No charges were filed

“No charges were filed.” That’s the postscript of every single one of the cycling deaths that Bob Mionske reports in his latest issue of Legally Speaking. James also makes note of the extremely low rate of prosecutions against dangerously careless drivers in his state of South Carolina, where only 5% of “accidental” traffic deaths results in any charges being filed. Of 101 cyclists killed between 2001 and 2004 on South Carolina roads, only 18 citations were written.

Cycling is safer than many our perceptions lead us to think, but it can be made safer with little effort. The United Kingdom until recently had a cyclist fatality rate similar to the U.S. With a recent emphasis on traffic law enforcement, however, the cyclist and pedestrian fatality rate dropped significantly.

From my own participation in the political process and bicycling advocacy, I know cities and police departments are often reluctant to increase enforcement of unpopular traffic laws. Even after a tragedy occurs, the response from officials is often “blame the victim” for being in the “wrong” place. Bob and James both promise more on traffic safety and enforcement in the United States; I’m looking forward to what they have to write.

4 Comments

  • Noah
    October 26, 2007 - 12:42 pm | Permalink

    Of all the cycling deaths in KC that have gotten any press in the short amount of time that I've been riding and interested in this sort of thing, I can say that most of them in KC end up the same way.

    I was VERY thankful when the court finally laid the smack down on the guy who slaughtered a man and his grand-daughter who were training for the local MS-150 charity ride.

  • Noah
    October 26, 2007 - 7:42 pm | Permalink

    Of all the cycling deaths in KC that have gotten any press in the short amount of time that I've been riding and interested in this sort of thing, I can say that most of them in KC end up the same way.I was VERY thankful when the court finally laid the smack down on the guy who slaughtered a man and his grand-daughter who were training for the local MS-150 charity ride.

  • Ed W
    October 27, 2007 - 12:57 pm | Permalink

    Fritz, you may want to take a look at this:

    http://www.tucsonbikelawyer.com/2007/09/no-charges-in-death-of-mesa-cyclist.html

    "No charges in death of Mesa cyclist: Police say more proof is needed to cite driver with violation of "3-foot law""

  • Ed W
    October 27, 2007 - 7:57 pm | Permalink

    Fritz, you may want to take a look at this:http://www.tucsonbikelawyer.com/2007/09/no-charges-in-death-of-mesa-cyclist.html"No charges in death of Mesa cyclist: Police say more proof is needed to cite driver with violation of "3-foot law""

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