It took three years of hard work and many heart-breaking testimonies of those who have lost friends and family-members, but the Vulnerable User Bill (SB 5326), which holds negligent drivers accountable when they injure or kill vulnerable users of the roads, finally went into effect on July 1.
In September 2011, a white 'ghost bike' was placed on the spot where Robert Townsend, a 23-year-old bike delivery person, was struck and killed by a car on University Avenue.
The bill, signed into law by Gov. Gregoire on May 16, 2011, provides enhanced protection for the vulnerable road user by increasing the penalty for negligent drivers who commit traffic offenses that cause serious injury or death of a pedestrian, bicyclist or other vulnerable road users.
“A small fine is not a stiff enough penalty for killing or seriously injuring someone due to negligent driving,” said Sen. Adam Kline (D-Seattle), the bill’s prime sponsor. “This puts reasonable expectations on motorists to pay attention to bicyclists and other non-automobile users of the roadway, and will help provide some sense of justice to families who have lost loved ones.”
Under the new law, a driver committing a traffic infraction—such as speeding, texting while driving or running a red light—that results in the serious injury or death of a vulnerable roadway user will face an automatic fine of up to $5,000 and a 90-day suspension of driving privileges.
Alternatively, the driver may choose to appear in court and request the alternate penalty of 100-hours of community service in traffic safety or driver improvement, completion of a state approved traffic safety course, and a fine of $250.
This law does not establish criminal offense but it does create steeper punishment for driving offenses, which previously were penalized only with a mail-in traffic fine that in some cases was as low as $42.
In addition to bicyclists and pedestrians, vulnerable users include persons riding an animal, farm tractors, electric-assisted bicycles, scooters and roller-skates, electric personal assistive mobility devices, mopeds and motorcycles.
While the new law cannot undo the tragedies of the past, it does make negligent drivers accountable for their actions.
“This law fills the gap between a simple traffic ticket and a crime, punishing negligent drivers who injure or kill bicyclists and pedestrians with more severe penalties,” said Chuck Ayers, Executive Director of Cascade Bicycle Club. “Ultimately, we need to do a better job of looking out for each other on the roads to prevent collisions. This law reinforces the need for motorists to be attentive and careful when driving around vulnerable roadway users.”
[...] From Cascade: “A small fine is not a stiff enough penalty for killing or seriously injuring someone due to negligent driving,” said Sen. Adam Kline (D-Seattle), the bill’s prime sponsor. “This puts reasonable expectations on motorists to pay attention to bicyclists and other non-automobile users of the roadway, and will help provide some sense of justice to families who have lost loved ones.” [...]
I am pleased that the Vulnerable User Law passed, but agree that a small fine is not enough.
A strict liability law for motorists who hit bicyclists or pedestrians would result in less aggressive driving and fewer injuries.
More info here: http://washingtonbikelaw.com/blog/wp-content/uploads/2011/10/Strict-Liability-for-Seattle.pdf
I have been a CBC member for more than a decade participating in club rides, organized events and tours yet this is the first time I have been compelled to send an email to the leaders of this organization.
Yesterday July 6th whilst riding up Broadway from Snohomish to Cathcart I was buzzed so close by a pick up truck that I nearly felt the vehicle brush the hairs on my arm and it caused me to spontaneously shriek out loud from being so startled. This morning July 7th while riding southbound with my partner on Highbridge Rd between Cathcart and Fales Rd, he was struck by a container full of liquid when a person in a passing vehicle launched a soda at him. Later the same day heading north (home) on HighBridge Rd back towards Cathcart I was struck with a container of coffee when the passenger in a red suburu coupe threw it at me while I was riding solo. I immediately called the sheriff’s office to report the license and description of the vehicle. The officer said that there was not much that he could do other than fine the driver of the vehicle $1000 for littering if he found the offender. It is my understanding that the Vulnerable User Law is now in effect. Granted I was not harmed only covered in coffee. I asked the sheriff how is this okay if it is illegal to throw a container of liquid at a car. How is it okay to throw a container of liquid at a cyclist riding on the shoulder of the road?
Here is my appeal: What is CBC going to do to raise the awareness of Snohomish Co. drivers that it is not okay to attempt to run cyclists off the road and throw objects at them. If these Neanderthals cannot understand that it is not okay to throw objects at cyclists, how is CBC going to raise their awareness that next time it might hurt the offender in his pocketbook? There is vacant billboard space up and down Bothell-Everett Hwy. What would it take for CBC to put up some billboard ads in Snohomish Co. to raise public awareness of the new Vulnerable User Law?
These offenders who have attempted to run me off the road and who have thrown objects at me will not stop me from cycling our community roads. However what happens if this trend continues to escalate or worse if someone such as myself or others are injured or killed? As a nurse, RN, I am a productive member of our society and it would be a gross injustice to be permanently mamed or killed by one of these red-neck, yahoo, Neanderthals who think it is a sport to taunt cyclists in the hunting off season.
Regards,
Claudia Huetter
While no one should use a car as a weapon, the photo used here was a really bad choice (the ghost bike at the Univ. Bridge intersection). That biker in this instance was passing unsafely on the right at high speed, trying to get past a large truck who was turning right at the upcoming intersection, and was using a bike that had limited braking capability (some kind of direct drive mechanism from the pedals to the back wheel), which meant his ability to avoid collision was limited versus usual street-capable bikes. The truck driver was distraught when he realized he’d hit the bike–there was never any kind of intent to hurt the biker–the driver never even saw him.
If the CBC is trying to reach out to the non-biking community, this is not the way to do it.
to Claudia: unfortunately, all of the safety campaigns and laws will not have much of an effect on the juvenile “male” behavior that you describe; my only hope is continued emphasis from the earliest years in our educational system on respecting others (the Golden Rule, “Do unto others as….”) nevertheless, there is something you can do to lessen “close encounters”: if you aren’t already riding with a mirror, purchase one immediately, AND USE IT RELIGIOUSLY! whenever you see an overtaking vehicle, note if they seem to be acknowledging you by moving slightly left away from you; if not, immediately “drift” slightly left (assuming you’re seen them before they’re too close for you to safely do so) and observe if they slow or move left; if there’s no response from them AND it’s safe to do so, move to the middle of the lane so that they’re forced to slow or move to the opposite lane to pass you; in either scenerio, you have more room to move right away from them at the last minute to create maximum “shy” distance between you and them as they pass. this manuver has worked consistently for me since reading about it over 40 years ago – even with trucks and RVs on 70mph highways. i’m 74 now with several hundred thousand miles of riding without ever having even a minor injury from an encounter with a motorist — now, other cyclists, that’s another story — and, true, there were a few close encounters. ONE CAVEAT: the overtaking driver could be impaired! if they continue to take no notice of you, GET OUT OF THEIR PATH – as long as you’re not going over a 50+ foot cliff.
to Jack: thank you for the clarification. while the specific choice of “ghost bike” photo may be a poor one to the FEW people who will know the details of the incident (note that i don’t use “accident” – i agree with you that there was nothing accidental about it – i rather choose to view it as another candidate for the Washington POST’s Darwin award and am thankful that there are a few less progeny to perpetuate that genetic line), i believe it captures the tragedy of most motorist-cyclist encounters and fatalities.
It’s great that these kinds of laws are starting to be put in place to better protect cyclists. We don’t have anything like this in Vancouver, BC. Has bike safety improved much since the law has been implemented?
[...] the Vulnerable User Law, which Cascade worked to pass through the Washington Legislature in 2011, a driver committing a [...]