[*BCM*] Motorist kills cyclist, sues for car damages

Basil Sharpe bsharpe at redcoatpublishing.com
Thu Jan 31 10:24:50 EST 2008


I commute from Medford to North Station at least 3 to 4 times weekly.
The problem as I see it is that some drivers feel it's their right to
drive and drive fast.   Furthermore a good percentage of them at least
on my commute get very upset at the idea that they may have to slow a
bit because I'm making a left turn.  Then I get swear at treatment as
they race off.

 

Furthermore if by accident, they hit a cyclist, they really have no
consequence.   So what, there insurance goes up.  The insurance company
gets stuck with a 50k dollar bill and the driver gets back in his car
because "it's his right"  and drive too fast again.  And the people who
do drive carefully also get stuck with higher insurance rates.  But the
many drivers who just go too fast with no regard to pedestrians or
cyclists have no consequences to them and this is the big problem here.

 

The fix as I see it is to make the driver who hits someone personally
liable.   If it's determined the guy was reckless, then some
consequences should apply.   If the guy owns a house or has any assets,
the insurance company doesn't have to get stuck with the bill.  If he
has nothing, a percentage should be taken out of his paycheck for a very
long time to cover damages.  In this case the insurance would cover some
as well.  He also would loose his license either forever or a long time.
Now a driver might think before he speeds on a city street near
pedestrians and cyclists.  

 

I've ridden my bike in parts of Italy and other parts of Europe where
cars do slow for cyclist and give them plenty of room.  They pass and
instead of speeding and swearing they smile and give a friendly toot on
the horn.  I wonder if it's the laws.  I would hazard a guess that these
drivers have a different mindset to the guy who swore at me this
morning.

 

I own a car too, so the guy who swore and drove to fast and recklessly
too potentially makes my car insurance go up too if he his me.  So now I
pay by getting hurt, my car insurance may go up.  And the insurance
company who wasn't even there gets stuck with a bill.  Meanwhile the
state police usually side with driver and then let the guy drive home!!!
BTW I have proof or this statement, I witnessed an accident last year
involving a car and a cyclist.  I know what happened and I also
witnessed the policeman and how he acted and that isn't the first time,
I've seen this.)  

 

Crazy

 

But there may be a fix. End this notion in Massachusetts that as a
driver hey " it's my right to drive and get out of my way; the roads are
mine and I can do what I like with my car because if I hit you, I'll
just say it was your fault and get away with it; I pay nothing and get
to drive and do it all again."

 

End this with consequences.  But how?

________________________________

From: bostoncriticalmass-bounces at bostoncriticalmass.org
[mailto:bostoncriticalmass-bounces at bostoncriticalmass.org] On Behalf Of
Jameson Bull
Sent: Wednesday, January 30, 2008 11:49 AM
To: Boston Critical Mass
Subject: Re: [*BCM*] Motorist kills cyclist, sues for car damages

 

Not that I'm suggesting we ignore stories like this, but I think I'm
going to start a trend of sending around happy cycling stories. 

-Jamie

On Jan 30, 2008 10:44 AM, Eric Mearns <ericmearns at gmail.com> wrote:

http://www.cnn.com/2008/WORLD/europe/01/30/spain.luxury.car/index.html
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