According to a recent report by the League of American Bicyclists, barely one in five drivers who end bicyclists’ lives are charged with a crime. The low prosecution rate isn’t a secret and has inspired many to wonder whether plowing into a cyclist with a car is a low-risk way to commit homicide. …
Data on the official number of prosecutions in fatal bicycle collisions is sparse, and following up on prosecution is the least-covered point. A May 2014 report from the League of American Bicyclists reads, “We don’t know much about the consequences of most crashes that result in bicyclist fatality.” Based on incomplete data, the report estimates, “Nationally, 45 percent of fatal cyclist crashes had some indication of a potential enforcement action; 21 percent had evidence of a likely charge; [and] 12 percent resulted in a sentence.” Put another way, killing a cyclist with a car was effectively legal in more than seven of every eight cases.
Update from a reader:
I agree with the absurd situation regarding the law and driver vs biker. Sure, there are laws on the books in many places that supposedly protects bikers, such as the one here in Alabama (as well as many places else) that stipulates cars had to clear a certain distance from bikes while passing them on the road. Enforcing them, however, are a whole different matter.
My little brother was side swiped by a car a few years ago.
Luckily, he had just minor concussion from the accident. However, the driver was not charged with any wrong doing with regards to the incident, even though she was clearly at fault. Worse, she sued my family for supposed damage to her car, and we lost because we didn’t hire a lawyer. We were hit with a 1000 dollar judgment.
We ended up hiring a lawyer for a total of $750 (including court costs and subpoena costs), and had the case thrown out on a technicality on appeal (we mounted a pretty convincing appeal and everything, but in the end, the new judge still didn’t find our counterclaim sufficient).
In short, not only the laws, but also the enforcers and the judges, are pretty much against the bikers in most instances. We’re at a point where bikers getting mauled down by cars most likely won’t get any justice, in a criminal case, but might actually be found liable for damages in a civil case.
(Photo of Alvaro Olsen’s ghost bike by Scott Beale / Laughing Squid)
The Dish 