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Investigator Finds No Evidence Of Bicycle Accident On Birchwood Pike

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Comments Below: 11

After completing its investigation into an accident involving an SUV and a bicycle, Hamilton County authorities say they found no evidence a trailer hauled by the SUV came in contact with the bike.

Ed Rusk says the back wheel of the trailer struck his bike as the vehicle passed him on Birchwood Pike two weekends ago.  The driver of the SUV state at no point did his vehicle make contact with the cyclist.

According to the accident report, Rusk told the investigating officer "as the vehicle passed him the center beauty ring on the trailer came off and struck him on his left leg and left pedal of his bike.  Mr. Rusk advised later that it wasn't the beauty ring on the tailer that hit him, but the trailer itself hit him.  Mr. Rusk stated that he was able to maintain control of the bicycle without wrecking.  After checking with Mr. Rusk about his condition, he appeared to have no injuries or visible marks on his person or his bicycle."

Rusk says he was cleated into the pedal and his foot took the brunt of the impact.  He adds a witness statement corroborating his story was omitted from the officer's report.  That witness told the investigating officer he was 50 feet behind Rusk at the time of the incident.  Rusk told authorities the witness was 10 feet behind him. 

The investigating officer says due to conflicting statements and a lack of evidence that the trailer made contact with the bike, he found no grounds to prosecute.

Rusk says he plans to pursue the case further.


Cars do not own the road!

According to TCA 55-8-101, a bicycle is a vehicle (read the definition of Bicycle and Vehicle), and roads are constructed for vehicular traffic. Legally, bicyclists have a legal right to be on the road.

Additionally, adult bicycle riders own cars and pay taxes. Child bicycle riders have adult parent(s) who own cars and pay taxes. They own the road as much as any other citizen. They have an ownership right to be on the road.

So far as passing is concerned, TCA 55-8-117, 55-8-119, 55-8-120 outline how a vehicle is to pass and require safety in passing. The situation described in this and other letters violate those laws because the vehicle passing is not doing so safely. Any resulting accident is, or will be, the responsibility of the vehicle driver passing, not the one being passed. That responsibility includes any criminal or civil penalties.

Threatening another vehicle operator on the road is Road Rage.

All this does not mean car drivers who hate bicyclists have no recourse. They should write and call the Metropolitan Planning Organization. The MPO has a plan for bicycle lanes and roads throughout Hamilton County and Chattanooga that has not been implemented. Bicyclists ride the roads because they have no choice. There is nowhere else to ride. Tell the MPO you want more bicycle lanes and roads so bicycle traffic does not have to mix with automobile traffic.


I have to drive Suck Creek

I have to drive Suck Creek Road and mtn daily, weekends included. Bikes are ridden here a lot. Although I have to give it to them for their physical stamina to get up that steep, twisty mtn, I wish they could do it without riding in the middle of the road, two abreast at times. It is impossible to pass them on all the blind curves, and it makes one wonder...is this their intention? Can they keep it to the side and in line? It would make it a lot safer for all that have to travel that mtn. And, while on the topic, I do have to also give them the thanks they deserve for getting out there at regular intervals and cleaning up all the thrown out trash from cars. They do a really good job.


Biking on the road meant for cars...

I think, and correct me if I am wrong, but bike and cars don't mix. The car will win everytime... So, use a little commons sense when riding bikes, motorcycles, etc. It is hard to see something smaller than a car on the road in the first place and especially when they get in your blind spot. I have a father that rides a motorcycle, so I try to be especially "aware" of cyclists. However, I have pulled out in front of one---even though I TRY to watch for them. There is no other explanation other than they are small and are hard to be seen.


"Small and hard to see",

"Small and hard to see", that's your excuse? You are responsible for ALL your actions behind the wheel, not just the ones that make you feel all warm and fuzzy. You say we are hard to see. Really? Wearing all those neon bright colors? That's your excuse? Come on. You don't see us because you take less than a second to look because you are in such a hurry to get where YOU are going that we bikers can just be damned and get out of YOUR way. Share the road. We're NOT going away, and we have as much right to the road as you.


Are you kidding?

Are you kidding me? I drive a motorcycle full-ime so believe me, I'm all about making the 4_wheelers respect the others on the road. This, however, is obviously a case of at the least, the guy was spooked by something that corresponded to the truck w/ trailer passing him, or at the worse this guy is a frustrated money-grabber, I lean towards the latter with how insistant he is with the exaggerations and blatant lies. Perhaps if we actually made him pay all the costs associated with his false report others would not be so quick to jump on that wagon.


You might only "think" you

You might only "think" you got hit in a car. On a bike or a motorcycle, if you get hit, you know it. There were other witnesses as well. Just because one witness says the other witness was 10 feet back, and the one in the back says he was 50 feet back, does not discount their entire story.
This guy is not a lawsuit hungry yahoo. He is the CFO of a major company in town. He doesn't need the money. He needs to feel like he can legally ride with his group without fear of being illegally run over by cars or trucks, with no reprucussions to the drivers.
He is being pleaded with by the cycling community to pursue this case, for all of our sakes.
As a driver of both motorcycles and bicycles, I know from thousands of miles of experience on each the vast differences, and the slight similarities.
Biking is much more challenging, strenuous, and dangerous.


Oh, Boo Hoo Hoo. Is this the

Oh, Boo Hoo Hoo. Is this the same Birchwood Pike that leads to the County dump, where every giant forty-ton garbage truck in the world operates? Guy oughta have his head examined for riding there in the first place.


I believe they usually

I believe they usually examine the head during an autopsy.


I think some of you

I think some of you motorists are forgetting that some of these cyclists also have carry permits. Vehicular assault is a clear justification for self defense. Perhaps some cyclist will have to follow through on that self preservation tactic in order to get the attention and respect of apparently the majority of motorists who don't believe that cyclists should be afforded the respect that the law, and common decency and morality says they are due.


If you want to get away with

If you want to get away with an assault or homicide in this county just make sure that your intended victim is riding on two wheels. Nothing will ever happen to you.


It seems that this guy on

It seems that this guy on the bike is just looking for a lawsuit.If your not hurt quit complaining.If his foot took most of the impact it should at least have a mark or a bruise.


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