Cyclists Against Reckless Drivers

Good initiative.  I had my first almost collision yesterday.  I truly beleive the truck driver did it on purpose as they slowed down to go about 5 km/h faster than me in an 80 km/h zone.  I can't peddle 80 km/hr.

Nervous ride after that.  Hope my Canadian signature will help out.

I wish I understood the existing traffic laws better as they relate to cyclists. 
First, is a cyclist who is riding on the side of the road / shoulder, considered a pedestrian?  If so, does the law view a collision the same?
Second, does the interpretation of the law change once the cyclist crosses the white line (if there even is one) and does he/she now take on a different type of entity that affects the outcome of a case?  As an example, there is not special consideration between having a collision with another car versus motorcycle.  Should a cyclist receive any special protective status based upon vulnerability?

I'm not saying that we shouldn't do anything but this reminds me of how illogical "hate crimes" are. 

I agree something needs to be done. I could be wrong, but I think Congress can only legislate traffic laws that apply to the interstate highway system or impact interstate commerce. I believe this need to be state and / or local legislation. If mistaken, please enlighten me.

What good are laws if they aren't enforced??? 
Recently, a local triathlete (while cycling) was hit from behind and killed by a motorist.  The motorist's defense was that "she didn't see the cyclist". The VA Commonwealth Attny (prosecuter) has met with members of the local cycling community and stated that no charges were/will be filed -- not even a ticket. We do have a "2 feet" law here in VA and still no ticket.  Sorry for getting slightly OT.

I guess I don't understand how that is not manslaughter or at minimum vehicular manslaughter.  If you kill someone with a car, no matter what they are doing at the time (driving a car, motorcycle, bicycle, or walking) how can it not be murder if proven intentional, manslaughter if the driver was under the influence, or vehicular manslaughter (to my understanding, this is the lesser of the three) if it was an accident.  I'm not a lawyer though.  I'm just trying to understand it.

x2 on that. "I didn't see him there" wouldn't fly at all if you struck and killed a pedestrian, why does that excuse work for a cyclist? If anything I would call a cyclist more vulnerable than a pedestrian for two reasons: 1) cyclists have to ride on the road, a pedestrian sometimes has a sidewalk, and 2) pedestrians walk so that they can see traffic coming at them, cyclists ride with traffic and therefore can't do much if a car comes up behind them and hits them. The prejudice against cyclists on the road is really getting to be ridiculous in this country. Why are motorists so hateful towards us?

As is the local cycling community.

To quote the VA Commonwealth Atty: "The sole fact that somebody got killed does not mean there is a prosecutable criminal case," he said.
An article from the online version on a local newspaper:
http://ayearofbikecommuting.blogspot.com/2009/04/cyclist-killed-in-virginia-beach.html

To the OP: Sorry for getting OT. I'm onboard with the notion that inattentive, distracted, etc. motorist (and scoflaw cyclists) must be held accountable. WE as a community need to petition our State and Local legislative bodies to provide and enforce equal protection for cyclists and pedestrians. I thank you for your efforts. Rest assured, that will be an issue I'll be considering during the next election.

Edited by Bone Head 2009-08-29 1:20 PM

This is a good discussion. Our tri group hosted a speaker from Not One More. He had with him the entirety of AZ laws pertaining to cyclists, which was 3 pages. He said they are lobbying the state of Arizona to enact vulnerable user laws. Some states have them, and some do not.  These laws are all in the domain of the state, but the feds could pressure states to pass laws to protect cyclists.

It's kind of shocking how little punishment there is for driving distracted and unaware that cyclists have rights to the road. Here is Arizona if you kill a cyclist the state can impose a maximum fine of $1000. There is  chance they can ticket you for not giving the cyclist 3 feet clearance, but that's a rarity.

Be careful out there folks. Assume that none of the cars see you. Chances are they don't.

Concur. The only consolation, albeit small, is that the personal injury attorneys will be on the prowl and have a great case for wrongful death / injury. (Not my intent to offend any lawyers.) But the offender getting a ticket or my family winning a civil lawsuit after I'm dead doesn't do me any good........

Education and awareness  -- How do we enlighten the motoring public to the rights of a cyclist and sharing the road??  AND How do we educate many of the cyclists who are unaware of their responsibilities to obey traffic laws?? I can understand a driver's frustration with a cyclist on a beach cruiser who is  travelling against traffic, in the left lane to attempt to cross a street.  I believe that most cyclist vs auto collisions are not intentional but simply accidents.

Rhetorical question: How many questions are there regarding cyclists on your states Driver's License exam? Is safe riding/cycling taught in elemetary school / high school Driver's Ed?

Edited by Bone Head 2009-08-29 1:45 PM