"Is It O.K. to Kill Cyclists?"
New York Time opinion piece form November 9, 2013:
http://www.nytimes.com/2013/11/10/opinion/sunday/is-it-ok-to-kill-cyclists.html?_r=0
comments on the above article:
http://www.reddit.com/r/bicycling/comments/1q9olb/is_it_ok_to_kill_cyclists/
One of the comment I saw on the thread is that Juries do not want to convict drivers who kill cyclists. That was the rule for drunk drivers (and remain so), for most juries are people who driver (and drink) and thus ID with the defendant and thus will look for ways to NOT to convict.
Now, something to think about. Under the laws in most states, you can still file private criminal complaints with your local Justice of the Peace. In my home state of Pennsylvania, such private criminal complaints are still LEGAL. You have restrictions as to felonies (The state wants them to be handled by the Districit Attorney) but for summay offenses (including tickets) it is still legal.
Now, you have to be a "victim" i.e. to file the private criminal complaint, but that means not only that you saw someone break the law, you suffered some harm do to criminal violation. Almost getting hit is a harm, as is getting hit. Thus it is possible to bring criminal charges against drivers who do illegal acts around cyclists (and in reverse drivers can file against cyclists who break the law).
Now, what I think people should do, if they have a concern on how the law is being enforced, is to put a camera on your bike (one facing forward, the other rearward). I be tempted to put both on my helmet (or better yet four cameras, two on the bike, two on the helmet, each facing both directions). Thus if someone breaks the law when it comes to you biking, you not only have your own testimony, but the videos from those cameras.
Yes, it would be expensive, but if you have several close calls, it may be worth the money to do so. Notice I did not say take this to the Police, but instead file the action yourself in the Justice of the Peace Court.
PDF copy of Pennsylvania Private Criminal Complaint:
http://www.pacourts.us/assets/files/setting-911/file-78.pdf
Now remember the right to file a Private Criminal Complaint is NOT a right to arrest someone. You go to the Justice of the Peace, fill out the required paperwork go through the motions of having the District Attorney review the Complaint, and then have the Justice of the Peace mail the complaint to the Defendant.
The Pennsylvania Rules of Criminal Procedures to file Criminal complaints:
http://www.pacode.com/secure/data/234/chapter5/s502.html
Just a comment that you do NOT have to file anything with the local police to file a criminal complaint. Some states MAY Require you to do so, but other, like Pennsylvania do not (again with certain exceptions, for example felonies).
This right goes back to the days BEFORE we had a Police Force OR even District Attorneys (The first "District Attorneys" appear in the 1790s in New York and New Jersey, but most states did not adopt them permanently till the 1830s. Police forces started to appear in urban areas about the same time period (succeeding nightwatchmen). Most rural areas did not have Police till after 1920 (Sheriffs did exist prior to 1830s, but they role was to serve papers once signed by a Judge NOT patrol and arrest people for crime, through the South did have Sheriff's patrol, made up of all white citizens of the county, but that was to keep the slaves down not to do any actual patrols as we use the word Patrol today).
The more I think about it, if bicyclists really want to crack down on bad drivers, cameras and filing your own private Criminal Complaint may be the best way to do so. You need the camera for the burden of proof will be one you, for your word will NOT be enough to get an conviction, but support from cameras clearly showing the violations will do so. I do not expect much support for this from the police of the Justices of the Peace, but it is better then just complaining about the lack of law enforcement when it comes to cyclists.
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