|
|
| *Vultures Knob>>>Bike Lights |
What is the legal ramnification of a car hitting a bicyclist while running a light? Is it a criminal offense? |
Actual instance - a guy riding a bike is nailed by a car that runs a light, hits him at 40 MPH. Driver was unlicensed and uninsured, but was only issued a citation, while the bicyclist was hospitalized and nearly died. This is in AZ, wondering if the guy is up for criminal charges. A cyclist (and his bike) is, in effect, the same thing as a motor vehicle when looking at terms of vehicle law. The driver of the vehicle can be charged with several counts: - driving without a license - driving without insurance - running a red light (or stop sign), which I guess is "failure to yield right of way" - probably over the speed limit (not too many traffic lights in areas where speed limit is 40 mph) - collision causing property (bike) damage - collision causing bodily injury (cyclist) You don't actually mention it ... but with all this going against him, he's probably fled the scene, too ... In my book, that would make the driver pretty much guaranteed to be prosecuted under criminal charges. Of course, in Arizona, there may be a limitation on what can be construed as criminal under the Motor Vehicle Act... Unfortunately, the only apparent recourse that this person has would have is to go after the driver civilly, Keeping in mind if the driver is uninsured and unlicensed he may not have many assets to satisfy a judgment. The only charges the driver would face is for being unlicensed and failure to stop for the red light. Hey! That happened to me 20 years ago. This guy needs to be sued. It should be a crime...something like wreck-less endangerment. Yes, definitely. He could be charged with a variety of things. The officer who just gave the driver a citation should be fired. If criminal charges aren't filed, it would be a travesty of justice. A citation only? Mind boggling. In Texas he could be charged with agg. assualt with a deadly weapon. Not to mention dirving w/o a license, failure to yeild, no insurance, and property damage. |
| Tags |
| Bike Tours Trail Map Bike Pedals Bike Lock Bike Lights Bike Helmet Quad Bike Pocket Bike Mini Bike |
Bike Categories--Copyright/IP Policy--Contact Webmaster |