Another Driving Distracted Fatality

[Alex]

Saw a link on another board, searched and found the original site right here. I think it's a pretty well written letter.

22 May 2009

Lora L. Hunt
6125 Peart Road
Morris, IL 60450-9514
Tel/Fax: 815-942-2022

Dear Ms. Hunt,

On the afternoon of 2 May 2009--the second day of "Motorcycle Awareness Month"--you made the deliberate decision to engage in the personal vanity of painting your fingernails rather than paying attention to your driving. In so doing, you knew or should have known that (just as if you were texting or talking on a cell phone) this deplorable discretionary distraction would transform the possibility of you being in an accident into a probability of causing one. In so doing, you exhibited a culpable disregard of the foreseeable consequences of your actions, and recklessly endangered the lives of all motorists who shared the road with you that day. And in so doing, you wantonly took the life of a helmeted, conspicuously clad, experienced and responsible motorcyclist, a loving wife and mother named Anita Zaffke:

http://tinyurl.com/o4hcwv

It's too bad Anita Zaffke didn't take the interstate that day. If she had, at least there'd be much less chance you could have plowed full speed into the rear of her Honda as she waited for a light to change. Instead she was on an undivided road, where according to NHTSA (DOT HS 810 606 Table 20), 90% of all motorcycle accidents occur. And why is that? Because those are the roads where motorists guilty of inattentional blindness resulting from discretionary distractions are most likely to commit a right-of-way violation ... like pulling out or turning left in front of us as they chat on their cell phones ... or weaving into our lane and hitting us head on as they tap out their text messages ... or ramming us at a red light while they paint their fingernails.

That doesn't change the facts, however, that Anita Zaffke had every right to be where she was, and that you had no right to hit her stopped motorcycle so hard that you knocked her two hundred feet through the air, causing her to suffer for more than an hour before succumbing to the mortal wounds inflicted by your total disregard for the lives of others.

You are responsible for taking a human life, Lora Hunt, because you made a conscious decision to engage in a distraction that you knew impaired your ability to drive. Yes, you were just as impaired as if you'd been driving under the influence of alcohol, if not more so. And had this been a DUI manslaughter, you'd probably be charged with a Class 2 Felony and sentenced to a jail term of 3 to 14 years. But "DWI" has yet to be redefined as "driving while impaired", in Illinois or elsewhere, so the charge you're more likely to face is reckless homicide, a Class 3 Felony punishable by only 2 to 5 years imprisonment. And even THAT charge has not been filed against you by the State's Attorneys ... yet.

Your untested but politically connected young lawyer, Ms. Ragan R. Freitag, only graduated from Mississippi College School of Law last year and passed her Illinois bar exam last October. But she has been quick to remind the masses through the media that "distracted driving is not illegal". That is true. And it is a sad commentary on the hypocrisy of our society that willfully endangering others by driving while impaired due to alcohol or drugs is a crime, but driving while being equally impaired by discretionary distractions is not. We will not allow Ms. Freitag's naive attempt at redirection, however, to obfuscate the real issue here. For even the staunchest Libertarians will agree that your freedom to swing a fist ends where someone else's right not to be hit begins. You crossed that line, Lora Hunt, when you took the life of Anita Zaffke. And no amount of remorse, staged or sincere, can undo the damage you have done.

For consciously deciding to engage in a discretionary distraction that led directly to the death of a responsible motorcyclist, you must be held accountable. That process begins, Lora Hunt, when you are scheduled to appear in Lake County Court at 9 a.m. Monday, June 8, to deal with your ticket for "failure to reduce speed to avoid an accident":

Lake County Courthouse and Administration Building
18 North County Street
Waukegan, Illinois 60085-4359
http://www.19thcircuitcourt.state.il...o/info_n18.htm

RAIN OR SHINE, I HOPE THAT EVERY BIKER IN ILLINOIS RIDES TO MEET YOU THERE. I also hope that every rider reading this will join me in demanding that justice be done for Anita Zaffke, for her family, and for all American motorcyclists. And in closing, I hope that as a member of the First Christian Church of Morris IL, Lora Hunt, you realize how fortunate you are that the State of Illinois is not likely to apply the penalty for your crime prescribed in Leviticus 24(19-21):

"If anyone injures his neighbor, whatever he has done must be done to him: fracture for fracture, eye for eye, tooth for tooth. As he has injured the other, so he is to be injured. Whoever kills an animal must make restitution, but whoever kills a man must be put to death."

I, for one, wish they would. Then maybe, over time, more would change in these reports than just the names:

http://tinyurl.com/fty-rowvs

Speaking strictly for myself and no other individuals or organizations,

Bruce Arnold

Bruce@LdrLongDistanceRider.com
Author and Publisher, LdrLongDistanceRider.com
Co-Moderator, Bruce-n-RC's Biker Forum
Mile Eater Gold Member, Iron Butt Association (IBA)
Sustaining Member, Motorcycle Riders Foundation (MRF)
2009 Chairman's Circle, American Motorcyclist Association (AMA)

cc:

Ragan R. Freitag, Attorney
116 N. Chicago Street
Suite 500
Joliet, IL 60432
Tel: 815-723-4400
Fax: 815-723-4422

State's Attorneys Office
18 N. County St.
4th Floor
Waukegan, IL 60085
Tel: 847-377-3000
statesattorney@lakecountyil.gov

Lisa Madigan
Illinois Attorney General
500 South Second Street
Springfield, IL 62706
Tel: 217-782-1090
http://www.illinoisattorneygeneral.g...t/email_ag.jsp

Pat Quinn, Governor
Office of the Governor
207 State House
Springfield, IL 62706
Tel: 217-782-0244
http://www.illinois.gov/GOV/contactthegovernor.cfm

Ray LaHood, Secretary
U.S. Department of Transportation
1200 New Jersey Ave, SE
Washington, DC 20590
Tel: 202-366-4000
Ray.LaHood@dot.gov

[noche_caliente]

very well written - i hope it does some good

[jonb08]

Nicely done. That ending where he quotes the bible is something else. He really researched the person who he was sending the letter to.

[CodE-E]

That Bible quote is unnecessary; religion and emotion should not be a part of law. I hope this woman will get a very serious punishment for being so careless, but the death penalty would be way too much as it wouldn't improve life for anyone.

The different laws regarding driving while drunk and driving while being distracted (by polishing ones nails, for example) sounds like bullsh*t, though. I think drivers while talking with a mobile phone in one hand, or polishing ones nails, should have the same punishments as driving drunk (to some degree) - it's all a matter of consciously engaging in a distracting activity, and therefore a declaration of "I don't give a sh*t about the safety of others".

[Apex]

If I were still up there, I'd definitely attend.

[Apex]

Originally Posted by CodE-E

That Bible quote is unnecessary; religion and emotion should not be a part of law. I hope this woman will get a very serious punishment for being so careless, but the death penalty would be way too much as it wouldn't improve life for anyone.

The different laws regarding driving while drunk and driving while being distracted (by polishing ones nails, for example) sounds like bullsh*t, though. I think drivers while talking with a mobile phone in one hand, or polishing ones nails, should have the same punishments as driving drunk (to some degree) - it's all a matter of consciously engaging in a distracting activity, and therefore a declaration of "I don't give a sh*t about the safety of others".

My wife constantly gets annoyed when she calls me while I'm driving, because I zone out. I don't zone out of my driving, but in many situations, I ignore her so I can concentrate on driving. I very much dislike doing anything while driving that isn't driving.

[Grn99Kawi]

What an ignorant scumbag that woman is.. took the life of someone just living her life because she couldnt budget her time correctly to do her nails before getting into teh car.

I hope she gets what she deserves... and the family of Anita Zaffke has the strength to get through this.

[CodE-E]

Originally Posted by Apex

My wife constantly gets annoyed when she calls me while I'm driving, because I zone out. I don't zone out of my driving, but in many situations, I ignore her so I can concentrate on driving. I very much dislike doing anything while driving that isn't driving.

Yeah. Even though I've already got about 2 years of car driving experience, and am confident and quite competent, I still dislike being distracted by a conversation with passengers while I drive. I even tend to turn off the radio when I'm stuck in hairy traffic or some area where I need to really focus.

[CC Cowboy]

This stuff happens all the time. Riding a motorcyle is a dangerous sport. You have to be aware at all times. Idiots are out to kill you all the time. People feel secure in the cage and don't think (at all) about what is going on around them. People think the phone, eating, make-up, or whatever they are doing is more important than concentrating on driving. It's the me factor (no one matters but me).

I ran into a woman tailgating my son and another rider the other day. I knew she was going to do something stupid but I had my eye on her. She went to pass both of them which was going to sideswipe me. I was ready. I had an escape route but didn't need it I laid on the horn and she jumped back in her lane, slowed way down and when we came up to the light won't get close to us.

In the old days when I was young and mental ( I used to ride a Harley and had no kids), when someone did a stupid move I would usually smash there mirror on the drivers door and call them a few select names ( I have matured alittle). I never had anyone chase me and I bet they thought to check twice when there was a motorcycle around them.

[BlueTyke]

RIP Rider. I remembered reading this story before I think GreezeMonkey put it up.

If the person who had died (been murdered really) been in a car instead... What would Mrs. Nail-painter be looking at? Vehicular Manslaughter? Anyone familiar?

[TnNinjaGirl]

Good for Bruce Arnold. In a time where no one feels like they should be held accountable for their actions, a man has written a letter explaining that exact subject. He did it, I feel, without pointing fingers and by citing relevant quotes and passages from several sources.

We suffered a tragic loss because of negligence. I hear non-bike riders tell me every day to be careful and not crazy on my bike. They are taken aback when I explain that when I pass at a high rate of speed, or swerve in a "crazy" manner, I am usually trying to avoid one of their caged brothers/sisters who was not paying attention to their driving and about hit me. I tell them that most bike riders are aware and that we are more afraid of car drivers than our own carelessness. I have noticed a marked improvement in the driving of my friends. I ask them "Next time you cross the line, or text, or eat while driving, who knows who you will hit. Maybe it will be me. How would my family feel?"

Information and awareness are the key. Make it personal to them. How would they like it if poor Johnny were riding his bicycle down to Charlie's house and he gets hit by a Yukon driving, cell phone clad suburban Mom who is late to pick up her kid from football practice. It'd suck wouldn't it?

[gizmogamez]

Originally Posted by CodE-E

That Bible quote is unnecessary; religion and emotion should not be a part of law. I hope this woman will get a very serious punishment for being so careless, but the death penalty would be way too much as it wouldn't improve life for anyone.

The different laws regarding driving while drunk and driving while being distracted (by polishing ones nails, for example) sounds like bullsh*t, though. I think drivers while talking with a mobile phone in one hand, or polishing ones nails, should have the same punishments as driving drunk (to some degree) - it's all a matter of consciously engaging in a distracting activity, and therefore a declaration of "I don't give a sh*t about the safety of others".

I don't think the quote was unnecessary at all...this lady is part of a church and there for believes in it's teachings...that or she is a hipocrite. So making a quote from something she has decided to live her life by just hammers home the point being made by the person writing the letter.


very well done.

[Techno250]

Thank god Georgia has not an "anti-cell" law, but an "anti-distraction" law, and if some upcoming bills pass, will be even tougher, with points off your license for using a cell phone.

Of course, people will still break the law, and sadly, people will die. But maybe this will put some sharper teeth into our distracted driving laws.