Angry driver takes out 50 riders

[genec]

That point is really moot. this is a case where people have said that in competitive sports cycling is alone in practicing intermixed with non competitive traffic.
This simply isnt the case.

I missed that... :o I thought the comments were going another direction. :innocent:


But do I agree with you... cycling is not alone in this... Hell, look at all the runners on the street as a prime example...

The vast difference is that cycling has to deal with other users who think THEY own the road.

In the case of boat racing, it is obvious that no one "owns" the ocean.

[Kerlenbach]

Kerlenbach, you seem to have a handle on this law thing. You mention damages and punitive damages. If this had happened in the US what about Assault with a Deadly Weapon, Hate Crimes (torts resulting from road rage has been interpreted as such), or Assault with Intent to Kill or Maim? Couldn't this be interpretted as a felony?

It's important that you distinguish between criminal and civil liability. Damages and puntive damages are civil law concepts, which matter in lawsuits brought by injured riders against this dope. Asssault, hate crimes, etc., are criminal law concepts relating to a criminal charge brought by the government against the driver.

If this guy intentionally stopped short in front of the group (and this happened in Florida, where I know a bit about the law) he would likely have committed reckless driving, a misdemeanor. The bigger question is whether that act constitutes aggravated battery, a felony. Aggravated battery is intentionally touching or striking a person with a deadly weapon. The Florida Supreme Court recently decided that hitting someone with a deadly weapon in a non-deadly way (striking a person with a gun) constitutes aggravated battery. An automobile is a deadly weapon if used in a way likely to cause death or great bodily harm. So the question in this case is whether stopping short in a way intending to cause a crash constitutes using a car in a way likely to cause death or great bodily harm. Further, most of the riders hit each other, not the car, which makes it even more complicated. As I said, this is a great law school question.

Hate crime laws do not apply. Hate crime laws apply to crimes motivated by prejudice based on race, sex, or other categories. That's why hate crime laws are a bad idea. A criminal's motives matter for sentencing. If he committed the crime because he hates blacks or women or gays, the judge should have discretion give a longer sentence, or not. Regardless of the motive, the victim is just as dead or injured.