Back in either 2004 or 2005, during my early days with ABATE of CA there was a court case out of Folsom Ca; a cage driver struck a motorcycle head on killing both rider and passenger; they were each twenty years old. I was working in the insurance industry back then and since my office was in Folsom, I had some interest in this case. The driver was charged with three felonies; DUI (drugs) and two vehicular manslaughters. The court case went on for some time and had the interest of the local news stations. At the end of deliberations the judge dismissed the DUI and reduced the vehicular manslaughter charges to a simple Right of Way (ROW) violation, at that time a $100 fine. As the court room was emptying, one of the mothers of the victims was walking out, clutching her husband and burying her face into his chest. At that moment a news reporter ran up, stuck a microphone in her face and asked her what she thought of the verdict.
I had an epiphany; how could this be? How is this justice? In speaking with a close attorney friend he told me, in California (and probably elsewhere) the courts start off as though the motorcyclist is at fault for their own death/injury. The argument is, had you been in a car you most likely would have survived or not have been seriously injured.
In discussing this with the ABATE board it appears many had lost friends due to ROW violations. Something had to be done, so ABATE of CA took on the challenge of increasing fines/penalties for killing someone due to a Right of Way violation. Board member Jean Hughes led this challenge and lobbyist Jim Lombardo acquired support for our proposed bill; SB 1021 (2006). For those of you who have never worked on getting bills through the legislature, it is a hell of a lot of work. Senator Debra Bowen agreed to sponsor the bill.
The ABATE bill wanted increased penalties and fines for a death due to a ROW violation. Remember, at that time the MAXIMUM fine was $100 for killing someone. What ABATE asked for was a $1,000 fine and a point and a half added to a driving record for KILLING someone. Unfortunately the Teamsters Union came in and flexed their muscle; no points and the base fine was increased to $154. See attached letter.
An example of bikers helping bikers; July 17 2006 Tamara Wilson crossed over the center divide striking and killing motorcyclist Greg Shannon. Witnesses stated she never slowed down; hitting Greg Shannon so hard that it knock a tire off of her Chevrolet pickup truck. Tamara kept driving at an estimated speed of 80 mph creating a 15 foot plume of sparks. Those sparks started a dozen fires burning approx 75 acres and destroying two homes.
During her trial I went to various biker meetings and asked that some attend her hearings. Between 3 and 6 bikers/motorcyclists were at each hearing. This was just to let the judge and the community know that the bikers were watching. When Tamara was found guilty, I again asked that some of the riders please attend her sentencing…remember she could be just charged with a ROW violation. Over 110 bikers/motorcyclist attended; from HOG to weekend riders, to 3 piece patch holders including 1%’s.
The judge opened up the court room to all and thanked the biker community for participating (the judge spoke about 5 or so minutes). He then apologized as the maximum sentence he could give her was 6 years for killing a biker.
Some belittled the 6 year sentence but this was a success.
Point being in all of this, if we stand together we can make a difference. When they say ‘somebody’ needs to do something, be that somebody.
Bikers are still getting killed and seriously injured with little to no penalties from the law. Want to make a change? Get involved. All the driver has to say is “I didn’t see them”
Mac Bolt