IBC Concerned with Fatal Crash

Thu May 27 2010
Posted May 28, 2010
7,040

A car has crashed with a bicyclist on 5/26 resulting in the fatality of Alan Peterson near Marathon, Iowa. Reports indicate the crash occured at 8 PM as the vehicle and bicycle were traveling west into the setting sun. This crash is similar to the non-fatal crash in 2001 that resulted in the Iowa Supreme Court case of Vasconz v. Mill. It was argued by the defense that the sun created an emergency and the bicyclist wasn't supposed to be on the road. The court ruling stated that the setting sun is not an emergency - it is a predictable daily occurence. The ruling also said the bicyclist has a statuatory right to ride on the road. Finally, the court concluded that the if the driver cannot see to operate a motor vehicle, they must reduce their speed or stop operating to avoid a collision with other vehicles that are using the roadway - including bicyclists. The Iowa Bicycle Coalition is making contact with the Buena Vista County Attorney to assure that a fair investigation takes place and appropriate traffic charges apply. Our thoughts and prayers are extended to Mr. Peterson's family, students, and friends. I think we all hope that this is the one and only fatal crash of 2010.