Area motorcyclists push for negligent driving law

Just days after a horrific crash in Kane County killed two of their own, suburban motorcycle riders are rallying support for a proposed law targeting drivers who are negligent in deadly crashes.

House Bill 4738 would amend the Illinois criminal code to create a charge of negligent vehicular homicide - a misdemeanor offense punishable by up to a year in jail and a $2,500 fine.

The bill, sponsored by state Rep. William Black, a Danville Republican, has been stalled in the General Assembly since it was introduced last year. But area bikers say they want to change that.

"It's getting to the point now where I believe everybody - regardless of motorcycles being around - has to give driving their full attention," said Sean Murphy, 31, of Lisle.

Murphy and his fiancee, both motorcycle enthusiasts, were among more than a dozen motorists involved in a nine-vehicle pileup that killed a St. Charles couple May 23 near Elburn.

The double fatality happened about 8:40 a.m. on Route 47 when a rear-end crash in the southbound lanes sent a vehicle into the path of a group of motorcycle riders traveling to Wisconsin for the day.

Wade and Denise Thomas, ages 44 and 45, respectively, died when their Harley-Davidson motorcycles crashed into the car, and 12 other drivers and passengers suffered injuries that were not life-threatening as seven other motorcycles and cars collided.

Police ticketed 24-year-old Alia Bernard of Aurora for failure to reduce speed to avoid an accident.

Authorities said there was no immediate indication that alcohol, drugs or any other aggravating factors played a role in the crash.

The investigation "is going to take a while," said Kane County Sheriff's Lt. Pat Gengler. "We are not actively looking at additional charges at this time."

Gengler said Bernard's speed has not yet been determined, and blood tests are pending.

Kane County State's Attorney John Barsanti said the proposed law, if enacted, could give prosecutors something of a middle ground between a traffic ticket and a felony reckless homicide charge in instances where someone dies as a result of negligent, but not necessarily reckless, driving. In state statutes, recklessness is defined as behavior where substantial risk is "consciously disregarded," while negligence is when a person "fails to be aware" of the substantial risk of an action.

Barsanti said reckless homicide cases generally involve more than one aggravating factor, such as excessive speeding or alcohol.

"This would open it up much wider," he said. "This statute attempts to fill a hole so there's some consequence to having an accident. I think there are situations where that would apply and we would be able to charge cases we haven't charged before."

The Elburn accident brought a tragic end to what otherwise was expected to be a daylong ride in "idyllic, absolutely perfect conditions," said biker Ed Richtsteig, who along with his wife and daughter was among dozens of riders on a round-trip to rural New Diggings, Wis.

Richtsteig, whose hometown is not being identified because he works in law enforcement, said the group was an impromptu gathering of "friends and friends of friends" who met up in Batavia that morning expecting a 320-mile trek on a sunny Memorial Day weekend.

"It was just a group of people going for a ride," he said. "Visibility was perfect. We were going to be home by 6 or 7 that night."

As the Richtsteigs rode north, just outside Elburn, they followed a slight turn in the area of Smith Road. By the time they neared the intersection at Route 64, Richtsteig said his daughter noticed the other bikers were no longer behind them.

The trio doubled back about a quarter-mile and came upon the wreckage, he said.

"I heard someone say there were at least two people killed," Richtsteig recalled. "I couldn't understand it. I'm still in disbelief because I don't know how it could have happened."

In all, six people, including Bernard, were taken to hospitals. Among those to escape relatively unscathed were Murphy and his fiancee. He said he slammed on his brakes but still hit the car, which was thrust into his lane, at 10 or 15 mph.

"We just had bruises," he said.

At the scene, Murphy said, he witnessed Bernard "jumping up and down" and screaming, obviously upset, on the side of the road. Bernard could not be reached for comment.

There was camaraderie even in the carnage, Murphy said, with bikers administering first aid to the injured without hesitation.

"We couldn't have been more prepared for something like that to happen," he said. "Everybody was there to help each other."

Dean Akey, a St. Charles insurance agent and founder of Kane County's Rescue Rider motorcycle program, said the crash has hit the area biking community particularly hard.

Akey said he hopes the tragedy will spark an outpouring of support for the proposed law, of which he has been an avid proponent. He said he is asking the public to write to their legislators in Springfield, pushing for a vote on the bill.

"It gives us a middle ground for people who don't take seriously the responsibility of driving a motor vehicle, and who do harm to others," Akey said. "There is a need for legislation that gives people who are negligent their day in court."

Black, the representative sponsoring the bill, did not respond to requests for comment.