Mortality Monday: Killing people with your car

The default speed limit on all of Kentucky’s state maintained highways is 55 mph. You can find this in KRS 189.390 (3)

(3) The speed limit for motor vehicles on state highways shall be as follows, unless conditions exist that require lower speed for compliance with subsection (2) of this section, or the secretary of the Transportation Cabinet establishes a different speed limit in accordance with subsection (4) of this section:
(a) Sixty-five (65) miles per hour on interstate highways and parkways;
(b) Fifty-five (55) miles per hour on all other state highways; and
(c) Thirty-five (35) miles per hour in a business or residential district.

While this is the state’s (lazy) way of handling complicated people, I’d like to re-visit an old idea.

Driving at speeds appropriate for road conditions.

As explained in Motorist Awareness Wednesday.

Driving at or near the speed limit is not a right. You will not find anywhere in the Constitution of the United States nor in the Bill of Rights, any mention that speed or unfettered speed is your right.

Passing a slower moving vehicle is also not a right. As explained in Extremist Thinking is Hurting Cycling.

Priority NOT Right of Way.

Like Crash or Collision Vs. Accident, words have meaning. Educating motorists about right of way needs to include the understanding of Priority.

Note that the law does not allow anyone the right-of-way. It only states who must yield. When a driver is legally required to yield the right-of-way but fails to do so, other drivers are required to stop or yield as necessary for safety. So, if another driver does not yield to you when he or she should, forget it. Let the other driver go first. You will help prevent accidents and make driving more pleasant. Via: DriversEd.com

You may have heard “You might be right but you might also be ‘dead’ right.” This is where we get that phrase which has been bastardized into an argument for PRO edge riding Vs. LANE CONTROL. The creeping idea, much like a bad ‘B’ horror film, is that from out of nowhere a motorist is going to run you over from behind. This has happened to people, which only reinforces their pre-conceived notion. But it has happened to people who ARE EDGE RIDING! *

Lane control works to help good drivers from making bad choices. There is no infrastructure on this earth which will prevent bad drivers from making bad choices. Nor will that infrastructure protect cyclists from bad drivers who make bad choices, as explained in Homicidal Maniac.

Which is why we need to take driving seriously.

It isn’t enough to educate law enforcement or have them “Get tough on motor vehicle crime,” those are old ’80s ideas and we don’t need another “War.”

We need education.

I personally believe that 90% of motorists are 100% uneducated on the value of operating at lower speeds and obeying traffic signals. I also believe that our lax enforcement of existing laws and current infrastructure are due to poor education and biased education.

There is so much room for improvement on education alone.

Education is a thankless, unsexy, and daunting task. But it can be done.

For anyone who says “we’ve had education for the past 50-100 years and it hasn’t done anything,” is presenting a straw man argument. Did you take a class at school to learn how to operate a bicycle and obey traffic laws on your bicycle? I didn’t think so. Did you have any questions on your driver’s test about how to operate around bicycles? I didn’t think so.

That’s just the surface of education. There is so much more education to be had, but we won’t have it as long as the “bicycle specific infra. only cult” has their way. These are the people who shout you down when you mention education. They are also the people who sit on your panel at John J. College of Criminal Justice during the Left Forum and smirk when you mention education. (Cough cough TransAlt.)

Education is important. So important that other countries have made higher education a “right for all” by making it free.

Infrastructure is important but you can ride your bicycle in the worst infrastructure possible and still do so safely, when you’re educated. Like I did.

DRIVERS ARE RESPONSIBLE

When I read or listen to people’s arguments about how bad drivers are so bad and so frequent that we have to have special infra because there are just TOO MANY distractions for modern day drivers. I see a person who doesn’t want to take responsibility for their own actions. They are making excuses and wanting to blame everything and everyone else for their own poor choices.

Nobody is forcing you to drive distracted.

Nobody is forcing you to drive at speeds unsafe for road conditions.

You alone are to blame.

It used to be that an auto crash was so impactful that people “felt” that “the horror” of the crash was punishment enough. The knowledge that you took someone’s life was knowledge that you’d have to live with for the rest of your life.

How soul crushing.

Now, thanks in part to religion, we can pray all that away. Our prayers will forever lift up those killed and ease the burden of anyone who did the killing. A little religious dusting up and a healthy dose of conservative “it’s my God given right,” values and they are off and zooming towards their next collision. With the help of the auto insurance lobby, all auto wrecks are paid for by insurance. And if you’re well to do, especially if, you’ll hear people talking about the “Better Car” they’re going to buy instead of how torn up they are that they took a life. That doesn’t mean that I think we shouldn’t have insurance. I think that we have used insurance as an excuse to do bad things in our autos. TOWANDA!!

Who would not want to drive without fear of having an accident and not lose a lot of money ? With it, you can cover all traffic complications. This type of car insurance is especially necessary if you drive the car for someone else or a company car. Even driving a car on a loan would be much safer if you fully insured cheap full coverage auto insurance. Via: ReadingRobot

But ingrained in our psyche is that old idealism about “surviving an auto crash is punishment enough.” I’m sure you’ve heard “Let the punishment fit the crime,” in auto traffic injuries and fatalities it’s rare to see the punishment fit the crime. We have a winking idealism to “minor traffic” infractions.

Whether a defendant – the person convicted of a crime – broke a state or federal law, when it comes determining his punishment or sentence, an overriding concern is that it be proportional to his crime. In other words, the punishment should “fit the crime.” The idea is easy to understand. We don’t want to send people to prison for minor traffic offenses. Putting that idea into action, however, isn’t always so simple. Via: LawyersDotCom

In Conclusion:

I believe we need to revisit driver responsibility and figure out effective ways of getting the message across to people.

YOU ARE RESPONSIBLE FOR HOW YOU DRIVE.

Thank goodness traffic wasn’t too badly impacted. (Sarcasm)

I’m (not) sorry, reporting with emphasis about traffic being congested due to a crime scene isn’t good reporting.

http://www.wkyt.com/content/news/Deadly-crash-involving-bicyclist-in-Bourbon-County-376000511.html

My heartfelt condolences to all my cycling friends in Lexington Kentucky and to the family of Dr. David Cassidy.

  Read more

Advertisements

A driver of a White Ford SUV killed a boy. Everyone in comments section victim blames. Except me.

Read the story here.

Screenshot-2016-03-01-12.36.53-660x330.png
Wonderful and well loved boys life cut short by careless driver.


Nicole B
.
How very sad. My prayers go to his family in this hard time. Honestly though this should never have happened. There is no reason why a 16yr old boy should be out at 230am riding his bike.. Where are the parents?!


Lisa S
.
This is a very sad tragic story and I may get hate comments for this, but he had NO BUSINESS at 16 YEARS OLD LEAVING his girlfriends house at 2:30AM!?!? Wonder if he snuck out of his house… My prayers to the victim and his family… I can’t imagine their heartache….


Katre R
.
WHY WHY WHY was a 16 yr old KID allowed to be at 02:30 !!!!!! Lack of parenting that’s why. His parents and the girlfriends parents should be charged with chiid neglect !!!!! Stop being your kids best friend and be a parent. You’re neglect cost him his life!!!


Kevin C
.
My condolences to his family and friends. I just want to say, that street is very dangerous at night. The surrounding neighborhoods have no street lights. I strongly believe the city of Victorville needs to do something about that. I have had a close call or 2 jogging on Luna Rd early mornings. I’m just happy the driver was responsible for his actions and did their part. I respect them as a person. Accidents happen lives are loss, no one is to blame. Its sad such a young kid lost his life, this should be a cause for the citizens to ban together and pressure the city of Victorville in taking more precautions to prevent fatalities like this. I’m sorry to say, but the city of Victorville really doesn’t do much.

My response to the BULLSHIT!

Cherokee Schill
Every single person who empathized with the driver, blamed the parents, blamed the victim, or in any way did not place direct blame on the driver needs a swift lesson on driver responsibility.

You do not hit things or people with your auto! Not ever!
It isn’t ok. It isn’t an “accident.”
It is careless driving. You have headlights for a reason. You use them to see what is in front of you. If you can not see what is in front of you then you SLOW down. If you failed to do any of these things and hit someone or something YOU are at FAULT!
If you kill someone while failing to do any of these basic driving components or use your basic safety measures i.e. dashboard to see how fast you’re going, brakes to slow down, headlights to illuminate what is in front of you. Then you are GUILTY of Felony vehicular manslaughter.
Driving is a responsibility and a privledge.
Riding a bicycle is a RIGHT. That’s why they don’t require licensing or insurance. Because it’s a right to ride your bicycle at any time of the night or day!
P.s. Streets are not dangerous. People who use streets irresponsibly are dangerous.

That is why we can’t have nice things.

It isn’t the lack of infrastructure. It is the lack of education.
Remember the excitement over Japans lack of bicycle specific infra?
Please don’t bring bike lanes to Japan.

We lack real education on bicycle rights. We are inundated with auto commercials which depict unsafe driving and declare “Feel the Freedom!”

We have a very bad culture in the auto world and a very bad culture in the cycling world.

When the first thing out of a cyclists mouth, after I’ve told them I was arrested for legally and safely cycling on a public road, is “in the car lane?” with a slowly growing look of horror. Then you know there is more going on in America then some paint and bollards will ever be able to fix.

It isn’t the lack of infrastructure. It is the lack of people who are willing to put their bike wheels where it matters. In the lane. In groups, in the lane. Not all trying to squeeze into a bike lane. But in the entire, publicly funded with your tax dollars, travel lane which is intended for all vehicles. Motorized or not!

Who needs a safe passing law? SB 80 Part II

When a cyclist is on the highway are they any more vulnerable than any other person on the highway?

Before we can answer that question we first need to explain what a highway is. The definition for Highway is listed in KRS 189.010 (3).

“Highway” means any public road, street, avenue, alley or boulevard, bridge, viaduct, or trestle and the approaches to them and includes private residential roads and parking lots…

We have a highway and within the highway is a Roadway or synonymously a Lane; and KRS has a specific statute for those lanes. KRS 189.340 (6) (a)

A vehicle shall be driven as nearly as may be practical entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety;

If everyone is following the law and more importantly the spirit of the law; the spirit of the law being safety, then there isn’t any harm to any road user and no need for extra measures of protection.

Unfortunately not everyone feels duty bound to operate their vehicle with due care.

A lot of people are under the misguided notion that speed grants extra privileges.

KRS 189.390 is very clear that there isn’t a right of speed on Kentucky’s Highways.

An operator of a vehicle upon a highway shall not drive at a greater speed than is reasonable and prudent, having regard for the traffic and for the condition and use of the highway.

Traffic: The ​movement of ​vehicles or ​people along ​roads, or the ​movement of ​aircraft, ​trains, or ​ships along a ​route. Via: Cambridge Dictionaries Online.

What is the purpose of a safe passing law?

The purpose of a safe passing law is to give the police a statute with which to cite the offending person. It also provides lawyers and insurance adjusters something tangible when trying to ascertain fault and how much liability goes where and with whom.

Did this explanation bring up a mental image of buzzards picking over roadkill?

That would be because this law is what I term an “after the fact law”. There isn’t any visual guideline to show a person operating a motor vehicle just how much space is three feet. Often times that three feet puts the cyclist’s head right under the motorists tire. Should the cyclist fall over, their head would be squashed. Bicycle helmet included.

Have you ever heard of Dr. McCarroll?

[Dr] June McCarroll, a physician in Indio, California who started experimenting with painting lines on roads in 1917 after she was run off a highway by a truck driver. In November 1924, after years of lobbying by Dr. McCarroll and her allies, California officially adopted a policy of painting lines on its highways. A portion of Interstate 10 near Indio has been named the Dr. June McCarroll Memorial Freeway in her honor.

Painted lines give drivers a visual marker with which to judge distance.

It is safer to have a stated change lanes to pass law than it is to have a minimum three feet law. In Kentucky there are drivers who will fail to understand KRS 189 and give only the minimum passing distance. And in a state which educates teen drivers that it is OK to driver 10 mph over the posted speed limit; see Transportation.ky.gov/Drivers Licensing Documents Page 5. giving a cyclist the minimum distance when passing at 10 mph over posted speed limit; is a recipe for disaster.

Our car culture has created a social, cultural, and legal norm for people to kill, without penalty, on our public right of ways.  It’s the “Oops I didn’t see them syndrome” and it is bullshit.

The driver of an automobile is bound to anticipate the presence of pedestrians upon the streets of a city or upon rural highways, as well as to exercise reasonable care that he does not injure them after he is aware of their presence. O’Dowd v. Newnham 13 Ga. App. 220, 80 S. E. 36.

A safe passing law is a band aid on a gaping wound.

A safe passing law is an after the fact law.

Do we need it?

Yes.

We need it because it is a start. Not the best example of a start, especially when other states are making better statutes from which we can draw from. But it is a start none the less.

We also need it because the infrastructure here is substandard.

Misguided advocates are pushing for bike lanes (think paint) on highways with 45 to 55 mph.

Gallons of paint will never replace the infrastructure we so desperately need. Nor will it replace urban designed spaces which give precedence to walking, public transport, and biking.

We are terribly entangled in car culture which is choking the very humanity out of us.

If you are wondering what we can do to make it better.

We can form a statewide advocacy group and lobby for better laws. Laws which require city planners to take into consideration all users of our public highways. Laws which specify dense urban planning as opposed to sprawling communities which are harder and more expensive to maintain. We need laws which require a one year mandatory probationary period for new drivers, mandatory retesting every four years, and an education program enacted in our schools. Driving school should have a required bike law and safety instructional forum.

We need a multi pronged approach to cycling and more importantly pedestrian safety.

Tiered licensing which ensures that teenagers are truly ready for a license to operate a vehicle. An exception for farmers children to operate farm equipment in the natural course of their duties. But not to operate non farm equipment on public highways.

Lower speed limits as a means of changing the culture of speed along with enforcement of speeding during times where operating a vehicle at speeds under the limit but higher than is safe for road conditions. Mandatory slow down laws when pedestrians or cyclists are present. Policies which make separate infrastructure for cyclists and pedestrians a mandatory part of all construction. Policies which ensure that for every 100 people there are adequate shopping districts within walking distance. Wider and better sidewalks. Enforcement of stop lines. Elimination of right on red. Timing streetlights to favor pedestrians and cyclists. Narrower streets and wider bike lanes and sidewalks.

Vulnerable road user laws which enact stiff penalties for harming any road user with their vehicle.

When we pass another vehicle we are required to pass in the lane adjacent to the vehicle being passed. We are required by  law to pass left of the center of the highway. To pass with enough clearance to avoid a collision or to cause the vehicle from being passed to have to slam on their brakes to avoid a collision. These are the laws. These are for safety. These ensure the courteous use of public roads and when those laws are broken the best possible outcome would be a citation. The worst would be a collision and people hurt. All too often these brazen flaunting of laws are unobserved and the confidence of the abuser is increased. The police can’t be everywhere but we can create legislation enacting a police task force which takes these complaints and investigates them and if found guilty penalties applied.

Remember the opening question?
“When a cyclist is on the highway are they any more vulnerable than any other person on the highway?”

The answer which you may have realized by now is No. We are all vulnerable on the highway. While there is a hierarchy of how much vulnerability each user has, we are each of us putting our lives at risk by walking out our front door.

We need more, we need better, and we need it now!

So let’s start with three feet and then demand more.

I’d rather have miles of this…

bikeINFRA

Than miles of this…

DowntownLexington.PNG

 

Miranda Pacheco-Homicidal Maniac gets a slap on the wrist

Homicidal Maniac gets a slap on the wrist.

Want to know how to get away with murder? Kill someone with your car. 

As long as you are sober, you will get away with murder. 

“Miranda Pacheco was guilty of careless driving and not vehicular homicide when she drove off pavement and killed a bicyclist on a roadside path.”

Societies acceptance of Vehicular Homicide has never been so blatantly obvious as this jury’s verdict shows. It’s o.k. to kill someone if you are driving your car. 

 

For a cyclist, you can’t get any further from a car than a separate bicycle path. That has an embankment and chain link fence separating it. 
But bad things happen to good drivers. Right?

Well let’s see. 

http://krqe.com/2014/07/03/driver-who-killed-bicyclist-drives-through-building/

“She killed a bicyclist then got popped for DWI.” 

“Miranda Pacheco has already proven she’s one of the most dangerous drivers in Albuquerque and now she’s at it again.”

 

Miranda Pacheco sentencing
These aren’t tears of grief. They are tears of shame. Shame that she got caught.
Miranda Pacheco sentencing
How much is a persons life worth. Not much more than a few well placed tears.

vehicular manslaughter

n. the crime of causing the death of a human being due to illegal driving of an automobile, including gross negligence, drunk driving, reckless driving or speeding. Vehicular manslaughter can be charged as a misdemeanor (minor crime with a maximum punishment of a year in county jail or only a fine) or a felony (punishable by a term in state prison) depending on the circumstances. Gross negligence or driving a few miles over the speed limit might be charged as a misdemeanor, but drunk driving resulting in a fatality is most likely treated as a felony. Death of a passenger, including a loved one or friend, can be vehicular manslaughter if due to illegal driving.”

 

reckless driving

n. operation of an automobile in a dangerous manner under the circumstances, including speeding (or going too fast for the conditions, even though within the posted speed limit), driving after drinking (but not drunk), having too many passengers in the car, cutting in and out of traffic, failing to yield to other vehicles and other negligent acts. It is a misdemeanor crime. A “wet reckless” is a plea in a drunk driving prosecution allowed to lessen the penalty when the blood alcohol level is close to the legal limit.”

 

What we need are stricter laws for “reckless driving”.

death-race-2000
Today’s average motorist knows to stay at the scene. Because if they stay they are more likely to get off with a slap on the wrist.
killcyclist
And you’ll likely get away with it too. As long as you stay at the scene. Cry really big tears, and sob that you just never saw them.