Comments on: Aaron Fine and Rosie Shatz http://bicycledriving.org/law/aaron-fine-and-rosie-shatz Cycling skills, good roads, public awareness. Wed, 20 Aug 2008 13:17:33 +0000 http://wordpress.org/?v=2.3.3 By: Peter O http://bicycledriving.org/law/aaron-fine-and-rosie-shatz#comment-153 Peter O Mon, 09 Jun 2008 14:09:45 +0000 http://bicycledriving.org/law/aaron-fine-and-rosie-shatz#comment-153 I'm not sure how folks may speculate such about the young girl being in the wrong when you read the following, "He faces charges of motor vehicle homicide, operating a motor vehicle without a license, failure to safely pass a bicyclist and operating at an unsafe speed". I’m not sure how folks may speculate such about the young girl being in the wrong when you read the following, “He faces charges of motor vehicle homicide, operating a motor vehicle without a license, failure to safely pass a bicyclist and operating at an unsafe speed”.

]]> By: David Traub http://bicycledriving.org/law/aaron-fine-and-rosie-shatz#comment-127 David Traub Tue, 27 May 2008 15:13:42 +0000 http://bicycledriving.org/law/aaron-fine-and-rosie-shatz#comment-127 I am the press officer for the Norfolk District Attorney's Office, the agency that prosecuted this case. Your analysis here is based on incorrect initial press statements. The State Police collision reconstruction specialist showed conclusively that the truck and the bicycle were traveling in the same direction. Additionally, the truck was overloaded by several thousand pounds, decreasing the effectiveness of the brakes. And the driver was driving the truck, which required a commercial driver's license, despite having failed the test for that license. Mr. Fine opted for a bench trial (before a judge without a jury) and was found guilty of negligent operation of a motor vehicle and driving without a license. He is due back in Norfolk Superior Court for sentencing June 25. Best regards, David Traub I am the press officer for the Norfolk District Attorney’s Office, the agency that prosecuted this case.
Your analysis here is based on incorrect initial press statements. The State Police collision reconstruction specialist showed conclusively that the truck and the bicycle were traveling in the same direction. Additionally, the truck was overloaded by several thousand pounds, decreasing the effectiveness of the brakes. And the driver was driving the truck, which required a commercial driver’s license, despite having failed the test for that license. Mr. Fine opted for a bench trial (before a judge without a jury) and was found guilty of negligent operation of a motor vehicle and driving without a license. He is due back in Norfolk Superior Court for sentencing June 25.
Best regards,
David Traub

]]> By: SiteAdmin http://bicycledriving.org/law/aaron-fine-and-rosie-shatz#comment-100 SiteAdmin Fri, 16 May 2008 00:21:18 +0000 http://bicycledriving.org/law/aaron-fine-and-rosie-shatz#comment-100 In reply to Patsy: It is very unlikely the driver could have stopped in time. Let's assume he was going 30 mph and the bicyclist was going 10 mph. So they were closing at 40 mph. That's one of the problems with wrong-way riding: the closing speed is the sum of the two speeds, rather than the difference. In addition, it looks from the photo that there may have a been a bend in the road at that spot that may have limited the truck driver's visibility. In reply to Patsy:
It is very unlikely the driver could have stopped in time. Let’s assume he was going 30 mph and the bicyclist was going 10 mph. So they were closing at 40 mph. That’s one of the problems with wrong-way riding: the closing speed is the sum of the two speeds, rather than the difference.
In addition, it looks from the photo that there may have a been a bend in the road at that spot that may have limited the truck driver’s visibility.

]]> By: patsy http://bicycledriving.org/law/aaron-fine-and-rosie-shatz#comment-99 patsy Thu, 15 May 2008 23:44:48 +0000 http://bicycledriving.org/law/aaron-fine-and-rosie-shatz#comment-99 a ten year old child in a panic situation. could the driver possibly also have slowed down to a near stop, or stopped to let the child pass. a ten year old child in a panic situation. could the driver possibly also have slowed down to a near stop, or stopped to let the child pass.

]]> By: SiteAdmin http://bicycledriving.org/law/aaron-fine-and-rosie-shatz#comment-95 SiteAdmin Wed, 14 May 2008 14:44:41 +0000 http://bicycledriving.org/law/aaron-fine-and-rosie-shatz#comment-95 Presumably she moved right because she thought it was the best way to avoid the crash. Neither would have moved at all if she had been on the right side (it was a narrow road, but with plenty of room for a truck and bicycle to pass in opposite directions on opposite sides of the road). No matter what you call the "cause" of the crash, it does not seem to be Officer Fine's negligence. Presumably she moved right because she thought it was the best way to avoid the crash. Neither would have moved at all if she had been on the right side (it was a narrow road, but with plenty of room for a truck and bicycle to pass in opposite directions on opposite sides of the road). No matter what you call the “cause” of the crash, it does not seem to be Officer Fine’s negligence.

]]> By: John Allen http://bicycledriving.org/law/aaron-fine-and-rosie-shatz#comment-94 John Allen Wed, 14 May 2008 14:35:25 +0000 http://bicycledriving.org/law/aaron-fine-and-rosie-shatz#comment-94 As the crash was described in the media and as photos suggest, Rosie Shatz's swerving out into the road caused the crash. If she had stayed at the side of the road, even though she was riding on the left side, Fine would have passed her safely. That is, to be sure, assuming that the description of the crash is accurate. The lateral position of the point of impact on the roadway is the crucial issue. Perhaps the police report casts further light on this issue. Unfortunately, we can never hear Shatz's description of what she did, or why. As the crash was described in the media and as photos suggest, Rosie Shatz’s swerving out into the road caused the crash. If she had stayed at the side of the road, even though she was riding on the left side, Fine would have passed her safely.

That is, to be sure, assuming that the description of the crash is accurate. The lateral position of the point of impact on the roadway is the crucial issue. Perhaps the police report casts further light on this issue.
Unfortunately, we can never hear Shatz’s description of what she did, or why.

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