Old 10-09-09 | 05:18 AM
  #5  
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lambo_vt
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Joined: Jul 2008
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From: Williamsburg, VA
Originally Posted by genec
Can anyone honestly find a case where a motorist was charged for killing a cyclist when no drugs or alcohol or even a cell phone was involved? Seems like there is always a "get out of jail card" for killing cyclists.

Here is a classic case... http://kcbike.info/2008/07/16/johnso...-gaunt-deaths/
just remember the defense:
Sure, it happens all the time. But the fact is that it's hard to prove recklessness in the absence of some factor like intoxicants, cell phones, etc. Otherwise the state has to prove the defendant was not driving like a reasonable person would, and it's tough to prove their rate of speed, exact lane positioning, etc. 1 foot of space can make a lot of difference, and it's not easy to nail down two parties' lane positioning that accurately after the fact.

The Kansas case is rough, but "it's my driving style" wasn't the defense. The defense was insufficient evidence, and it seems like the state did not meet its burden of proof. Without more details on that case it's hard to figure out why they couldn't get a conviction. It sucks, but that's the way the criminal system is set up.

It's tough to make a conviction stick in cases like this; to claim that because of that it's open season on cyclists is just paranoid hyperbole.
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