[*BCM*] Police: Didn't see a bike? That's "reasonable and prudent."

[rob levy]

This really makes me angry.  The laws determining who is at fault in
bike-car accidents are a complete farce.  In many countries the driver is
automatically at fault, and as a result drivers are extremely careful around
pedestrians and cyclists-- as they should be!

And here we have a case where they're just rubbing in the injustice and
flaunting it.  The retard with the badge and the gun plays judge and jury,
and the driver who just intentionally assaulted a bicyclist leaves
unscathed.

Most likely the driver will file an insurance claim against the bicyclist
(who doesn't have "car insurance") for whatever damages were done to his
car.  That ontop of whatever (lasting?) damages were done to the victim's
health (which may also be an additional financial burden, depending on
health insurance etc.).

And all of this with the driver probably feeling entitled to drive
regardless of its effects on society, and probably believing bicyclists are
not supposed to be on the road etc. etc.

What is the name of the driver anyway?  I'm not advocating or suggesting
anything here, but it sure would be just if somehow it happened that
significant physical damage were done to his car and/home.


On Wed, Jun 2, 2010 at 4:19 PM, Jym Dyer <jym at econet.org> wrote:

>
> http://www.wickedlocal.com/watertown/features/x338990898/Bystanders-lift-car-off-Watertown-cyclist-Newton-driver-not-charged-in-accident
>
> Bystanders lift car off Watertown cyclist,
> Newton driver not charged in accident
>        By Dan Atkinson / Newton TAB staff writer
> Wicked Local Newton | Posted 01-Jun-2010 @ 04:31 PM
>                 Last update 01-Jun-2010 @ 04:37 PM
>
> NEWTON -- A driver ran over a cyclist and attempted to back up
> with the cyclist still under the car last week, and the cyclist
> was only freed after bystanders lifted the car off him. But the
> driver was not at fault in the accident, according to police.
>
> According to police reports, a 40-year-old Watertown man was
> cycling east on Commonwealth Avenue in the 2300 block at about
> 5:20 p.m. on May 27. The cyclist told police he was traveling
> in the far right of the lane at about 15 mph, passing cars that
> were stuck or moving slowly in traffic.
>
> Off-duty Wayland Police Officer Tyler Castagno was in his truck
> on Commonwealth Avenue near the Mobil station when he saw the
> cyclist go by. Suddenly, Castagno said, a red Toyota Corolla
> swerved to the right to enter a driveway, knocking the cyclist
> over and pulling him under the car.
>
> "All I could see of [the cyclist] was his knees to his feet,"
> Castagno said. "Everything else, the car was on top."
>
> Castagno's fiancée dialed 911 as he tried to lift the car up
> off the cyclist. Three youths from another car came to help,
> and they and Castagno banged on the car when the driver, a
> 38-year-old Newton woman, "gunned it in reverse" with the man
> still underneath. The group then lifted the car off the stricken
> cyclist.
>
> "We started moving it as high as we could so we wouldn't scrape
> his body," Castagno said.
>
> Castagno did not think the man was breathing as they moved the
> car past his torso and head. But other drivers had stopped and
> provided first aid, and Newton firefighters and EMTs quickly
> arrived and got him breathing again. The man was taken to Beth
> Israel Hospital with non-life-threatening injuries.
>
> Castagno, a Wayland resident who's been a police officer for
> two years, had been on his way to his aunt's house in Waltham
> to help her move some things, but when he got there his back
> went "spazzy" because of lifting the car. He had no complaints,
> though.
>
> "It was pure adrenaline, I didn't think about it," Castagno
> said. "I knew if the car stayed on him, he was going to die."
>
> Lt. Bruce Apotheker said the actions of Castagno and other
> bystanders helped save the cyclist's life. And according to
> the investigating officer, Apotheker said, the driver was not
> at fault for the crash.
>
> "The cyclist's actions, which were confirmed by his own
> statements, contributed to the crash," Apotheker said.
>
> The driver told police she never saw the cyclist, and because
> he had not previously passed her, she had no reason to expect
> he would be there, Apotheker said. She was not cited for
> improper operation.
>
> "The officer felt a reasonable and prudent person would not
> be expecting someone on their right," he said.
>
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