Tag Archive for vehicular assault

Massachusetts Bicyclist Safety Bill vs. Dr. Doom and his Disciples of Death

The last few days, I’ve been reading, with increasing degrees of stomach-churning disgust, the comments that followed the Times’ article about the good doctor’s not guilty plea on their L.A. Now blog

Stomach churning, because many of our fellow citizens seem to believe they are justified in using their car as a deadly weapon, should any cyclist have the audacity to annoy or inconvenience them — and that the good doctor did nothing wrong, despite intentionally injuring two fellow human beings.

Stomach churning, in that many of the comments said that the cyclists were to blame, accusing them of tailgating the good doctor — despite the fact that he admitted intentionally cutting in front of the riders, then slamming on his brakes to teach them a lesson. Or at the very least, that their obnoxious behavior somehow justified sending both to the emergency room.

And stomach churning, in the appalling lack of knowledge of regarding the rights of cyclists under California law — and the belief that roads were made exclusively for motorized vehicles.

While I recognize that some — but by no means most — cyclists may ride in a dangerously aggressive manner, it is disingenuous at best to blame all riders for the actions of a relative few. As I was discussing with an employee at a local bike shop over the weekend, many drivers remember the single rider they saw blow through a red light, but never notice the others who waited patiently for it to change.

Then there are those who don’t believe we even belong on bikeways that were designed and built for our safety.

So despite the progress made in L.A. with the Cyclist’s Bill of Rights, it’s clear that we still have a very long way to go.

Contrast that with the new bill that was recently signed into law in Massachusetts. The Massachusetts Bicyclist Safety Bill applies common sense solutions to many of the problems we face everyday, on every ride.

Like making it clear that signals are not required when they would interfere with safe operation of the bike, such as when both hands are needed for braking or steering. Banning dooring, as well as cutting riders off after passing or when making a turn — something I’ve addressed previously.

And requiring that all police recruits receive training on “bicycle-related laws, bicyclist injuries, dangerous behavior by bicyclists, motorists actions that cause bicycle crashes, and motorists intentionally endangering bicyclists.” In-service training on the same subjects is optional for more experienced officers.

Imagine a police force that is actually knowledgeable, familiar with the rights and responsibilities of cyclists, and how motorists can cause cycling accidents — intentionally or otherwise.

I’ve been struggling lately with the question of what comes next, now that the Cyclists’ Bill of Rights is well on it’s way to becoming law.

As indicated above, I’ve made some suggestions for ways the California Vehicle Code could be changed to better protect riders and encourage cycling. (Scroll down to “Change the law. Change the world.”, then back up to see the individual suggestions.)

Another step would be to take the Cyclists’ Bill of Rights to the state level and make it part of the Vehicle Code. And require that drivers be tested on the full range of state cycling laws when they apply for their licenses.

As indicated in my previous post, Brayj had an excellent suggestion yesterday, when he said that the MTA could be sued to force funding of bicycle-related projects. And Ingrid Peterson of Rearview Rider added to his concept by suggesting that it’s time for a local coalition of cyclists and lawyers to protect our collective interests.

But we could do a lot worse than taking the full text of the Mass. law directly to our state representatives, and insisting that they use it as a platform for reforming our cycling laws.

Once they get off their collective asses and do something about the damn budget mess, that is.

 

Australian riders blame helmet laws for keeping cycling commuters off the road. Evidently, New York Police ignore hit-and-run accidents involving cyclists — as well as requests for more information. And cyclists fight back against bike thieves with exploding locks.

Bike law change #11: Investigate and prosecute any reported incidence of vehicular assault as a criminal violation

Awhile back, following the infamous Mandeville Canyon brake test, a woman wrote to describe her experience as bicycle commuter along a major east-west thoroughfare in the San Fernando Valley.

Like many streets in this city, there was no shoulder or bike lane, so she was forced to ride in the traffic lane, as impatient drivers honked or raced closely past her. One in particular, apparently angry at being stuck behind her at a red light, revved his engine and lurched forward, actually making contact and lifting her rear wheel off the ground in what she could only interpret as a not-so-subtle threat.

Actually, it was a crime. Or if it wasn’t, it certainly should have been. Because while most of us see a car as simply a means of getting from here to there, in the wrong hands, it can be a deadly weapon.  And there is no real difference between threatening a cyclist with a car or with a gun, since both are capable of inflicting serious injury or death.

Sections 240 – 248 of the California Penal Code define assault as “…an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another;” battery is defined as “any willful and unlawful use of force or violence upon the person of another.” Meanwhile, section 245 sets a penalty of up to 4 years in prison for assault with a deadly weapon other than a gun.

Like a car, for instance.

Of course, there are other ways a car can be used as a deadly weapon, from intentionally causing an accident by striking the cyclist or forcing the cyclist to strike the car, as the good doctor has been charged with doing, to intentionally striking a rider with an open car door, or forcing the rider off the road or into another vehicle.

Any one of these can cause serious injury or death. Even simply throwing something at a rider from a moving vehicle — as has happened to many, if not most of us, at one time or another — can cause a rider to lose control of his bike, with potentially deadly consequences.

But just try to report something like that to the police; in most cases, they’ll say that since they didn’t see it, there’s nothing they can do. Or if they do bother to respond, usually because of an injury to the rider, they’ll investigate the incident as a traffic accident, rather than the criminal activity it is.

Yet they would never tell the victim of an armed robbery that there’s no point in investigating, since they didn’t actually see the crime take place; nor would they investigate a mugging as a simple accident. Even a report of someone brandishing a gun in a threatening manner is enough to provoke a massive police response.

But commit the same crime with a car, and you’re virtually guaranteed of getting away with it.

So let’s demand the protection we deserve. Let’s contact our legislators, and insist that they amend sections 240 – 248 to clearly specify that anyone who uses a motor vehicle to threaten, intimidate, attack or injure a cyclist or pedestrian can, and should, be charged with assault and/or battery with a deadly weapon, and subject to a prison term and seizure of the vehicle, as well as permanent loss of driving privileges.

And insist that any report of a motor vehicle being used in such a manner be investigated by the police to the fullest extent possible as a criminal matter, rather than a traffic infraction.

Because your life, and mine, may depend on it.

 

 

An elderly woman was hit and killed by a teenage cyclist on his way to band practice yesterday. Vision Zero attempts to end the body count; isn’t it time Los Angeles got on board? Green LA Girl plans on attending the LACBC’s Bicycle Road Skills Class (and early wishes for a happy birthday); meanwhile, C.I.C.L.E. is offering an Intro to City Riding for eight lucky riders, which takes place the same day as the inaugural Tour de Ballona, none of which I’ll be attending unless these damn allergies improve. Evidently, L.A. now has its own version of N.Y.’s popular Bike Snob. And finally, this is just one reason why those allergies are killing me today.