Call

Blog

Law
02

Blog

Motorists Must Face Criminal Charges For Killing Bicyclists

When should criminal charges be filed in collisions between cars and bicyclists? Bike Law attorney Peter Wilborn weighed in on that question in a November article in Bethesda Magazine.

The article focused on an Aug. 28 bike-car crash that took the life of Bethesda bicyclist Tim Holden. Local law enforcement officials decided not to pursue charges against the motorist who hit Holden. That sparked outrage from Bethesda riders. Greg Billing, executive director of the Washington Area Bicyclist Association, summed up the reaction of area bicyclists:

This crash specifically really struck a chord with people. Here was a person who was doing everything right while riding a bike, at least from the details that we know, and he was killed with very little consequences for the driver. When as a community and a culture are we going to stop accepting traffic deaths?

The article describes the legal options prosecutors could have pursued to charge the motorist, including: manslaughter by motor vehicle—grossly negligent driving; and criminally negligent manslaughter.

The first charge is typically used when impaired driving is present. Prosecutors said there was no evidence of that in this case. Criminally negligent manslaughter is used when a driver failed to perceive that his or her  driving created a substantial and unjustifiable risk to human life. Simple carelessness while behind the wheel is not enough for that offense, according to the article.

Based on the facts in Holden’s case, prosecutors determined that “this accident was just that; albeit a deadly one,” the article states. The motorist was eventually charged with three traffic violations and fined $690.

A fine of only $690 after killing another road user? That paltry fine appears grossly out of balance given that a fatality was involved.  It’s no wonder that area bicyclists were outraged by the outcome.

Getting Criminal Charges Filed After A Bike-Car Crash

In the Bethesda Magazine article, Peter described a 2011 Georgia bicycling fatality case he handled where prosecutors originally declined to press criminal charges. They changed their minds after reviewing a reenactment video of the fatal collision.

We looked at the video pretty carefully. The driver said he hadn’t seen the cyclists. We counted the number of seconds the cyclists were clearly visible up ahead. The prosecutor said he didn’t buy that the driver hadn’t seen him or if he didn’t see him then he must have been driving blindfolded.

The Georgia driver was charged with criminal reckless homicide.

We agree with what Greg Billing said in reaction to the resolution of the Bethesda case:

If the legal tools aren’t there, then we need the state’s attorney pushing for the tools that they need to hold drivers accountable. That’s really what it comes down to.

Greg is absolutely right. If the current law is not serving justice, let’s push for laws that do. Also, when prosecutors weigh whether to bring criminal charges against a motorist, let’s be sure they know the cycling community is watching. Let’s encourage law enforcement officials to take another look at the evidence, as Peter did in the Georgia case.  Let’s persuade our lawmakers to pass Vulnerable Road User laws. Those kinds of laws would at least provide for stiffer fines when law enforcement officials determine a fatality was an accident.

 

 

 

Comments

Ann Groninger Jan 04, 2024

Many of our cycling clients find themselves having to interact with the criminal justice system. Typically, it’s because the driver who hits them (or their family member) is charged with a crime or traffic offense. Occasionally bicyclists themselves are charged with traffic offenses! Every state’s criminal laws are different, but there is a lot of […]

Read More
Bike Crash Road Defect Georgia
Peter Wilborn Jun 14, 2023

We recently shared the story of a trial victory from the State of Texas where a bicyclist was injured due to a defect in a road maintained by the Texas Department of Transportation. Texas Road Defect   We now can tell the story of another huge win in a road defect case, this time from […]

Read More
Road defect dangerous to cyclists
Charlie Thomas Mar 14, 2023

Recently, attorneys with the Bike Law network took a case to a trial against a titan of a defendant: the Texas Department of Transportation. TxDOT was represented by the Attorney General’s Office, one of Texas’ largest legal teams. We had a great client, but it was a tough case to prove. So tough, in fact, […]

Read More
bike path charlotte
Ann Groninger Jan 13, 2023

  2023 got off to a rough start for Charlotte, North Carolina, particularly in the context of road safety. Within about a week, we lost a young woman who was riding her bicycle, a pedestrian killed in the same area of town, and four people were killed in a car wreck on I-85 in the […]

Read More
North Carolina Bike Crash
Ann Groninger Dec 06, 2022

Unless you’re a very recent follower of ours, you’ve heard us talk before about “contributory negligence.” To recap: “pure contributory negligence” is the law in North Carolina and only 3 other states (Alabama, Virginia, Maryland). In pure contributory negligence states, if a person is injured by someone else’s fault and the injured person contributes even […]

Read More
Is It Illegal to Ride Your Bike on the Sidewalk bikelaw
Peter Wilborn Aug 01, 2022

The laws dictating whether you can ride your bike on the sidewalk differ depending where you live. Different states have different laws on this matter, and local ordinances also vary. Let’s take a look at the legal framework behind various state laws related to cycling on sidewalks. The laws of sidewalk-riding can be very complicated […]

Read More
Ebike crash
Bruce Hagen Apr 26, 2022

DRIVER ON METH KILLS 17 YEAR OLD BICYCLIST, BARROW COUNTY DISTRICT ATTORNEY REFUSES TO CHARGE DRIVER WITH FELONY.   On August 23, 2020, at approximately 8:40pm, 17-year old Obianuju Osuegbu was on her way home from her summer job working at a grocery store. She had earned enough money that summer to buy herself a […]

Read More
Stop as Yield
Brian Weiss Apr 25, 2022

Finally, “Stop As Yield” (the much sought after common sense traffic law for bicyclists) is coming to Colorado in 2022, likely July 1st.   Stop as Yield, aka the “Safety Stop” After the Governor Polis signs the law and the Safety Stop becomes effective, anyone who rides a bicycle or scooter on public roads will […]

Read More
Contributory Negligence
Ann Groninger Apr 25, 2022

It took losing at trial and a long appellate process, but it ended in a blow to contributory negligence in North Carolina. We just won an appeal on a bicycle crash case that happened in 2016 and came to us in 2018. The case went to trial during the spring of 2021. Our client was […]

Read More
Load More