Drifting driver kills bicyclist in Scottsdale

5/23/2020 Morning, eastbound Happy Valley Rd near 91st St. An SUV driver “drifted over the fog line” and killed a bicyclist, 48 y.o. Miodrag Milovanovic.

The road in this area appears to be one lane in each direction; the exact spot wasn’t listed. Some areas have a landscaped median with very wide shoulders, other nearby areas have some uneven shoulders.

Bicyclist dies after being struck by SUV in Scottsdale on Saturday
… Milovanovic was riding eastbound on the shoulder of Happy Valley Road when an SUV, also heading eastbound, “drifted over the fog line” and struck him, said Sgt. Ben Hoster, a Scottsdale Police Department spokesperson… Impairment was determined not to be a factor in the incident, police said… This is an ongoing investigation.

Once all more serious criminal matters are ruled out; Scottsdale police should be aware the driver should be charged with 28-672 according to their statement “drifted over the fog line”. A driver who fails to keep proper lane resulting in death/serious injury is liable for that charge.

I mention this because Scottsdale has a history of not bringing this charge, for example Sean (Shawn?) McCarty was killed in Scottsdale when a driver drifted over the stripe and killed him. The driver was only cited for a civil traffic ticket and fined $420, no 28-672 charge was brought. 28-672 is NOT a serious crime, rather, it gives a judge the option of bringing meaningful corrective action to the driver’s dangerous behaviors including license suspension and even (theoretically) some jail time.

Criminal Activity

I did get a copy of the crash report (the crash form) was unable to get the police’s departmental report as of early October; I will receive it once the detectives “release” it — that it’s s still not available months after the incident indicates police have suspicion of criminal activity by the driver. The crash form indicates the driver’s license was suspended at the time. In addition to the charge mentioned above, 28-672 a misdemeanor, depending on why his license was suspended it becomes a felony (follow the link to 28-675), a class 4 or 3 felony depending on the reason for the suspension.

It was reported on ?? at clippedin.bike that Scottsdale Police are recommending a felony charge and refer to “causing death by use of a vehicle”, which presumably refers to a 28-675 charge; and notes that this will (unlike a 28-672 charge) need to come from Maricopa County Attorney’s Office.

Crash Report

The incident is not showing in ADOT’s crash database as of 7/1 but that’s not unusual in the case of a fatal investigation.

Ordered a copy of Scottsdale DR #20-08897 [had to call to get it though it was no problem, normally the file number in adot database is their DR number] on 9/24. Not sure if it’s available yet or not

The full crash report (ACR) reveals no surprises other than the narrative mentioning the driver’s license was suspended; which was not mentioned in the initial news coverage.

Driver: Failed to Maintain Proper Lane
Bicyclist: No Improper

3 thoughts on “Drifting driver kills bicyclist in Scottsdale”

  1. Thanks for pointing out the potentially applicable charge.

    It is well established that pedestrian and bicyclists deaths pose a public health “epidemic” both locally and nationally. See links:


    Many cities in the U.S. adopt “Complete Streets” programs (e.g., Tucson) to improve safety for the most vulnerable. As part of all this, it has become obvious every aspect of local government, especially law enforcement and the prosecutors’ office, need to reevaluate how they approach the enforcement and investigation of the safe use of our public right of ways.

  2. One more example, not that we need it, of how killing bicyclists is legal in Maricopa County.
    One additional unfortunate consequence of the Pandemic is cities are now going to be in serious financial trouble and they will be no money to build protected bike lanes, not that cities such as Phoenix have showed any inclination to do. Surprise, of all places, has built a real protected bike lane on Bullard from Greenway to Cactus using a raised concrete median. So it was possible to build protected bike ways, just not in Phoenix.

  3. No matter how many laws are passed they will continue to broken. However, there is one law that can never be broken – the law of physics! A three ton SUV vs a 200lb bike rider? The bike rider has no chance whatsoever.

    IMHO people who ride bikes on the streets are suicidal; the careless nature of drivers coupled with cellphones and speed and it’s a disaster.

    For you own sake, I’d suggest bicyclists find somewhere else to ride than busy thoroughfares.

    Hi Ed;
    Sorry for the delay in publishing your comment but i did want to comment on your comment.

    In traffic, as in life, everything has risk. Objectively, we see the relative risk of severe traffic injuries as a continuum with Motorcyclists (by far) the most risky, followed by Pedestrians (walking), bicyclists, motorists in cars, motorists in Light trucks (and SUVs), and finally those inside of heavy trucks / buses as having the least risk.

    To make this a bit more local: Scottsdale is a huge city with a land area of 185 square miles, yet there are ~ 10 serious injuries involving cyclists per year. Everyone gets to evaluate risk for themselves; personally I don’t find that unacceptably risky; certainly “suicidal” is hyperbole.

    Your reference to “busy thoroughfares” is a non sequitur — it is, of course, the case that most bicyclists who are injured are injured on “busy” roads. But this is also the case for everyone else traveling. Cyclist injuries account for ~ only 2% of all traffic injuries; Motorists make up, by far, the bulk (around 96%; the other 2% or so being pedestrians).
    You could theoretically improve bicyclist traffic safety almost completely; but what do you propose for the other 96% of the traffic injury problem which revolves entirely around motorists?

    — azbikelaw

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