NYC Drivers in Fatal Cycling Crashes Receive No Criminal Charges

Recently, a New York Times editorial stimulated a great deal of debate by asking, “Is it okay to kill cyclists?” In the piece, Daniel Duane, a contributing editor for Men’s Journal, made the point that drivers who kill cyclists are likely to escape criminal liability.

Cyclists are being injured and killed on the roads in huge numbers. According to the National Highway Traffic Safety Administration, in 2011, nearly 700 lives were lost in accidents involving a bicycle and a car, while 38,000 cyclists suffered injuries in traffic accidents. The cause is just as important as the effect. Duane references studies that suggest that drivers are at fault in more than half of all cycling deaths.

Pedestrians are also not immune from safety risks. According to a 2011 report by national transit advocacy group Transportation for America, NY ranked first among major metropolitan areas in pedestrian deaths caused by traffic accidents. This followed on the heels of a landmark study commissioned by New York City that found that pedestrians are 10 times more likely to die than a motor vehicle occupant in the event of a crash.

Cyclists, pedestrians, and motorcyclists are all at risk because they fall into the category of “vulnerable road users.” According to the New York City Pedestrian Safety Study, vulnerable road users account for 71 percent of all NYC traffic fatalities.

Cyclists Not Protected on NY Roads

“There’s a joke from New York that maybe isn’t very funny: If you want to kill someone and get away with it, use a car.”

–Elizabeth Stamp, executive director of Walk San Francisco

Far too often, drivers face no criminal charges for fatal accidents involving cyclists. This is true even when the driver is at fault. When a driver is prosecuted, the punishment imposed is often light. A driver who kills a cyclist on the road typically receives a minor traffic citation. A driver may be fined or perhaps receive community service; however, there will be no meaningful penalties for offenders because prosecutors are reluctant to seek jail time unless the accident was caused by drunk driving or reckless driving.

If you have been involved in a traffic accident in NY, contact an experienced traffic defense lawyer at the Law Office of James E. Tyner, PLLC. For free initial consultation call: 866-642-3807.