Killing A Cyclist Is A Misdemeanor? What's The Alternative?

My dealings with this city's bus drivers have been, for the most part, respectful and courteous. I try not to make their job more difficult and I think most of them actually to do the same for me. Then again, if I can't communicate verbally, I try to signal with nods, winks, thumbs-up, eye contact and the hand signals (for turns and such) they used to teach in school.  I try to avoid using my middle finger, and most of the time I succeed.
  
They have a tough job. I try to be the cyclist they're thinking of when they complain about us.  There are other cyclists who think and act as I  do--I've seen them--and I hope the drivers remember, if not us, then at least their interactions with us.

Photo by Yanina Manolova

I really don't want anything to make our relationship more hostile.  After all, whether or not it's their intention, they are helping to reduce the number of cars in this city.  And, quite frankly, I am more confident about their commitment to safe driving than that of a lot of other drivers I encounter.

As I've said in other posts on this blog, the best way to create an environment that's safe, let alone friendly, for cyclists is for motorists to understand what it's like to ride.  That is best accomplished when large numbers of motorists are also, or have recently been, cyclists.  Such is the case in many European countries.  Increasing the hostility between cyclists and motorists helps no-one.

That is why I'm really troubled by a bill that's just passed in the New York State Senate. I'm also just as troubled by the situation it's supposed to remedy.

As it's written, the bill would exempt bus drivers--as taxi drivers and others paid to drive--from the same consequences other drivers face when they hit or run down a pedestrian or cyclist.  If the bill is enacted (i.e., if the State Assembly votes for it), the police would not be able to detain any bus, cab or livery driver who strikes a cyclist or pedestrian who has the right of way.  They would also not be held at the scene of an accident for reckless endangerment, assault or other violations that aren't covered in the traffic code.  As long as the driver remains at the scene, has a valid license, is cooperating with police and  isn't suspected of being drunk or high, law enforcement can only issue him or her a desk appearance ticket.

In other words, the bill would make killing a cyclist--as long as the driver responsible is a professional--a misdemeanor.

Of course, as a cyclist, I find that outrageous.  However, at the same time, I don't think that automatically slapping the cuffs on a bus or cab driver if there's a pedestrian or cyclist lying in front of his or her vehicle is the best policy.  While I've seen reckless drivers, I suspect that the majority of cases in which cyclists or pedestrians are struck or run over by bus or taxi drivers are accidents--terrible ones, but accidents nonetheless.  

So, I can understand why the transit workers' union wanted the bill that's just passed at the same time.  On the other hand, I can't help but to think that they want it only because the only alternative they've been presented is one that automatically assumes the guilt of the driver.  I'm no Constitutional scholar,or even a lawyer, but it doesn't sound like either the bill or the automatic assumption of guilt squares very well with the foundational document of this country's jurisprudence.

As we say here in the Big Apple, There's Gotta Be A Better Way.

How Can Fatal Cycling Accidents Be Prevented?

From 1996 through 2005, 225 cyclists were killed in New York City.  There was neither an upward nor a downward trend and, save for one spike (40 deaths in 1999) and one significant drop (13 in 2001), the number of deaths per year was remarkably consistent. That consistency came at a time when the city's population, its number of cyclists and amount of bike lanes grew significantly.  

So, for that ten-year period, 22.5 cyclists were killed in accidents in New York City each year.  For the period from 2002 to 2014, that average dropped significantly.  In those 13 years, 245 cyclists died on Gotham's streets, for an average of 18.8.  Once again, the numbers were relatively consistent, ranging from a low of 12 (achieved in 2009 and matched in 2013) to a high of 24 in 2007.  However, every other year during that time fell within a range of 16 to 24 deaths.

Interestingly, some advocates raised alarms last year when the number of deaths rose to 20, which represented a 67 percent rise from the previous year.  While we'd prefer that no-one dies in accidents, that number is squarely within the range of the preceding two decades. 

London has roughly the same population as New York City.  In 2013, it experienced 14 cycling fatalities, two (or, if you prefer, 16 percent) more than New York.  Last year, 13 cyclists died in the British capital.   Yet those numbers have caused more shock and calls for action than the loss of life in New York, where the media (especially the Post) are always ready to blame cyclists themselves.

One striking similarity between the two cities is that most bike lanes are painted on the side of normal streets and roads.  In fact, that is the case in both the UK and the US.  One problem is that cars often pull in and out of them, which can lead to a car striking a cyclist (as happened to Tom Palermo  in Maryland).  

A Malmo cycle lane

While I think that separate lanes are not the be-all and end-all of urban cycle safety, they can be helpful if they are well-designed and well-constructed.  One city that has shown as much is Malmo, Sweden, which has a network of two-way cycle lanes throughout the city.  Another is Copenhagen, which has the Cyckelslagen ("cyclesnake"), a bicycles-only bridge over the harbor. Unlike too many bike lanes in New York and London, Malmo's and Copenhagen's bike paths are useful connections between places where many cyclists live, work, go to school or ride for recreation.

Cyckelslagen

Other cities, like Paris and Dublin, have tried to make cycling safer by regulating traffic, particularly trucks (or what the Brits call "lorries"). I have found that, even in cities, most truck drivers are courteous and careful and try to accomodate cyclists.  (At least, they're nice to me.)  But the presence of even a single truck on a city street snarls traffic, especially in older cities with narrow streets.  And when one stops to load or unload its cargo, it has the same effect of a door opening:  The cyclist has nowhere else to go and can either crash or take his or her chances swerving into the traffic lane.

At least some policy makers in London are looking to those examples in other European cities.  I wonder what they would make of the situation here in New York, and what policy makers here could learn from their counterparts on the other side of the Atlantic.  

Cycling is growing in all of the cities I have mentioned.  In order for it to be considered as a true alternative to other forms of transportation, it must not only seem safer; it also has to be safer.  

A Gateway To Summer

Today is the first full day of summer here in the Northern Hemisphere.  The day was hot, but not terribly humid, and the skies were clear. So, of course, I went for a ride. 

From Adventure Cycling 

I had a limited amount of time, so I made no effort to score style points.  Thus, I had nothing on any of these young ladies enjoying a summer ride in Copenhagen in the 1950's.



Where are they now?  Perhaps they've entered the Bike Gate:

Artist Tylur French created it from over 300 scrap bicycles.  It graces the entrance of Overton Park in Memphis, Tennessee.