An inattentive driver nearly kills a Brookings child, and KELO-TV and the cops shift the blame from driver to child:
A 6-year-old girl was flown to Sioux Falls for treatment after a crash involving a pickup and her bicycle Wednesday in Brookings.
Brookings Police say the girl was riding through the crosswalk of a southeastern intersection when a pickup making a left turn tried to avoid her.
The girl struck the side of the truck and was taken to the hospital with what may be injuries to her lower body [Collete Stellinga, “Six-Year-Old Injured in Brookings Crash,” KELO-TV, 2026.09.03].
Let’s rewrite that for accuracy:
The driver of a pickup truck turned illegally into an occupied crosswalk, injuring a six-year-old girl who was legally riding her bicycle in the crosswalk.
That driver had no business making a left turn while anyone was in the crosswalk. There would have been no side of a truck for the little girl’s bike to crash into if the truck driver had been driving legally and safely. The driver should have looked, seen the little girl on the bicycle in the crosswalk, stopped cold, waited for the little girl to reach the other side of the street, double-checked for anyone else crossing that same street, then, once sure the way was clear, executed the turn.
Six-year-old girls and the rest of us have the right to ride our bicycles legally and safely. Automobile drivers have a legal and moral obligation to watch out and not put people traveling under their own power in the hospital. News reports of traffic crashes like this should not use language that reverses the rights and blame and suggests cars are the blameless kings of the road.
This is in no way an excuse: bicycles and motorcycles are invisible to motorists. We must over-sensitize ourselves to watch for them.
Was the girl on an e-bike? Those are an unsafe menace.
My understanding is you’re not supposed to ride your bike through a crosswalk. We also don’t know if the girl stopped before crossing. While perhaps the driver should still have been more attentive, this is why we always teach kids stop, get off your bike and walk it across. Adults should do it too.
I think more information is needed before being too hard on the driver.
Yeah, the laws on riding a bike in a crosswalk vary. Local ordinances may or may not allow it, or may allow it in some parts of the city and not in others. It’s confusing, and I wouldn’t expect nost drivers, let alone a six-year-old to understand the complexities,. I’d always yield to the kid no matter what.
Donald Pay is right. You yield to the kid. ALWAYS.
The state laws I link to above are clear: vehicles yield to any pedestrian in the crosswalk, and bicyclists in the crosswalk enjoy the same rights as pedestrians.
It says they must stop at the crosswalk first. Once again we don’t know that happened. An unfortunate situation regardless of the details. Nonetheless there are reasons why you certainly need stop first when riding a bike and while it may not be the law, we tell kids to walk their bike across.
Of course you should yield to a child, but that assumes their were seen.
On a bike, the law may be on your side, but physics is not. I ride with that in mind.
The road is not just for vehicles. Pedestrians and bicyclists are killed every day from inattentive drivers who are in a hurry to get somewhere and already drive too fast. Some are not qualified but passed the test.
I’m afraid of my car getting hit by a pickup truck, let alone while I’m walking or bicycling. I hope this young girl comes out alright and somehow the driver gets what’s coming to him.
The driver hasn’t even been cited with anything yet. This might explain why:
“The preliminary investigation indicates that a 6-year-old female was traveling eastbound on the south sidewalk of Fifth Street South through the intersection at Medary Avenue on a bicycle. At the same time, an 18-year-old male was operating a green 2002 Chevy Silverado 2500 pickup truck bearing South Dakota registration westbound on Fifth Street South making a left turn to travel southbound on Medary Avenue.
The driver of the vehicle observed the bicyclist enter the crosswalk and took evasive action by swerving to the left in an attempt to avoid her. The bicyclist struck the rear passenger side of the vehicle in the middle of the intersection.”
https://cityofbrookings-sd.gov/m/newsflash/Home/Detail/5688
Based on this, the driver was already making a turn and the child didn’t stop before crossing and ran into the car.
our legislature has been fond of trying to repeal the laws of physics when the subject is bicyclists.
They have the legal right to use the whole lane, are under no obligation to move over to the shoukder to allow faster, heavier vehicles to pass, and the faster heavier vehicles are required to give them 6′ of leeway. Any collision between a vehicle and a bucycle is therefore the fault of the vehicle operator, who is required to stay at least 6′ away at all times.
They can even ride bicycles on interstate highways. If a semi hits them, it’s the truck driver’s fault.
In this case, the fact that the bicycle struck the rear passenger side of the truck tells you who was in the intersection first. But it won’t matter, because our legislature has repealed the laws of physics.
I am familiar with that intersection. on the east side there is an elementary school, on the west side is the high school, Driving west and turning south at 2:30 PM you will have the sun in your eyes. And the whole intersection is covered with kids when school gets out. There is no crossing guard. But there are cameras in every direction, so the investigation will be revealing.
It can also be argued that a six year old is too young to be riding a bicycle in the streets unsupervised.
But this business of expecting heavy vehicles to get out of the way of lighter more maneuverable vehicles is nuts.
I was west bound one morning and there was a bicyclist in the center of the eastbound lane, apparently oblivious to the fully loaded dump truck bearing down behind him. The sun was glaring off the dump truck’s windshield so I never saw the driver’s face, I imagine he was as horrified as I was.
I was driving a little Honda Fit
The laws of the state say that the bicyclist had the right to the full width of the eastbound lane. The laws of the state say my Honda had the right to the full width of the west bound lane. The laws of physics told me I had to get the hell out of tbe way, so I pulled off into the ditch and came to a stop.
When the dump truck blew past him in the westbound (my) lane, the bicyclist, still peddling merrily in the center of the eastbound lane, gave me a sheepish look and a wave.
Adults on bicycles are dangerous enough.
Cory, the law may be on your side. And if the driver who killed you has good insurance, your family may get a nice settlement. But you will be dead. If you
want to be safe, ride where traffic is light. I know you are partial to bikes
but you owe it to yourself and your family to be realistic.
Algebra, I want to say that a bicycle cannot ride on the interstate highway unless it is traveling at 45mph (the minimum highway speed). I was pulled over once (a long time ago) by the highway patrol for this infraction. I was allowed to continue on the shoulder.
you may rude on tbe shoumder of the interstate but id a semi blows past you at 70-80 mph, you will be sucked into the travel lane.
It’s physics.
Bicyclists need to be aware of the laws of physics and shut-the-hell-up about the traffic laws.
I have a six year old granddaughter and she is not allowed to ride her bicycle to school. She has to stay on the sidewalk. The only time she is allowed to get off the Brookings city bicycle paths is when she is cycling with her parents.
if for some reason there is a lawsuit against the 18 year old driver, a good lawyer will argue the child’s parents shpuld have not put their child at risk
Algebra—“It can also be argued that a six year old is too young to be riding a bicycle in the streets unsupervised.”
You can argue that, but a six-year-old may not be listening. That’s why drivers have to be extra careful. They are old enough to understand the laws of physics, kids that old don’t.
Do grade school students still have school assemblies where they get instructions on good bicycle riding? I remember we got these every year at Mark Twain in the 1950s to early 60s. And my daughter had similar assemblies 30 years on.
My guess is the child made the unfortunate mistake of not stopping at the crosswalk as the law states. The driver made the unfortunate (but not careless) mistake of not noticing something a more experienced driver might have. Hopefully they both get the care the y need. If there needs to be a crossing guard there (a job I did for 10 years), then put one there. If there needs to be a bike safety assembly, then have one.
I would not allow a six year old to walk by herself to school. Riding a bicycle is definitely out of the question. It’s too dangerous.
no doubt the driver’s insurance company is going to question his liability in this.
and I found it: from the SD Office of highway Safety and the SD EMS for children, under rule number 7:
“Young children, typically under the age of nine, are not able to identify and adjust to many dangerous traffic situations, and therefore, should not be allowed to ride in the street unsupervised.”
Got it? Don’t let a children under the age of nine ride their bikes to school.
…none of which, Algebra, changes the driver’s moral and legal obligation to yield to any pedestrian or cyclist, regardless of age, in a crosswalk. The driver was careless and never should have turned into the crosswalk. Liability is entirely on the driver.
Cory, you would certainly be correct if the KELO reporting was accurate. However, if you don’t know, KELO’s writing is often poor and imprecise. I suspect the city of Brookings’ statement is more accurate, which indicates the child was not in the crosswalk when the driver started making the turn. Could he still have liability? Perhaps, but notice he hasn’t been cited, which throws doubt on your legal argument. It’s starting to sound like his attentiveness may have saved her life. As a former crossing guard I can imagine many drivers older than this 18 year old who wouldn’t have avoided a worse accident. Unless new information comes out, calling him careless is unfair.
Cory, he did attempt to yield the right of way to the bicyclist, and she ran into him anyway.
She hit his rear passenger side. For that to happen, he had to have been in the intersection first, and had to have already made the turn.
She had the more maneuverable vehicle and the shortest stopping distance, and she hit him anyway. But the law says the vehicle operator should have prevented the accident
This is an example of the state laws trying to over-ride the laws of physics.
He has not been cited.
There are cameras in all four directions at that intersection.
How long does it take to review the camera footage, obtain a toxicology results from the driver, and check his license, insurance and registration?
In other accidents I have noticed the news media wastes no time in checking out a driver’s record. Had there been previous citations, i think we’d be hearing about them now.
I am wondering if CPS is also looking into the child’s family situation to find out why a child that young was riding her bicycle unsupervised. SHE WAS TOO YOUNG TO BE RIDING WITHOUT SUPERVISION. For that matter, she was too young to be walking to and from school by herself!!