Advocacy & Safety - S.C. Driver Convicted of Felony for Killing Cyclist

“Matt Burke’s legacy is that drivers can and should be treated as criminals for killing cyclists. Throughout the country, cycling deaths are regularly dismissed by law enforcement as mere traffic ‘accidents.’ But often they are not accidental, the needless fatalities are tragic consequences of reckless driving and lawless drivers,” Wilborn writes on his BikeLaw.com blog. “The driver’s felony conviction here proves to police, policymakers and drivers to take cycling safety seriously. This case from South Carolina is an example of how to do it right.”

Read the full article:
http://blog.bikeleague.org/blog/2011/10/s-c-driver-convicted-of-felony-for-killing-cyclist/

“The police originally said it was just an accident,”

When are the police going to get a clue... there is no such thing as "just an accident" in the case of most motor vehicle collisions.

Oh sure in this case they were finally pushed to really investigate... and the guilty party admitted his fault.

But as long as police have the attitude that bikes don't belong on the roads and such incidents can be "just an accident," cyclists will continue to get the short end of things.

When are the police going to get a clue... there is no such thing as "just an accident" in the case of most motor vehicle collisions.

Oh sure in this case they were finally pushed to really investigate... and the guilty party admitted his fault.

But as long as police have the attitude that bikes don't belong on the roads and such incidents can be "just an accident," cyclists will continue to get the short end of things.

Agreed, and why does the victim have to be a doctor, or lawyer, etc. for anything to really be done? If the victim had been an "average joe" would the outcome been the same?

“Matt Burke’s legacy is that drivers can and should be treated as criminals for killing cyclists. Throughout the country, cycling deaths are regularly dismissed by law enforcement as mere traffic ‘accidents.’ But often they are not accidental, the needless fatalities are tragic consequences of reckless driving and lawless drivers,” Wilborn writes on his BikeLaw.com blog. “The driver’s felony conviction here proves to police, policymakers and drivers to take cycling safety seriously. This case from South Carolina is an example of how to do it right.”

Read the full article:
http://blog.bikeleague.org/blog/2011/10/s-c-driver-convicted-of-felony-for-killing-cyclist/

That hostility is probably why, the police keep saying, they need to see an incident first hand, instead of being given some video by the cyclist(at least that is what they have told me here).:notamused: The police only do something as a result of the video, after it has gone viral on YouTube, never before it has gone viral.:notamused:

Cyclists' are considered second-class humans in the transportation world.:notamused:

When are the police going to get a clue... there is no such thing as "just an accident" in the case of most motor vehicle collisions.

Oh sure in this case they were finally pushed to really investigate... and the guilty party admitted his fault.

But as long as police have the attitude that bikes don't belong on the roads and such incidents can be "just an accident," cyclists will continue to get the short end of things.

The attitude by the police is not just them thinking that way. While the state legislatures' enact the laws pertaining to bikes, they don't say anything about enforcing them. They just breed the hostility even after passing the laws regarding bikes.

“Matt Burke’s legacy is that drivers can and should be treated as criminals for killing cyclists. Throughout the country, cycling deaths are regularly dismissed by law enforcement as mere traffic ‘accidents.’ But often they are not accidental, the needless fatalities are tragic consequences of reckless driving and lawless drivers,” Wilborn writes on his BikeLaw.com blog. “The driver’s felony conviction here proves to police, policymakers and drivers to take cycling safety seriously. This case from South Carolina is an example of how to do it right.”

Read the full article:
http://blog.bikeleague.org/blog/2011/10/s-c-driver-convicted-of-felony-for-killing-cyclist/

Beware - the link sends my malware detector in to a hissy fit.

Thumbs up for S.C. :thumb:

Sentence: the driver who killed Matt Burke was sentenced to 90 days in jail, 5 years of probation, and forfeited his driver’s license.

...would have expected more jail time.

Sentence: the driver who killed Matt Burke was sentenced to 90 days in jail, 5 years of probation, and forfeited his driver’s license.

...would have expected more jail time.

more jail time more tax money.. now he has to bike or bus it. maybe he'll learn something.

This is one of the reasons that I'd like there to be a quick and easy way to report aggressive driving towards cyclists. Even if they can't actually do anything about it at the time, anyone who makes aggressive moves just waived any consideration that a future incident might be considered an "accident."

If you injure a cyclist, and have on record complaints against you for harassing cyclists, it should weigh heavily towards premeditated aggression causing injury.

Actually, South Carolina only gets these convictions when a rich bicyclist gets killed. If this guy had not been a high profile, no conviction happens. I can point to dozens of cases where "poorer" people get struck and killed and no criminal charges are filed.

If you injure a cyclist, and have on record complaints against you for harassing cyclists, it should weigh heavily towards premeditated aggression causing injury.

And it would be inadmissible in court as evidence.

And it would be inadmissible in court as evidence.That is not always true. Look at the good doctor of LA who was convicted. His prior bad act a year before was judged to be similar enough to be considered in the in the case he went to trial on.

Additionally, if convicted, then the prior bad acts are almost always admissible for sentencing.