Heavy
Folks, that is a photograph of seven year old Kylie Bruehler. She is at a funeral service to bury her parents, both of whom were killed last week when a driver veered onto the shoulder and drove his pickup truck into them.
They were riding together on a tandem.
The local news reports that “investigators say there are no charges on the driver. They believe this was an accident and that somehow the driver lost control of his truck.”
Texas’s governor recently vetoed a law that would mandate a safe passing distance for cyclists, saying it was unnecessary.
Photo: Tom Reel, San Antonio Express News.
–Erik Ryberg
October 8th, 2009 at 1:55 pm
Holy moly man, what a bummer. I have posted this on my twitter account @halfacat for people to take pause with.
Man what an image…
October 8th, 2009 at 3:31 pm
“Texas’s governor recently vetoed a law that would mandate a safe passing distance for cyclists, saying it was unnecessary.”
Fat lot of good *ours* does.
October 8th, 2009 at 3:40 pm
[...] asks if California will become America’s first failed state. Finally, this may just be the most heartbreaking photo I’ve ever seen. Possibly related posts: (automatically generated)So here’s the [...]
October 8th, 2009 at 5:04 pm
“Texas’s governor recently vetoed a law that would mandate a safe passing distance for cyclists, saying it was unnecessary.”
Governor also stands watching autogenocide.
October 8th, 2009 at 7:14 pm
[...] from Tucson Bike Lawyer: Folks, that is a photograph of seven year old Kylie Bruehler. She is at a funeral service to bury [...]
October 8th, 2009 at 8:11 pm
this sucks! my love goes out to her
October 8th, 2009 at 9:03 pm
Wow. I am in shock that yet another vehicle accident has taken the lives of two cyclists. I am hoping that the sudden veering of the truck was due to avoiding a head on collision or something equally important that could possibly be “reasonable” cause not to avoid the two riders. My thoughts to all, including the driver, in this horrible event. Please, can we just get 3′ Mr. Governor?
October 8th, 2009 at 9:10 pm
President of Yuma Bike Club, Doug Flynn, killed by a motorist while riding with his club at dawn in rural Yuma County two weeks ago. Left behind 2 daughters, 7 & 9 and a son, 6 weeks old.
October 8th, 2009 at 9:16 pm
Video footage here:
http://www.woai.com/news/local/story/Hundreds-gather-to-honor-couple-killled-in/2s6ea5GaHkSF6-Qv4hl6Ug.cspx
October 8th, 2009 at 10:31 pm
This breaks my heart. Not a day goes by that I do not think about my dad, or the girl who hit and ran him over while under the influence of drugs. I have yet to find the courage to ride my bicycle since his death. My heart goes out to this little girl who lost both parents at such a young age.
October 8th, 2009 at 11:34 pm
that is beyond heartbreaking…
October 9th, 2009 at 12:01 am
This breaks my heart too. I keep reading stories over and over that are so tragic. The greater tragedy is that Kylie is not alone. I wish this insanity could end.
and PLEASE can we stop calling these ‘accidents’ when a person veering ‘illegally’ into the shoulder is simple recklessness.
October 9th, 2009 at 9:23 am
My Governor, Mr. Perry, did the right thing by vetoing the monstrosity SB488. That horrible piece of legislation would have eroded hard won liberties now enjoyed by Texas cyclists while failing improving highway safety.
Just as in the case at hand, this killer violated not less than five statutes in the Texas Transportation Code, (and that is just from descriptions of the tragedy in press reports!)yet the police refuse to enforce the law. Having another law like a three foot rule would change this?
The problem is not a lack of statutes, it is a failure of police, district attorneys and judges who are failing to do their duty to uphold the law.
What the cyclists in Texas need is better advocates- ones who are determined to deal with the real problem, not feel good but useless legislation.
October 9th, 2009 at 9:32 am
Poor little girl! Bicycling should not be deadly.
Was driver texting? My guess is YES, and I suspect texting (and cell phone use in general) are involved with far more veering off the road incidents then drugs or alcohol, and yet our government and society turns a complete blind eye on the problem, and the death toll climbs. Accident my ass, it’s vehicular manslaughter.
October 9th, 2009 at 9:40 am
Yep, trucks now days have a mind of their own. When drivers are sober, concentrated or driving at the speed limit they don’t like it and they tend to act as they please. BS, you don’t just loose control of a truck just like that, now this girls lost her parents for him being an idiot.
October 9th, 2009 at 9:40 am
I am sorry and feel for the child. As far as Rick Perry vetoing a law as I’m an avid cyclist and Texas resident, I don’t believe he’ll get my vote.
October 9th, 2009 at 10:08 am
A few years ago we stopped at a Texas tourist center and asked about bicycle riding in the state. Response from a burly Texan wearing his cowboy hat: “We don’t do that kind of stuff around here!” What a first impression! Texas needs to get the message that bicycles have the right to share the road SAFELY. The governor of Texas, the home of Lance Armstrong, as well as those responsible for calling just an accident, deserve to have this tragic event on their consciences.
October 9th, 2009 at 10:25 am
Truly sadden by this story as a parent of 4 with one on the way the thought of this is always at the back of my mind when my wife or I are out on the road. Please everyone be careful when you drive and pay attention to the road and your surroundings.
October 9th, 2009 at 11:42 am
Can someone who is more savvy with the law than I am tell me why “vehicular manslaughter” was not applied in this case? Is it typical that there are no charges filed in fatal collisions like this where two automobiles are involved?
October 9th, 2009 at 11:52 am
You just got linked by urbanvelo for this.
October 9th, 2009 at 1:19 pm
that photo will haunt me for a long time.
October 9th, 2009 at 1:25 pm
I second Alison’s sentiment. That image will haunt me for a long time.
Jesus Christ… I’m speechless.
October 9th, 2009 at 1:42 pm
I’ve been stewing about this for a few minutes… No charges? I want this guy’s cell phone record. I went to know if was engaged in 1) as cell phone call when the accident occurred, or 2) if he was sending or receiving test messages at the time of the accident. I want his driving record. I want his criminal record. I want to see where he came from prior to the accident. I want to know where he was doing when the accident occurred. I want a full inventory search of the vehicle (if it has been impounded). If it has not been impounded, I want a reasonable suspicion (blood shot eyes, slurred speech, and evasive conduct) and a full vehicle search. I want the same reasonable suspicion and a pat down of the driver (See Terry v. Ohio). I want ever lump in his pockets investigated full and completely. I want his wallet and cigarette pack emptied on the street. I want this man charged, I want this man convicted and I want this man imprisoned.
That is what I want. And nothing short of that will ever satisfy me.
October 9th, 2009 at 1:46 pm
Note to self, type angry means type badly. Sorry for all the typos, folks. I should have proof read that before posting it.
October 9th, 2009 at 2:01 pm
This is as sad as it gets in the USA.
Someone loses thier family forever, the murderer gets nothing. Perfect just perfect. TX and PA have alot in common then, poor rights and lanes for bikes.
What it boils down to is if there is no money to be made in the law, no old ass law maker will give it the time of day.
I’m sorry for the girl, but you don’t mean anything to the law makers.
October 9th, 2009 at 2:55 pm
You think a truck driver knows how to text?
This image is just so sad words can’t describe it.
Thank you, Tom Reel, for taking this photo.
October 9th, 2009 at 4:05 pm
Big Jonny, driving while texting or using a cellphone is not against the law in TX, so no reason to subpoena the records. Apparently it’s OK to kill people so long as you do it to cyclists with a motor vehicle. Shooting cyclists is still frowned upon for the moment. Right Chip Seal?
October 9th, 2009 at 4:07 pm
Wrongful Death anyone?
Should be criminal involuntary manslaughter at a minimum.
October 9th, 2009 at 4:18 pm
Seems to me that driving onto the shoulder and hitting and killing someone is evidence enough of negligence. Adding in cell phone use or texting might make it more of a willful offence, but I think getting in a car to drive means assuming the responsibility of behaving up to a reasonable standard like keeping the car on the road and not killing anyone with it.
October 9th, 2009 at 4:49 pm
Hey ChipSeal, I just read through the text of the SB488 – while it’s easy to see how this bill doesn’t really do anything that giving bicycles the same legal consideration as other vehicles would do, it’s not entirely clear what would’ve been taken away by it’s passage. Not that I believe useless laws should pass just for the symbolism or to “send a message” – like I said above, fat lot of good *our* 3 ft law has done for us – I just want to hear what you’ve got about the potential unintended consequences.
October 9th, 2009 at 5:03 pm
Two things. If I were to rear end a car would I not be charged. No citation is BS. Second, having a citation, correct me if I’m wrong, could make it easier to prosecute for civil damages.
October 9th, 2009 at 5:31 pm
Actually Ralph, I got rear-ended on a motorcycle in Vegas while waiting at a red light. The driver of the car that hit me freely admitted to me, witnesses, and the responding officer, that he had been out drinking all night and had nodded off at the wheel. I got a couple of broken bones from being punted 90 ft through the intersection and my $17,000 BMW was totaled. For some reason I’ve never figured out he was charged only with failing to keep his address updated on his license.
October 9th, 2009 at 7:49 pm
Scott, it was along hard fight in Texas to secure the title of vehicle in the transportation code for bicycles. SB488, besides being redundant in every point to things already in the code, it grouped operators of bicycles with pedestrians. This would have seriously eroded Texas cyclist’s liberties going forward.
A short but ugly history of the legislative process for this bill can be found here: http://velociped.kempiweb.net/ntvc/2009/06/safe-passing/
October 9th, 2009 at 8:22 pm
Sometimes I feel like this blog is really just an instruction manual for murdering cyclists. “So easy a caveman could do it”
October 9th, 2009 at 8:38 pm
I’m a mother of two young children (2 and 6) from a long line of cyclists, with a cyclist for a husband, and many more friends and relatives who ride. My husband and I own a bike shop in one of the cycling-friendliest cities in the nation, Bend Oregon; yet we still get the occasional idiot who is either drunk or otherwise distracted. This story is absolutely, gut-wrenchingly sickening and God only knows what kind of hell the driver is going to have to live with for the rest of his life – especially since it’s apparant no-one is making him accountable. I only hope it makes other drivers think twice about what else they do while at the wheel. I know I have.
October 10th, 2009 at 5:46 am
If somebody lets their attention wander to the point where they cannot control their motor vehicle, it should be deemed, at the very least, careless driving and more appropriately reckless. If the driver had struck a parked car with some people in it on the side of the road, you can bet he would have been charged. The driver should be made to look at this photo every day for the rest of his life.
October 10th, 2009 at 1:11 pm
Making the argument for “reckless driving” or a similar offense really misses the crux of the issue. It’s almost impossible it seems to charge a driver involved in a fatal accident with even such trivial charges as enforcing the 3 foot rule and reckless driving. Even if that were not the case it’s still essentially a slap on the wrist. The driver pays $150 or so and then goes on their way. Unless the driver is proved to be drunk at the time, there is pretty much no way to remove that person’s license, regardless of the situation or the number of fatalities. For me it’s pretty simple, if you take someone’s life, you should lose your license. If you fail to pay your car registration, they take expire your license. If they can do that for failing to pay $300, why is it so difficult to do when they take a life?
October 10th, 2009 at 1:22 pm
Here’s a post from the comments section of the WOAI story:
“My husband was one if the first people at the scene. He is an experienced EMT but was actually doing is full time job within 100 yards of the accident. Their was no curve where the accident occurred. The truck driver was looking to left at a fire truck that had passed by and when he looked back the bike was in front of him, his truck had veered to the shoulder of the road. He was driving over the speed limit and had very little time to react. My husband said it sound like a shotgun explosion, he went and checked on both riders. The women he believes died on impact and the gentlemen was still alive but barely. They called 911 and asked for life flight and flagged the fire truck down. This was a horrible accident and the truck driver was not on his cell phone and was extremely distraught at what he had done. My husband will have nightmares for awhile and is saddened by the fact they leave behind a 7 year old. Please pray for this family and everyone that was involved in the terrible tragedy. ”
It would appear that the driver was distracted by a fire truck that passed him at full highway speed? He’ll be held accountable in Civil court, for sure….
October 10th, 2009 at 5:40 pm
Found this link on bikeportland.org….
Does anyone know if a fund has been set up for the daughter. I’d love to be able to help this little girl any way I can.
October 10th, 2009 at 6:53 pm
Have you ever wanted to just kill someone? Drive around town sober, find a bicyclist and strike him dead. Stay at the scene and claim to have been distracted. You’ll sleep in your own bed that night.
October 10th, 2009 at 10:31 pm
That might be the photograph that finally puts a human face to all the tragedies that have befallen so many people.
The look on her face defines sorrow.
October 11th, 2009 at 9:35 am
As a tandem rider with my husband, and a mother, this makes me sad beyond belief.
October 11th, 2009 at 7:09 pm
I can’t speak to the legislative arguments (one way or the other) about Chipseal’s commenta above, but I do find it easy to easy to agree with him on one thing — this is a problem of enforcement. Texas police, police everywhere, need to be ready to enforce the traffic laws AS THEY EXIST TODAY. We don’t need more laws. We need enforcement.
October 12th, 2009 at 6:21 am
[...] iamtedking: Beyond unfair. Words can’t even attempt to do justice here: http://www.tucsonbikel... [...]
October 12th, 2009 at 6:23 am
[...] the Asshat of the Weak early this week. It will be hard to find a bigger dipshit this week than this guy. Or any week for that [...]
October 12th, 2009 at 7:49 am
[...] Link to post where I found the photo and the info. [...]
October 12th, 2009 at 8:50 am
“They (investigators) believe this was an accident and that somehow the driver lost control of his truck.”
I don’t understand this. Isn’t “losing control” by definition not an accident? Shouldn’t that be “failed to yield right of way” or reckless driving at the very least? If that driver isn’t charged with a crime, then shame on the police and the prosecutors.
October 12th, 2009 at 9:21 am
I really don’t know what to say. I hope the driver sees this photo….
October 12th, 2009 at 10:22 am
[...] So, I read about these amazing people doing some pretty brave (starting a business) things in a way that I truly admire. And I think how fantastic that would be to cart my business around in a cargo bike, enjoying the weather and serving products I really believe in. And so I gloss over the fact that my mom probably could not ride her bike three blocks to the grocery store without getting hit by a car. I tuck memories of ghost bikes and other stories of injuries in the back of my mind and wonder if it is really possible that we could move in a direction where you can not only ride your bike but ride in a safe enough environment to conduct business. I hadn’t intended for this post to end on a downer but this story has stayed with me of a couple run over in Helotes (near San Antonio where I am from ) http://www.tucsonbikelawyer.com/heavy/ [...]
October 12th, 2009 at 11:42 am
[...] from Erik Ryberg of TusconBikeLawyer: Folks, that is a photograph of seven year old Kylie Bruehler. She is at a funeral service to bury [...]
October 12th, 2009 at 1:33 pm
The non-bicycling popular response to this is sickening as always. I did post this on a few forums I visit, though, and the worst response I got back was a page long rant about how they were selfish for bicycling when they had a child at home, blah blah blah.
What is wrong with our culture? What is wrong with people? You can enforce existing laws all you want but until you change what’s wrong with people I’m afraid this will just keep on happening.
October 13th, 2009 at 7:19 am
I have been riding road bikes for 24 years, and after seeing that picture, I just officially retired. My wife and I are expecting our first baby at the end of November, and I never ever ever want to have that look on my kid’s face. Mountain biking will be enough for me from now on. At least if something happens to me then, it will have been my own fault.
October 13th, 2009 at 7:30 am
Riding bikes on roads with cars is not worth the risk! I’m an avid mountain biker but have recently stopped bike commuting to work and now put my mountain bike on top of my car and DRIVE it to the trailhead about 2 miles away. No, it’s not fair and I wish drivers would pay attention and believe we deserve to have a safe environment to bike in but THAT IS NOT REALITY PEOPLE! Bikes and cars don’t mix. Period. Never have and never will no matter what kind of laws are enacted. My heart goes out to this little girl and her dead parents. So tragic, so sad.
October 13th, 2009 at 8:07 am
When my brother lost control of his car and hit a fence he got charged with reckless driving. Aren’t two human beings worth more than a fence?
October 13th, 2009 at 11:12 am
If it wasn’t an accident, then it was pre-meditated. Despite being called an accident, losing control of one’s vehicle is generally a ticketable offense. As several people have mentioned, if the driver lost control of his truck, he was clearly doing something he shouldn’t have been doing while driving. Unless there was some mechanical malfunction, the truck just didn’t veer off the road on its own accord. In any case, this picture is simply heartbreaking.
October 13th, 2009 at 12:28 pm
We are so over-sensitized to images in this culture
that just seeing this picture makes us feel less safe
and act as if reality has changed somehow. The sadness
is well represented, but the fact is riders are no more
or less safe than before. The cyclists had every right to
do what they were doing; the killer was not living up to
the responsibility he supposedly signed-on for when getting
his license. Instead of giving up cycling over this image,
inundate the legislators and prosecutors with this image.
Change will not happen until they feel what we feel from
this image.
October 13th, 2009 at 4:08 pm
I’ve resisted commenting on the article, perhaps because I’ve got a little girl of my own on the way. But I think Coghauler has the right idea.
Giving up something we love is not the solution. Changing the way people view cyclist and how the laws are enforced is the answer. Don’t give up!
October 14th, 2009 at 2:30 am
17,853 people (unique visits) looked at this particular page in the last 5 days. From the general mood (tweets, facebook, reddit, etc) it seems to be out of sadness, compassion, and general disbelief in this tragedy. Why, are we still not able to obtain equal rights in the eyes of society and the law?
And I would like to point out, that although cyclist fatalities are often not punished to the full extent of the law. I still believe it is no more potentially fatal to ride a bike for transportation than drive a car. It’s still my mode of transportation and sport of choice.
October 14th, 2009 at 9:56 am
(Emiliano handles my webpage technical stuff, and that’s how he knows this).
The number of visits is a reflection of the power of that photograph and of young Kylie’s horrible loss. If copyright issues can be resolved, I hope this photo becomes an icon of our efforts to promote bike safety. I can see many, many uses of this photo to help us protect bicyclists, and the fact that 17,000 people came to my little website to view it suggests it might work.
It would not be the first time a photograph turned around the public mood.
October 14th, 2009 at 1:12 pm
Another item worth mentioning is that in Europe (and probably other bicycle-friendly countries) the design is to have strong barriers separating the bicycles from vehicles. In the US, so far I have mostly seen a simple three foot wide path that can be sideswiped by cars on the left, or suddenly blocked by opening car doors on the right the intrude into the bike lane. This also needs to change.
October 14th, 2009 at 2:28 pm
There is an existential sadness to that little girl’s face. While most of the comments reflect some desire for revenge, disbelief in the circumstances, or anger at the inability to cycle, none really, in my opinion, really represent the primal fear that this little girl really feels in losing both parents. It’s not just a matter of no Baskin-Robbins on Sunday.
She now knows she’s part of the food chain, and not in a good way. Quite literally, heaven help her.
October 14th, 2009 at 2:45 pm
Thank you so much for following this. I have been hit several times by impatient and uneducated drivers. Please pass this on and make it known that there are laws in some states and that other states still need safe passing distance laws.
October 14th, 2009 at 7:19 pm
I am currently car-free and ride my bike daily. When I still drove, I fell asleep at the wheel a few years ago and barely escaped death (missed oncoming dump truck, trees, utility poles). All I hit were a couple mailboxes, but still got a ticket for either careless or reckless driving (whatever the minor one is). I can’t believe that this guy didn’t get something. I know I that if I had killed someone, I would have deserved something more than a minor ticket for what really was incredibly reckless behavior (driving after an all nighter). Yes, he may not have meant to veer into the bike lane, but he did. Involuntary manslaughter exists for a reason.
October 14th, 2009 at 7:21 pm
A friend sent me this today, and I’ve come back several times to view it again. I can’t get the image out of my head. As a father and as a cyclist, I am deeply moved by the look on her face as she is surrounded by the cycling community.
Sending prayers her way from my house to hers.
October 14th, 2009 at 8:19 pm
I don’t want revenge. Not being familiar with the statute vetoes by Governor Perry, I can’t speak to it. And I’m not sufficiently familiar with the case to understand why the driver faces no charges. That doesn’t seem just.
But I do know we need wider, better marked bike lanes, with noisemakers to let a sleepy or distracted driver know they’ve left the automotive road service. And I know that little girl needs something we can’t give back to her.
October 15th, 2009 at 2:29 pm
Erik, I think you are right, this child could be the poster child for bike riders all across America. Her face brings tears to my eyes. And today after a long though out premeditated ceremony, I went out for one last ride. I joined “GYPSY”, I have retired from road riding after 30 years of riding on Tucson streets. For me , the frustration is just too much. I’ll dust off the mountain bike and dodge cactus and rocks instead. Good luck you guys and be careful.
October 15th, 2009 at 7:38 pm
[...] from The Tucson Bike Lawyer: Folks, that is a photograph of seven year old Kylie Bruehler. She is at a funeral service to bury [...]
October 16th, 2009 at 7:25 am
[...] Tom Reel/Express-News via Tuscon Bike Lawyer [...]
October 16th, 2009 at 7:53 am
[...] Tom Reel/Express-News via Tuscon Bike Lawyer [...]
October 16th, 2009 at 9:58 am
[...] Tom Reel/Express-News via Tuscon Bike Lawyer [...]
October 16th, 2009 at 12:57 pm
Unfortunately, the only two people who can speak to the truth of the ruling are not here to do so. I am sick to death of cars running me off the rode or gunning their engines as they drive by. I ride a recumbent which makes me even more of a target.
October 17th, 2009 at 1:46 am
[...] Tom Reel/Express-News via Tuscon Bike Lawyer [...]
October 26th, 2009 at 7:54 pm
In our area we lost Carlos Serrano in August 2009 to a careless driver. Carlos was a local businessman who gave tons of time to good causes and was training for an IronMan. In September 2008 we lost a local college student, Sarah Chapman, one block from campus. Sarah was one of those ray of sunshine folks who lit up a room when she entered and was super fun to be around.
In both cases the drivers admitted they were distracted doing something with their cell phones. In both cases, no charges were filed.
November 4th, 2009 at 2:58 pm
Awful.
:O(
That could quite easily be my daughter.
November 4th, 2009 at 3:36 pm
[...] about the post can be found here, dated 8th October, but only seemed to be doing the rounds on Twitter right about [...]
July 29th, 2010 at 12:43 am
[...] Via Tuscon Bike Lawyer. Share Campaigns cyclist killed, Rida down, tragedy LABMP: Bicycle Advisory Committee unanimously demands deadline extension (4/100) Santa Monica adds 6 bike racks per year [...]
March 1st, 2011 at 8:19 pm
[...] cyclist in an orange bunny suit driving a pedicab. Don’t be the guy who ran down this little girl’s parents. If you can’t see, reduce speed, even to the point of stopping. And don’t just look [...]
July 22nd, 2011 at 1:07 pm
How dreadful…