Originally Posted by
merlinextraligh
The "legal system" did nothing for the cyclist... they went to a civil suit... which is quite a bit different from the state finding an offender guilty of distracted driving.
On Oct. 18, 2005, plaintiff Richard Lemke, 62, a retiree, was riding a motorized bicycle on U.S.19 near 80th Avenue when he was struck and killed by a Pinellas Park police cruiser.
Lemke's estate, represented by his wife, Carmen, sued Pinellas Park for motor vehicle negligence and wrongful death.
http://www.verdictsearch.com/index.j...ent&art=205229
So in spite of potentially violating the law, and receiving punishment from the state (or the law) the family has to then take matters in their own hands, hire an attorney and represent themselves, otherwise there would be no other trial or verdict in such a case. Often, due to grief or expense, families chose not to undertake a civil case.
The "often expressed belief here" is that motorists who violate the law and harm or kill cyclists are not punished by the law... and again that is the case here. But just to confuse the issue, motorists are rarely punished by the law when killing other motorists or pedestrians either (so much for enforcing the laws) unless alcohol is involved.
Yes this is a fine point that I am making... as LAW is really involved in both criminal and civil cases. The point that the cyclists here and elsewhere make is that motorists are rarely criminally convicted for killing cyclists (or anyone for that matter... ) in spite of the laws on the books.