AsanaCycles
10-10-09, 09:40 PM
whats up with this?
http://bikeportland.org/2009/10/10/tragedy-and-outrage-in-texas/
http://bikeportland.org/2009/10/10/tragedy-and-outrage-in-texas/
Texas - Tragedy and outrage in Texas
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LJ325
10-10-09, 11:31 PM
You will be fined heavily and likely imprisoned for a few years if you fail to pay attention and kill someone on a road crew but if you kill a cyclist, don't sweat it. Some animals are more equal than others it seems.
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Rex G
10-11-09, 02:59 AM
This is already being discussed in A&S here on Bikeforums. Keep in mind that police do NOT cite drivers at the scene, if a death or serious injury has occurred. If a citation/ticket is written, it becomes the state's whole criminal case against the driver, and if the driver runs to the court house and pays the ticket, further criminal action is difficult or impossible. Remember the protection against double jeopardy, enjoyed by all people in the USA? Of course, the criminal justice system may indeed fail cyclists yet again in this case, but a grand jury has yet to hear the case.
filtersweep
10-11-09, 03:35 AM
I live in a nation where you lose (usually temporarily) your license on the spot, pending the outcome of the investigation--- and all serious accidents require a blood test for drugs and alcohol. Driving is treated almost like flying a commercial plane. Of course, driving is not treated like a god-given right, as it is in the US.
This is already being discussed in A&S here on Bikeforums. Keep in mind that police do NOT cite drivers at the scene, if a death or serious injury has occurred. If a citation/ticket is written, it becomes the state's whole criminal case against the driver, and if the driver runs to the court house and pays the ticket, further criminal action is difficult or impossible. Remember the protection against double jeopardy, enjoyed by all people in the USA? Of course, the criminal justice system may indeed fail cyclists yet again in this case, but a grand jury has yet to hear the case.
This is already being discussed in A&S here on Bikeforums. Keep in mind that police do NOT cite drivers at the scene, if a death or serious injury has occurred. If a citation/ticket is written, it becomes the state's whole criminal case against the driver, and if the driver runs to the court house and pays the ticket, further criminal action is difficult or impossible. Remember the protection against double jeopardy, enjoyed by all people in the USA? Of course, the criminal justice system may indeed fail cyclists yet again in this case, but a grand jury has yet to hear the case.
filtersweep
10-11-09, 03:47 AM
Another thought--- in many municipalities in the US, there are extra fines for unsafe "passing" of a parked law enforcement vehicle. I would imagine that killing a highway patrol officer (who was out of his vehicle) in most parts of Texas would be dealt with a bit more seriously than killing a few parents riding a bike.
Rex G
10-11-09, 12:34 PM
Another thought--- in many municipalities in the US, there are extra fines for unsafe "passing" of a parked law enforcement vehicle. I would imagine that killing a highway patrol officer (who was out of his vehicle) in most parts of Texas would be dealt with a bit more seriously than killing a few parents riding a bike.
Texas has such a law for LE vehicles, but that does NOT mean a jury will necessarily convict for anything higher than a simple traffic violation. Before this law was passed in Texas, it was already against the law to run off the road and crash into ANYTHING, yet a motorist drove completely off the moving lanes of the Westpark Tollway and killed a deputy constable who was on the shoulder, on a traffic stop. The jury ACQUITTED that driver. Juries tend to have a "there by for the grace of God go I" mentality about convicting sober drivers who run off the road and kill people, though a recent conviction of a sober but distracted driver, who was on a mobile communication device when she killed someone, is a step in the right direction.
It IS already against the law to kill someone while being negligent yet sober. For years, it was titled Criminally Negligent Homicide in Texas, though the wording recently changed, and escapes my mind at the moment. (My Penal Code is in my locker at work.) The distracted driver who was recently convicted, was on trial for this, and her conviction was noteworthy because it is indeed so rare for juries to convict sober drivers.
Texas has such a law for LE vehicles, but that does NOT mean a jury will necessarily convict for anything higher than a simple traffic violation. Before this law was passed in Texas, it was already against the law to run off the road and crash into ANYTHING, yet a motorist drove completely off the moving lanes of the Westpark Tollway and killed a deputy constable who was on the shoulder, on a traffic stop. The jury ACQUITTED that driver. Juries tend to have a "there by for the grace of God go I" mentality about convicting sober drivers who run off the road and kill people, though a recent conviction of a sober but distracted driver, who was on a mobile communication device when she killed someone, is a step in the right direction.
It IS already against the law to kill someone while being negligent yet sober. For years, it was titled Criminally Negligent Homicide in Texas, though the wording recently changed, and escapes my mind at the moment. (My Penal Code is in my locker at work.) The distracted driver who was recently convicted, was on trial for this, and her conviction was noteworthy because it is indeed so rare for juries to convict sober drivers.
mugatu
10-11-09, 01:22 PM
so basically if you wanna kill someone just wait till they're walking down the sidewalk, run them down, and say you were distracted by a squirrel
just make sure you haven't been drinking and you'll be alright
just make sure you haven't been drinking and you'll be alright
BikeWNC
10-11-09, 01:43 PM
so basically if you wanna kill someone just wait till they're walking down the sidewalk, run them down, and say you were distracted by a squirrel
just make sure you haven't been drinking and you'll be alright
That's pretty much how it is anywhere in this Country. We're on our own out on the road. A guy in my town was run down in a bike lane by a driver that said he fell asleep. No charges filed. Our roads are ruled by the "right of weight". We lose every time. Please be careful out there.
just make sure you haven't been drinking and you'll be alright
That's pretty much how it is anywhere in this Country. We're on our own out on the road. A guy in my town was run down in a bike lane by a driver that said he fell asleep. No charges filed. Our roads are ruled by the "right of weight". We lose every time. Please be careful out there.
m4bandit
10-12-09, 07:51 AM
Saw this a few days ago. Nothing is more sad than that photo.
AsanaCycles
10-14-09, 11:56 AM
Department of Transportation
Distracted Driving Summit
http://www.tvworldwide.com/events/rita/090830/default.cfm
Distracted Driving Summit
http://www.tvworldwide.com/events/rita/090830/default.cfm
Meek
11-10-09, 08:26 PM
Poor kid. Is there a fund for her or anything?
Saw this a few days ago. Nothing is more sad than that photo.
Saw this a few days ago. Nothing is more sad than that photo.
Teeleton
11-23-09, 04:34 PM
Poor kid. Is there a fund for her or anything?
Why yes, there is a fund.
Kylie Bruehler Benefit Fund
Any Frost Bank or by mail to:
Kylie Bruehler Benefit Fund, c/o 24165 IH-10 West, Ste. 217-270, San Antonio, Texas 78257-1160.
Also, apparently this is still cooking. Still no charges filed. Investigation still in progress. Parents have filed wrongful death suit on daughter's behalf, but driver is claiming to have done no wrong. Lots of ignorant comments and arguing.
http://www.mysanantonio.com/news/local_news/70645057.html
Teeleton
Why yes, there is a fund.
Kylie Bruehler Benefit Fund
Any Frost Bank or by mail to:
Kylie Bruehler Benefit Fund, c/o 24165 IH-10 West, Ste. 217-270, San Antonio, Texas 78257-1160.
Also, apparently this is still cooking. Still no charges filed. Investigation still in progress. Parents have filed wrongful death suit on daughter's behalf, but driver is claiming to have done no wrong. Lots of ignorant comments and arguing.
http://www.mysanantonio.com/news/local_news/70645057.html
Teeleton