March 2002 | Midwest Biking
What Do We Learn from Murder-by-Car Case?
by Floyd and Tobi Mittleman
It was back in 1999 that Tom McBride was cycling east in the 5300 block of west Washington Boulevard when a driver coming from the south along Lorel Avenue made a right turn onto Washington Boulevard almost hitting him. As a cyclist you may be familiar with this situation. Tom McBride swerved to avoid a collision, banged the hood of the car with his hand and shouted something we can’t repeat here. The driver of the car slowed to let McBride pass. What happened next is something that should never have happened. The driver of the car got angry — it’s called road rage. He accelerated to catch up with McBride and tapped the bike with his car several times. The last tap sent McBride to the pavement and the car rolled over the cyclist and sped away with the bicycle stuck under the car sending sparks into the air. McBride was dead on arrival at the Mount Sinai Hospital. The driver of the car turned himself in the next day, but this was unnecessary since his front license plate was found under McBride’s body.
In November 2001 the case went to trial. The driver of the car was accused of murder in the first-degree — premeditated murder. And in December 2001 the driver was found guilty of first-degree murder. This means that he faces from twenty to sixty years in prison. At this writing the sentence has not been handed out and the post-trial motions have not been made. The police suggest that this is the first car vs. bike murder case in Chicago history. Is there a lesson to be learned from this tragedy?
To answer this question the Chicagoland Bicycle Federation hosted an open discussion on the case featuring three cyclists that have followed the case closely for almost three years — T. C. O’Rourke, Dan Korn, and Jeff Balch. Dave Glowacz, Chicago Department of Transportation/Chicago land Bicycle Federation and author of the book Urban Biker’s Tricks and Tips, was the moderator. What did we conclude from this discussion?
Each of the speakers expressed deep sympathy for the McBride family and showed concern for the driver of the car and his family, too. And everyone recognized that this conviction of murder may send a message to drivers, but all cautioned that it is the cyclist that has the responsibility to "stay out of harm’s way." What went wrong in this case? It is our opinion that McBride put himself in harm’s way by positioning himself in front of the car. We know what you’re thinking — harm’s way should never lead to murder — of course. Yet, as cyclists, you owe it to yourselves to ride defensively at all times.
T. C. O’Rourke emphasized that cyclists should be careful to avoid putting themselves into a bad situation. Dan Korn suggested that this situation represented a case of two-way road rage emphasizing that the cyclist must avoid becoming enraged. Jeff Balch pointed out that drivers have strong rights on the road. Ultimately the police department should begin to enforce the law that recognizes cyclists as rightful users of the roadways in Chicago. We should recognize that the environment is designed for cars and that bicycles are interlopers. The murder conviction in the McBride case illustrates that cars must be recognized as potential weapons. Someone pointed out that on police accident forms there is scant mention of bicycles and that leads to serious imbalance in completing these forms when the accident involves a car and a bicycle. High school driver education courses don’t include enough material concerning the use of roadways along with bicycles.
Dave Glowacz pointed out that the Chicagoland Bicycle Federation and the Illinois Department of Transportation are working on many of these problems. He also handed out a form that he developed for the Chicago Department of Transportation: "Tips For Motorists — Sharing the Road with Bicycle Riders." In addition, there is the free booklet Safe Bicycling in Chicago that was developed by the Chicagoland Bicycle Federation and the City of Chicago. The booklet was conceived and written by Dave Glowacz and is packed with useful information. It’s a must-read for anyone hoping to become comfortable riding in the city. All of this information is available from the Chicagoland Bicycle Federation — call 312-427-3325 or visit their office at 650 S. Clark Street, room 300, in the South Loop.
We can only hope that this tragedy will lead to change. But let’s be realistic, the change will be slow in coming from motorists. Let us hope that cyclists will be quicker to realize that their safety depends upon their good judgment.
We hope we haven’t discouraged you from using your bicycle. As the weather warms up we should see many more bicycles on the roadway. More bicycles on the roadway will carry a strong message to motorists that we belong. So, get out your bike, ride, and stay healthy and safe!
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