squirtdad

No sentencing yet, but facing up to 4 years.

https://www.mercurynews.com/crime-courts/ci_19964941

This is a good example of the reality of how the system works and can work for cyclists.

noisebeam

Also in AZ:
https://www.azcentral.com/community/g...sts-death.html

genec

Interesting... the rare prosecution of someone clipping a cyclist. There was no alcohol involved, although the driver was on probation from a previous drunk driving case.

genec

OK but the root cause of conviction here is due to alcohol...

Jurors found a hit-and-run driver guilty of manslaughter, driving under the influence of alcohol and endangerment in the death of a Queen Creek bicyclist more than two years ago.

Sherbona

I'm really glad that this creep was convicted! However I am bothered by how the prosecuter says something to the effect that if he had stopped and cooperated this would have only been a probation violation and possible misdemeanor charge of driving with a suspended license. So its perfectly ok to hit a cyclist if you feel like it or aren't paying attention, just as long as you stop afterwords.

EDIT: My comment is with regards to the thread's mercurynews story linked by squirtdad, not the other one posted by noisebeam

enigmaT120

So the lesson is that if you want to kill people, hit them with your car but make sure that you aren't drunk or have a suspended license, and stop and offer help. You won't be charged with anything and won't get a ticket.

genec

Yup, that's pretty much the situation.

squirtdad

this is sad but appears to be true.....but it needs to be noted this is the case whether it is hit a pedestrian, hit a cyclist, hit a car.

and if you get out of the context of traffic issues, it is amazing how low the sentences are for other crimes....... there is a whole thing where they are digging up bodies from the "speed Freak Killers" One of them was serving a liife sentence, but the the other was technically out after 14 years (but living in a trailer on prison grounds with a gps ankle bracelet waiting to be completely freed of the system).

CommuteCommando

I will admit to there being some merit in lightening up penalties if the accident was truly an accident, and the motorist stops to help. Even the simple act of calling 911 could be the difference between life and death.

On the other hand, after reading the Mercury News article, it makes me sad that there are no laws against simply being an a-hole, as this defendant and his lawyer seem to be.

enigmaT120

https://www.statesmanjournal.com/apps...=2012120127038

I just don't think it's an accident to run over somebody in broad daylight. I wasn't involved, don't know anybody involved, but it bugs me because that is the kind of area that I like to ride.

Chris516

+1

freemind

Or, in the case with my husband, ... the driver who killed my husband had hit him and left him to die. When the driver finally turned himself in, due to some damning evidence he admitted to driving drunk. The judge saw his admission as a good thing and only gave him 2 years. Unfortunately, he was out in 9 months. I'm left with 4 children and a lifetime without their father. The driver had to sacrifice 9 months. https://www.wndu.com/home/headlines/30005959.html

Chris516

If it wants to work for cyclists. At the symposium I was attending at the state capitol on Wednesday, a number of 'presenters', noted how ignorant law enforcement is about the law concerning cyclists. While that was in Maryland, law enforcement agencies nationwide, on the state, county, and municipal level, along with the U.S. Park Police, need to have quarterly or twice-yearly refresher sessions on bicycle laws. So the officers, from the rookie all the way up to the COP(Chief Of Police) don't forget.

genec

I can't tell you the number of times I have mentioned the lack of real knowledge on the part of LEOs and just about anybody regarding cyclist's rights to the road. John Forester and I have gone around and around about this, and I have had debates with others here on BF regarding this.

I cannot put this in big enough letters... or make a message big enough.

THE PUBLIC HAS LITTLE IDEA THAT CYCLISTS HAVE NEARLY THE SAME RIGHTS TO THE ROAD AS ANY MOTORIST.

9 times out of 10 if a motorist gives you room on the road, they are doing it as a courtesy to what they see is little more than an obstacle in their way... akin to watching out for a dog in the road.

This is exactly why I debate vehicular cyclists... you cannot "fare best" as long as the driving public has no idea that they should "treat you as the driver of a vehicle."

To this end I have long suggested a program in public schools (just like the 3Rs... add "road use" as the 4th R) that first teaches proper cycling, then later, based on cycling skills, a course on driving and the ethics of road use... not this paltry 40 hours of driver's ed, but a serious semester long class that outlines the laws and responsibilities, along with labs that teach on simulators how to drive and handle a motor vehicle.

Only after both courses can someone take a test to get a license to drive a motor vehicle.

Of course this will never happen... we will have robots driving cars on our streets before proper training of the public ever happens.

GamblerGORD53

^^^ Post 12 So sorry for your loss freemind.
I checked out her link and what else is news in South Bend ?? ....
A man on a bike is side swiped to the pavement, but is OK....
AND last sunday a 62 year old man is Fatally struck on the same road, Route 23. There seems to be a 2 or 3 ft shoulder,
better than nothing. What's with these drivers ??

freemind

You're absolutely right, GamblerGORD. Two cycling accidents in my city in the last week. I had just made a video for my fallen husband that focused on the drunk driving aspect of his tragedy. When I heard the news of the two cyclists' accidents, I changed the video to focus on safe cycling. Check it out (and please share it!) here: https://youtu.be/dJ3xwGMzRSE