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'Inattention' cited as factor in fatal collision

Keith KINNAIRD<br | Hagadone News Network | UPDATED 15 years, 11 months AGO
by Keith KINNAIRD<br
| January 12, 2010 8:00 PM

SANDPOINT — Driver inattention is the only contributing factor listed in a collision that killed a pedestrian last fall, according to an Idaho State Police report.

However, it remains unclear if the motorist, Mark Harley McElroy, will be charged or cited in connection with the crash at Fifth Avenue and Cedar Street on Nov. 19, 2009.

McElroy, a 49-year-old from Sagle, was westbound on Cedar and stopped at a red light on Fifth. He then turned south onto Fifth, where he struck Anthony James Joerger, 46, of Sandpoint.

Joerger, a member of the city’s Pedestrian Advisory Committee, was walking westbound across Fifth in a crosswalk. State police have previously stated the pedestrian crossing signal was in Joerger’s favor.

An ISP vehicle collision report obtained by Councilwoman Carrie Logan indicates McElroy was turning left on a red light.

The only prohibition against turns on red lights at that intersection applies to motorists who are on Cedar and turning north onto Fifth.

The collision happened at 5:12 p.m., after sunset and during rush hour. Although there are overhead lights to illuminate the intersection, some were either completely dark or faintly lit.

McElroy passed field sobriety tests and a blood draw on Joerger detected no alcohol in his system, according to the trooper’s report.

The only contributing circumstance in the collision listed in the report is “inattention” on the part of McElroy.

Logan said she’s seeking further information about the crash from ISP.

“There’s nothing about a failure to yield and I question that because he had the red light and Anthony basically had the green light,” Logan said.

Joerger’s death has renewed concerns about safety at the seven signalized intersection within city limits. The concerns were highlighted again on Thursday, when a minor-injury collision involving a pedestrian and a motorist occurred at U.S. Highway 2 and North Division Avenue.

Members of the pedestrian committee have raised concerns about the safety of that intersection for at least the last several years.

Police Chief Mark Lockwood did not return a call Monday seeking information about Thursday’s collision. A formal request under Idaho’s public records law for the police report was filed on Tuesday.

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