News Report of Buzzing Driver Killing Bicyclist in Florida.

Dr. Matthew Burke

BREAKING NEWS: Monday, October 17, 2011, Aiken, South Carolina

The driver who killed cyclist Dr. Matthew Burke pled guilty to felony manslaughter just after 3 p.m. and was sent to jail by an Aiken Circuit Court Judge.

On October 1, 2010, on a straight road in broad daylight in Beech Island, South Carolina, driver Daniel Johnson slammed into Matt and four other cyclists. After 128 days in a coma under life support, Matt was pronounced dead on February 6, 2011.

After months of investigation and legal wrangling, Johnson admitted to his crime this afternoon and pled guilty to felony manslaughter. Johnson was taken immediately into custody and will be sentenced tomorrow, Tuesday, October 18th.

The Burke family is represented by Bike Law’s Peter Wilborn: “Matt Burke’s legacy is that drivers can and should be treated as criminals for killing cyclists. Throughout the country, cycling deaths are regularly dismissed by law enforcement as mere traffic ‘accidents.’ But often they are not accidental, the needless fatalities are tragic consequences of reckless driving and lawless drivers. The driver’s felony conviction here proves to police, policymakers, and drivers to take cycling safety seriously. This case from South Carolina is an example of how to do it right.”

Paul Burke, the cyclist’s brother, stated: “Today’s felony conviction establishes the criminal responsibility of Daniel Johnson for the senseless death of Matthew P. Burke. Dr. Burke was riding legally in a group of fifteen cyclists when he and four other riders were struck from behind by Mr. Johnson on a long, flat straight road in broad daylight. Our family thanks Second Circuit Solicitor Strom Thurmond Jr. and his team for fairly prosecuting this case to achieve a measure of justice. We also gratefully acknowledge the efforts of South Carolina attorney Peter Wilborn in his pursuit of justice for Matt and the cycling community.”

For more information: contact Peter Wilborn at 843-723-9804 or peter@bikelaw.com

If you are in Charleston this weekend, come to the Tour de Tomato on Sunday am. Especially if you are looking for a great ride with kids. Details:

Tour de Tomato – 9AM this Sunday 10/16
Sponsored by EarthFare

Bring out the whole family for this great fun ride/walk! Perfect fall weather is in the forecast!

The off-street ride will start at Earth Fare in South Windermere and travel the length of the West Ashley Greenway and Bikeway. Choose your own distance – since it is an out-and-back you can turn around at any point or go the full 12 miles!

Bicyclists: $20 for Adults. Children 12 and under are free but need adult supervision.
Walkers: $10 for Adults. Children 12 and under are free but need adult supervision.

With registration you will receive:
Great food from Earth Fare post-ride
Beer from Palmetto Brewery post-ride
1 raffle ticket/registration for a Cannondale F9 mountain bike (extra tickets can be purchased at the event)

Register online or at Earth Fare. Day of registration available at the event start.

View the event on Facebook!

All proceeds go to Charleston Moves and our efforts to make Charleston better for pedestrians and bicyclists!

HUGE thanks to Earth Fare for their support of this event!

Charleston Mag published a great piece (written by the amazing Sandy Lang) about the state of bike advocacy in Charleston, featuring some comments from South Carolina Bike Lawyer Peter Wilborn:

“Charleston-based attorney Peter Wilborn is frustrated. The founder of Bikelaw says he’s one of the few attorneys in the country to focus full-time on cases of bicycle accidents, and unfortunately, he’s “swamped with work here.” Cycling collisions are “massively underreported,” he notes, estimating that an average of 15 bicycling-related deaths occur in South Carolina each year. In Charleston, those accidents not only include the widely reported fatalities of Gardner and Hollon, but also equally tragic incidents like the hit-and-run crash last May that resulted in the death of Yury Babenko, a 25-year-old West Ashley man who worked at the Marriott Hotel in Charleston. The driver charged in that accident was reportedly driving under the influence. Wilborn, who lives in Wagener Terrace, says that particularly on the peninsula, “Charleston has the historic proportions and natural advantages to be delightful for bicycling.” But much could still be done to create safer, friendlier conditions, he claims. “It’s not rocket science. It’s about political will.”

Wilborn and other advocates frequently point to Greenville as a regional example of a city that’s outdoing Charleston when it comes to bicycling. “Greenville has positioned itself as the bike capital of South Carolina,” the attorney asserts. “When it comes to bicycling, Greenville is eating Charleston’s sandwich.”

Read article here.

More bicyclist will make the roads safer

How do we get more people to ride their bicycles? By offering more places to safely ride.

Over the last 10 years, the greater Charleston area has begun to invest in the foundation of a community-wide bicycle and pedestrian network, such as bike lanes in North Charleston and downtown connections to the Ravenel Bridge. The death of Dr. Mitch Hollon, however, is a piercing call to speed up the pace. We’ve ridden the James Island Connector hundreds of times, but it is clearly not the right route for all bicyclists, including kids, commuters, and casual cyclists. The community chorus around the Ashley River Crossing keeps building; a diverse group of Charlestonians — led by Charleston Moves — has demanded a safe way across. They have spoken, the politicians have begun to listen, and the time for action is immediate.

Different strokes to make Charleston bike friendly

Wilborn is a fan of a rhetorical tweak that has gained currency in biking circles recently: referring to bike riders as bicyclists, not cyclists. The word “cyclist,” he says, connotes elitism. The image is of a road warrior in a pricy spandex getup. “Bicyclist,” on the other hand, includes anyone who happens to ride a bike, from the hardcore racer to the pokey commuter.

As a cyclist, you are part of a greater community of (greater J )people who have a similar set of interests and values. You should know that as a member of that community you have rights and resources that are meant to help and protect you while you are riding. In the case of an accident here are some things you should know about cycling and the law, and the attorneys who relentlessly work to protect cyclists.

1. First and foremost, cycling attorneys are advocates for all cyclists. That means: commuters, racers, beginners, and advanced riders. If you ride a bicycle for any reason, for pleasure, for transportation, for sport, you should know these attorneys are looking out for your best interests.

 2. Cycling Lawyers will always recommend getting more UM/UIM (Uninsured/Underinsured Motorist Insurance). Every cyclist should increase his or her UM/UIM coverage so if an uninsured or underinsured motorist hits you on your bike you are covered. (talk to your cycling attorney about the laws that apply in each state!)

3. Cycling Lawyers are here to protect you on the road. By going after the texting teenagers or the speeding sports car driver who hits you, you are sending a message to other drivers and also insurance companies. You are saying we aren’t going to take it anymore! Drivers and cyclists need to be mindful, drive carefully, and share the road. We both pay for it with tax dollars and we both need to obey the rules established on the road.

4. Lawyers that specialize in representing cyclists are probably cyclists too—and probably really nice! They understand the joys of cycling and the dangers as well. If you ride a lot, it is probably not a bad idea to get to know one. You may even be lucky and find one to ride with!

5. Did you know you may have rights against a homeowner whose dog bites you or knocks you off your bike? I’m not suggesting you ride around with kibbles and bits in your jersey, (certainly avoid attracting attention of our four-legged friends when cycling if possible), but I’ve heard of a number of people getting bit or crashing to avoid getting bit (then, all-too-often getting bit) without any recourse to the dog’s homeowner. You do have rights!

6. You should know that NC is one of only 4 states that follows the principle of contributory negligence. Meaning, if you are even just 1% at fault in an accident, (yeah, I know) then the driver’s insurance will try to avoid responsibility for your damages. But even if you think this could be your situation, if you are in NC (or any State) and get hit by a motorist, talk with a cycling attorney to see what your options might be.

7. Writing down license plate numbers for drive-by swooshes can be helpful in ID-ing aggressive drivers, (always carry at least a marker with you while cycling). As a community of cyclists if we are able to better police the streets if someone does plow you over when you are on your bike. If this driver has been reported before for erratic driving around cyclist; it makes the case much easier for you and your cyclist attorney. (There is a guy that rides around Charlotte with a video camera mounted on his bike at all times for this reason. Someone is in jail due to his video evidence. Without it, the defendant most likely would have gotten away.) If you are interested in installing a bike camera I recommend you look at getting a cycling camera mount to use with your existing video camera (like a flip) or get a whole new cycling camera system.  You can report aggressive drivers at: http://www.charmeck.org/city/charlotte/Transportation/CDOTrequests/Pages/BicyclistReportonAggressiveDrivers.aspx

Cycling attorneys can be an enormous benefit to you as a rider and you should be aware that you have that resource at your disposal should you need it. Not only are these great lawyers required when an accident happens, they continue to advocate for cyclists and their rights when it comes to the road.

A Quantum Leap Forward

In 2008, the three-year lobbying effort by advocates across South Carolina finally paid off with the passage of reformed bicycle traffic safety laws. According to advocates, this reform launched South Carolina into the modern age of traffic law by allowing bicycles equitable treatment as legitimate users of the road. With the enforcement of this law, the rights and responsibilities of bicycle users in SC are better protected and defined.

Learn more about the Safe Streets Campaign.

Handle With Care

In most settings, bicyclists travel at a slower speed than cars, so motorists will often need to pass a bicycle user to arrive at their destination efficiently and safely. The one concept that motorists need to remember when passing or overtaking a bicycle is to be cautious and to maintain a safe operating distance. This means slowing down as necessary and providing plenty of room to the bicyclist. Never attempt to squeeze past a bicyclist—be patient and wait until the time is right. It’s very simple, really.

View the full list of how to drive tips.