Washington State Senate Bill 5838 Targets Negligent Drivers (02/05/10)

The following news excerpt is from a Seattle Times article originally published on January 26, 2010 (for the full article, please visit http://seattletimes.nwsource.com/html/localnews/2010898786_bicyclists27m.html):

OLYMPIA — Lawmakers are considering tougher penalties for drivers whose negligence causes serious injury or kills pedestrians and bicyclists.

Currently, if a driver is distracted and forgets to yield to a cyclist, and the cyclist is killed, the only likely consequence is a traffic infraction. More severe charges are brought only if a criminal act, such as driving under the influence, is involved.

The Vulnerable Users Bill, Senate Bill 5838, seeks to change the law without criminalizing the action. In cases when a "vulnerable user" — pedestrians, cyclists or skateboarders — is substantially harmed or killed by a driver's failure to exercise "ordinary care," drivers would still face a traffic infraction, but the punishment would be more substantial.

In addition to being subject to a $250 fine for negligent driving in the second degree, the driver would be required to appear in court, complete a traffic-safety course and perform up to 100 hours of community service that relates to driver improvement and traffic safety. In lieu of these penalties the driver would pay a fine of up to $5,000 and lose his or her license for 90 days.

"There are cases where a driver is not filled with criminal intent but truly does cause death or serious injury to a biker, to a walker," state Sen. Joe McDermott, D-West Seattle, a sponsor of the bill, said at Tuesday's Judiciary Committee hearing.

Citizens' request and headlines, McDermott said, compelled him to try to put in place an appropriate penalty, on the infraction level, that would provide justice for victims and their families.

According to the U.S. Department of Transportation, more than two- thirds of bicyclist fatalities occur in urban areas. And in the city of Seattle, which estimates that on an average weekday 4,000 to 8,000 people cycle to work or school, there is an increased focus on safety.