Something has to change

Another cyclist is critically injured this morning. No details really, they don't know if it was a hit and run or she just crashed. Hoping she recovers I am so saddened by another accident like this.

I learned over the weekend that last month Jose Hernando was killed on LWB when he struck the side of a van that made a Left turn in front of him. My deepest condolences to his family and friends.

Monday the State Court of Appeals overruled a Seattle law that could criminally charge a driver for seriously injuring or killing someone while driving a motor vehicle. Basically, it is not a crime to be negligent while driving it is a traffic infraction that has an incidental death.

Accidents do happen I agree and not every time a cyclist or pedestrian is hit by a car it is the drivers fault. But when a driver is careless, inattentive or in too big of a hurry to drive safely and shows disregard for others safety outside of the vehicle, that should be by all means be a crime.

The woman that killed Kevin was so close to being prosecuted for a felony charge of Vehicular Homicide under the Disregard for Safety of Others (DSO) but the county prosecutor couldn't put it over that threshold because a u-turn is legal. It was done unsafely and she also crossed into the bike lane to do it but because they can't prove she KNEW she was being unsafe they won't prosecute her. The City did have the law that was just overruled, Assault by Vehicle, to fill in this gap between an infraction and a felony crime still making it criminal with restitution for killing someone. It has been overturned as unconstitutional because it is not a state law. A driver who kills someone even if they are fully negligent are not criminally liable unless the show intent to cause harm or are under the influence of drugs or alcohol. The punishment is a $175 fine for the infraction of Negligent Driving in the 2nd Degree. All the attorney's have told me this is best handled in the civil system, that is where we will find justice. I do not agree.

Accountability for the actions of drivers should be greater. It is each persons responsibility to ride and drive safely no doubt we all have that accountability but we live in a city that is pushing cycling as a standard of transportation. Law makers have a duty take care of all citizen and they are falling short. It looks good to be progressive by creating bike lanes and share lanes (don't get me started on that whole thing) but when it comes to actually making a person in a car have a duty and responsibility for their driving they are failing us. It is still viewed and a right to drive and a mistake while behind the wheel is unfortunate but incidental to that right to drive. It should be part of the state requirement to get a drivers licence that drivers are taught to pay attention to all forms of transportation and that it is a privilege to drive not a right. If a person seriously injures or kills someone and it is due to their driving, not the person that was hit, they should get more than a ticket. At minimum they should lose their licence, haven't they just given outstanding evidence that they are a danger while driving?



I think I need to go outside and just let out a good loud scream.

I still ride, I ride as safely as I can. I am defensive but that is all I can do I will not win if a driver if not paying attention. None of us will. Riding your bike or walking across a street should not be a life threatening risk but the State Court basically is saying that you do so at your own risk, the drivers have the rights to drive with reckless abandon, well they may get a ticket...

Please ride safe and smart and hug your loved ones often.