Strict Laws Sought for Drivers Injuring Bicyclists or Pedestrians (12/02/09)

The following news excerpt is taken from a Seattle Times article originally published on October 15, 2009:

Susanne Scaringi was biking to work in West Seattle in 2006 when a van drove into her path. She slammed against the van, suffered a head injury and died hours later.

King County prosecutors declined to charge the driver with a crime.  But eight months after the fatal crash, the city of Seattle charged him with misdemeanor assault for causing Scaringi's death by failing to yield the right of way.

Then a ruling in King County Superior Court said the city ordinance was invalid because it violated a state law that decriminalized most traffic offenses.

That law needs to be changed, argued more than 100 people who crowded into Seattle City Hall Wednesday evening.

The city asked the Legislature earlier this year to toughen the state's negligent-driving laws to include infractions that cause death or serious injury to bicyclists or pedestrians.  It would have made these infractions gross misdemeanors, which could mean a year in jail.

City Attorney Tom Carr, speaking to the crowd Wednesday, said it's frustrating trying to get the proposal through the Legislature.  "We tried to make changes," he said. "We will go back."

Adam Kline, chairman of the state Senate Judiciary Committee, agreed.

"There's a difference between ordinary negligence and criminal negligence and it has political ramifications," Kline said, adding that it will probably take several years to get the law changed.

Some who attended the meeting said a tougher punishment for motorists who injure bicyclists or pedestrians with their cars through negligence might be a steeper fine and revocation of driver's licenses.  But Kline pointed out that 85 percent of those who lose their licenses drive anyway.

Toughening bicycle-accident laws is a top priority for the Cascade Bicycle Club, which sponsored Wednesday's meeting.

Susan Gilmore: 206-464-2054 or sgilmore@seattletimes.com