Court: Trucker at fault for hitting cyclist

SANDPOINT — A judge found a Coeur d’Alene crane truck driver at fault Wednesday for colliding with a cyclist on Sagle Road last spring.

Joseph Ronald Laufenberg was ordered to pay a standard $75 fine for failing to exercise due caution to avoid striking Susan Mary Demko on May 20 near the Garfield Bay Road turnoff.

Judge Barbara Buchanan found Laufenberg guilty following a bench trial in the magistrate division of 1st District Court. The offense was only an infraction, although the trial had some of the trappings of a high-stakes proceeding — a scrappy defense, multiple witnesses and onlookers in the courtroom gallery.

Laufenberg, 38, was exiting a curve in the narrow county road and heading west when he crossed paths with Demko, who was pedaling a road bike in the same direction. Demko, 51, of Sagle, was struck by the wheel-mounted crane and had to be airlifted to Kootenai Medical Center for treatment.

The trial was almost over before it started because the Idaho State Police trooper who investigated the accident was not present when the case was first called. Laufenberg’s attorney, Todd Reed, moved for a dismissal based on the absence, but Buchanan declined the motion.

Two other cases involving another absent trooper, however, were dismissed because the state was unable to proceed without him.

Demko took the stand as a state’s witness and testified that she only remembered planning her cycling route and waking up in an emergency room.

“I don’t recall the accident,” she said.

The investigating trooper, Cpl. Terry Ford, testified that neither speed nor weather conditions factored into collision and estimated that Laufenberg appeared to have about 200 feet of unobstructed view after passing through the apex of the curve.

Ford said Laufenberg advised him that he did not see Demko until it was too late and swerved in an attempt to avoid hitting her.

Reed advanced another motion to dismiss, arguing that Bonner County Deputy Prosecutor Roger Hanlon had fallen short of proving the elements of the offense beyond a reasonable doubt. Buchanan declined the motion, prompting the defense to call Laufenberg as a witness.

Laufenberg estimated that he had only about 100 feet of visibility and testified that he rounded the curve at about 20 mph and was not distracted by anything, such as another vehicle or his mobile phone. However, he was unable to say why he had not seen Demko any sooner than he did.

During closing arguments, Reed emphasized that collisions happen even when caution is exercised.

“I don’t see any evidence that Mr. Laufenberg didn’t act with reasonable due care,” said Reed.

During his final remarks, Hanlon argued Laufenberg ultimately had the responsibility to avoid hitting Demko.

“He didn’t see it, but she was there. That is a clear definition of failing to exercise due caution,” said Hanlon.

Buchanan ruled in favor the state, saying there was no rational explanation why Laufenberg did not see Demko other than he was not paying close enough attention.

More than a dozen members of the Pend Oreille Pedalers showed up to support Demko. A member of the cycling group, Yvonne Savarise, praised the verdict because it affirms the rights cyclists have on the road.

“It’s a great day for cyclists,” she said.