NCCC Forum

Boards => Bicycle Education & Advocacy => Topic started by: John Fry on June 17, 2015, 04:30:27 PM

Title: Full enforcement of the law for drivers who kill cyclists in bike lanes
Post by: John Fry on June 17, 2015, 04:30:27 PM
I am relatively new to area and do not know whether cycling advocacy organizations are active to ensure the full protection of the criminal laws that regulate lethally dangerous motorist behavior. According to news reports, a cyclist was killed this week when a motorist veered into the bike lane. The press did not say whether the motorist was arrested or ticketed, reporting that the matter is under investigation. Is there a cyclist organization that can communicate firmly with the local prosecutor and police to ensure full enforcement of the law? Riding a bike here is a roll of the dice. If we can improve the odds by whatever deterrent the law provides, maybe one of us will be saved. Massive driver education from high school on is an important long term solution. For now, we have a dead brother. Can we communicate our deep concern to those responsible for making sure the motorist is held accountable as warranted by the evidence? John Fry
Title: Re: Full enforcement of the law for drivers who kill cyclists in bike lanes
Post by: Judy Frankel on June 17, 2015, 11:17:23 PM
It's very concerning that motorists can kill cyclists without repercussion.  They just say that they didn't see us, or they were distracted.  In Europe if a cyclist is hit it is automatically the drivers fault unless proven otherwise.

This is a problem in our whole country, not just locally. 

I would try contacting CABO  http://www.cabobike.org/  who work on cycling legislation in the state.

Judy
Title: Re: Full enforcement of the law for drivers who kill cyclists in bike lanes
Post by: karlos on June 18, 2015, 05:49:40 AM
The San Diego County Bicycle Coalition has contacted SDPD and has expressed our and your concerns to Chief Shelley Zimmerman over this incident. Citations only help in bolstering arguments for further action in the courts, both criminal prosecution snd the civil case which is sure to occur. Advocates across the country, including CABO and CalBike in CA want to make sure it is NOT OK to kill cyclists. Distracted driving, inattention,  etc. is not a free pass.

There is current proposed legislation at the state level to protect vulnerable users, but it won't be as strong as the proof of fault laws in, say, the Netherlands.
Karl
Title: Re: Full enforcement of the law for drivers who kill cyclists in bike lanes
Post by: John Fry on June 18, 2015, 07:05:13 AM
Thanks Judy and Karl  I'm glad the Coalition has contacted the authorities. I hope the police are checking CCTV in the area and looking for evidence of texting on the driver's smartphone. If there is a cyclist in the bike lane ahead of you and your kid says or does something from the back seat, it has to be culpable criminal negligence for a driver to look into the seat and not maintain safe control of the car. The act of turning around to address the child is intentional, with a visible cyclist in front, the driver knows the risk of harm. Deliberate failure to control the car safely, knowing the risks seems like a crime when that intentional failure kills someone whose position in the bike lane is protected by traffic laws and who is entitled by state law to a 3 foot margin. I should probably look up the statutes  before i shoot of my mouth further. But this is deadly serious and the police and prosecutors have got to be more aggressive.
Title: Re: Full enforcement of the law for drivers who kill cyclists in bike lanes
Post by: karlos on June 18, 2015, 04:27:55 PM
All your points are things the Coalition is considering (and more). Also, NCCC member Richard Duquette is a lawyer specializing in cyclists as victims of motorist error. He also is the official "of counsel" legal advisor to SDCBC and has been weighing in with suggestions at this stage. It will be awhile before we are aware of legal counsel hired by the victim's family.
Karl