Subject: RE: FYI: Tony Serrano Memorial RideAWESOME ride that is well organized and well supported. Coach Chris Andrus and Tony Myers are big supporters of this ride as Tony was one of their athletes before he was tragically killed while riding his bike training for IM Moo. You might remember this incident as the cyclist was actually charged with being at fault (riding too far into the lane). It prompted such an aoutrage that a education ensued to help inform police officers of the law and cyclist rights. Article below: Cyclist charged in road death Police allege misdemeanor violations by victim Serrano's companion
By JOHN GHIRARDINI The Atlanta Journal-Constitution Published on: 01/04/05
Gwinnett police filed charges on Monday against a bicyclist whose riding companion was struck and killed by a car on Peachtree Industrial Boulevard in August.
Cyclist Brian Mock was cited on misdemeanor charges of riding too far into a through lane and not having a red reflector on his bike, said Gwinnett police spokesman Cpl. Dan Huggins.
Anthony Serrano, 35, who was riding with Mock, was struck and killed about 5 a.m. Aug. 26 by a 1987 Honda Prelude driven by Luke Joseph Nicolosi, 19, of Alpharetta. Mock received minor injuries; Nicolosi was unhurt.
According to police investigators, the collision occurred at a part of Peachtree Industrial where two through lanes adjoin a right-turn-only lane.
Serrano was in compliance with road rules, police said.
Mock was at least 5 feet out into the right through lane, police said. When Nicolosi tried to evade Mock, he struck Serrano.
Investigators deemed the collision unavoidable, Huggins said, and did not charge Nicolosi, who was driving within the speed limit. "It was just a tragic accident," Huggins said.
A local bicycle advocate questioned the charges against Mock.
"My concern is a cyclist being wrongfully charged," said Dennis Hoffarth, executive director of the Atlanta Bicycle Campaign.
State law allows cyclists to occupy a lane further to the left than normal if there are unusual circumstances, Hoffarth said. Those include width of the lane and possible hazards on the road.
The Bicycle Campaign intends to meet with Gwinnett police to clarify the department's interpretation of the law, Hoffarth said.
|