Dale Larabee | Larabee Laments

The answer: “Yes.” Drivers can kill cyclists and “get off.”

For example, On April 12, a 40-year-old driver was heading up Montezuma Road toward San Diego State. 63-year-old cyclist Charles Gilbreth was snug in the bike lane, probably feeling safe, as we bikers naively do. The driver, unable to lawfully pass a bus crawling up Montezuma, decided to pass the bus on the right, in the bike lane, rear-ending and killing Gilbreth. The driver was charged with misdemeanor vehicular homicide, and on June 17, he pleaded guilty to a misdemeanor unsafe passing of a bicycle and was sentenced to 180 hours of public service.

In 2011, a teenager rear-ended and drove over 49-year-old John Przychodzen, killing him. The police issued only a $42 ticket for an unsafe lane change.

Then, in Nov. 2012, a driver heading north on the two-lane coastal highway in Santa Cruz bolted across both lanes killing Joshua Alper, a 40-year-old librarian cycling south in the bike land. The driver wasn’t charged; he wasn’t cited.

I am not making these up.

The latter two incidents come from a recent New York Times article (Nov. 11, 2013). The takeaway: Unless a driver is drunk or flees the scene, he or she can kill a cyclist and not be prosecuted. If prosecuted, it will be for a misdemeanor—think traffic ticket.

In the Times article, the author lists a number of sobering examples from around the country, all of bike riders minding their business, riding legally yet killed at the fault of drivers, whether by blindly passing on the right into a bike lane, losing control of their vehicle, crossing a highway or illegally parking in a bike lane.

I ride my bike every day. I ride in bike lanes and I do so believing some imbecile won’t drive into my lane and kill me. I realize I’d be dead and he wouldn’t, but can you imagine how pissed off I would be to learn that the driver at fault got off with nothing more than a wrist slap or a fine?

We cyclists cause many of our own problems by ignoring traffic laws, blowing through stop signs and riding on the wrong side of the road (the most dangerous). Yet studies performed in Arizona, Minnesota and Hawaii suggest drivers are at fault in more than half of cycling fatalities. The evidence we have from car-bike incidents support the belief that drivers— even when clearly at fault—can kill with impunity unless drunk or fleeing the scene. Why? Inbred prejudice against bikers, a car culture that has driven our economy since WWII and a justice system that favors drivers despite traffic laws that apply equally to automobiles and bicycles. The same obligations, the same protections.

Enough complaining—where is this leading? First, our legislature is worried about obesity, lack of exercise and pollution. Those in Sacramento have ordered more emphasis on “active transportation,” encouraging us Californians to park our cars. Most urban travel is between 3 to 5 miles, which only goes to reinforce the growing trend of walking and bike riding.

How do we safely integrate more cyclists into already crowded streets with drivers who do not want to be slowed down? Two ways: make drivers and cyclists accept they must share the busy roads safely and respectfully. As Rodney King said, “can’t we all be friends?” The State of California doubts it.

The move now is to segregate bikers from drivers. First, you may have noticed “Sharrows,” bike symbols painted on various roadways about 11 feet from curbs where cyclists may lawfully ride without getting downed by a car door thrown open or forced to ride too close to a gutter. Gov. Jerry Brown recently signed a bill mandating drivers not pass a cyclist within three feet. And, starting in 2016, SANDAG will build protected bikeways, called bike corridors, throughout Uptown, most likely along University Ave. Corridors are another visible way to show your tax dollars at work and encourage cyclists to feel more secure if they leave their cars at home. Many people whose bikes gather dust in their garage find riding in traffic pretty darn scary.

I know that pedestrians are killed in cross walks and negligent fellow drivers also mow down innocent drivers. But we cyclists ride alone when it comes to those who kill us escaping punishment. I hope sharrows or corridors help us cyclists. Bike lanes don’t. One thing is certain: We bikers must do our part by improving our safe driving habits. And that our police and courts must make those who kill and maim us pay.