Driver not even ticketed for killing cyclist where we ride.

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Anonymous's picture
Anonymous

"http://www.thejournalnews.com/newsroom/091104/b0111ctownfatal.html

The above link is to a story that includes roads we often ride. Driver kills cyclist and isn't even issued so much as a ticket for, say, unsafe lane changing.

It's the same old story. Driver kills cyclist and is not only not prosecuted criminally, he isn't even ticketed.

For a local example, c. two years ago a cyclist was going straight on South St., a driver made a left hand turn into him, killing him. No ticket.

C. three years ago, a cyclist is cycling where the law requires him to--on the far right. A truck makes a right turn into him, killing him. No ticket.

And I recall during the GOP convention, a deputy police commissioner stated the demonstrating cyclists ""endangered drivers."" How's that?

Richard
"

Anonymous's picture
JP (not verified)
Is there an explanation?

This incident and so many, too many like it, are simply outrageous.

“I didn’t see him”? Try that excuse with a red light, a stop sign, a yield sign. The early morning glare? Slow down. Stop! I really fail to comprehend why a driver of a multi-ton, combustion-powered conglomeration of metal is vindicated for driving a vehicle blindly and lethally into a human being. It is not that much different than firing a gun, and while having a moment of impaired vision, still firing and killing someone. Oh, sorry, I didn’t see him?!?

The closest I am able to come to understanding such motor vehicle-cyclists incidents is either a complete lack of consideration from the police for cyclists (conspiracy theory?) or, more humanely, an assumption of the risk. This assumption is a legal concept where wrong-doing and/or negligence is deemed unfounded because the victim willingly interposed him/herself in a potentially dangerous situation. The best example I can think of would be a fan getting hit in the face with as foul ball at a baseball game – a nice box seat provides a great view, but you better be attentive or you may get a baseball facial. If you do get hit, you assumed the risk and have no recourse. I do not agree that this assumption applies to most motor vehicle-cyclists incidents, but perhaps the police do. A PO may think: You hop on your bicycle, ride miles and miles unprotected alongside tons of metal … and you get hurt or killed. So …don’t be a roadie! Take up knitting. This flies in the face of logic and justice, but is one explanation for our second, no, third rate status on the road. Motor vehicles first, peds second, cyclists and animals third. Actually, I believe there are penalties for driving a motor vehicle into a deer. That would make cyclist fourth rate on the road. Grizzly road kill we may be. And perhaps the fact that the cyclist was 74 had some part in this. Ageism could be in play. The police could think, in addition to what I have said above, that the geezer should not be riding anyway.

I am outraged and baffled.

I am sad too. RIP Ennio Spiri. I grieve for you … and so many others.

Anonymous's picture
tarry (not verified)

"does anyone know perhaps from past precedents why the driver is not faulted for manslaughter? if a pedestrian were crossing the street and was killed, is that not the same situation? just saying ""i didn't see him"" should not be enough."

Anonymous's picture
anthony accardi (not verified)
for what it is worth....

As recently as 9am on Sunday I was REAR ENDED by a car on 9w. I was humming along by myself about 4 miles from the bridge, headed back to Manhattan when a car came along, crossed the white line of the shoulder and struck me from behind. That section of the shoulder is wide, probably 7 feet, and I was well within the shoulder but that did not stop him from meandering into it. The weather was nice and visibility was not an issue.
I am very lucky. I came away with relatively minor road rash, a sore glute and tailbone but that is about it. My bike was ridable and after a bit of help from an ambulance so was I. I think that being hit from behind probably saved me from tensing up and therefore more serious injury. Basically I went down without attempting to save myself in any way, which will often cost you a collar bone or wrist.
Please be careful out there.....we are obviously invisible.

Anonymous's picture
JB (not verified)

"""Basically I went down without attempting to save myself in any way, which will often cost you a collar bone or wrist.""

Sounds good, can you describe your technique in more detail. Earlier this summer I was cut off by a car on 9w and broke and or injured my wrist, elbow and both shoulder's. I was very lucky not to have made contact with the car.

The car sped off."

Anonymous's picture
anthony accardi (not verified)
it all happened so fast ....

that I was unable to even react. I was literally up one moment and down the next. From my road rash and torn clothes, I think I rolled onto my shoulder and slid on my glute. My helmet did not have a single scuff but the right leg of my shorts were shredded. As dopey as it may sound I play a game with my kids where we dive and tumble over each other in the grass in anticipation of this sort of thing. I think it may have worked. I snowboard in the winter and have learned not to automatically throw out my arm. Mostly I think I was lucky

Anonymous's picture
George Arcarola (not verified)

Too often we see or hear of these types of incidents. Outside of having eyes in the back of our heads there doesn't seem to any way of ensuring a cyclist's safety. One would hope that groups like the TA and our very own club would continue to loudly advocate better enforcement of existing laws as well as educate the driving public (of which I am also a member) on safety issues.

George

Anonymous's picture
JP (not verified)
Is there an explanation?

This incident and so many, too many like it, are simply outrageous.

“I didn’t see him”? Try that excuse with a red light, a stop sign, a yield sign. The early morning glare? Slow down. Stop! I really fail to comprehend why a driver of a multi-ton, combustion-powered conglomeration of metal is vindicated for driving a vehicle blindly and lethally into a human being. It is not that much different than firing a gun, and while having a moment of impaired vision, still firing and killing someone. Oh, sorry, I didn’t see him?!?

The closest I am able to come to understanding such motor vehicle-cyclists incidents is either a complete lack of consideration from the police for cyclists (conspiracy theory?) or, more humanely, an assumption of the risk. This assumption is a legal concept where wrong-doing and/or negligence is deemed unfounded because the victim willingly interposed him/herself in a potentially dangerous situation. The best example I can think of would be a fan getting hit in the face with as foul ball at a baseball game – a nice box seat provides a great view, but you better be attentive or you may get a baseball facial. If you do get hit, you assumed the risk and have no recourse. I do not agree that this assumption applies to most motor vehicle-cyclists incidents, but perhaps the police do. A PO may think: You hop on your bicycle, ride miles and miles unprotected alongside tons of metal … and you get hurt or killed. So …don’t be a roadie! Take up knitting. This flies in the face of logic and justice, but is one explanation for our second, no, third rate status on the road. Motor vehicles first, peds second, cyclists and animals third. Actually, I believe there are penalties for driving a motor vehicle into a deer. That would make cyclist fourth rate on the road. Grizzly road kill we may be. And perhaps the fact that the cyclist was 74 had some part in this. Ageism could be in play. The police could think, in addition to what I have said above, that the geezer should not be riding anyway.

I am outraged and baffled.

I am sad too. RIP Ennio Spiri. I grieve for you … and so many others.

cycling trips