The Cycliste Moderne, December 28, 2005

This last week in Salt Lake City, there was a significant court victory for cyclists. On the afternoon of September 14, 2004, Josie Johnson, a graduate student at the University of Utah, was struck from behind and killed by a driver in a Jeep Cherokee as she rode up Big Cottonwood Canyon in Salt Lake. The weather conditions and visibility were perfect and she was struck while riding well to the left of the fog line on the right side of the road.

The case attracted significant attention because of the fact that the driver is Elizabeth DeSeelhorst the owner of Solitude Ski Resort. It took prosecutors more than four months to charge DeSeelhorst with negligent homicide. The delay caused significant concern in the cycling community as to whether officials would aggressively investigate and pursue the matter.

Defense counsel for DeSeelhorst offered a vigorous defense of their client and focused upon her mental capacity at the time of the accident. DeSeelhorst has had a history of minor strokes and seizures and the defense was based upon the theory that she had suffered a stroke like episode that caused her to swerve to the right and strike Johnson.

Clearly, the jury did not believe that defense as evidence was presented that DeSeelhorst was in fact aware at the time of the collision of what she had done. She stopped her vehicle after the collision, she called her husband at Solitude and requested the Solitude emergency medical technicians come to help, and she was aware at the time of possible liability. DeSeelhorst was convicted with negligent homicide and faces up to one year in jail when sentenced in February.

While an unfortunate loss, the conviction is important. Although there have been some significant car v. cyclist accidents in Utah that have resulted in significant injuries and criminal sanctions against drivers, there have also been some high profiled cases where prosecutors in Utah have previously refused to prosecute drivers. Had the DeSeelhorst case not resulted in a conviction, it is possible that it would be unlikely that similar cases would be pursued in the future. Additionally, because of Johnson’s death, the Utah Legislature passed HB49 requiring drivers to give cyclists at least three feet of clearance when passing unless conditions do not permit such clearance. The bill was driven forward by concern over the lack of attention and respect that motorists pay to cyclists.

The case was brought home to me as to the care drivers must take last week as I drove to work. On a foggy, rainy, icy morning, I passed my good friend Steve Hulme on his bike as he rode his bike to work as he has every day since September 1997. Conditions were slick enough that Steve had broken out his beater mountain bike instead of his Cannondale commuter. Steve always wears bright clothes, has excellent bike handling skills and rides generally accident free which is impressive considering he puts in upwards of 6,000 miles a year. As I passed Steve the first time, I could see that the icy conditions were making it difficult for him to stay upright even as he rode in the bike lane. As we proceeded through the next couple of stoplights, he would pass me and I would pass him.

I always try to be cautious when driving to give my fellow cyclists enough clearance for both of us to travel safely. That morning thoughts of the Johnson case were on my mind as I wondered what would happen if my good friend and fellow bike advocate Steve ended up splattered across the front of my SUV. I guarantee that most drivers do not think about these things when conditions are poor.

Cyclists need to remain constantly vigilant in all conditions. There were no adverse conditions other than the driver in Josie Johnson’s death. Just as many accidents occur in good weather as in bad. Sometimes nothing a cyclist can do will keep them from getting hit. So in the words of Sergeant Phil Esterhaus: “Hey, let's be careful out there.”