Campbell County judge laments lack of civility on area roads

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RUSTBURG — A traffic case in general district court between a bicyclist and a motorist Tuesday mirrored a larger trend playing out on area roads.

It earned one man an assault conviction and a $750 fine. Area drivers earned an admonishment from Judge Patrick Yeatts, who decried the increasing lack of civility he sees not only in the courtroom, but on the roadways.

The judge said he can’t drive between his home and the Campbell County courthouse without seeing someone get cut off, someone talking on a cell phone, drivers getting angry and folks swearing at each other.

“It’s unfortunate … I guess that’s our culture today,” Yeatts said during sentencing.

A safety advocate for AAA as well as an avid area cyclist — who were not part of Tuesday’s hearing but were interviewed later in the day — agreed that courtesy and common sense can help avoid these confrontations. They also agreed that a sense of entitlement to the roadway may be keeping both groups from driving more sensibly.

The case stemmed from an April 16 confrontation between cyclist Suzanne Rodemann and driver Douglas Sherwood.

Rodemann, of Evington, testified she was riding her bike on Town Forks Road in Campbell County near Leesville Road. After one car passed her, she said, another driver came up behind her, honking persistently.

She said the driver eventually passed, moving very quickly, and came so close that the wind pushed her bike toward the edge of the roadway.

She started to wave, she said, but then decided to give him the “one finger wave,” as Sherwood’s lawyer, Glenn Berger put it.

Rodemann told Yeatts that Sherwood stopped his pickup truck in the road, blocking her path, then got out and walked toward her.

“He said he had the right to kill me,” she testified.

Sherwood denied making such a threat.

The Forest resident said he followed Rodemann for nearly three-quarters of a mile at 10 mph. Instead of moving over as she had told the judge, Sherwood told the court the bike rider stayed in the middle of the lane. He said he was afraid a distracted driver would end up rear-ending him because he was moving so slow.

When he finally was able to pass, she shook her fist at him and cursed him, he said.

That’s when he pulled his truck off the road and got out, he said.

“I went back there to give her a piece of my mind,” Sherwood testified. “I told her she had no right to put my life in danger.”

Once he realized Rodemann was a woman, he said, he got back in his truck and left. Rodemann said he left when she grabbed her phone to call 911.

“I left because I didn’t do anything wrong,” Sherwood said.

When questioned by the prosecutor, he acknowledged that at 6-foot-3 and more than 200 pounds, he was much larger than the 5-foot-8, 130-pound Rodemann.

“I’m sure that I scared her,” he said. “I didn’t mean to.”

Yeatts convicted Sherwood of improper driving, a traffic offense, and assault, a misdemeanor. He fined him a combined $750.

Sherwood immediately appealed the convictions.

Yeatts found Rodemann not guilty of riding her bicycle in an unsafe manner because there was no independent testimony to support either of the conflicting versions of where she was in the lane.

But he did have a caution for her.

“I don’t know if it’s wise, ma’am, if you’re riding the bicycle, to give a person in a vehicle the finger,” Yeatts said.

Randy Green, safety manager for the AAA Mid-Atlantic auto club, said drivers need to understand bicyclists have a right to be on the road so long as they’re riding with traffic and doing so safely.

“People lose their patience too often with older people and bicyclists,” Green said. “Wait till you reach the first place you can safely get by and don’t endanger the person who is going slower.”

Too often drivers get impatient and stare down slower drivers and cyclists as if they’re doing something wrong, he said.

“People in their hurry-hurry world can’t stand the fact they get behind something,” he said.

Bicyclists should be considerate, too. Some have the attitude that they shouldn’t have to pull off the roadway if they’re impeding traffic and cars are starting to pile up behind them, he noted.

Paula Dahl of Forest said she has been cycling for 20 years. Dahl, who knows Rodemann and who also rides on Town Forks Road, said she rode more than 13,000 miles on her bicycle last year and is no stranger to road rage expressed toward bicyclists.

“I ride five days a week,” she said. “I probably have an instance of someone tooting at me, yelling at me to get off the road, once or twice (per week),” she said.

She said she believes drivers and bicyclists should share the road. If cars are backing up behind her, she said, she will pull off into a driveway. However, she said, she’s found her attitude isn’t shared by the many cyclists.

“Most (riders) won’t pull off into a driveway,” she said. “I don’t want to speak for the masses, but you lose all your momentum if you’re doing that.”

With the region’s scenic cycling opportunities, she said she hopes the case will make all who use the public roads think about being more courteous.

“It’s just a matter of the cyclist and the motorist getting along … respecting one another,” she said. “The cyclists have the right to be on the road, but along with that right, it takes some responsibility.”

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Reader Reactions

Flag Comment Posted by Midtown business on July 18, 2009 at 8:05 pm

Purr4,

You need to read and comprehend what you quoted on Virginia Law.
This isn’t about riding on interstate highways or others roads that bikes are prohibited. I have never seen a bike on the 29 Expressway and I doubt if many people have.

Most cyclists ride to the right, most bikes have lights and reflectors.You know I have never seen a police officer pull over a bike rider.

My son is an avid bicycle rider, both mountain and street.My brother rode motorcycles and bicycles for 43 years. Safety has always been a major concern to both of them. Their biggest complaint is that many truck and auto drivers are impatient and inconsiderate.

Everyone need to learn to share the road.

Flag Comment Posted by Purr4 on July 18, 2009 at 7:57 pm

Judge Yeatts also needs to go back and study the Constitution of the US a bit better.

Flipping the bird, is actually covered under the 4th amendment, and is constitutionally protected free speech.

Flag Comment Posted by Purr4 on July 18, 2009 at 7:41 pm

Actually, I am correct. Bicycles do NOT have all the same rights as a Car to drive on the roads.

46.2-808 - Virginia may prohibit the use of controlled access highways to Bicycles

46.2-908 and 908.1 prohibits any bicycles on any Virginia Interstate Highway System or any highway

46.2-904 any governing body of any city may prohibit the use bicycles in many areas.

46.2-905 - bicycles must ride as close to the normal speed of traffic, if riding in normal lanes otherwise they are to ride to the extreme right curb or edge of roadway,

46.2-1015, 1066 - all bicycles must have front and rear lights

Insurance is suggested 46.2-894,895,896 - accident with no insurance is a Felony on a bicycle

other bicycle laws 46.2-100,800, 830,839,846,847,849,856,857,903,904,905,906,906.1,907,914,915.2, 932,100,1015,1051,1066,1078,1081

I am sure I have missed a few, but I am sure that you get the idea.

If you ride a bicycle on a road in Virginia, you are treated as a car or truck and have to comply with ALL related laws.

Insurance, inspections and license (in some cities and towns), and all safety requirements.

These laws are designed to discourage riding on roads.

Not my laws, these are Virginia state laws that apply to anyone that rides.

My point is that the bicyclist in question: may not have had reflectors, headlights, tail lights, brakes, a horn, insurance, a license, tags, a helmet, goggles, or a slow moving vehicle sign,

So, she was breaking Virginia law.

Once again the trucker was right. I am sure that this will be proven on his appeal.

Flag Comment Posted by jtardy2003 on July 18, 2009 at 7:22 pm

Purr 4

Cyclist do pay taxes:  And for your knowledge most cylcist do own cars (duh!) we work, buy goods and services and yes this includes TAXES!  I will ride on the road whenever and where ever I can and granted I ride far right, wear a helmet, light and use hand signals and if I have to finger gestures.  I would like to say thanks to the 75% of drivers who share the road.  Just because I decide to ride a bike to stay healthy does not mean I should have to stay off the road. 

After reading a lot of the post I agree with Midtown business I work in outside sales I drive 40-50 thousand miles a year, and I have to say the other 25% of Virginia drivers are the worst!  You feel you own the complete road and don’t have to share.  It is sad to think just because you decide to drive a car you own the road, typical!

Lastly to the article’s writer you should not of written such a one sided article!  You should of written the complete case details including using the VDOT’s testimony in your article!  Once again media biased at work!  This is why I do not support your paper and spend any money trying to keep your doors open!!

Flag Comment Posted by Imprimis on July 18, 2009 at 6:54 pm

Purr4-

You sort of show your ignorance of Virginia law when you say it’s illegal for bicycles to ride on the highways.

It’s not.  It’s perfectly legal.  Bicycles have the same rights and responsibilities that motor vehicles do in Virginia (except on limited-access highways that are so labeled).

You sound like the type that will be the next one to use your big, bad automobile or truck to threaten a bicyclist, just because you don’t like them ...

Flag Comment Posted by Midtown business on July 18, 2009 at 4:50 pm

Purr4
I know Virginia law. I’ve been driving four decades and I know in Europe, where bikes and scotters prevail, drivers are considerate of one another.If you can’t be considerate of others, and have the attitude you do, please post a road rage sticker on your car so everyone will know to watch out for you!
I doubt the truck driver will win on appeal.

Flag Comment Posted by Purr4 on July 18, 2009 at 4:15 pm

As far as taxes and bicycles go, the other poster needs to read the laws again.

Bicyclist pay NOT personal property tax on bicycles, no fuel tax (they do not use gas fuel), no license tax, and cannot be ticketed due to not having a drivers license (ID does not count).

It is all these taxes that pay for roads and road repairs.

I do not have a problem with cyclists that ride in town, on slower streets, or off hours, when they are not in the way of regular auto and truck drivers.

However, insisting on riding on the roads, in rush hour traffic, or on rural roads or highways, is just stupid.

Flag Comment Posted by Purr4 on July 18, 2009 at 4:02 pm

Just a FYI. I have driven in 48 states and 10 foreign countries, for the past 26 years. I have held drivers licenses in 5 US states. I average between 40-75,000 miles a year. I have driven this much mileage in Virginia, every year for the past 8 years.

My knowlege is based on almost 3 decades of experiance. Unfortunately, very few drivers in Virgina can say this. 

I would suggest you spend more time reviewing Virginia laws before spouting off at others.

Flag Comment Posted by Midtown business on July 18, 2009 at 3:48 pm

purr4
You and the truck driver should look into anger management courses You are a danger to anyone else on the road! Talk about road rage…

Flag Comment Posted by Purr4 on July 18, 2009 at 3:39 pm

In Virginia, bicycles should stay OFF the roads. Here in Virginia, it requires a license to drive on a public road. If you cannot obey the road rules then stay off the road.

Road rules - if the speed limit is posted, you should be doing no slower than 5MPH under the limit. Doing less than this is stupid, and is not legal in Virginia.

If I flash my lights or honk my horn when I am behind another driver it is because he is being stupid.

Weaving across double yellow, talking on a cell phone, eating anything, wearing dark glasses at night, putting on makeup, pulling into busy on coming traffic without looking, driving WAY to slow, driving erratically, stopping at a green or yellow (this is yield sign,  NOT a stop sign !!!!) light, or being unable to maintain a steady speed, based on road conditions.

Their are far to many drivers in Virginia that should be off the roads.

If you are driving a bicycle you need front lights, rear lights, reflectors on the wheels, and reflective clothing on. If you don’t have all of this, you are just another stupid driver - that deserves to get lights flashed at, honked at, and flipped off.

If you insist on riding a bicycle, on a rural road or highway where the posted speed limit is 45 to 60 MPH, sorry, but your just being stupid. This is not only illegal (max speed of a bicycle is about 20-25 MPH), but you are putting other drivers at risk with your stupidity.

On appeal, the truck driver will have these charges dismissed. Unfortunately, he was correct and the cyclist was wrong.

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