No contest plea, community service in cyclist’s death

[Keith A]

I have several friends who knew this cyclist personally, the driver only got 120 hours of community service :mad:
https://www.gainesville.com/news/20190416/no-contest-plea-community-service-in-cyclists-death

[rcnute]

I guess the issue is what were the other potential crimes/infractions and whether they were provable.

Ryan

[nesteel]

Hopefully the civil suit keeps the driver financially challenged for the rest of his life as a constant reminder. Its the last chance at anything resembling justice for the family now. (I certainly hope they will/already have filed one)

[soulspinner]

wow

[madsciencenow]

If you get to the end of the article the community service will essentially pay the fines and leave him with less than $100 in money owed. Hopefully, there is additional litigation pending.

The inconvenience of losing his license for a year and whatever goes on his record (does anything land there?) are probably the biggest disincentives to not hitting a cyclist.


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[jamesdak]

So sad to see time and time again how little the life of a cyclist is according to the antiquated laws. :mad::mad::mad:

[thwart]

Hmmm. Wonder what the penalty would be if he killed a pedestrian who was walking along the road next to the curb, in an area with no sidewalks.

The message this sort of sentencing sends to non-cycling motorists is disturbing.

[oldpotatoe]

Hmmm. Wonder what the penalty would be if he killed a pedestrian who was walking along the road next to the curb, in an area with no sidewalks.

The message this sort of sentencing sends to non-cycling motorists is disturbing.

Have no idea but I don't really think there is a vast conspiracy against these vehicles(bicycles) that share the road with cars..as is implied.
So sad to see time and time again how little the life of a cyclist is according to the antiquated laws

[William]

Have no idea but I don't really think there is a vast conspiracy against these vehicles(bicycles) that share the road with cars..as is implied.

No, but time and time again it sends the message that if you are going to "play" in the road with cars then it's the cyclists fault.






W.

[thwart]

Have no idea but I don't really think there is a vast conspiracy against these vehicles(bicycles) that share the road with cars..as is implied.

No vast conspiracy, just tribalism. Almost everyone has been a pedestrian.

[madsciencenow]

It would be interesting to understand what the max available sentencing available was here? I’m frustrated that someone could hit someone riding a bike, kill them, and pay such a low price but knowing more detail is essential here with regard to the judges decision.


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[Keith A]

Here are a couple of news story that was posted after his death...
https://www.gainesville.com/news/20180510/gainesville-bicyclist-dies-after-tuesday-accident
https://www.wcjb.com/content/news/Professional-bicyclist-killed-in-accident-482354451.html

[oldpotatoe]

No, but time and time again it sends the message that if you are going to "play" in the road with cars then it's the cyclists fault.

W.

My point is that in the case, as an example, somebody said, 'it's a guy on a bike', so let's go easy on the driver..It IS a unique situation in that 'roads' are indeed shared by cars and bikes and it IS dangerous. But I don't think a conscience decision by law enforcement to change the 'punishment' of the car driver because the victim was on a bike..Is all..very sad all around.

The lady that hit me from behind, after she fell asleep at 10:30 on a Saturday morning, got 4 points and 40 hours of community service and a $250 fine..:eek: BUT, if I had been walking..not sure the penalty would have been different.

[djg21]

The “lock him up” mantra may be short-sighted. I’d much rather see the widow and son sue for wrongful death, and extract a huge judgment or settlement. The victim was 42 and hopefully had some decent earning power. A judgment is assured given the plea/conviction. The only question that remains is how much? I think it in the best interest of the widow and son to take a sizable judgement far in excess of the insurance policy, so that the perp can lose his home and F-150 and work to pay the judgment. Locking the driver up wouldn’t necessarily be in the best interest of the victim’s widow and son.

[Gummee]

Just goes to show that if you want to commit murder here in the US all you need to do is prop the guy up on a bicycle, run him over, then claim 'I didn't see him!'

There doesn't seem to be any legal reason to not run over a cyclist when you meet up with one on the road.

Sad state of affairs

M

[sitzmark]

Have no idea but I don't really think there is a vast conspiracy against these vehicles(bicycles) that share the road with cars..as is implied.

I think you're right. From general reading about passenger, pedestrian, and cyclist deaths related to road collisions, the sentences are similar. Many more pedestrians die than cyclists every year. FAR FAR more people die in vehicles as a result of accidents/collisions (call them what you want) and the results are not different unless gross neglect is proven (criminal court).

This and many other cyclist/vehicle collisions are gut wrenching, nonetheless.

[johnmdesigner]

In NYC peds don't fare any better than cyclists after an accident.
Stay at the scene, play dumb, no drink or drugs and you get a free pass.
Numerous pedestrian deaths here in the crosswalk with the walk light no charges filed.
NYPD and prosecutors office best tagline "No charges filed".
Civil suits for monitary damages tend to produce better results but then burden of proof is all on the victims family. No assistance from our useless government.
A new "ghost bike" was recently put up on my street corner. Last night my wife and I were almost ran over by a F-150 while we were in the crosswalk with the light. He looked straight at us and accelerated. Had he hit us it would have been "no charges filed".
Civil governments are no longer interested in civil law. A Mayor, Police Commissioner and District Attorney who condone this kind of behavior are worse than useless.

[redir]

So what happens when two cars are involved in an accident and someone dies? Does the person at fault get prison time? That is to say of course if there was no malicious intent or gross negligence like drunk driving or high speeds etc.. But just some one did something dumb and someone else got killed kind of thing.

[jtakeda]

So what happens when two cars are involved in an accident and someone dies? Does the person at fault get prison time? That is to say of course if there was no malicious intent or gross negligence like drunk driving or high speeds etc.. But just some one did something dumb and someone else got killed kind of thing.

Usually no charges. Turns into a civil case, victims family v other driver

[GregL]

https://cnycentral.com/news/local/no-charges-filed-in-buckley-road-crash-that-killed-73-year-old-man-on-lawn-mower

This "accident" happened at the end of my block. IMO you can kill a person with no serious penalty in this country as long as you are appropriately licensed/insured and not speeding, impaired, or using personal electronics. In the case cited above, the poor victim was approximately 20 feet clear of the road. Since the road has a 6' shoulder, the driver had to move nearly 30' off the road AND hit a phone/power pole before fatally striking the victim. For such gross negligence, the driver received a ticket for an unsafe lane change. Absolutely crazy! How about a lifetime license revocation to start?!?

Greg

[OldCrank]

Interesting that they seemed to have used the 3' law.
A pretty new addition.
Driving up and over a cyclist in your pickup truck is apparently not giving him his 3 feet.

IMO the 'message sent to drivers' is that most have never heard of a driver being much more than slightly inconvenienced for killing a cyclist. Thus the 'GET OFF MY ROAD' attitude - see the comments after that article.

[johnmdesigner]

"Oh, I didn't see them (crossing legally in the crosswalk) ".
"I didn't know I hit someone so I left".
"I hit someone but they looked OK so I left".
"Well I knew I had epileptic seizures but I continued to drive anyway"
Is just nospeak for,
"I was in a hurry and the people should get out of my way".
"I was playing with myself".
"I was 6 levels deep into social media".
"The road was blocked but the sidewalk was open so I took it".
All get an "out of jail free" card.

[bambam]

While punishment is light at least something was done.

Some Progress?

Here in KY I've yet to hear of charges even being filed in the death of a cyclist by a vehicle.

I seem to remember one case the driver was former Miss America (Head on Driver heading into the setting sun while the cyclist was approaching in the same lane).
One case a current police officer (Running over someone on an overpass from behind)
One case cyclist hit from behind on the bridge over the Ohio River at 2 in the afternoon on a clear day.

No charges files in any case.

[redir]

Usually no charges. Turns into a civil case, victims family v other driver

So I imagine then that's the same thing that will happen here. And I guess since he was actually charged with at least something it would be even easier to win such a case.

The point I am making is that everyone is saying burn this guy in hell, and I get that, I'm a cyclist too who has been hit twice BTW, but if he didn't try to buzz the guy and bully him or worse actually try to hit him on purpose then this gets chalked up as an accident. It's not to say that accidents don't have fault, they do but (s)he that is without sin among us cast the first stone. I certainly don't consider myself perfect and God forbid if when one of my imperfections arise it's while I am driving a car and someone ends up dead.

Again the assumption here is that the guy just made a really stupid mistake. Riding a bike on the road is no different then a car or a motorcycle, there is a known risk and ALL people make mistakes. Why I'm in favor of self driving tech.

[djg21]

So I imagine then that's the same thing that will happen here. And I guess since he was actually charged with at least something it would be even easier to win such a case.

The point I am making is that everyone is saying burn this guy in hell, and I get that, I'm a cyclist too who has been hit twice BTW, but if he didn't try to buzz the guy and bully him or worse actually try to hit him on purpose then this gets chalked up as an accident. It's not to say that accidents don't have fault, they do but (s)he that is without sin among us cast the first stone. I certainly don't consider myself perfect and God forbid if when one of my imperfections arise it's while I am driving a car and someone ends up dead.

Again the assumption here is that the guy just made a really stupid mistake. Riding a bike on the road is no different then a car or a motorcycle, there is a known risk and ALL people make mistakes. Why I'm in favor of self driving tech.

You opened a can of worms by using the term “accident.” I’ve learned here that there never are “accidents” when cyclists and autos are involved. Rather, there are “collisions” or “encounters.”

I’ve stopped arguing. **** does happen, and unless an act is intentional or amounts to gross negligence (reckless disregard for human life), there is no need to extract a pound of flesh by prosecuting criminally.

[johnmdesigner]

So I imagine then that's the same thing that will happen here. And I guess since he was actually charged with at least something it would be even easier to win such a case.

The point I am making is that everyone is saying burn this guy in hell, and I get that, I'm a cyclist too who has been hit twice BTW, but if he didn't try to buzz the guy and bully him or worse actually try to hit him on purpose then this gets chalked up as an accident. It's not to say that accidents don't have fault, they do but (s)he that is without sin among us cast the first stone. I certainly don't consider myself perfect and God forbid if when one of my imperfections arise it's while I am driving a car and someone ends up dead.

Again the assumption here is that the guy just made a really stupid mistake. Riding a bike on the road is no different then a car or a motorcycle, there is a known risk and ALL people make mistakes. Why I'm in favor of self driving tech.

I've been driving for 48 years and never had an accident. Never hit man or vehicle. So I'll cast the first stone.

[Gummee]

Again the assumption here is that the guy just made a really stupid mistake. Riding a bike on the road is no different then a car or a motorcycle, there is a known risk and ALL people make mistakes. Why I'm in favor of self driving tech.

...and the victim blaming starts...

Let's not hold people accountable for their actions in a multi-ton vehicle that can (and does!) kill people on a regular basis. Driving is not some doG-given right. It's a privilege and should be treated as such.

M

[redir]

...and the victim blaming starts...

Let's not hold people accountable for their actions in a multi-ton vehicle that can (and does!) kill people on a regular basis. Driving is not some doG-given right. It's a privilege and should be treated as such.

M

Use your red pen and show me exactly where I blamed the victim.

[vincenz]

Why is it always pickup trucks?

[djg21]

...and the victim blaming starts...

Let's not hold people accountable for their actions in a multi-ton vehicle that can (and does!) kill people on a regular basis. Driving is not some doG-given right. It's a privilege and should be treated as such.

M

People are held accountable in civil proceedings. They are prosecuted and punished in criminal ones. This distinction is lost here. There is no crime without a requisite mental state, i.e., intent or reckless disregard.

[Gummee]

Use your red pen and show me exactly where I blamed the victim.
The whole post.

Let's whitewash taking someone's life because 'he made a mistake.' Oops. My bad. I'm driving a car and 'made a mistake' and now your life is over. Too bad. So sad. Bye now. Gotta run! Late for Jr's soccer practice!

M