Re: Penalty for killing bicyclist inadequate

Cyclists breaking rules and acting unpredictably can precipitate car accidents.  In NYC, unlit bikes, often ridden by people dressed in dark clothes, pop out of nowhere at night.  Drivers instinctively swerve to avoid them.  They don't necessarily swerve into an empty space.

There's a reason that if a car rear-ends another, the driver of the rear car is considered to be at fault.  We are required to expect the unexpected.  The front car stopped suddenly for a kid who jumped into the street?  You should have prepared for that possibility by driving more slowly or hanging back.  You weren't looking, for whatever reason (fumbling for change to pay a toll, turning toward kids fighting in the back seat, etc.)?  That's the chance you took when you took your eyes off the road; why should the other party, minding her/his own business, pay the price for your inattention?

Most of us make these mistakes at times.  Almost always, we get away with it and no harm done.  But if it doesn't work out, the blame is on us.

The captain of the ship is responsible for what happens on the ship, from the bilges to the crow's nest.  Ditto for the rulebreaking driver (or rider -- bikes kill pedestrians once in a while) who hits someone or something that was entitled to be where it was and to be doing what it was doing.  It's not "fair," but the buck has to stop somewhere.

Maybe punishing "sympathetic" careless drivers (like the mother who killed the cyclist) will get those who hear of it to be more careful.  Even if the effect wears off after a day or two, some unknown person may be spared because a driver took a little more care for a few minutes after thinking about how fast a tragedy can happen.

--Jeffrey (NYC)

On Feb 17, 2011, at 3:56 PM, Allan Desmond wrote:

> 
> still not the right thing to do!
> 
> 
> Allan D. Desmond
> 702.363.3368
> [email protected] 
> 
> 
> 
> 
> 
> 
> 
> Date: Thu, 17 Feb 2011 12:34:00 -0700
> Subject: Re: Penalty for killing bicyclist inadequate
> From: [email protected]
> To: [email protected]
> CC: [email protected]; [email protected]; [email protected]
> 
> 
> On Thu, Feb 17, 2011 at 10:46 AM, Allan Desmond <[email protected]> wrote:
> 
> 
>  ...because no driver has ever seen a cyclist run a red light or cross in front of a car without signaling..
> 
> 
> 
> To my knowledge, no one has ever died from a cyclist running a red light or crossing in front of a car without signaling...
> oh, wait, I take that back... I'm sure some have. but in a vast majority, if not all cases, it was the cyclist. 
> If a bicyclist does something negligent/illegal, generally no one else dies except potentially the cyclist.
> If an automobile driver does something negligent/illegal, there is a decent chance someone else will die.
> Happens far to frequently on the roads of Montana, where automobile "accidents" have to be one of  the the top causes of death.
> 
> -- 
> John Wood
> Open Road Bicycles
> Missoula, Montana, USA
> 		 	   		  
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