On June 12, Lincoln Cyclist Jennifer Schmidt rode out to get some birthday miles but instead was hit from behind by the side mirror of a pickup truck while crossing a bridge. Knowledge of what happened began to become known in the usual way; the responding police officer interviewed the driver of the truck and wrote the police report based on that information. The driver was not originally ticketed. Though Jennifer was conscious she was not asked for her version of events. She does have many broken bones and is undergoing multiple surgeries, though the original report listed only “minor injuries”.
This could have been how the case remained, it too often does in motor vehicle v.s. bicycle crashes, but more information and inquiries came forward in the days after the crash. Jennifer was interviewed by LPD two days later for her version of events, the crash report was re-opened, and the original officer was taken off the case and will be given “disciplinary action.” Also, the driver was cited for “failure to yield to a vulnerable road user.” Our new VRU law is being used as it was intended. Nebraska also has a 3 foot passing law. If a cyclist is hit by a mirror, they were obviously not given 3 feet. Jennifer wasn’t using a camera pointing forward or backward on her helmet or bike, (some cyclists do for just this possibility) but she was recording the ride on her gps device.
This provides some interesting data from the moment of impact. First, that her speed suddenly went from 20 to 53.5 mph in the 45mph zone, which I think can be assumed happened at the moment of impact. Second, that the recording of her route backs up her statement that she maintained a straight line, and did not veer to the left on the bridge, as the driver originally stated. If a Vulnerable Road User cannot be passed safely, the motorist must slow down and pass only when it is safe to do so. If a cyclist is in a situation where there is not enough space to be passed safely, a cyclist can legally take the lane until it is safe to be passed. Ever larger trucks and SUVs make sharing the lane more difficult, and blindspots more common and bigger. Not to mention the increase in distracted driving. Motorists must realize that the responsibility they take on by driving vehicles like these can be life-changing, or ending. In the U.S. the mindset seems to have become “might makes right” in regards to the rules of the road. In many other countries, some of which I’ve lived and traveled in, it is the opposite; the responsibility is always on the more dangerous/powerful road user to not harm the more vulnerable road user. Even if the fault is on the VRU, these laws put all the medical costs of the injured party on the more dangerous party. It does color the mindset of road users. I don’t believe we’re at that point here, but it’s an interesting thought experiment.
If you’d like to contribute to Jennifer’s GoFundMe, you can follow the link here: https://www.gofundme.com/f/support-jennifer-schmidts-recovery?attribution_id=sl:3a5917c0-5477-4b55-be93-af44f0a7a840&lang=en_US&ts=1781904005&utm_campaign=man_sharesheet_dash&utm_content=amp20_control&utm_medium=customer&utm_source=copy_link
The information in this blog was provided by former bicyclincoln board member Derek Augustine.