They Aren't Blamed. So Why Are We?

In each of the past five years, more Americans have died from opioid drug overdoses than from car crashes or gun violence.

One reason for this, of course, is improvements in automotive safety.  Another is the campaigns to reduce gun violence, which have succeeded in a number of cities.

But no one would suggest that we should celebrate those developments when people are dying because they were prescribed drugs that they, and possibly their doctors, didn't realize were so addictive.  If anything, people from medical experts to the loved ones of those who've died will say that everything from the pharmaceutical and insurance companies' roles in creating and fueling the epidemic of addiction, to the ways in which the drugs act in the body, needs to be investigated.

And one rarely, if ever, hears anyone blaming the overdose victims themselves for dying in greater numbers than people involved in car crashes or shootings.  Thankfully, most Americans now understand that addiction is a health problem, not a moral failing, and that addicts need help in overcoming the ways in which the drugs overtook their bodies and minds rather than condemnation for "letting themselves" become addicted.

Would that such understanding were extended to cyclists and pedestrians.

In 2017, 27 cyclists and pedestrians were killed in San Jose, California.  An equal number of people were homicide victims.  

As in other large urban areas, the homicide rate in the San Francisco Bay Area, which includes San Jose, has been falling for a number of years.  I don't think anyone is unhappy about that, and don't believe they should be.  It shouldn't, however, be used to trivialize the number of cyclists and pedestrians who are killed.  While not many people are doing that, they are engaging in a kind of victim-blaming they would never direct at someone who dies from an overdose.  Such people believe that cyclists and pedestrians are "over-entitled" for having the right of way, or for having lanes dedicated to them.  

I won't deny that there are careless pedestrians and cyclists.  I would submit, however, that there are far more motorists who are reading or sending text messages, talking on their cell phones, or doing any number of other things that distract them from their surroundings. But it's odd that they are seldom blamed when they crash into other vehicles, let alone pedestrians or cyclists.

So, yes, we should be happy that fewer people are being shot, stabbed or beaten to death.  But we mustn't lose sight of the fact that increasing numbers of people are meeting premature demises while walking or pedaling to school or work, or for exercise.  In other words, a cyclist or pedestrian who is run down by a motorist is as likely as not to be an experienced, responsible cyclist or pedestrian who follows the rules of the road and takes all of the necessary precautions.

Opioid addicts, homicide victims and other people who die from causes not of their making are not blamed for their own deaths.  Why should it be any different for cyclists and pedestrians?

Fighting For Scraps At The Edge In The Mile High City

When I was writing for a local newspaper, a kinda-sorta-somewhat high-ranking (Is that vague, or what?) police officer admitted that  he didn't make arrests or even give summonses for some low-level offenses.  "Is it because you want to spend your time and energy on more important things?"

He shook his head.  When I reassured him that our conversation was off-the-record, he admitted that he doesn't give tickets or arrest people for some of those minor infractions because, well, he has committed "most of them" himself at some point or another in his life.  

Now, as I understand, here in New York, as in many other places, police officers are exempt from some of those charges.  The same holds true in Denver, where they cannot be charged with an offense they rarely ticket:  riding a bicycle on a sidewalk.

The Mile High City's statutes on this matter are similar to those in many other places:  The rule doesn't apply if the sidewalk is part of a designated bike route. Also, police who are riding their bikes as part of their uniformed duties, as well as other uniformed city, state and federal employees are exempt.  So are newspaper deliverers.

Denver police officers on the 16th Street Mall during the 2008 Democratic National Convention.

Oh, one other group of cyclists is allowed to ride on the sidewalk:  Those within one block of preparing to dismount their bikes.  That alone is probably a reason why cops don't enforce the policy:  How are they supposed to know that a cyclist is going to dismount on the next block?

But the vagueness of that part of the law is not the only reason why it's infrequently enforced in Colorado's capital. According to a recent report, the officers themselves admit that cycling on some of the city's streets is simply unsafe, and the sidewalk is the only viable alternative.  

One officer added that his exemption from the law is not the only reason he violates it.  "I'm not going to get hit," he explained.  He, perhaps not surprisingly, admitted that he has never ticketed anyone for the violation.

Jill Lancatore, Executive Director of the nonprofit advocacy group WalkDenver, says that officer's perception hit the nail on the head.  Though she acknowledges pedestrians are frustrated, she cautions against making the issue one of pedestrians vs. cyclists because "So much of our public right of way are dedicated to cars that everybody else is pushed to the fringes and we're fighting for scraps at the edge of the roadway."

I have not cycled in Denver but, based on what I saw in other parts of Colorado, I imagine it's more spread-out and car-centric than my hometown or places like San Francisco or Portland. From reports I've read, streets are particularly narrow, probably as a result of constraints of construction in the mountains.  That, in and of itself, is a reason to make cycling safer and thus more enticing to more people.  

But there is another reason:  In part because of its altitude, Denver has some of the worst air quality among major American cities.  So, working to make cycling safer can only help to improve residents' health as well as safety.

Until then, cyclists, pedestrians and other non-motorists will "fight for scraps at the edge," as Lancatore says.  And cops like the one I mentioned will look the other way.

What Is A Cyclist's Life Worth? $700 (CDN)? Six Months' Probation?

Yesterday, there appeared in The Globe And Mail an excellent editorial by Toronto-based writer Naomi Buck.  She started with what sounded (to most of her neighbors to the south, anyway) like good news:  a woman who drove a van that struck a pedestrian who was standing on a Toronto sidewalk was convicted of "careless driving".  For that, she got a fine of $1000 and six months' probation.

Had the driver done such a thing here in the States, it's unlikely that she would have been burdened with such a hefty fine or lengthy sentence.  To her credit, she took it upon herself to appear in court:  something that, under Ontario law, is not required of someone so charged.  In most such cases, according to Ms. Buck, the defendant chooses not to appear, leaving the victims' loved ones to read their heartbreaking words to a legal agent rather than the one who took their friend's, sibling's, spouse's, parent's or child's life.   

Had the driver--one Elizabeth Taylor--had her charge upgraded to "dangerous driving", she could have received a ten-year prison sentence if the incident causes bodily harm, and 14 years if it results in death.  However, Patrick Brown, a lawyer who has handled hundreds of cases in which pedestrians or cyclists were killed or critically injured, it's very difficult, at least in an Ontario court, to make a case for "dangerous" driving unless it was a hit-and-run incident or alcohol was involved.

From the San Francisco Municipal Transportation Agency archives.

Still, Ms. Taylor incurred more severe penalties than most drivers who run down cyclists or pedestrians, according to Mr. Brown.  "I actually think most pedestrian cases get dropped entirely," he said.  Three recent cases he litigated involving cyclist fatalities resulted in the drivers being charged with "careless driving" or lesser offenses, and in being fined $700, $600 and $85(!) respectively.

Even those penalties, however, are more than most drivers in the US can expect if they run down cyclists or pedestrians.  Still, the families and friends of cyclists and pedestrians killed by motorists in Toronto have to bear the same burdens as their peers in Montreal, Vancouver, Boston, New York, San Francisco, London, Paris and any number of other cities in this world one can name. 

Their feelings were aptly expressed by the 8-year-old son of Erica Stark, the pedestrian killed by the van Elizabeth Taylor drove.  "I'm mad at the driver," he wrote in a victim impact statement, which his father read in court.

"In a few years, he'll probably be mad at the justice system," Naomi Buck speculates.  "Who could blame him?"