A matter of principle

Steve
Steve Bartlett
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Justice Wife wants ticket issued in husband's highway death

The widow of a cyclist who died after riding into a parked truck last June is disappointed the police haven't even issued a ticket, even though the vehicle was in violation of highway traffic regulations.

Mike Dinn, a 48-year-old father of two, died June 30, four days after his bike collided with a Kent Building Supplies truck near the Portugal Cove Road interchange on the Outer Ring Road.

The widow of a cyclist who died after riding into a parked truck last June is disappointed the police haven't even issued a ticket, even though the vehicle was in violation of highway traffic regulations.

Mike Dinn, a 48-year-old father of two, died June 30, four days after his bike collided with a Kent Building Supplies truck near the Portugal Cove Road interchange on the Outer Ring Road.

A teacher at Holy Trinity in Torbay, he was en route to his St. John's home after finishing up for the summer.

Dinn's wife, Marcia Porter, told The Telegram a lot of questions remain unanswered about the freak accident, but they do know a ticket hasn't been written.

That's disappointing for her, because based on research, she believes the truck was breaking a number of rules at the time.

Among them, she said, it was parked in an intersection, one of its tires was outside the roadside fog line and the proper safety markers were not in place.

"It's not very proper treatment of a cyclist, and I'm just disappointed in that," Porter said. "We have legislation. It should be enforced."

She said it's her understanding police have a year to write a ticket and she would like to see that done before time runs out.

Her quest to have a ticket issued isn't fuelled by revenge or rage, she stressed, but by a desire to see justice for Mike; for the safety of other cyclists, pedestrians and people who don't drive big vehicles; and to educate the public about road safety.

She said she has no problem with the company involved and sees the ticket more as a symbolic acknowledgement of the severity of what happened.

John Dinn, Mike's brother, is also frustrated a ticket hasn't been issued. He thinks police are missing an opportunity to educate the public on an important aspect of road safety - how and where to properly pull over on the highway.

Porter said she and other family members have met with the Royal Newfoundland Constabulary on a number of occasions.

The reasons police offer as to why there hasn't been ticket written "just don't hold water," she said.

For example, Porter elaborated, officers told them a judge would throw such a ticket out.

That doesn't sit well with her because she thinks the police have a job to enforce the law, not to judge whether or not a ticket will stick.

Contacted about Porter's concerns, a Royal Newfoundland Constabulary spokesman said the force's specialized accident investigation unit did a thorough analysis and concluded there were no grounds to lay charges under the Highway Traffic Act.

"Members of the investigative team have met with Ms. Porter and reviewed with her the investigation and the reasons why charges were not laid in this matter," the police official said in an e-mail.

"The RNC respects the fact that (she) is entitled to disagree with the conclusions reached in this case."

Asked if there is a chance the Constabulary will take another look at the file before the one-year window to issue a ticket passes, the spokesman said the investigation has been concluded, but if new evidence comes to light, the force "would certainly engage in further investigation."

Porter and John Dinn also wonder why a provincial occupational health and safety officer didn't investigate the accident, even though a commercial truck is considered a workplace and there was a death involved.

"It just seems to me there is so little regard for Mike's life and for the life of a cyclist," Porter said.

A spokeswoman with the Department of Government Services said that through discussions with the RNC, it was determined "this was a motor vehicle accident with no requirement for an occupational health and safety investigation."

sbartlett@thetelegram.com

Organizations: Kent Building Supplies, The Telegram, Government Services

Geographic location: Portugal Cove Road, Outer Ring Road, Holy Trinity Torbay St. John's

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  • Esron
    July 02, 2010 - 13:35

    @Sam M.: It's not about the 100$ fine to resolve her grievances, it's about how people here use the roads, and don't follow the law.

    Everyday, I see 100's of people driving and talking on their mobiles [Broken Law], Preforming U-Turns [Broken Law], Not using indicators, tailgating, turning into the farthest lane, as opposed to the closest, running stop signs, running red lights, not obeying crosswalks, and driving atleast 20 above the speed limit, and that's just by the police, regular citizens are worse.

    The whole city needs an attitude change in regards to cars, and how they use them.

    And whilst I do feel that it is a tragic loss on that family's part - Holy Big Green Lorrie... I have bad eye sight, with out my glasses - I mean BAD, but I can still see one of those ugly trucks a mile away...

  • San
    July 02, 2010 - 13:34

    I know to the family, some of the above comments may seem cold. Maybe there is more to the story? She mentioned that the truck was not completely outside the white line. Does this mean Mr. Dinn tried to go around, but because of traffic, didn't make it? When I hear that he hit the parked truck, one kind of envisions hitting it directly. One comment mentions flashing lights, this is obviously something needed for the night, but in the day time, isn't the fact that it is a large green vehicle enough?
    When something like this happens, I think it is only natural that we would want someone held accountable...and the love we have for the one lost, keeps us from holding that person accountable. If this truck was parked a foot or even two feet further in from the road, would it have still happened, I can't help but think it would have,,,,because, it was the person operating the moving vehicle, (the bike) who had control of the situation.

    I am so sorry for your loss, and I don't want to seem cold, and I'd probably be saying the same thing had it been someone belonged to me. I do agree that the vast majority of motorists on the outer ring road drive and operate vehicles whithout obeying all rules of the road. But a parked vehicle is a parked vehicle, it's like hitting a wall, a stationary object.

  • Kate
    July 02, 2010 - 13:34

    It is sad to lose someone you love, but he hit a parked vehicle. When you hit a parked vehicle, even if the vehicle is parked improperly, the accident is still your fault.

  • T
    July 02, 2010 - 13:33

    While I sympathize with the family's loss, I agree with the multiple posts that he struck a stationary object - I have seen many cyclists with their heads down - highways are no place for cyclists but if they take the risk to ride there, increased awareness should be paid. If he had struck a sign or other roadside obstacle, would we ticket for that too? Grief counselling may do this family more benefit than pursuing a ridiculous ticket.

  • james
    July 02, 2010 - 13:33

    here in nova scotia he would be charged with dangerious driving and a litiney of other charges

  • Jay
    July 02, 2010 - 13:29

    Most highways around here I have noticed have a paved shoulder outside the fog line where you can ride outside of the traffic lane. It's probably the safest place to ride, even more so than some of our city streets. Bikes are supposed to keep to the far right of the road way which it appears this man was doing.

    When something pulls over into this area they should be aware of bike/pedestrian traffic that use this lane. To pull over into a merge lane not fully off the road I would think would not only present an obstacle for bike/pedesterian traffic, but also vehicle traffic trying to merge at increased speed into the main highway like the Outer Ring Rd. This I would think would cause possible conflict between cars trying to accelerate up to speed and get around this obstacle and merge with th faster moving traffic on the highway.

    This maybe a reason why it's illegal to pull over in merge lanes and the need to be fully off the road and use safety warning devices.

  • Political Watcher
    July 02, 2010 - 13:27

    As difficult as this is, to imagine any family going through this type of loss is difficuly but we have to look form an objective set of eyes. He was cycling on a major highway that is known for the high speeds and large vehicles that use it daily.
    When you look at this, he hit a parked vehicle, doesn't matter how or where it was parked but it was parked; a stationary object does no damage.
    It is too bad that there were no other witnesses to this accident as it may allow the family to get some answer they are looking for.

  • Geoff
    July 02, 2010 - 13:27

    The vehicle was parked, he hit it. Who's to blame? this seems silly. Though I'm sorry about the loss, accept it for what it is. You point has been made and I don't think a ticket will change anything at this point!

  • Susan
    July 02, 2010 - 13:25

    There is a major assumption with this story that I find hard to understand and everyone seems to be asking the same question: How do you hit an alleged parked truck on a peddle bike on a stretch of road, not see the truck yet still stay on the side of the road way. This begs the question if the truck was actually parked there or not, or was it pulling off or was it trying to merge into traffic and was forced over by other traffic and didn't see the cyclist on the side of the road.

    Makes me wonder?

  • Denis
    July 02, 2010 - 13:23

    If there is justice in giving the operator who parked the truck a ticket, then so Mr Dunn be charged. To quote the words of Military Police officer once said to me, when there is an accident somebody is responsible and that person shall be charged The truck was stopped, stationary, and Mr Dunn hit the truck. He was not operating his vehicle with proper attention and control. If he was unaware of the truck, a large green object, it reasonable charge him with careless and dangerous driving causing death. I share the pain of losing a spouse with Ms. Porter, I urge to remember the happiness he brought you not dwell on his freakish death.

  • M
    July 02, 2010 - 13:22

    First of all, i'm sorry for your loss. However, that road is not the ideal place to ride a bike. I've ridden a lot of bikes, and if somone is passing you, at high speed, there's quite the wind whipped up, and it can blow you sideways. My parents always preached at me, that if there was an obstruction on the side of the road, i was to get off the bike and walk it past the obstruction, to prevent getting hurt.
    Two things...... 1) Tad bit hard not to see a Big Green Truck, parked on the side of the road , and 2) Very tempting to try and pass it, while still riding the bike, even though you are supposed to get off and walk the bike by the truck parked on the side of the road, if the space between the truck and passing traffic is too small to safely ride by.
    There's not going to be a ticket, because it's not the fault of the driver of the parked vehicle.

    Haivng said all of that..... i was on my bike, yrs ago, on a side road, and was blown off the road, down over an embankment, by a Semi blowing by. The wind that buffetted me was incredible, and i lost control of the bike. Road rash wasn't pleasant, and the bike was totalled in the crash. I was going pretty fast when that happened.

    Accidents happen in an instant. We all have responsibilities, whether driving a car, or riding a bike of any sort. Tempting, to break the rules of the road, but that temptation can lead to an accident.

  • Dee
    July 02, 2010 - 13:22

    Hmm... I read this story and I didn't get the impression the lady was looking for a law suit or revenge, just acknowledgement for an accident that could have been prevented. A matter of principle

    When you think about the number of accidents that occur on the Outer Ring road, and the fact that police ticket for perceivably less violations like not wearing a seat belt, talking on a cell phone, expired meters, no using proper signalled lane changes, you wonder why they didn't ticket in this case with a fatality.

    If they did and let if be know to the public through their PR guy, perhaps other accidents like this can be avoided. The road rules are there for a reason and this is an example of what can happen when they are not followed.

    Maybe more should be done to protect public safety.

  • John Smith
    July 02, 2010 - 13:19

    I would say she wants the ticket to aid in a possible law suit against Kent. The fault here is with the cyclist.

  • G.
    July 02, 2010 - 13:18

    As far as I understand the situation, the truck was parked to adjust a load in the back -- which is standard and common procedure, and a safety measure in its own right. It's incredibly unfortunate that the cyclist hit the truck, and the cycling setup in this city is sorely lacking. Not that I can put myself in their shoes, but I think the family's efforts would be better spent trying to further safe, convenient and intelligent bike routes in this city, rather than pursuing a rather meaningless ticket.

  • Carla
    July 02, 2010 - 13:17

    How does a person not see a parked vehicle, especially a large truck or cube van such as some of the ones that Kent's and other home building supply or large item retailers use.

    Cycling on the highways is also not that safe. The roads in this provicne are not built to accomadate cyclists at all.

    It's a tragic accident. But, if you are in a moving vehicle and hit a parked vehicle, I think you are at fault, not the parked vehicle

  • Insurace
    July 02, 2010 - 13:17

    I tried to remain out of this, but find it a little hard. Facts are facts Without fault the insurance companies will not pay out. She needs to find fault in the driver to obtain insurance and little more. Try dealing with Sun Life without a police report and who is at fault and see how far you get.

    They need to have someone to blame and the best way to obtain that is with a ticket or charge. Without either the widow has no claim.

  • g-man
    July 02, 2010 - 13:17

    i agree with this lady,because of one main reason.all trucks that stop on highways whether to fix a flat or even fix the load in the back of the truck, should always have flashers placed on the highway on each end of the truck.that is(not having flashers displayed) a violation of the highway traffic act.i hope this lady gets her closure.you know,when you loose someone in a neglective way,it just might take a ticket for closure.let the lady have her say..good luck miss porter.

  • Sam M
    July 02, 2010 - 13:16

    So the truck driver getting a $100 ticket is going to resolve her grievances?
    I expect the truck driver feels horrible anyways.
    Forgive, move on, honour his memory in positive ways, sounds like she needs some counselling and her family should not be encouraging her in this trivial pursuit.

  • David W
    July 02, 2010 - 13:15

    Do any of you know it alls maybe think he could have been forced into the truck by a passing motorist? That maybe he had to go out around the truck because it wasn't pulled off far enough as the police have said. That maybe (and very likely) if the driver had put out markers Mr. Dinn would have seen them and stopped? People, I don't believe for a second he rode into a parked truck. Something happened that somebody out there knows about and they are not saying anything. I hope they are getting counselling to deal with it being on their conscience. My opinion.

  • food for thought
    July 02, 2010 - 13:15

    What if this riding the bike collided with the truck driver standing on the shoulder of the outer ring road, is the pedestrian responsible for the injuries of the Bicyclist? Should the pedestrian (truck driver) get a ticket?

    I feel bad for the family of this fellow, but it seems to me that they are trying to crucify the truck driver for their loss. The truck driver will go to his grave with this tragedy, I'm sure he feels bad enough as it is without having to be hounded mercilessly by the family, out for their pound of flesh.

  • Sorry
    July 02, 2010 - 13:14

    Although I am sure this tragedy has been hard on all concerned and I am sorry for their loss but, the Outer Ring Road or the TCH is not really the place for persons on bikes no more than the Hwy. 401 is. Cars and trucks at 100kph. or more within a few feet of a person on a bike is rediculas. Persons on bikes should be ticketed for being out there since they are putting themselves and drivers at risk. Maybe this is not law but it should be. I assume Mr. Dinn would have been riding his bike off to the side of the driving lane and not in the lane with cars, so it is irrelevant that one tire was slightly over the line. I am sure the driver was as far over as he could be with the minimal room he had there. As for the proper markers being put out by the driver, maybe he had just pulled over a minute prior to this happening. Riding a bike out there is dangerous and Mr. Dinn unfortunately was not paying full attention to his surroundings. Again sorry for your loss but some responsibility must be assumed for even being out there.

  • B
    July 02, 2010 - 13:14

    Sorry for the loss of a life no matter the circumstances. Just wondering if the case of a ticket being issued if the victim, in the case who must not have been looking where he was going, struck and killed a jogger or someone walking back on to him? No matter what we do in life we have to be conscious of our surroundings...I wouldn't dive head first into the water without knowing if rocks were there nor would I ride a bicycle without knowing what was ahead.

    I am sure the police did a thorough and fair investigation.

  • Melissa
    July 02, 2010 - 13:14

    Where is all your compassion people. If the shoe were on the other foot, what would your reactions be, I wonder???
    Mr. Dinn had just as much right to be on that highway on a bike as any driver had. You must be the ones going 50 mph over the speed limit and talking on cell phones. Ms. Porter, hope you get what you are looking for. Mike deserves it to say the least.

  • dawn
    July 02, 2010 - 13:13

    When i heard about this accident last year I thought to myself, how does someone not see a big Kents truck did he have his head down and not looking where he was going ? It seems to me that there was some negligence there somewhere . Just a thought

  • Don
    July 02, 2010 - 13:12

    I suspect he was grazed or sided swiped by a car. This would have knocked him off his handle bars so he won't have had control. Also, the side swiping would have increased his speed. A friend of mine was side swiped a few years ago and this is what happen to him, but he was lucky as there was no parked truck to slam into. Interestingly, he suffered no injury or brusies from the side swiping car.

    Parking at the top of a merge lane is a disaster waiting to happen and these areas of the shoulder should be cross hatched to clearly indicate they are No Parking zones.

    As an experienced cyclist, I highly doubt he rode into the parked truck.

  • Jason w
    July 02, 2010 - 13:12

    Really sorry for your loss Ms. Porter.
    I got a ticket once for being parked on a side walk. I didn't think I was hurting anyone, but I guess it was a law I broke.
    Maybe parking there would have forced pedestrians to walk out around my vehicle into traffic. Certainly no one would walk into it there

    I also got a ticket another time for being parked too close to a bus stop. Even though I got to my truck to move it, the officer wrote me up anyway. I guess my parking there would have forced the bus driver to park further ahead or out further in the road I suspose, or put passegers at risk getting off the bus?

    I got a ticket another time for having my truck parked the opposite way on the wrong side of the road even though it
    was off the side of the road, not in traffic.

    All these violations I thought were petty and wouldn't harm anyone, but I guess they have the potential to harm others and are laws for this reason. I learned from my mistakes, and don't park in these areas anymore.

    Maybe a ticket would make the truck driver aware of his mistake and see the reasons why they shouldn't have pulled off where they did.

  • Esron
    July 01, 2010 - 20:25

    @Sam M.: It's not about the 100$ fine to resolve her grievances, it's about how people here use the roads, and don't follow the law.

    Everyday, I see 100's of people driving and talking on their mobiles [Broken Law], Preforming U-Turns [Broken Law], Not using indicators, tailgating, turning into the farthest lane, as opposed to the closest, running stop signs, running red lights, not obeying crosswalks, and driving atleast 20 above the speed limit, and that's just by the police, regular citizens are worse.

    The whole city needs an attitude change in regards to cars, and how they use them.

    And whilst I do feel that it is a tragic loss on that family's part - Holy Big Green Lorrie... I have bad eye sight, with out my glasses - I mean BAD, but I can still see one of those ugly trucks a mile away...

  • San
    July 01, 2010 - 20:24

    I know to the family, some of the above comments may seem cold. Maybe there is more to the story? She mentioned that the truck was not completely outside the white line. Does this mean Mr. Dinn tried to go around, but because of traffic, didn't make it? When I hear that he hit the parked truck, one kind of envisions hitting it directly. One comment mentions flashing lights, this is obviously something needed for the night, but in the day time, isn't the fact that it is a large green vehicle enough?
    When something like this happens, I think it is only natural that we would want someone held accountable...and the love we have for the one lost, keeps us from holding that person accountable. If this truck was parked a foot or even two feet further in from the road, would it have still happened, I can't help but think it would have,,,,because, it was the person operating the moving vehicle, (the bike) who had control of the situation.

    I am so sorry for your loss, and I don't want to seem cold, and I'd probably be saying the same thing had it been someone belonged to me. I do agree that the vast majority of motorists on the outer ring road drive and operate vehicles whithout obeying all rules of the road. But a parked vehicle is a parked vehicle, it's like hitting a wall, a stationary object.

  • Kate
    July 01, 2010 - 20:23

    It is sad to lose someone you love, but he hit a parked vehicle. When you hit a parked vehicle, even if the vehicle is parked improperly, the accident is still your fault.

  • T
    July 01, 2010 - 20:22

    While I sympathize with the family's loss, I agree with the multiple posts that he struck a stationary object - I have seen many cyclists with their heads down - highways are no place for cyclists but if they take the risk to ride there, increased awareness should be paid. If he had struck a sign or other roadside obstacle, would we ticket for that too? Grief counselling may do this family more benefit than pursuing a ridiculous ticket.

  • james
    July 01, 2010 - 20:22

    here in nova scotia he would be charged with dangerious driving and a litiney of other charges

  • Jay
    July 01, 2010 - 20:17

    Most highways around here I have noticed have a paved shoulder outside the fog line where you can ride outside of the traffic lane. It's probably the safest place to ride, even more so than some of our city streets. Bikes are supposed to keep to the far right of the road way which it appears this man was doing.

    When something pulls over into this area they should be aware of bike/pedestrian traffic that use this lane. To pull over into a merge lane not fully off the road I would think would not only present an obstacle for bike/pedesterian traffic, but also vehicle traffic trying to merge at increased speed into the main highway like the Outer Ring Rd. This I would think would cause possible conflict between cars trying to accelerate up to speed and get around this obstacle and merge with th faster moving traffic on the highway.

    This maybe a reason why it's illegal to pull over in merge lanes and the need to be fully off the road and use safety warning devices.

  • Political Watcher
    July 01, 2010 - 20:15

    As difficult as this is, to imagine any family going through this type of loss is difficuly but we have to look form an objective set of eyes. He was cycling on a major highway that is known for the high speeds and large vehicles that use it daily.
    When you look at this, he hit a parked vehicle, doesn't matter how or where it was parked but it was parked; a stationary object does no damage.
    It is too bad that there were no other witnesses to this accident as it may allow the family to get some answer they are looking for.

  • Geoff
    July 01, 2010 - 20:15

    The vehicle was parked, he hit it. Who's to blame? this seems silly. Though I'm sorry about the loss, accept it for what it is. You point has been made and I don't think a ticket will change anything at this point!

  • Susan
    July 01, 2010 - 20:12

    There is a major assumption with this story that I find hard to understand and everyone seems to be asking the same question: How do you hit an alleged parked truck on a peddle bike on a stretch of road, not see the truck yet still stay on the side of the road way. This begs the question if the truck was actually parked there or not, or was it pulling off or was it trying to merge into traffic and was forced over by other traffic and didn't see the cyclist on the side of the road.

    Makes me wonder?

  • Denis
    July 01, 2010 - 20:08

    If there is justice in giving the operator who parked the truck a ticket, then so Mr Dunn be charged. To quote the words of Military Police officer once said to me, when there is an accident somebody is responsible and that person shall be charged The truck was stopped, stationary, and Mr Dunn hit the truck. He was not operating his vehicle with proper attention and control. If he was unaware of the truck, a large green object, it reasonable charge him with careless and dangerous driving causing death. I share the pain of losing a spouse with Ms. Porter, I urge to remember the happiness he brought you not dwell on his freakish death.

  • M
    July 01, 2010 - 20:07

    First of all, i'm sorry for your loss. However, that road is not the ideal place to ride a bike. I've ridden a lot of bikes, and if somone is passing you, at high speed, there's quite the wind whipped up, and it can blow you sideways. My parents always preached at me, that if there was an obstruction on the side of the road, i was to get off the bike and walk it past the obstruction, to prevent getting hurt.
    Two things...... 1) Tad bit hard not to see a Big Green Truck, parked on the side of the road , and 2) Very tempting to try and pass it, while still riding the bike, even though you are supposed to get off and walk the bike by the truck parked on the side of the road, if the space between the truck and passing traffic is too small to safely ride by.
    There's not going to be a ticket, because it's not the fault of the driver of the parked vehicle.

    Haivng said all of that..... i was on my bike, yrs ago, on a side road, and was blown off the road, down over an embankment, by a Semi blowing by. The wind that buffetted me was incredible, and i lost control of the bike. Road rash wasn't pleasant, and the bike was totalled in the crash. I was going pretty fast when that happened.

    Accidents happen in an instant. We all have responsibilities, whether driving a car, or riding a bike of any sort. Tempting, to break the rules of the road, but that temptation can lead to an accident.

  • Dee
    July 01, 2010 - 20:06

    Hmm... I read this story and I didn't get the impression the lady was looking for a law suit or revenge, just acknowledgement for an accident that could have been prevented. A matter of principle

    When you think about the number of accidents that occur on the Outer Ring road, and the fact that police ticket for perceivably less violations like not wearing a seat belt, talking on a cell phone, expired meters, no using proper signalled lane changes, you wonder why they didn't ticket in this case with a fatality.

    If they did and let if be know to the public through their PR guy, perhaps other accidents like this can be avoided. The road rules are there for a reason and this is an example of what can happen when they are not followed.

    Maybe more should be done to protect public safety.

  • John Smith
    July 01, 2010 - 20:01

    I would say she wants the ticket to aid in a possible law suit against Kent. The fault here is with the cyclist.

  • G.
    July 01, 2010 - 20:00

    As far as I understand the situation, the truck was parked to adjust a load in the back -- which is standard and common procedure, and a safety measure in its own right. It's incredibly unfortunate that the cyclist hit the truck, and the cycling setup in this city is sorely lacking. Not that I can put myself in their shoes, but I think the family's efforts would be better spent trying to further safe, convenient and intelligent bike routes in this city, rather than pursuing a rather meaningless ticket.

  • Carla
    July 01, 2010 - 19:58

    How does a person not see a parked vehicle, especially a large truck or cube van such as some of the ones that Kent's and other home building supply or large item retailers use.

    Cycling on the highways is also not that safe. The roads in this provicne are not built to accomadate cyclists at all.

    It's a tragic accident. But, if you are in a moving vehicle and hit a parked vehicle, I think you are at fault, not the parked vehicle

  • Insurace
    July 01, 2010 - 19:57

    I tried to remain out of this, but find it a little hard. Facts are facts Without fault the insurance companies will not pay out. She needs to find fault in the driver to obtain insurance and little more. Try dealing with Sun Life without a police report and who is at fault and see how far you get.

    They need to have someone to blame and the best way to obtain that is with a ticket or charge. Without either the widow has no claim.

  • g-man
    July 01, 2010 - 19:57

    i agree with this lady,because of one main reason.all trucks that stop on highways whether to fix a flat or even fix the load in the back of the truck, should always have flashers placed on the highway on each end of the truck.that is(not having flashers displayed) a violation of the highway traffic act.i hope this lady gets her closure.you know,when you loose someone in a neglective way,it just might take a ticket for closure.let the lady have her say..good luck miss porter.

  • Sam M
    July 01, 2010 - 19:56

    So the truck driver getting a $100 ticket is going to resolve her grievances?
    I expect the truck driver feels horrible anyways.
    Forgive, move on, honour his memory in positive ways, sounds like she needs some counselling and her family should not be encouraging her in this trivial pursuit.

  • David W
    July 01, 2010 - 19:55

    Do any of you know it alls maybe think he could have been forced into the truck by a passing motorist? That maybe he had to go out around the truck because it wasn't pulled off far enough as the police have said. That maybe (and very likely) if the driver had put out markers Mr. Dinn would have seen them and stopped? People, I don't believe for a second he rode into a parked truck. Something happened that somebody out there knows about and they are not saying anything. I hope they are getting counselling to deal with it being on their conscience. My opinion.

  • food for thought
    July 01, 2010 - 19:55

    What if this riding the bike collided with the truck driver standing on the shoulder of the outer ring road, is the pedestrian responsible for the injuries of the Bicyclist? Should the pedestrian (truck driver) get a ticket?

    I feel bad for the family of this fellow, but it seems to me that they are trying to crucify the truck driver for their loss. The truck driver will go to his grave with this tragedy, I'm sure he feels bad enough as it is without having to be hounded mercilessly by the family, out for their pound of flesh.

  • Sorry
    July 01, 2010 - 19:54

    Although I am sure this tragedy has been hard on all concerned and I am sorry for their loss but, the Outer Ring Road or the TCH is not really the place for persons on bikes no more than the Hwy. 401 is. Cars and trucks at 100kph. or more within a few feet of a person on a bike is rediculas. Persons on bikes should be ticketed for being out there since they are putting themselves and drivers at risk. Maybe this is not law but it should be. I assume Mr. Dinn would have been riding his bike off to the side of the driving lane and not in the lane with cars, so it is irrelevant that one tire was slightly over the line. I am sure the driver was as far over as he could be with the minimal room he had there. As for the proper markers being put out by the driver, maybe he had just pulled over a minute prior to this happening. Riding a bike out there is dangerous and Mr. Dinn unfortunately was not paying full attention to his surroundings. Again sorry for your loss but some responsibility must be assumed for even being out there.

  • B
    July 01, 2010 - 19:53

    Sorry for the loss of a life no matter the circumstances. Just wondering if the case of a ticket being issued if the victim, in the case who must not have been looking where he was going, struck and killed a jogger or someone walking back on to him? No matter what we do in life we have to be conscious of our surroundings...I wouldn't dive head first into the water without knowing if rocks were there nor would I ride a bicycle without knowing what was ahead.

    I am sure the police did a thorough and fair investigation.

  • Melissa
    July 01, 2010 - 19:53

    Where is all your compassion people. If the shoe were on the other foot, what would your reactions be, I wonder???
    Mr. Dinn had just as much right to be on that highway on a bike as any driver had. You must be the ones going 50 mph over the speed limit and talking on cell phones. Ms. Porter, hope you get what you are looking for. Mike deserves it to say the least.

  • dawn
    July 01, 2010 - 19:51

    When i heard about this accident last year I thought to myself, how does someone not see a big Kents truck did he have his head down and not looking where he was going ? It seems to me that there was some negligence there somewhere . Just a thought

  • Don
    July 01, 2010 - 19:49

    I suspect he was grazed or sided swiped by a car. This would have knocked him off his handle bars so he won't have had control. Also, the side swiping would have increased his speed. A friend of mine was side swiped a few years ago and this is what happen to him, but he was lucky as there was no parked truck to slam into. Interestingly, he suffered no injury or brusies from the side swiping car.

    Parking at the top of a merge lane is a disaster waiting to happen and these areas of the shoulder should be cross hatched to clearly indicate they are No Parking zones.

    As an experienced cyclist, I highly doubt he rode into the parked truck.

  • Jason w
    July 01, 2010 - 19:49

    Really sorry for your loss Ms. Porter.
    I got a ticket once for being parked on a side walk. I didn't think I was hurting anyone, but I guess it was a law I broke.
    Maybe parking there would have forced pedestrians to walk out around my vehicle into traffic. Certainly no one would walk into it there

    I also got a ticket another time for being parked too close to a bus stop. Even though I got to my truck to move it, the officer wrote me up anyway. I guess my parking there would have forced the bus driver to park further ahead or out further in the road I suspose, or put passegers at risk getting off the bus?

    I got a ticket another time for having my truck parked the opposite way on the wrong side of the road even though it
    was off the side of the road, not in traffic.

    All these violations I thought were petty and wouldn't harm anyone, but I guess they have the potential to harm others and are laws for this reason. I learned from my mistakes, and don't park in these areas anymore.

    Maybe a ticket would make the truck driver aware of his mistake and see the reasons why they shouldn't have pulled off where they did.