However a careful reading of the news article indicates that the car driver shares responsibility.
The skid marks indicate that the driver was from 7 to 10 miles over the speed limit. Obviously that decreased the driver's ability to stop when a bicyclist pulled in front of them. The driver should have at least been cited for speeding.
The news reports that the officer assessed the driver did not appeared impaired nor smelled of alcohol. Subjective officer assessments of impairment are extremely unreliable and frequently inaccurate. They should be discontinued and replaced with science based breath and blood tests.
The driver apparently immediately contacted an attorney. On advice of the attorney, the driver refused a blood test.
That was the driver's Constitutional right. I have an equal Constitutional right to wonder why.
I hope the family brings a wrongful death suit against the driver.
Wisconsin law is notorious for enabling and shielding impaired drivers. That Wisconsin law allows a driver involved in what was ultimately a fatal accident to refuse a blood test may be another example.
Bicyclists should protect themselves by maintaining a high level of consciousness of the number of inattentive, speeding, and impaired drivers with whom they share the rode.
Wisconsin's implied consent laws should be amended to require blood tests of drivers involved in accidents that cause serious injuries or death.
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Agreed.
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