Posted By Ron Kramer on July 29, 2009

A bicyclist was hit by a delivery truck as he was making his way up Little Cottonwood Canyon on July 28, 2009. According to the Salt Lake Tribune, the bicyclist, David Kelley, 37 of Draper, was a ways up Little Cottonwood Canyon, around 8200 East, when this bike accident happened. According to reports, the truck driver was in the right lane in a passing zone when the mirror on his truck clipped David Kelley. The impact caused him to lose control of his bike and tumble 20 feet down an embankment. Kudos to the driver who stopped to help Kelley out. Emergency help was subsequently summoned and Kelley was flown by helicopter to the University Hospital in critical condition. He is said to have spine, neck and head trauma, broken bones and internal injuries. Like most cyclists who bike Little Cottonwood, Kelley was wearing a helmet. The truck driver was cited for driving too close to a bicyclists.

Best wishes go out to David Kelley for a speedy recovery. From the sound of his injuries though, it sounds like he’ll be out the rest of the biking season. Possibly longer.

I personally have biked up Little Cottonwood Canyon. It’s a very steep climb, one of the steepest, sustained climbs I have ever done. The climb is considered by some to rival routes taken by pros such as Lance Armstrong in the Tour de France. The Tour of Utah will be charging up this stretch in August toward the finish line at Alta Ski resort. The parts of the road going uphill where there are passing lanes are some of the steepest, with grades approaching 12 percent. This canyon ride, while challenging, is also a dangerous one because of the absence of a shoulder for the great majority of the stretch. The absence of a meaningful shoulder affects both the downhill ride, and in this case, the uphill ride. The peppering of “share the road” signs in this canyon, unfortunately, does not insulate riders from motorists who do not move over at the site of bicyclists.

In this case, although the sun was said to be in the driver’s eyes, it is still the duty of every driver to be able to see the road ahead before traveling down or up it. More specifically in this case, Utah motorists are required to follow the three-foot passing rule, which states: “An operator of a motor vehicle may not knowingly, intentionally, or recklessly operate a motor vehicle within three feet of a moving bicycle, unless the operator of the motor vehicle operates the motor vehicle within a reasonable and safe distance of the bicycle.” Utah Code section 41-6a-706.5. Since the driver’s mirror hit Kelley, the driver was obviously less than three feet from Kelley and in violation of this safety rule.

Legally speaking, David Kelley has a pretty good case against the truck driver. Since it sounds like this was a commercial delivery vehicle, there should be a larger insurance policy that could provide benefits and compensation to Kelley from what I would consider to be a completely avoidable bike accident. I would recommend that David or his family contact an experienced Utah bicycle accident lawyer to get more details on the remedies he has following this serious bike crash.

Categories: Bicycle Accident
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