bicyclist gets felony manslaughter for plowing through red lights, pedestrian

[sdmichael]

I say he should get the same punishment a motorist would for killing a pedestrian.

Sadly, that "punishment" is usually nonexistent. Too many cyclists get killed by automobile drivers with next to no penalties, barely a ticket is even issued most of the time, locally anyway. I'm glad to see this cyclist is getting punished for what he did, but considering the numbers - why no major backlash against the thousands that kill every year with autos through negligence on the drivers part?

I don't think you're right on any level.

The total number of bicycle fatalities for entirety of 2011 (the most recent year we have stats for) is 677, so it would be mathematically impossible for thousands to be killed every year.

(Taken from R.C. Moeur - http://bit.ly/14K0ChR) The vast majority of bicycle crashes–69%–do not involve a motor vehicle at all. Of the remaining 31% that do, it's nearly a wash between "cyclist's fault" (11%), "motorist's fault" (14%), and "other circumstances" (6%). I was also startled to see NHTSA data indicating that over a third of bicycle fatalities involved the cyclist being under the influence of alcohol, with most of those being over the legal limit (http://1.usa.gov/1bPhir1).

I'm a cyclist myself–one of the few that obeys traffic laws. And I think we'll all agree that even one cyclist being injured or killed by a careless motorist is one too many, but I also think the reality is a far cry from innocent motorists being ground under the wheels of evil automobiles.

As to motorists at fault for cyclist deaths "barely getting a ticket", do you have any stats to back that up? Let's ask some defense attorneys; I doubt they'll agree.

I've been personally involved in three cycling collisions - all three entirely the drivers fault. All three were not cited despite the evidence. I am aware of at least three cyclists that have been killed in the past year in San Diego - no citations whatsoever for the offending driver. Perhaps you should reread your statement. I was referring to deaths caused by motorists, not other issues. The usual excuse is "I didn't see them", one was driving their car in the bicycle lane.

[Duke87]

My experience is that pedestrians are completely unaware of approaching cyclists until you ring a bell. They act like they have the road to themselves. The most foolish thing they do is walk in pitch dark with no lights. Bicycle headlights only shine so far, and not around curves. When cycling, I've kinda come close to hitting pedestrians on several occasions at night due to their lack of lights.

This is a problem for drivers as well as cyclists. I've never actually come close to hitting someone but I have on many occasions been driving at night and been startled because "holy shit there's a person there", wearing dark clothing with no light source, in the roadway, and thus not noticed by me as soon as I would like. The most common offenders seem to be people walking their dogs. Joggers too to some degree, but they're usually smart enough to make themselves them more visible. I've even seen people jogging at night in reflective vests!

[Kacie Jane]

I've even seen people jogging at night in reflective vests!

An intelligent human being? How shocking!

[realjd]

I've even seen people jogging at night in reflective vests!

An intelligent human being? How shocking!

NERDS!!!

[bandit957]

Cyclists have a right to use the roads. They also have a legal obligation to follow traffic laws. That includes not intentionally plowing through a group of pedestrians. If a car driver made statements like that it wouldn't have been a manslaughter charge, it would be murder.

If a car driver killed a bicyclist, they likely wouldn't be prosecuted at all.

[Brandon]

Cyclists have a right to use the roads. They also have a legal obligation to follow traffic laws. That includes not intentionally plowing through a group of pedestrians. If a car driver made statements like that it wouldn't have been a manslaughter charge, it would be murder.

If a car driver killed a bicyclist, they likely wouldn't be prosecuted at all.

Bunk.  They get prosecuted quite often in Chicago.

[agentsteel53]

This is a problem for drivers as well as cyclists. I've never actually come close to hitting someone but I have on many occasions been driving at night and been startled because "holy shit there's a person there", wearing dark clothing with no light source, in the roadway, and thus not noticed by me as soon as I would like. The most common offenders seem to be people walking their dogs. Joggers too to some degree, but they're usually smart enough to make themselves them more visible. I've even seen people jogging at night in reflective vests!

when I worked late and took a bus home for a particular job, I wore a reflective vest to walk home from the bus stop.

I've been known to yell "wear something darker, asshole!" at idiots who are walking down the middle of the road, wearing all black.  you know you're failing at life on so many levels if all I can see of you is the burning end of your cigarette.

[Brian556]

I've been known to yell "wear something darker, asshole!" at idiots who are walking down the middle of the road, wearing all black.

Good for you. These morons need to be corrected.

[Brandon]

This is a problem for drivers as well as cyclists. I've never actually come close to hitting someone but I have on many occasions been driving at night and been startled because "holy shit there's a person there", wearing dark clothing with no light source, in the roadway, and thus not noticed by me as soon as I would like. The most common offenders seem to be people walking their dogs. Joggers too to some degree, but they're usually smart enough to make themselves them more visible. I've even seen people jogging at night in reflective vests!

when I worked late and took a bus home for a particular job, I wore a reflective vest to walk home from the bus stop.

I've been known to yell "wear something darker, asshole!" at idiots who are walking down the middle of the road, wearing all black.  you know you're failing at life on so many levels if all I can see of you is the burning end of your cigarette.

Maybe these morons are trying hard to avoid breeding.  Nature has a way of selecting against morons.  Unfortunately, trial lawyers tend to select for them.

[agentsteel53]

Maybe these morons are trying hard to avoid breeding.  Nature has a way of selecting against morons.  Unfortunately, trial lawyers tend to select for them.

alas, they seem to be of the demographic which does a lot of recreational breeding.

a lot of society's problems would be reduced if we could just somehow make condoms be the latest "cool trend, bro!"

[hm insulators]

I have seen county and municipal police outside of D.C. (several agencies) stop and cite bike riders for blatantly busting STOP signs.

I wish I had seen that in Alexandria even once when I lived there.

Police busting bicycle riders? Never heard of such a thing.

Seriously, when I lived in Los Angeles, I wished I had seen police giving these ding-a-lings tickets. Honestly, I've seen people on bicycles running red lights right in front of the cop and the cop looks the other way and pretends he didn't see anything. (Though to be fair to the cop, he might've been on his way to a radio call.)

Now I live in Phoenix and it's the same way here with people on bikes just refusing to obey the traffic laws. Just yesterday I was taking one of my neighbors to the doctor and a kid on a bike just crossed the street right in front of us when we had the green light.

[hm insulators]

I've even seen people jogging at night in reflective vests!

An intelligent human being? How shocking!

Hmmmm. Don't beam me up yet, Scotty; we may have been wrong about no intelligent life on Earth.

[Duke87]

Police busting bicycle riders? Never heard of such a thing.

NYPD has become known to do so in recent years.

Of course, it's treated as an excuse to grab money and meat quotas rather than actually do anything about safety. Here's one example. There have also been stories of police setting up shop near a vehicle illegally parked in a bike lane and, rather than ticketing the illegally parked vehicle, stopping and ticketing any cyclists who come by and go around it for biking outside of the bike lane - but none of those have been substantiated.

[wphiii]

Police busting bicycle riders? Never heard of such a thing.

NYPD has become known to do so in recent years.

Of course, it's treated as an excuse to grab money and meat quotas rather than actually do anything about safety. Here's one example. There have also been stories of police setting up shop near a vehicle illegally parked in a bike lane and, rather than ticketing the illegally parked vehicle, stopping and ticketing any cyclists who come by and go around it for biking outside of the bike lane - but none of those have been substantiated.

Is it even illegal to not use a bike lane when one is present? That seems nuts to me.

[Central Avenue]

Police busting bicycle riders? Never heard of such a thing.

NYPD has become known to do so in recent years.

Of course, it's treated as an excuse to grab money and meat quotas rather than actually do anything about safety. Here's one example. There have also been stories of police setting up shop near a vehicle illegally parked in a bike lane and, rather than ticketing the illegally parked vehicle, stopping and ticketing any cyclists who come by and go around it for biking outside of the bike lane - but none of those have been substantiated.

Is it even illegal to not use a bike lane when one is present? That seems nuts to me.

Even if it is, it seems like "the bike lane is physically impassible" ought to be a rather obvious defense...

[agentsteel53]

Is it even illegal to not use a bike lane when one is present? That seems nuts to me.

I would imagine there is precedent.  using a slower form of transportation on a surface designed for faster forms is, generally speaking, classified as "jaywalking".  I wonder if there is a "jaybiking" for not using the provided lane.

it would indeed be silly to have - and enforce - such a law, but it may be legally kosher.

[Duke87]

Is it even illegal to not use a bike lane when one is present? That seems nuts to me.

I would imagine there is precedent.  using a slower form of transportation on a surface designed for faster forms is, generally speaking, classified as "jaywalking".  I wonder if there is a "jaybiking" for not using the provided lane.

it would indeed be silly to have - and enforce - such a law, but it may be legally kosher.

Apparently the law in New York says that cyclists are required to ride in the bike lane if there is one and the street is less than 40 feet wide. If the street is more than 40 feet wide they are allowed to ride along either side, but not in the middle. And since the law says nothing about if the bike lane is illegally blocked, those tickets are legally kosher as well, albeit absurd to anyone with common sense.

[NE2]

http://72.0.151.116/nyc/rcny/Title34_4-12.asp

(1) Bicycle riders to use bicycle lanes. Whenever a usable path or lane for bicycles has been provided, bicycle riders shall use such path or lane only except under any of the following situations:
(i) When preparing for a turn at an intersection or into a private road or driveway.
(ii) When reasonably necessary to avoid conditions (including but not limited to, fixed or moving objects, motor vehicles, bicycles, pedestrians, pushcarts, animals, surface hazards) that make it unsafe to continue within such bicycle path or lane.

Asshole cops can and do ignore the 'except' part.

[empirestate]

http://72.0.151.116/nyc/rcny/Title34_4-12.asp

(1) Bicycle riders to use bicycle lanes. Whenever a usable path or lane for bicycles has been provided, bicycle riders shall use such path or lane only except under any of the following situations:
(i) When preparing for a turn at an intersection or into a private road or driveway.
(ii) When reasonably necessary to avoid conditions (including but not limited to, fixed or moving objects, motor vehicles, bicycles, pedestrians, pushcarts, animals, surface hazards) that make it unsafe to continue within such bicycle path or lane.

Ah, there's the rub; it says "unsafe", not "impossible". You could always dismount and carry your bike on foot over the top of a parked vehicle. :-)

The city of New York now actually distinguishes commercial bicyclists from the other kind, and regulates them:
http://www.nyc.gov/html/dot/html/bicyclists/commercial-cyclists.shtml

Since that happened, I have noticed an improvement in commercial bicycle behavior. I don't know if that's because it's actually happening, or because I read about the new enforcement and thus had it mind.

[Duke87]

Interesting that that page says riding an electric bicycle is illegal, as lots of people have them, especially the takeout delivery boys. There is an "e-bike" shop not too far from my apartment. Don't know of anyone ever getting called out for any of this.

I suspect that this is one of those things that's technically true (adding a motor makes it a motor vehicle and thus means it has to be registered with the DMV to be street legal) but just never enforced because it makes no sense to.