UPDATED Thursday, March 4, 2010 --- 9:35 p.m.
By: Barclay Pollak

It's one of the first things you see at Jessica Johnson's house... a bright yellow bumper sticker on her car... it says "Move Over or Slow Down."

Inside, pictures of her two kids and her father, James Porter, sit side-by-side with another reminder to take it easy on the road.

"Everyone in my family has one on their car."

Last June, Jessica's father, a Dane County Highway Department employee, was killed while working on the side of the road.

He'd worked for the county for close to 20 years.

Jessica says he told her stories about people having close calls... but she never thought he'd lose his life while working.

"My first reaction was this can't be right. There's got to be something. He's got to be alive."

Wednesday, the part-time student found out that Alan Borgardt, the man who hit and killed her father on Highway 151 near Sun Prairie, wouldn't be going to jail, lose his license or even have to do community service.

He received a ticket for $187.

"At first I felt really disappointed that someone's life was only worth $187."

Dane County District Attorney Brian Blanchard says there just wasn't enough evidence to build a case.

"There was no alcohol, there were no substances, we didn't have proof the driver was up all night doing something reckless. We didn't have proof of a dispute in the car or texting, using the phone in the car or at the time of the crash. "

Johnson says at first an apology from the driver might have helped. But after all this time it wouldn't mean as much. Plus, no apology would be able to bring back Grandpa Jim.

Johnson hopes some good can come from her father's tragedy.

She wants people to be more attentive driving and just move over or slow down if they see workers on the roads.

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UPDATED Thursday, March 4, 2010 --- 4:55 p.m.

A man who hit and killed a Dane County highway worker last June has been fined $187.

You may remember last year, 61-year-old James Porter was killed when Alan Borgardt of Oshkosh smashed into the back of Porter's vehicle on Highway 151 near Sun Prairie.

Dane County District Attorney Brian Blanchard says they did a thorough investigation and says a number of factors made it impossible for them to prove beyond a reasonable doubt that Borgardt committed a crime.

Brian Blanchard says: "The driver did get a ticket for inattentive driving. Usually that doesn't do anything to match the severity of a person losing their life."

Blanchard says this is very unsatisfying to the family and frustrating for his office -- but he says they have to operate within the law.

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UPDATED: Friday, June 12, 2009 --- 9:10 p.m.
REPORTER: Chris Woodard

Dane County Highway workers were out in masses tonight paying an emotional tribute to a fallen brother.

One week ago they lost one of their own when he was hit and killed on the side of the road.

It's obviously been a tough week for this department and tonight they did their best to pay their respects and make sure everyone knows how Jim Porter died in hopes it won't happen again.

Thursday, June 4th is a day Dane County Highway workers will never forget. It's the day they lost a friend and a coworker.

61 year old Jim Porter died when he was hit by an oncoming pickup truck while working on the side of the road.

Keith Beutel says, "There is quite a void. It will take a long time to get back to normal."

Friday friends and family gathered to pay their last respects. Coworkers filed in and out in their fluorescent safety vests and Porter's truck, draped with a black cloth was parked outside for all to see.

Beutel says, "He was always wanting to clean on his truck. He was always willing to help and he'd ask for help if you needed help, dedicated. We had a good time with Jim."

Beutel was a friend of Porter's for the last 40 years. They'd worked side by side for the last 15 and when the idea to pay tribute to Porter with a procession of highway trucks came up he jumped on board.

For almost ten minutes 37 highway department trucks slowly made their way past the funeral home following Porter's visitation.

Some were somber, others waved, many fought back tears.

Coworker Arlyn Halvorson says, "This parade is the best that we could think of to give tribute to Jim and let people know to slow down, move over for us."

That second message is one that was delivered loud and clear. Porter died because a driver didn't slow down or move over and at the funeral home bumper stickers, magnets and pamphlets carried the message that if followed will make sure it never happens again.

Beutel says, "I think it's important to him as well as us, somewhat of a closure. It had to be done."

Halvorson says, "It's huge, to have such a loss only to make a statement. "

It doesn't get any simpler than this message, slow down, move over. One highway worker put things into perspective, saying they actually get used to having a lot of these close calls even though it's something so simple that could keep them all safe.

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Posted Friday, June 5, 2009 -- 4:30 pm
By Zac Schultz

Madison: Workers at the Dane County Highway Department are in a state of shock, a day after one of their own was killed on the highway.

James Porter was 61 years old and had worked at the highway department for just over 19 years.

Porter was killed Thursday afternoon when a man driving a truck smashed into the back of his county vehicle bounced off the median and hit Porter. This happened just after 2 on Highway 151 near Sun Prairie. A co-worker was running a street sweeper and Porter was operating the follow truck.

Dane County Highway Commissioner Jerry Mandli describes Jim Porter as a very likable, very dependable worker with a great sense of humor.

Dane County highway workers have Fridays off in summer, so nobody had to go back on the road today and Mandli wasn't sure if they'd be ready to go back on the road anyway. "We started yesterday trying to make some counseling available to folks and we'll be doing that as well next week. Some people they feel better getting back out and getting to work right away."

The driver of the vehicle that hit Porter has been identified as 59 year old Alan Borgardt of Oshkosh. When reached at home Friday his wife said he would have no comment.

The crash is still under investigation and the Dane County Sheriff's Department says they are in the process of reconstructing the accident.

A sergeant with the sheriff's department says it could be another week before the reconstruction is complete and they won't know until then if they will issue any citations or recommend charges.

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UPDATED Friday, June 5, 2009 --- 9:15 a.m.

County Executive Kathleen Falk Statement:
Highway Worker Fatality

“On Thursday, June 4th a dedicated Dane County Highway Department employee lost his life while faithfully carrying out his work to keep our county highways safe.

On behalf of the victim’s entire county government family, I express my deepest, most sincere condolences to his family and friends. We are all most appreciative of his nearly 20 years of service and dedication to Dane County citizens.

Dane County will be of whatever assistance it can to the victim’s family during this most difficult time.”

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UPDATED: Friday, June 5, 2009 --- 4:48 a.m.

Release from Dane County Sheriff's Office:

The initial investigation reveals Dane County Highway worker, James S. Porter, age 61, was outside of his county vehicle when he was struck by a Ford F150 driven by, Alan C. Borgardt, age 59.

Borgardt was traveling northbound in the far left lane, when he initially struck the portable traffic sign trailer attached to Porter's vehicle. After striking the trailer, Borgardt then struck the median and Porter. Bogardt's vehicle continued north striking the street sweeper directly in front of Porter's vehicle.

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UPDATED: Thursday, June 4, 2009 --- 10:10 p.m.
REPORTER: Chris Woodard

A 61-year-old Dane County Highway worker is struck and killed by a passing truck near Sun Prairie.

Tonight detectives are still trying to figure out why the driver hit him.

This is obviously a tragedy but what makes this situation really sad is that by following a very simple law designed to protect these work crews, the driver could have avoided the entire situation.

It is the kind of risk highway workers face every day but in this case the worst nightmare came true. While standing on the side of the road 61-year-old James Porter was struck and killed.

Witness Duane Nolden who works across the street says, "The pickup hit the back of that sweeper and the tires were like 45 degree angle into the air."

Deputies say the driver of a pickup truck did not move over for the highway workers and hit the back of a work truck carrying an arrow warning drivers to move over.

After hitting the truck the driver swerved into the concrete median, then hit Porter who was standing outside the truck, before slamming into the back of a street sweeper vehicle.

Nolden says, "There was a couple guys running and the guy jumped out of the sweeper truck right away and you could see there was something going on."

Porter was dead when paramedics arrived, the 187th person to die on Wisconsin roads this year.

Dan County Sheriff Dave Mahoney says, "That's why we have a move over law in this state."

Mahoney says the crash could have easily been avoided if the driver had slowed down or switched lanes like the law requires.

He says, "This highlights the dangers that our county highway as well as our state highway workers face every single day."

With construction season well under way the law becomes even more important. Passed in 2001 it requires all drivers who approach road crews or stopped emergency vehicles to switch lanes if possible or at the very least slow down.

A few days ago Mahoney says a Dane County Sheriffs Deputy issued more than 30 tickets in only 2 hours to drivers who did not do either.

Investigators are still trying tonight to figure out exactly what caused this driver to disobey the signs and hit the highway vehicle and say no charges have yet been filed.

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UPDATED: Thursday, June 4, 2009 --- 7:41 p.m.

The Dane County Coroner's Office identified the victim in the crash as James S. Porter, 61, of Monona.

Mr. Porter died from major traumatic injuries sustained in the crash. The crash remains under investigation by the Dane County Sheriff’s Department and the Dane County Coroner’s Office.

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UPDATED: Thursday, June 4, 2009 --- 7:30 p.m.

SUN PRAIRIE, Wis. (AP) -- Dane County officials say an accident that killed a highway worker this afternoon shows why the state enacted a "move-over" law eight years ago.

That law requires drivers to move over and avoid workers, police and other officials who have to stop or work on roads.

Sheriff's spokeswoman Elise Schaeffer says that didn't happen in today's accident.

She says a pickup truck was going north on U.S. 151 in the town of Burke near Sun Prairie around 2:30 p.m. when the driver didn't obey signs alerting cars to move into the right lane.

The driver rear-ended a highway truck parked in the left lane that the victim had just exited, then struck the worker.

The victim's name hasn't been released.

The driver was taken to University of Wisconsin Hospital with non life-threatening injuries.

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UPDATED Thursday, June 4, 2009 --- 5:40 p.m.

BURKE, Wis. (AP) -- A pickup truck driver struck and killed a road worker in Dane County.

Dane County Sheriff's Office spokeswoman Elise Schaeffer says the truck was traveling north on Highway 151 around 2:30 p.m. Thursday, when the driver didn't obey the signs alerting cars to move into the right lane.

The driver then rear-ended a highway truck parked in the left lane that the victim had just exited and then struck the worker.

The driver was taken to University of Wisconsin Hospital with non life-threatening injuries.

She says the driver appeared not to be paying attention.

Copyright 2009 by The Associated Press. All Rights Reserved.

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UPDATED Thursday, June 4, 2009 --- 5:25 p.m.

At this time, emergency crews remain at the scene of a deadly crash involving a Dane County worker. The scene: Highway 151 at Reiner Road (near Sun Prairie).

Because of traffic delays, the back-up stretches onto I-39/90. Expect major delays if you are traveling at this hour.

The identity of the Dane County worker killed in the accident has not been released.

Sheriff Dave Mahoney says this accident illustrates the importance of the "Move-Over" Law, which was enacted in 2001. He considers this a factor into the crash; the driver did not move-over for the highway crew.

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UPDATED Thursday, June 4, 2009 --- 3:50 p.m.

Emergency personnel remain at the scene of a fatal accident involving a Dane County worker.

A driver of a pick-up hit the worker, as the worker stood on the side of the road.

The pick-up driver is injured. That person is being interviewed at the hospital.

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UPDATED Thursday, June 4, 2009 --- 2:50 p.m.

The Dane County Sheriff's Office confirms the accident at Highway 151 at Reiner Road (near Sun Prairie) is fatal. The victim is a Dane County highway worker.

The scene is still active; drivers are being told to avoid this area.

Traffic will be limited to one lane Northbound on Highway 151 between Main St. in Sun Prairie and Highway C. They're anticipating it will remain this way for 3 to 4 hours.

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Posted Thursday, June 4, 2009 --- 2:30 p.m.

Traffic Alert near Sun Prairie -- Emergency crews at Highway 151 at Reiner Road.

Witnesses report ambulance at scene, along with officers and other emergency personnel.

You are urged to avoid this area.