■ 24 June 2009 | 5:00 AM
Cyclists need legal protection
TO THE astonishment of many, a recent fatal accident involving a skilled cyclist legally using a public roadway in Virginia Beach did not result in any charges against the driver who hit him. According to the commonwealth's attorney, there are no laws protecting bicyclists or pedestrians from being struck by a vehicle whose driver plainly 'didn't see' the victim.
Unless there is proof of gross negligence or circumstances such as alcohol, drugs, speed or an illegal maneuver on the part of the driver, there are simply no provisions in state law to support bringing charges.
For drivers who are cited, oftentimes it is a mail-in fine. It seems that killing a cyclist or runner doesn't even merit a court appearance, or a look to see if the driver should continue to have a license.
In practice, Virginia law places seemingly little burden on drivers to be alert for and safely maneuver around other roadway users. This needs to be changed so driving skills can be questioned and penalties applied. Nonmotorists using a road or street have every right to expect that drivers will be alert and avoid them.
This could be accomplished by adopting a 'vulnerable roadway user' protection into Virginia law for those who are vulnerable to being killed or seriously injured by a car or truck. The definition can include pedestrians, runners, bicyclists, equestrians, highway workers, and even motorcycles and farm equipment. Oregon has adopted such a law. It includes a mandatory court appearance, a one-year suspension of driving privileges and a $12,500 fine. It falls short of what many would like to see, but it's a start.
Adoption of similar measures by Virginia would provide law enforcement with a useful tool for charging drivers who cause serious injury or death to other users of the public way. 'I didn't see him or her' will no longer be automatically excusable.
Bruce Drees
Virginia Beach
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charlesm, my point was just to refute
the issue that the bikes have no right to be on the road because the riders didn't pay for the privilege.
I agree with you, that bikes have a right to be on a road that is also used by automobiles and taxes have nothing to do with it.
For the record, I also believe in common sense in realizing that bikes will never win a collision contest with a car (for that matter, neither will motorcycles, scooters, skateboards, etc.).
I also don't believe that there are many bikers that purposefully block the road just to anger the motorists. Certainly no more than pedestrians who "mosey" slowly across a street, against the light, to hold up traffic because they can. Or drivers who cut in line, or run red lights, drive on the shoulder or a myriad of other practices of poor manners on the road.
The key is courtesy, respect and empathy and the understanding that we all need to "share the road" and that the minutes saved will never equal the lives that can be lost.
How about…….
How about we ban bicycles? How about we tax bicycles? How about everyone concentrating on just driving? Pay attention to the road and your surroundings. How about we stop using our cell phones, reading the paper, putting on makeup, eating and all the other things we do while driving instead of concentrating on driving. How about we stop passing the blame around and just do what is right and pay attention to our driving. How about that?
Len Rothman
I think you bring up a great point about a biker perhaps "owning a Hummer or a Porsche or being the owner of "your" company." I would imagine many folks, especially those frantically trying to get either to work or home after a hectic day, mistakenly think bikers are free spirited, health conscious, environmental freaks who don't share the responsibilities of the average car commuter.
Actually, I thought that using...
stimulus money for an expensive project like providing for more extensive bike trails and paths would have been a better use of that money than most of the other endeavors, like the bailouts. It wouldn't have represented a major social engineering endeavor as the auto industry takeover has become. I saw some figures some time ago (and forgive me about the veracity of the actual figures, I'm going purely from memory here) that claimed that if (I believe it was) 3% of the driving population used bikes just 10 to 25% of the time during favorable weather periods in their regions (Summer for most, as well as spring/and or fall for many) then virtually all possibilities for gas shortages would go away, and prices would be kept way down because of the supply. Not to mention the reduction as far as any reductions in emissions. If I could safely ride my bike just for my frequent jaunts to the local grocery, I would, but the key word is 'safely'.
Can we abandon the "gas tax"
issue.
I bike for commute and pleasure. But just like almost every other biker, I own a car (we don't live in Manhattan) and pay plenty of gas tax.
Also, if you buy anything that is delivered by truck (food is one item that is likely to affect most of us), then you also pay gas tax.
Now if some of you want to go out tonight an run over a biker because he slowed you down, or went through a light that you waited for, or any one of a myriad of inane reasons, fine. But don't use the "he don't pay no gas tax" excuse. He probably does, and maybe more than you do.
He might even own a Hummer. Or a Ferrari. Or the company you work for and that uses lots of trucks.
Len
Surely you can come up with something better than this to make a point about the way bicycles and powered vehicles can use our roads. The problem is not about what other vehicles you own or what taxes you pay directly or indirectly.
Access
Come on. You see his point. Others suggested that bikes access to roads should be minimized or eliminated becasue of the almighty dollar. He is just bringing up an ancillary argument to support the fact that bikers certainly pay their fair share for access to the roadways.
What really needs to happen
I have argued, as a cyclist and a motorist, that the real solution is education. I do not agree completely with adding stiffer penalties because I do not believe that cyclist are being hurt and killed on purpose. The solution comes with education and awareness.
There are some irate responses and comments. Some suggest that cyclist don't really have a right to the road. This is not true. We have just as much right to the road as any motorist. We also have the responsibility to obey the same laws that the motorist must. Many stories and many near misses are a result of irresponsible riders treating the streets as their personal playground. Please do not make the mistake that all riders are like this.
Cycling is much more than a hobby or a simple sport. For many its their transportation, but for all serious cyclist it is their lifestyle. So what I ask of you is to simply keep your eyes out. Pass a cyclist or a group of cyclist in a safe manner and give them room if they need to suddenly swerve to avoid a street hazard.
Most cyclist are motorist too, so we do pay our taxes to give ourselves access to the roads. Sometimes the off the road bike path is more dan
swerving to avoid a hazard
On Shore Drive and other narrow, dangerous roads, in many spots, if a bicycle rider suddenly swerves to avoid a hazard in their way, they can be dead meat.
Anticipate not swerve
Serious bikers pay pretty close attention to the hazards that lie before them on the road. They have to. If they see a hazard that needs to be avoided, typically, even instinctively, they look back over their shoulder to see if the "coast is clear" before moving out in the road. Dodge, bob and weave, perhaps. Swerve, probably not. Life is good.