by Rynski on Nov.03, 2009, under Day of the Dead, crash, life, pedestrian
Struck by truck: Mark Edward Mayercik, 43
Mark Mayercik, 43, died Oct. 31 after being hit by a pickup near Northwest Medical Center several days earlier.
Mayercik had been in a crosswalk but crossing against the light when he was hit, said Pima County Sheriff’s Department spokeswoman Deputy Dawn Barkman. She said the truck had the green light and right of way when the collision occurred.
Mayercik’s aunt, Christina Brooker, said her nephew was on life support following the tragedy and, due to his massive injuries, his life support was discontinued on Oct. 31.
She said Mayercik was thrown over the top of the truck and through the windshield, landing in the vehicle’s front seat.
Mayercik had been leaving Northwest Medical Center, 6200 N. La Cholla Blvd. near West Hospital Drive, when he was hit. He had been walking to a bus stop after his appointment for a previous back injury, his aunt said.
No further details were immediately available, such as if any citations were issued.
Do you know anything about Mark Mayercik? Please comment below.
24 Comments for this entry
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November 3rd, 2009 on 12:50 pm
Sorry for his family and sorry for the driver. Traumatic for both sides.
November 4th, 2009 on 12:50 pm
The driver never called once to check on his victim.
I don’t feel too sorry for him.
November 5th, 2009 on 7:11 am
Hello Michael,
I don’t know either person in this situation, so I won’t try to speak for them. I do know that if I hit a person with my car, I would be devastated and could hardly with with that memory.
I don’t think I could leave the hospital if I was the cause of someone to be there.
November 5th, 2009 on 10:49 am
Hi Mousey,
I totally agree with you that I’d be visiting the victim I accidentally hurt although it might be too painful to stay there indefinitely. I just know that Mr. Rhoades, delivery manager at Lowes on Oracle, could not have cared less. He was probably more concerned with the damage to his grayNissan truck which he likes to drive around hospitals at inordinately high rates of speed.
Thanks for caring,
Mike
November 4th, 2009 on 5:34 am
Mark was simply trying to cross the street to catch the bus which only comes once an hour there in front of the hospital. The fact that the light was against him should not matter when two other drivers saw him crossing and stopped to allow him to catch the bus. The third, driving in the fast lane, a Mr Bernard Rhoades, delivery manager at Lowe’s on Oracle, smashed into Mark at such a high speed as to hurl him through his windshield even after skidding completely across the intersection.
This was a hospital zone for goodness sake!!! Is speeding in a hospital zone and killing a patient leaving the hospital via crosswalk not a crime in Tucson. Something is wrong here!!!
November 4th, 2009 on 6:14 am
How fast was Mr Rhoades going? Windshields do not break at the kind of force a pedestrian would make unless that truck was going well over the speed limit. So if the other vehicles stopped for Mr. Mayercik, did Mr. Rhoades think that his “right of way” was more important than “right to life, liberty, and the pursuit of happiness?” I cannot believe this man was not charged!
November 4th, 2009 on 9:06 am
Mark was just trying to cross the road to catch a bus. Since when do vehicles have the right of way over a pedestrian?! This is ridiculous and he should be charged. Especially for Mark to have gone into the driver’s seat, this man was obviously speeding.
November 4th, 2009 on 11:30 am
After researching the State of Arizona’s annotated code, I would suggest the following be considered;
The prima facie evidence suggests that Mr. Rhoades was travelling at a speed greater than was reasonable (as evidenced by Mr. Mayercik’s massive injuries and impact into Mr. Rhoades windshield). Under Article 6, Sec 28-701 it states, “A person shall control the speed of a vehicle as necessary to avoid colliding with any object, person, vehicle or other conveyance on, entering or adjacent to the highway in compliance with legal requirements and the duty of all persons to exercise reasonable care for the protection of others.” A special hazard exists with respect to the presence of pedestrians in any zone as covered under this same section of Arizona law! Additionally, Sec B of the statute provides for the following speeds as prima facie evidence of excessive speed;
1. Fifteen miles per hour approaching a school crossing.
2. Twenty-five miles per hour in a business or residential district.
3. Sixty-five miles per hour in other locations.
What is the posted speed limit in this area? It seems fair to presume, that Mr. Rhoades was not exercising reasonable care for the protection of others based on current Arizona statutes. Furthermore, under Article 5, Sec. 28-6 A, “a person who drives a vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving.” This is a class 2 misdemeanor!
Notwithstanding these Arizona provisions, every driver of a vehicle shall, “exercise due care to avoid colliding with any pedestrian on any roadway and give warning by sounding the horn when necessary”, see Article 10 Sec 28-794. Did any of the witnesses observe Mr. Rhoades sounding his horn prior to striking Mr. Mayercik? If not, I am deeply concerned about Mr. Rhoades seeming lack of regard for pedestrians in general!
Mr. Rhoades caused the death of this young man by the use of his vehicle which is a Class 4 Felony under Article 4, Sec 28-675. There remain many lingering questions such as; Was Mr. Rhoades given a field sobriety test immediately following the accident? Since the other two drivers were able to stop, what impaired Mr. Rhoades? Was it simply willful neglect and reckless driving by speeding excessively or did something impair his abilities? What charges, if any, have been filed against Mr. Rhoades either criminal or civil? I believe this family deserves answers from the local authorities. Has there been a thorough review of the traffic monitored CCTV cameras located in this area?
I hope the City of Tucson and its citizens demand a full and complete investigation into this tragedy. Mr. Mayercik did not have to die…
November 4th, 2009 on 12:54 pm
Mark is our nephew and we are just devastated over the loss. Mark was a great man with a lot to give to those who knew him and got to meet him, and he will be forever missed. Mark lost his father a few years back and was devastated at his loss. Mark now is in good hands and is now joined with his father whom he loved very much.
As for the man who hit Mark I hope there will be a full investigation into this matter, as it would appear he was not paying attention to his surroundings as two cars stopped for Mark why not Mr. Rhoades ?
November 4th, 2009 on 12:57 pm
It’s because Mr. Rhoades couldn’t stop because he was speeding.
J-walking is a crime too but speed kills so which is worse?
November 5th, 2009 on 2:48 pm
Sorry Christina.
I hope you and your family can endure the pain of losing a loved one so unexpectedly.
I’ll be thinking of you.
November 4th, 2009 on 1:57 pm
Forgive me in advance, as this is a tragedy, and I can’t imagine the pain the family is going through right now.
Why didn’t Mark “look both ways” before crossing the street? I understand he was trying to catch a bus…but surely if he would have checked for oncoming traffic, he would still be with us today. Is catching a bus so that you don’t have to wait another hour really more important than your safety (or life)?
At the same time, the driver that hit Mark should have been more aware of his surroundings. We all know how easy it is as a driver to become distracted. Sadly, the moment we get distracted is often the moment of impact.
Unfortunately, this was a terrible result of both parties not doing their part to ensure pedestrian safety. I apologize to Mark’s family if they take offense to this post, but please know that I’m not pointing fingers, or taking sides. It’s easy to place blame on someone, especially in situations like this.
Don’t waste your time being angry with the driver, I’m 99% sure he’s not a heartless person you all make him out to be. If he’s any normal human being, he’s feeling a lot of guilt right now, and not sure what to say to Mark’s family.
November 4th, 2009 on 2:12 pm
Mark was partially handicapped and not quite the rocket scientist I’m sure you are so the oncoming truck was simply coming too fast from a blind spot for him to see it while running across the road in the crosswalk focused on the bus as the other two cars were blocking his clear view of the center lane in which Mr. Rhoades was speeding towards.
May I point out that your argument has been put before legislation in several progressive states and shot down. Perhaps it’s time for AZ to get into the 21st century. Pedestrian ALWAYS deserve the right of way!!!
And again Mr Rhoades never once called to check on his victim’s status so he wasn’t that concerned. I know if I almost killed someone I’d be sending flowers.
November 4th, 2009 on 2:41 pm
Whether or not my ”argument” gets shot down in a case doesn’t matter to me. I pointed out (or tried to) that each person holds some fault to this tragedy. I also agree that pedestrians should always have the right of way, but crosswalks and their signals are there for a reason. They are there to keep pedestrians safe. Do they always work? No, but they definitely do help.
I would be sending flowers too, but not everyone is the same. I have a friend who hit a pedestrian and he didn’t send flowers, or make contact with the guy, because he just didn’t know what to say to that person. Is it possible that Mr Rhoades just doesn’t know what to say to Mark’s family?? Some people just aren’t strong enough emotionally to handle this kind of thing. He’s in a tough spot, mentally, right now…as is Mark’s family.
There are a lot of emotions flying about, and it’s obvious from these comments. I wasn’t trying to stir those up. I really do have sympathy for Mark’s family. He was in the wrong place at the wrong time, as cliche as that sounds. It’s obvious he has family and friends who care for him deeply.
November 5th, 2009 on 5:49 am
If pedestrians ALWAYS have the right of way, then only one person holds fault in this tragedy, the driver. I guess I was wrong about your being a rocket scientist,
Sadly in Arizona pedestrians do not always have the right of way, only in certain crosswalks, and I dont think hospital crosswalks currently fall into that category. Although they should.
The real problem here is that the driver was not cuffed on site when there was more than enough evidence that he was speeding, namely the fact that Mark ended up in the driver’s front seat after crashing through his window. Additionally,there were skid marks crossing the entire length of the six lane intersection before the impact. Slam on the brakes at 45mph and see how long your skid marks are.
If anyone breaks the law and this results in someone else’s death, they should be put in prison.
November 4th, 2009 on 7:27 pm
Mark probably Would still be with us today if Mr Rhoades had not been there! The other drivers Were able to stop in time!!! I’m sure Mark did check traffic before crossing. He obviously felt like it was ok or he would have never gone into the crosswalk!!!! Your statement was uncalled for!!! 2nd paragraph.
November 4th, 2009 on 3:41 pm
It is amazing to me that this guy sped through a hospital zone so fast as to put a guy through his windshield. Windshields are NOT easy to break. Who’d he pay off that he didn’t get so much as a speeding ticket? This guy is still on the road?
November 4th, 2009 on 7:03 pm
I can’t believe an incident like this would Ever happen in a hospital crosswalk!!! You Always watch for pedestrians! The driver was obviously going way to fast to not be able to stop in time. The other two drivers did! Mark died and the driver responsible is not required to take Any kind of responsibility? It’s not ok to speed even if you have a green light.Why does a person get to just walk away from something like this with no charge of any kind. That is so unjust. Mark Mattered. He had dreams and he had goals and he has a family that loves him.
November 4th, 2009 on 8:43 pm
I don’t think anyone here is suggesting that Mr. Rhoades is heartless. But he was, IN FACT, speeding excessively given the surroundings -near a hospital crosswalk no less! Clearly an investigation into the matter is warranted. There are traffic cameras that monitor this intersection, it would be very simple to ascertain whether Mark “looked both ways before crossing”. But let’s assume for argument’s sake, that he did look both ways…let’s give him as much grace and latitude as the authorities appear to be giving Mr. Rhoades.
Assuming he looked both ways, it’s doubtful whether he would have seen Mr. Rhoades approaching given his rate of speed – Mr. Rhoades vehicle could have been completely out of view until it approached and by then Mark may not have had time to react. And in this case, he shouldn’t have to react to a speeding vehicle!!! Nor do I believe that Mark would have been able to distinguish with any accuracy the timing of Mr. Rhoades vehicle.
If Mr. Rhoades has feelings of guilt, it is precisely because he is guilty of speeding AT A MINIMUM!!! Why is it that the other two ( that’s right, count it…NOT One but TWO ) other drivers were able to stop and avoid striking Mark? Were they speeding as well? Doubtful!
All this being said, there is a rule of law in this country! Mr. Rhoades was in violation of several Arizona statutes and he should give a full and accurate accounting to the local authorities. Anything less than this is an injustice to Mark, his family and to Mr. Rhoades!!
November 4th, 2009 on 10:33 pm
My sympathies for the family. The family should be entitled to know the facts from the police investigation and if one was done properly, especially if speeding is in question. It sounds like plenty of eye witness reports should be available and included with that report. If the report was not done properly the city should step up the investigation and ensure all is done to avoid further incidents.
November 4th, 2009 on 11:42 pm
First, I want to say this is a tragedy and my sympathies go out to the Mayercik family. I can’t imagine what they are going through right now.
Here is a simple fact, though: a person died due to negligence by someone else. Therefore, the sherriff’s department needs to do their jobs and investigate!
The driver should have immediately been given a sobriety test. Other things to note—was the driver texting or talking on a cell phone?
What is wrong with the sherrif’s department? Would they make the same statement (see article above) if this had happened in a school zone?
Whether or not Mark should have crossed at that time does not matter. Based on the information I have:
1. He was a pedestrian walking in a crosswalk.
2. He was in a hospital zone.
3. Other drivers saw him and made allowances without any problems.
Pedestrians should always have right of way!
The family deserves some sense of peace and justice over what happened. They deserve to know why the driver was so reckless that it caused their family member to lose his life.
I hope they find the peace they deserve.
November 5th, 2009 on 11:40 am
One should be extra careful when driving by a crosswalk, especially when it’s next to a hospital. This is a grossly negligent trajedy that should have been avoided. My deepest condolences to Mark’s family.
To Mr. Rhoades – you have no excuse. You should have at least respected Mark’s family by showing them some compassion for your victim.
November 5th, 2009 on 2:03 pm
I worked with Mark. He was a sweet, kind person. I will always remember how he kept a positive mood no matter what happened. I am thankful to have known him. I hope that the person responsible for his death does his best to make amends.
November 5th, 2009 on 2:32 pm
Dear Vicki,
Thank you for saying something about Mark. The one thing we’ve overlooked in all this is who Mark was. He was a kind and caring person with great courage who would stand up for what he though was right and those whom he loved. He was sometimes careless and irresponsible but in this case he simply trusted that no one would disrespect the sanctity of the hospital zone he was in or the crosswalk he was using to get to the bus in time to run his errands.
Mark struggled for a long time to get the independence he had finally attained only to have it taken away abruptly for no good reason. Life isn’t always fair and can be snatched from us in a heartbeat. We should cherish every moment of it that God gives us.