The case against Kelly Cox, the motorist accused of driving drunk, with an amazing 0.28%BAC, and killing cyclist Chip Henry, was set for trial today, January 23, 2012. Numerous subpoenas had issued and the Henry family assembled for the ordeal that criminal trials are for the families of those killed. Instead of starting trial, though, they discovered that last minute plea deal negotiations were underway. Today, a few hours later, Kelly Cox plead guilty to the key crime – Aggravated Vehicular Homicide – and other crimes.
Got RIGHTS? Get a Bike Lawyer...
Steve Magas, Ohio's Bike Lawyer
Don't let a bicycle crash turn your life Upside Down! Lost wages and medical bills pile up while you are in pain. The last thing you need is to be taken advantage of by an insurance company.
Steve Magas, The Bike Lawyer, has been protecting the rights of riders for more than 25 years. Steve has handled more than 200 "bike cases" including wrongful death and brain damage cases, and accidents causing riders to suffer major injuries, fractures, disk injuries, back injuries, neck injuries, surgeries, road burns, clavicle and scapula fractures, rotator cuff injuries and more. Steve provides a FREE CONSULTATION to discuss your claim. Call him at 513-484-BIKE [2453] or write to him at bike lawyer [at] aol dot com to discuss your crash TODAY!
UPDATE – KELLY COX PLEADS GUILTY TO KILLING JUDGE CHIP HENRY
Filed under: Accident Reconstruction, Alcohol, Bicycle Gear, Bike Law 101, Conspicuity, Criminal Motorists, Distraction, Motorcycle Gear, Statistics, Touring
10 Reasons Motorcyclists Don’t “Wave”
Filed under: Accident Reconstruction, Bicycle Gear, Bike ART, Bike Law 101, Distraction, FuNnY StUfF, Statistics, Touring
The “wave” is ubiquitous to motorcycling… you approach an oncoming rider, you do the “wave” – sometimes it’s arms out or hands down or fingers pointed or whatever… but waving is certainly accepted…
Here, though, is a pretty nice list that compares the [alleged] reasons why the owners of certain types or brands of motorcycles don’t wave… enjoy!
[I apologize to whoever wrote this first - I've seen it on so many sites and places that I've lost track and can't credit the appropriate original, and obviously very funny, author]
Top Ten Reasons Not To Wave.
“I AM Traffic” – Getting Out of a Ticket & Revisiting AFRAP
Filed under: Accident Reconstruction, Alcohol, Bicycle Gear, Bike Law 101, Conspicuity, Criminal Motorists, Distraction, Statistics, Taser Cases, Touring
I got a call the other day from a fellow, Brent Nimmo, who is an AVID cyclist in the Columbus, Ohio… well… “avid” probably isn’t a strong enough adjective – passionate bordering on fanatical maybe? This is the story of how this 54 year old diabetic talked his way out of an “impeding traffic” ticket by proclaiming “I AM Traffic,” and maybe, just maybe, educated an Ohio State Highway Patrol trooper.
FIND THE BIKELAWYER ONLINE
Filed under: Accident Reconstruction, Bicycle Gear, Bike Law 101, Criminal Motorists, Distraction, Motorcycle Gear, Statistics, Taser Cases, Touring
A few months ago I had the absolute pleasure of having a conversation with Ann Fisher about Bikes and the Law. Ann’s very popular radio show followers happened to be listening and, lo and behold, a tape was made – or whatever substitutes for digital “tape” these days…
You can listen here.
I took second billing that day – to Pulitzer Prize winner Doris Kearns Goodwin! I’ll take THAT any day!
Enjoy!
KELLY COX SEEKS NEW VENUE, COMPETENCY TESTING & SUPPRESSION OF ALCHOL TESTING
Filed under: Accident Reconstruction, Alcohol, Bicycle Gear, Bike Law 101, Conspicuity, Criminal Motorists, Distraction, Statistics, Touring
In Geauga County Kelly Cox has been charged with driving drunk – with a HUGE BAC – and killing Judge Chip Henry. She recently filed three motions asking the court to
- move the case to a different venue.
- determine if she is comptent to stand trial and
- suppress the alcohol testing.
You can read the motions here.
PRISON FOR STEVE BARBOUR’S KILLER – ED MILLER
Filed under: Accident Reconstruction, Alcohol, Bicycle Gear, Bike Law 101, Conspicuity, Criminal Motorists, Distraction, Statistics, Touring
Regular readers know that I have written quite a bit about the Ed Miller case and was also asked to write an Op-Ed piece in the Columbus Dispatch about cyclist/motorist tensions stemming from the case. Miller is the motorist who went out partying with his buddy, Columbus TV personality Gabe Spiegel, in July 2008. They drank and went to an all-night, BYOB strip club. Before leaving the club they did a self-assessment and, like many drunks, Miller decided he was “OK to drive” at 5:00 am or so… and off they went. A bit later, Miller came up on cyclist Steve Barbour, hit Steve from behind, and killed him.
His first criminal trial resulted in a hung jury. As the jury was being seated in his second trial, Miller elected to cut a deal. He plead guilty to a slightly less charge of causing a death while driving recklessly and to a DUI charge. This past week Miller was sentenced to three [3] years in prison on the felony and six months on the DUI.
In Florida – Judge Allows Punitive Damages in TEXTING Case
Filed under: Accident Reconstruction, Alcohol, Bicycle Gear, Bike Law 101, Conspicuity, Criminal Motorists, Distraction, Motorcycle Gear, Statistics, Touring
James Caskey was killed in 2008 while riding his bike in Florida. His estate sued the Lawrence Daniels, the motorist that hit him – nothing unusual there, happens all the time. The twist in this case is that Caskey’s estate claims Daniels was texting at the time of the crash – and the judge has ruled that evidence of texting is sufficient to allow the jury to consider PUNITIVE damages as well as the usual compensatory damges. This is, it is claimed, a case of first impression in the United States.
Cyclist Killed in Hamilton, Ohio
Filed under: Accident Reconstruction, Bicycle Gear, Bike Law 101, Conspicuity, Criminal Motorists, Distraction, Statistics, Touring
Not many details yet, but a cyclist was killed around 7:15pm October 14 in Hamilton, Ohio. According to one news report:
“…At 7:17 p.m. Friday, a man was crossing the road in front of 2039 South Erie Highway when he was struck by vehicle traveling north on Erie Highway, according to the Hamilton Police… The victim was transported to Ft. Hamilton hospital where he died. The victim’s name has not been released and the accident remains under investigation…”
UPDATE - CYCLIST IDENTIFIED
The cyclist killed in Hamilton, Ohio has been identified as 66 year old Earl Taylor, of Hamilton [NOT "56 years old" as reported in all media reports]. The crash is still under investigation. No charges have been filed. The motorist stopped and helped until police and EMT’s arrived. A website has been set up to help Earl’s family with funeral expenses.
ED MILLER PLEADS GUILTY – How can YOU Participate Now?
Filed under: Accident Reconstruction, Alcohol, Bicycle Gear, Bike Law 101, Conspicuity, Criminal Motorists, Distraction, Motorcycle Gear, Statistics
Steve Barbour was a beloved Columbus cyclist. He was a retired civil engineer from O.D.O.T. A long-time member of Columbus Outdoor Pursuits, he had been a ride leader since the 1980′s. He was on his way to lead a C.O.P. ride the morning he was run down and killed by Ed Miller.

Steve Barbour Ghost Bike
To The TWITTERSHERE and BEYOND!
Yes, yes, it’s true… the Bike Lawyer is in the Twitter House. You can find me @ohiobikelawyer through Twitter. I’m still working on controlling my thoughts to 140 characters… not so easy when you have an unlimited white board available on this page!



