No contest plea, community service in cyclist’s death

[sitzmark]

Originally Posted by oldpotatoe

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]

Originally Posted by 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.

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

[GregL]

https://cnycentral.com/news/local/no...-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]

Originally Posted by jtakeda

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]

Originally Posted by redir

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]

Originally Posted by redir

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]

Originally Posted by redir

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]

Originally Posted by Gummee

...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]

Originally Posted by Gummee

...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.