Comments on: AG: No Charges in Cycling Death

By: detay61

detay61 — Thu, 20 Mar 2008 17:36:46 +0000

As I see this case dropped I can’t help but wondering if it had less to do with a disregard for the victims and more to do with the status of the driver. I think that if a person driving a Celica killed a cyclist they would fall under the entire weight of the law, while someone driving a Cayenne would find the case dropped.

Did that letter ever make it to the AG?

By: Barry

Barry — Sat, 22 Dec 2007 17:43:48 +0000

I think it may be appropriate for an offical letter from the Bike Providence coalition to be sent to the AG expressing concern about the case as it is chilling for all on-road bicyclists that speeding, veering off the main travel lane and killing a cyclist results in no charges. If the AG feels there are no applicable laws violated, then we should ask about possible legislation to make such a situation a violation, involuntary manslaughter perhaps, or driving to endanger of some kind.
Was there any traffic citation given to the driver at all?
Note one of the recent pedestrian deaths from a snow-plow (the pedestrian had to walk in the road since sidewalks were not cleared) also resulted in no charges against the driver. Pedestrian deaths are trending up in Rhode Island but there seems to be noone in authority all that concerned. (I was at a Transportation Advisory Committee meeting where the only concern in a report from a spokesperson for DOT traffic safety was about the safety of motorists.

By: Mark

Mark — Wed, 19 Dec 2007 03:23:49 +0000

The Providence Journal posted a follow-up story today. The family of the cyclist feels the investigation was handled poorly and that the accident reconstructionist was wrong. Apparently, there are two eye witnesses whom the family feel have testimony that contradicts some of the “facts” presented by the AG.

My gut tells me that it’s unlikely the AG’s office will reconsider the case and it will proceed to be heard in a civil court.

By: Mark

Mark — Tue, 18 Dec 2007 14:08:10 +0000

There was a recent article in Bicycling magazine about bike accidents stating that

“Barely a week goes by when you don’t hear of a cyclist being killed, the behavior of the driver being outrageous, and the response of law enforcement or the penalty passed on to the driver being woefully inadequate,” says Andy Clarke, executive director of the League of American Bicyclists. “The kinds of crashes we’re talking about almost always involve a motorist who was hopelessly distracted or out of control-speeding, taking corners as they shouldn’t, talking on a cell phone, or reaching for a CD. Most are avoidable and preventable, but the response is so feeble. It’s an intensely frustrating feeling of powerlessness.”

The issue Don raises is a good one. I guess what makes me so upset is not that this case was passed up by the criminal courts, but the message being sent. It’s unlikely that the outcome of a civil case will make headline news, heck it’s just another cyclist that was killed. What did make the headlines is that the criminal charges were dropped. As far as I’m concerned, this just sends the wrong message.

A friend of mine long ago told me that if anyone ever wanted to commit murder, they should use their car. While this woman will likely be experience some monetary fine, it’s likely the insurance companies that feel the real burden of her actions and the lawyers that reap the benefits. I’m a true believer in having the punishment fit the crime. If we had better public transportation in this state, I’d be tempted to have cases like this result in the loss of a drivers license. I suspect this would be the outcome in Europe.

By: Don R.

Don R. — Mon, 17 Dec 2007 14:19:01 +0000

This is indeed ridiculous and sad. Law enforcement takes pains to protect motorists as usual.

Police and criminal courts just don’t like to prosecute ‘normal folks,’ regardless of their negligence. They save their effort for obvious ‘bad guys.’

But the real meat of this will play out in the civil courts. The cyclist’s family has already filed a civil suit against the driver, and the results of that case will provide the real pragmatic justice here, if any. I hope that case receives enough publicity as it proceeds for us to be aware of its results.