and continues straddling double-yellow line to do so. I mentioned it to someone local, who said, "Those guys are from ____________ , everyone there drives like that, there's zero traffic enforcement." (I won't mention the name of the location, not wanting to tar the entire population.) I DO want paved shoulders everywhere, with spring-base reflective plastic stanchions as dividers. But still some these days will break the law. Here in my city, I just saw an article today, someone with a very-high-performance car and big presence online, had been ordered by a judge involved with a current case against him, to not drive, and not post online. There's photo proof that he's violated both orders.

1989Pre 

So, we can probably dismiss any forecast of incarceration if found guilty.

GamblerGORD53

Or exile him to Diego Garcia for 5 years.

dw01

I may be wrong, but my reading of the NJ statue on vehicular homicide (referenced above) indicates a mandatory imprisonment, no matter how stellar the offender's life and deeds are.

After all, he was driving drunk (having failed a field sobriety test), driving recklessly, and caused very well-publicized fatalities.

The perpetrator's record of service may, and I repeat may, cause him to get less than the maximum sentence, but even a head of state (PM of Canada) took notice of this tragedy and sent condolences to the family.

But, as we all know, a good (i.e. high-dollar) defense lawyer can make a big difference in the administration of justice.

I-Like-To-Bike

Solid response to a dingy supposition.

I-Like-To-Bike