Writer Dan Duane is a proud resident of Greater Cortlandia, and in last Sunday’s New York Times, he wrote a provocative essay about imbalances in the US legal system that allow many motorists to face few penalties when collisions with bicyclists occur.
Cycling has become a much more popular way to get around town, yet as Neighbor Dan writes:
The social and legal culture of the American road, not to mention the road itself, hasn’t caught up. Laws in most states do give bicycles full access to the road, but very few roads are designed to accommodate bicycles, and the speed and mass differentials — bikes sometimes slow traffic, only cyclists have much to fear from a crash — make sharing the road difficult to absorb at an emotional level. Nor does it help that many cyclists do ignore traffic laws. Every time I drive my car through San Francisco, I see cyclists running stop signs like immortal, entitled fools. So I understand the impulse to see cyclists as recreational risk takers who deserve their fate.
But studies performed in Arizona, Minnesota and Hawaii suggest that drivers are at fault in more than half of cycling fatalities. And there is something undeniably screwy about a justice system that makes it de facto legal to kill people, even when it is clearly your fault, as long you’re driving a car and the victim is on a bike and you’re not obviously drunk and don’t flee the scene. When two cars crash, everybody agrees that one of the two drivers may well be to blame; cops consider it their job to gather evidence toward that determination. But when a car hits a bike, it’s like there’s a collective cultural impulse to say, “Oh, well, accidents happen.” If your 13-year-old daughter bikes to school tomorrow inside a freshly painted bike lane, and a driver runs a stop sign and kills her and then says to the cop, “Gee, I so totally did not mean to do that,” that will most likely be good enough.
“We do not know of a single case of a cyclist fatality in which the driver was prosecuted, except for D.U.I. or hit-and-run,” Leah Shahum, the executive director of the San Francisco Bicycle Coalition, told me.
IMAGE: Art bike in Bernal Heights, by Telstar Logistics