Are motorists that kill cyclists prosecuted in your area?
06-26-10 | 07:22 AM
#26
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Joined: Jan 2008
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From: Benbrook Texas
Bikes: A 3-speed fixed, a single speed (freewheel), etc.
This week we had a tragedy in our area. A very special and dedicated cyclist, a lady that was elgible for this forum, was killed by a motorist that ran a red light. She was not only a cyclist, but a strong and active member of many cycling organizations that promote safe and fun cycling.
Witnesses are very clear that the motorist ran the light with other cars stopped for the light. The witnesses said the cyclist was crossing the intersection on green.
With all this in mind this is difficult because I actually know the motorist, a lady that would be even more elgible for this forum than the victim. I have always known her as a kind and caring person.
In this area there is a very nominal amount of energy from the state and local governments to prosecute motorists that kill cyclists. I doubt there is a good path for the city or state to take in this case, but at some point a strong stand is needed.
Do officials in other areas agressively prosecute drivers that kill cyclists?
Witnesses are very clear that the motorist ran the light with other cars stopped for the light. The witnesses said the cyclist was crossing the intersection on green.
With all this in mind this is difficult because I actually know the motorist, a lady that would be even more elgible for this forum than the victim. I have always known her as a kind and caring person.
In this area there is a very nominal amount of energy from the state and local governments to prosecute motorists that kill cyclists. I doubt there is a good path for the city or state to take in this case, but at some point a strong stand is needed.
Do officials in other areas agressively prosecute drivers that kill cyclists?
06-26-10 | 10:06 AM
#27
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Joined: Jul 2007
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From: Seattle, Washington, USA
Bikes: 2009 Chris Boedeker custom; 2007 Bill Davidson custom; 2021 Bill Davidson custom gravel bike; 2022 Specialized Turbo Vado e-bike
The case of the young couple that was killed while riding their tandem (north of San Antonio) was particularly infuriating. Left a 7-year-old daughter as an orphan. The driver of the pickup that hit them "veered off the road" and killed them; never ticketed or prosecuted.
I just did a search and see that the family has filed a wrongful death suit against the driver:
https://www.smslegal.com/blog/family-...th-lawsuit.cfm
https://www.mysanantonio.com/news/63116092.html
This image is their daughter at the memorial service for her parents; hundreds of cyclists showed up:
I just did a search and see that the family has filed a wrongful death suit against the driver:
https://www.smslegal.com/blog/family-...th-lawsuit.cfm
https://www.mysanantonio.com/news/63116092.html
This image is their daughter at the memorial service for her parents; hundreds of cyclists showed up:
06-26-10 | 09:04 PM
#28
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Posts: n/a
Southern California. Overall, no leniency for deliberately or negligently hitting an killing a bicyclist. And it depends who was at fault - did the bicyclist run a red light or stop sign, or did the motorist? Was one of the parties not in control (or distracted from keeping control ) of their 'vehicle' (cell phone/texting - i've seen bicyclists texting, too). Typical stuff like these come into play when assigning blame.
We did have the high profile prosecution of a doctor who slammed on his car brakes in front of two cyclists going downhill on Mullhulland drive (?) and put one of them in the hospital for a few days, the other got emergency room-treatable injuries and was incapacitated for a few, too. I believe the doc got a 5 year jail sentence and probation to follow.
Also a more recent accident with an SUV driver swerving and hitting a bicyclist in Newport Beach, CA. SUV driver was ID'd and a short time later arrested from witness info (hit and run plus homicide), and the case is still going through the legal system.
We did have the high profile prosecution of a doctor who slammed on his car brakes in front of two cyclists going downhill on Mullhulland drive (?) and put one of them in the hospital for a few days, the other got emergency room-treatable injuries and was incapacitated for a few, too. I believe the doc got a 5 year jail sentence and probation to follow.
Also a more recent accident with an SUV driver swerving and hitting a bicyclist in Newport Beach, CA. SUV driver was ID'd and a short time later arrested from witness info (hit and run plus homicide), and the case is still going through the legal system.
06-28-10 | 03:31 PM
#29
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Joined: Apr 2005
Posts: 17,196
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From: Ann Arbor, MI
Bikes: 1980 Masi, 1984 Mondonico, 1984 Trek 610, 1980 Woodrup Giro, 2005 Mondonico Futura Leggera ELOS, 1967 PX10E, 1971 Peugeot UO-8
And how about when cyclists kill pedestrians?
We a had a very, very sad case here in Seattle recently of a cyclist who killed a pedestrian. He (an experienced 50+ cyclist) was riding on a popular MUP, and the pedestrian, a very active 80-year-old woman, stepped out into the trail. Witnesses said he was traveling at a moderate rate of speed, and the pedestrian just suddenly stepped out in front of him.
There was no prosecution, but I believe the suburb involved is lowering the speed limit on the trail to 10mph from 15 mph.
There have been some pretty impassioned comments about this on the local newspaper comment boards...
We a had a very, very sad case here in Seattle recently of a cyclist who killed a pedestrian. He (an experienced 50+ cyclist) was riding on a popular MUP, and the pedestrian, a very active 80-year-old woman, stepped out into the trail. Witnesses said he was traveling at a moderate rate of speed, and the pedestrian just suddenly stepped out in front of him.
There was no prosecution, but I believe the suburb involved is lowering the speed limit on the trail to 10mph from 15 mph.
There have been some pretty impassioned comments about this on the local newspaper comment boards...
If traffic laws and driving carelessness are not handled in a moral manner in the first place, injustices against cyclists are not special.
Somehow all road users must be made to own their responsibility to more vulnerable road users. Not sure how to make this happen, but I think it's what's needed.
06-29-10 | 05:55 AM
#30
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Joined: Aug 2008
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From: Foothills, NC
Bikes: 2009 Specialized Crosstrail Elite, 2008 Cannondale Six13 3
Around here we had a cyclist killed last fall, driver left the scene (Hit and Run), two days later the vehicle and driver were found. woman was charged with misdemeanor death by vehicle, driving while license revoked, and leaving the scene of an accident. further investigation found the woman had her license revoked for life due to 3 past convictions of DUI and had a pending DUI still in the court system. She was released on a 5000 unsecured bond and then reached a plea agreement where she had probation and an extention on the revokation of her license. So I guess when she is reincarnated she still will not be able to get a license
06-30-10 | 04:37 PM
#31
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From Bicycle Colorado:
Denver - It sounds like you are asking whether drivers that are responsible for crashes involving bicyclists are being held accountable for their actions/inactions. There are two areas of the court system where this is addressed: traffic and civil. If you are aware of data or sources for detailed information on crashes involving bicyclists caused by motorists that indicates the outcomes, I would be interested to know of the sources.
FYI - from the League of American Bicyclists, approximately 47% of car/bike crashes are the fault of bicyclists (e.g. riding the wrong way on the road - against traffic) and 48% of car/bike crashes are the fault of motorists (e.g. turning left - failing to yield - in front of a cyclist).
Typically in traffic court, a motorist responsible for a crash with a bicyclist, is charged with careless driving. Just this year we supported a bill in the Colorado Legislature that significantly increased the punishment for careless driving resulting in death. Again, we are not aware of some mechanism for tracking the outcome of the courts on tickets specifically involving these types of crashes.
We often hear from attorneys or from bicycle victims of these types of crashes on the civil litigation side. Bicyclists typically prevail with appropriate judgements in these types of civil cases. We have worked very hard over the last 5 years to improve our laws so that bicyclists are protected and can receive appropriate judgements in these types of civil cases. Ten years ago there were many cases were this was NOT the outcome.
We still have significant work to do and rights that we've won that will need to be defended through legislative work, policy work, education and more.
Regards,
Denver - It sounds like you are asking whether drivers that are responsible for crashes involving bicyclists are being held accountable for their actions/inactions. There are two areas of the court system where this is addressed: traffic and civil. If you are aware of data or sources for detailed information on crashes involving bicyclists caused by motorists that indicates the outcomes, I would be interested to know of the sources.
FYI - from the League of American Bicyclists, approximately 47% of car/bike crashes are the fault of bicyclists (e.g. riding the wrong way on the road - against traffic) and 48% of car/bike crashes are the fault of motorists (e.g. turning left - failing to yield - in front of a cyclist).
Typically in traffic court, a motorist responsible for a crash with a bicyclist, is charged with careless driving. Just this year we supported a bill in the Colorado Legislature that significantly increased the punishment for careless driving resulting in death. Again, we are not aware of some mechanism for tracking the outcome of the courts on tickets specifically involving these types of crashes.
We often hear from attorneys or from bicycle victims of these types of crashes on the civil litigation side. Bicyclists typically prevail with appropriate judgements in these types of civil cases. We have worked very hard over the last 5 years to improve our laws so that bicyclists are protected and can receive appropriate judgements in these types of civil cases. Ten years ago there were many cases were this was NOT the outcome.
We still have significant work to do and rights that we've won that will need to be defended through legislative work, policy work, education and more.
Regards,
Scott Christopher
Outreach Program Manager
Bicycle Colorado
www.BicycleColorado.org
(p) 303.417.1544 ext. 17
(c) 303.668.5158
(f) 303.825.1038
Outreach Program Manager
Bicycle Colorado
www.BicycleColorado.org
(p) 303.417.1544 ext. 17
(c) 303.668.5158
(f) 303.825.1038
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