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Michael A Schafer
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11/17/2008
Michael A Schafer
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Bicyclist Killed on Jefferson County Kentucky Road

It has been reported that 42-year-old Vance Kokojan of Louisville, KY was killed as he was riding his bike to work on the morning of July 17th. The accident happened on Outer Loop in the westbound lanes near Minors Lane. It was reported that a Honda which had been following a tractor-trailer attempted to pass the tractor-trailor by pulling into the right hand lane. At that point the Honda hit Kokojan from behind. Mr. Kokojan died at the scene as a result of mulitple blunt force injuries.

No charges have been filed against the driver of the Honda. Under state law the police are limited in traffic accident and other crimes to bringing misdemeanor charges only when they actually witness the accident or crime. Charges can be brought by the police in cases were the accident or crime was not witnessed by them but the investigation shows that a felony has been committed. A case can also be presented to the Jefferson County Grand Jury for consideration as to whether an indictment is warranted. Additionally, if an investigation shows a driver‘s behavior is indifferent or wanton the case could be presented to the Commonwealth's Attorney's Office for potential criminal charges.

There are several state and local regulations outlining the responsibilities of bicyclists as well as motorists responsibilities toward bicyclist. For a list of these regulationsgo to www.louisvilleky.gov/BikeLouisville/bike_laws.
Some of the rules as they relate to the bicyclist include:

 

  • using a front and rear light when riding at night or in low light conditions,
  • using a horn or shouting when approaching a pederstian or another bicycle,
  • bicyclist may not carry more than the number the bike was designed for,
  • bicyclists may not attach themselves to another vehicle,
  • if a bike lane is available it must be used by the bicyclist.

For motorist some of the rules are:


 

  • when passing a bicyclist they must make sure the right lane is free of any obstruction that may force the rider to the left,
  • a driver should only pass a bicyclist when there is at least three feet between your vehicle and the cyclist.

The Kentucky State Police have included in their driving manual a section on bicycle laws as well, www.kentuckystatepolice.org/pdf/2006_ky_drivers_manual.pdf. On pages 64 to 66 the manual outlines rules for bicyclists as well as motorists concerning bicyclists. The gist of these rules is that bicyclists are considered vehicles, therefore, they have the same rules and regualtions, as well as responsibilities, as motorist. At the same time they have the same rights as motorists, therefore, as drivers we have to be aware and respectful of their rights.

As an avid bicyclist I am adamant about following these rules and laws. Both the the bicyclist and the motorist should be aware of the other and pay attention to the others presence. When the laws are not respected and followed the consequences can be tragic. follw the rules of the road to ahelp avoid bike accidents.

For more information on Louisville, Ky attorney mike Schafer go to www.mikeschaferlaw.com



Category: Wrongful Death and Fatal Accidents


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