Cars Versus Bicycles: Wheres the Justice?

In 15 years of cycling, I'd never had a close call with a car. But after relocating from the Pacific Northwest to Southern California this past year, I had a wake-up call. Well, two actually. I was struck by a car while riding in the bike lane, twice, in less than two months.

The first accident was the result of the driver's failure to stop at a stop sign. The second was the result of youth: a 16-year-old test driving a new car with her father and a salesman made a right-hand turn right into me as they pulled into a dealership. Neither accident was avoidable, but luckily I wasn't seriously injured.

These things just happen, right? After all, I could be killed in an airplane crash, or in a car on the crazy California freeways. It's a risk that cyclists have to accept, frightening as that may be.

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What was much more of an eye opener for me was the lack of accountability that the drivers in each incident were held to. In both cases, neither driver was cited for any wrongdoing, nor were tickets issued.

How could this be? If a car turned right into another car's path for no reason other than they didn't see it, someone would be ticketed, wouldn't they?

This controversy isn't a new one. Last year, a New York Times article asked: "Is it OK to Kill Cyclists?" The article brought up several incidents in which cyclists weren't only injured, but killed, and no traffic citations were issued. In fact, several cyclists were issued citations for holding a vigil at the scene where one of these accidents took place.

According to Seattle-based cycling attorney John Duggan, this scenario is all too familiar.

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"There have been few criminal prosecutions in bike-versus-car cases that didn't involve a DUI or hit-and-run situation," Duggan said. "The reason is that most of the situations didn't rise to the level of vehicular assault or vehicular manslaughter because of the lack of intent or reckless disregard for human life."

"In most situations, it's simply a situation where the car driver fails to yield the right-of-way to the cyclist because the car driver doesn't see the cyclist. Car drivers are looking for other cars, not bicycles."

Be that as it may, bicycles have just as much legal right to the road as a car. It may be true that most non-cyclists view bicycles as nothing more than a toy. Sadly, this point of view causes cyclists to be treated as second-class citizens in the eyes of police and the judicial system. And if this is in fact true, how can cyclists continue to ride on the road without fear? Drivers aren't aware of cyclists, and the justice system has given them little reason to change this behavior.

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A recent survey in Portland determined that there are four types of cyclists:

1. Those who are strong and fearless on the road, representing less than 1 percent of the population.

2. Those who are enthused and confident on the road, representing 7 percent of the population.

3. Those who are interested in cycling more but are concerned, representing 60 percent of the population.

4. Cyclists who will not ride on the road under any circumstance because of fear, representing 33 percent of the population.

The total number of cyclists who ride daily, even in a city like Portland, is dwarfed by the number of trips taken by car each day. And out on the roads, and in the eyes of the police, the majority rules.

For me, this is a major concern. If drivers don't have to fear punishment when an accident occurs, what incentive is there to remain vigilant of cyclists on the road? And if cycling is to continue to grow in numbers, people can't be scared to ride the roads because of fear of an accident.

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Fortunately, several states have adopted new laws to try to right many of the legal missteps.

Vulnerable User Laws, or VULs, enhance the penalties when a person is convicted of an offense that causes physical death as a result of using a public road. These laws provide better protection to pedestrians, cyclists, highway workers and skateboarders, and a sentence requires those convicted to complete traffic-safety courses, serve 200 hours of community service, and pay a fine of up to $12,500 with a possible suspension of driving privileges for up to one year.

While it's a step in the right direction, Duggan says there's more that can be done.

"We need a societal change, similar to what's occurred in Copenhagen and Portland," Duggan says. "Bicycles need to become a legitimate part of the transportation system and cities need to create conducive infrastructure to make this happen. This will involve lots of education and awareness of both cyclists and motor vehicle drivers."

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But even more progressive states like Oregon and Washington that have VUL laws have struggled to provide the kind of education regarding cyclists' legal rights to the use of public roads that can present change.

"Up until seven or eight years ago, this changed when Washington revised its driver education laws and mandated that driver education programs include a chapter and video pertaining to cyclists' legal rights," Duggan said. "The driver education test also includes questions regarding cyclists' legal rights. Theoretically, as we increase the education and awareness of car drivers, car drivers will start looking for bicycles before making turns, and the number of car-versus-bike incidents should decrease."

Whether it's society's behavior towards cyclists or a lack of awareness, something needs to change. I for one am not going to stop riding my bike, and if more people can start to feel more protected on the roadways, maybe the numbers will start to even out. Maybe we'll all start to pull our bicycles out of the garage a little more often instead of our cars, and the roads can be a place to enjoy cycling instead of fearing it.

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