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May 27, 2011

Driver whose error left bicyclist in coma fined $220

The Baltimore woman whose driving errors led to a crash that left bicyclist Nathan Krasnopoler in a coma with possibly permanent brain injuries has resolved the traffic charges against her by paying a $220 fine.

Jeannette Marie Walke, 83, pleaded guilty May 11 to negligent driving and failure to yield tight-of-way to a bicyclist in a designated lane. There was no indication in court records that she chose to appear in court. Such charges can be resolved by sending in a standard fine by mail.

Nathan Krasnopoler, a Johns Hopkins University student, collided with Walke's car Feb. 26 when she turned in front of him on University Drive near the Homewood Campus. According to his family, he retains brain stem function but is not expected to regain consciousness. The Krasnopolers have filed a $10 million lawsuit against Walke.

It was unclear why the negligent driving fine was assessed at $140 rather than the $280 allowed under state law for cases involving a crash. Court records erroneously indicate the charges did not result in an accident or personal injury.

 

Posted by Michael Dresser at 10:11 AM | | Comments (33)
Categories: On the roads
        

Comments

Speechless.

Think of that as a down payment. I hope she wasn't planning on leaving anything to her children.

Wow. Rack up a few parking tickets and camera fines and you can pay the same thing and leaving someone in a coma. Can there be a civil suit brought against her?

COMMENT: Yes, and she has had one filed.

I find it difficult to understand why the cops are so opposed to upholding the law.

I feel nothing but contempt for city police.

Why would you feel contempt for the police? They catch people committing crimes and put them before a judge in court. It's the court's responsibility to create a fine/punishment that is correct for the crime taken place.

The police had nothing to do with this matter besides giving her the tickets for the actions she physically took. It is then up to a state prosecutor to go after her for additional charges after the poor kid went into the hospital.

I know some people are raised to hate police, but try to look at it logically.

absolutely ridiculous

This is pretty outrageous! An April 12 article in the Sun states the following: "In the case of negligent driving in a case involving a crash, the fine set by the District Court is $280. The same amount is assessed for violating the 2010 law under which Walke was charged for crossing into a bicycle lane without yielding."

Of course accidents happen, but she should have paid $560 for the two violations, which would still be a minor slap on the wrist considering that there is no expectation that Nathan will have a meaningful recovery. Why were the charges lowered and why does the court record "erroneously indicate the charges did not result in an accident or personal injury"??

I guess we shouldn't be too surprised since the police have demonstrated an unwillingness to treat this accident very seriously from the moment it occurred.

I feel sorry for the person who hit the bicyclist. She'll be in court forever. This could have happened to anyone. Who among us can say they've never in their life accidentally crossed a lane on the road? And bicyclists as a group show nothing but contempt for traffic laws. Let me guess -- the guy wasn't even wearing a helmet.
COMMENT: You guess wrong -- MTD.

It just seems to me that as a whole, deaths and serious injuries involving cars tend to elicit very little, if any, jail time for the driver - even if it can be proven that for whatever reason, they were in the wrong. Whenever a car accident involves a death or serious injury, and the driver is proven to be at fault, I believe that there should be a mandatory jail sentence. I'm sorry and a few dollars just don't cut it. Attention lawmakers spending time providing breaks for illegal students...here's a great worthwhile cause to take up!!!

The Krasnopolers have filed a $10 million lawsuit against Walke.

wonder how they arrived at that $ amount?

sad story all around.

Jeremy, a car is a lethal weapon when used improperly. If you're that bad at driving, your license should be revoked. Driving is a privilege, not a right.

This is sickening!!! I could go on and on about drivers and the lack of respect we as cyclist get on a daily basis!!! We have the same right to road as drivers do and it is required to give us 3 feet!!! DO IT!!! Then of course the total slap on the wrist the drivers get from law makers if we get hit, WHAT B.S.!!! I hope Mr. Krasnopoler's family sues this ladies pants off and she can't afford to drive!!! I wish him and his family the best!!! EVERYONE, think twice before you honk, don't give 3 FEET, or feel a cyclist is holding you up cause if you hit me you better believe I'm gonna take every cent you have!!!

$10 million? You got to be kidding. It was an accident. It's frivolous law suits like this that make life hard for everyone else.

COMMENT: The family could be looking at decades of care in addition to the loss of the young man's company and lifetime earning potential. There are many cases in which seeking $10 million would be frivolous. This doesn't strike me as one of them.-- MTD

I do feel badly for ALL involved. I really don't understand why the byclist's do not have to obey the traffic laws but the vehicle drivers do. Driving home from Downtown every evening I watch the cyclists go thru red lights (drivers do that & get a ticket), cut off drivers who are turning right from the right lane (then if they get hit they want murder charges brought), crossing the lines in every road. I think it's great that the cyclists are saving gas, getting excerise, so forth, but they need to show the SAME resepct they are asking FOR. I was almost run over by a bike downtown while in the pedistrian walkway - I had the light to walk, he should have been stopped at the red light, but instead yelled at all of us "comng thru"! We need to SHARE the road, but from both sides.

To Jeremy: You may believe that "bicyclists as a group show nothing but contempt for traffic laws", but in this case the victim, Nathan Krasnopoler, was wearing a helmet and riding lawfully in a marked bike lane. The driver attempted to enter a driveway by making a turn across the bike lane and into the path of the victim, who was unable to stop his bike in time. The court has recognized that she drove negligently and failed to yield the right of way.

Everyone here is missing the point, there needs to be stricter testing on the elderly to make sure they still have the ability to safely drive. we've all had the blue haired lady almost hit us and not even realize it.

The victim in this case is injured terribly. What would the point be in having an 83 year old woman serve hard jail time? I'm sure she won't be driving anymore. Does she or her insurance carrier have $10 mil? After all the appeals, how much will the family get? Its sad, but the problems are the laws and the penalties. Work with your legislature to change them. But wait, the liquor lobby owns them. So I guess we all have to go on the roads and hope for the best.

I totally agree with Robin. There are "share the road" signs everywhere with little bicycles on them, indicating that drivers must do so. But what about bikers? Granted, some of them do obey the rules, but all too often, they do not, and then blame others when they get hurt. I live in Annapolis and bikers are constantly driving down General's Highway (a highway which reaches speeds of up to 60 MPH sometimes) whipping in and out of traffic and almost causing accidents. They don't stop at lights and basically just do as they please. They also tend to ride waaaay under the speed limit but insist on driving in the middle of the lane so that you have no chance of getting around them.

I do not have contempt for bikers. My boss is an avid biker and I think it seems really fun. I do, however, have issues when bikers act like the rules of the road don't apply to them. This is not to say that the poor student who was hit was at fault by ANY means. This is more of a comment to the people who are saying that drivers need to share the road. Actually, we all do.

I agree with Clint. But I'll go further. Those under 25 and those over 55 should be required to undergo drivers skills testing periodically (say, every time you renew your registration). With that much training before age 25, these drivers should have excellent skills to use during the 30 years before they need to take the seniors' tests. It's really for their own safety in addition to the safety of others.

And on a side note, the use of handheld phones while driving needs to be a PRIMARY offense. I just witnessed a woman in an SUV who was talking on a cell phone proceed through a red light on eastbound Route 40 at Cooks Lane this morning AFTER stopping first. She probably saw the next signal ahead change to green before her own signal, and being distracted as she was, she just took off. Luckily, no-one was approaching on Cooks Lane. Not so lucky for her, there's a red-light camera at that location. So she'll soon get a reminder in the mail to pay attention while she's driving.

What can you say? I am hoping this 83 year old woman has been ordered for re-examination in regard to holding a driver's license. Willing to bet this is not the case!

My gut tells me that 83 year old still has her car and is still ruling the road. The police had to be begged to give the woman a ticket, days later and after intense public pressure. My bicycling life worth has now been reduced to $220. Considering that in the last 2 days I've narrowly avoided getting turned into a pancake by 4 separate drivers who were talking on their cell phones, I get the distinct feeling vehicle drivers have the upper hand when it comes to the law.

I truly think her right to drive should be revoked people of a certian age should have to take mandatory test to many elderly are making grave mistakes behind the wheel

Leon,

The cost of medical care for someone who is seriously impaired can be staggering. Before you deem this law suit frivolous, try to find out what the costs would be for the long-term care of someone in Nathan Krasnopoler's condition.

Negligent homicide deserves a jail sentence and loss of driving privileges. If it had been a gun and a young man, there would be marches, vigils, perhaps even riots. Why is mishandling a ton of steel at 30 or 40 MPH any less a felony?

It was a mistake, but not a crime. She doesn't deserve anything more then a ticket.

I don't think a lot of people are willing to state the obvious, but I will. Riding a bicycle where there are cars and trucks around you going 30 and 40 miles per hour is just plain stupid. Bicycling where there are cars is not just a high risk behavior -- it's idiotic. The fact that it's legal doesn't make it smart. If 2 vehicles collide, there's a good chance both drivers will walk away. If a vehicle hits a bike, there's no way that the bicyclist isn't at least going to the hospital. If we can get public safety messages about not using sunscreen, we ought to do the same for an activity where one accident can you leave you paralyzed or dead.

Jeremy, not everyone can afford a car and car insurance. We all pay taxes and we can all share the road. Vehicle drivers aren't any more special than pedestrians and bicyclists. If you can't drive a car and respect the rights of others then you shouldn't have a license.

I beleive the driver in this case shouldn't even been driving. To be fiar and honest, at the ripe age of 83, anyone would have lost if not half but most of ur reflexes and speed. She indeed commited a crime but she is in no condition to do jail, probation or even community service to fit her crime. Her liscence she be taken and the keys to the car.

10 mil, good luck, they'll be lucky to settle for a mil from the insurance company, and the lawyer will take half of that. She'll end up paying court fees, and lawyer fees. This was an unfortunate accident, but it was an accident, that's why they're called accidents, it wasn't intentional negligence or intent to harm, she wasn't intoxicated and the last time I looked there is no law on the books regarding age limits to drive. I do believe however, after the age of 70, driving reaction tests should be mandatory every 3 years, and written tests for knowledge of new traffice laws. Then again, we let under 50HP mopeds and scooters speed around without a license or helmet or any real restrictions, maybe anyone over the age of 80 should be required to drive custom golf carts, then we'll have to widen the street even more for golf cart lanes. Where will it end? Life in the fast lane!

While its sad anytime there's a accident, I find this bikers can do no wrong thing amusing. Since this story broke I've been paying attention to the bikers as I drive to work every morning. I can honestly say with maybe 1 or 2 exceptions. I haven't seen a SINGLE one obey the traffic laws... There on the sidewalks, they run red lights, they cut in between cars... They have no regard for their own safety but yet expect everyone to watch out for them... I agree with the poster that said the cops aren't doing enough they need to start ticketing the insane number of bikers that can't follow the simplest driving laws...

I am fed up with people who argue that bicyclists have no rights because some run stop signs. News flash: ALL motorists regularly ignore the speed limit. Yes ALL.

Where is the police report for the accident? Has that ever been made public?

Robin, et al: probably the same reason drivers universally break traffic laws. I ride my bike to work daily and rarely make it more than a block before seeing a driver break laws: illegal turning, double-parking (i.e. blocking an entire lane of traffic during rush hour) or running red lights. I'll see all of those within the first mile, not to mention countless minor illegally failing to stop for a pedestrian in the cross walk or using a cell phone.

The difference: when was the last time you heard of someone being seriously injured because a cyclist collided with them? It happens but not multiple times daily as with cars. Drivers have to be held to a high standard because their errors are magnified by thousands of pounds moving at high speed; cyclists and pedestrians are far more nimble and stop much faster, avoiding far more potential accidents, and they're less isolated from road conditions.

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About Michael Dresser
Michael Dresser has been an editor, reporter and columnist with The Sun longer than Baltimore's had a subway. He's covered retailing, telecommunications, state politics and wine. Since 2004, he's been The Sun's transportation writer. He lives in Ellicott City with his wife and travel companion, Cindy.

His Getting There column appears on Mondays. Mike's blog will be a forum for all who are interested in highways, transit and other transportation issues affecting Baltimore, Maryland and the region.
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