Why are our courts so soft on drivers who kill cyclists?

I think the short answer would be most cycling deaths are a result of negligence as opposed to malice.  Even gross negligence, without an intoxication component, would likely not result in severe criminal charges.

Malice is also hard to prove.  But read any news article about a cyclist getting hit and scroll down to the comment threads.  There's a lot of malice out there.  Ride with that in mind.

I think this is a big part of it.

I also think that there is a huge grey area in the law and understanding of the law for cyclists and how they interact with motorists. To  nc452010 point, I'd be curious to see how similar cases are handled if it's car v. car but we do have to admit, bicycles add a little different complexity. 

One of the cases cited said a truck driver was sentenced to 20 months in jail and banned from driving for a year for failing to use a turn signal. I realize that the impact of the error was the death of a cyclist, and that is incredibly unfortunate, but his crime was simply failing to turn his blinker on. 

Because the driver always makes the claim "because I didn't see him/her."  And for some reason, judges and juries somehow buy that as an excuse so that it falls more under an accident than negligence.  

When in reality, we all know that "I didn't see him/her" is really just a nicer way of saying "I wasn't looking," or "I wasn't paying attention," which does imply negligence.  The sooner we stop accepting "I didn't see him/her" as an excuse, the sooner we can start holding people accountable for their actions.

Both of the scenarios you mention deal with negligence, not criminal activity.  This thread was about criminal courts being soft on drivers, not civil courts.  Whether or not juries award damages in wrongful death cases is a different issue.

In Florida vehicular manslaughter is a 2nd degree felony, with a maximum of 15 years.  

The teenage son of some friends of ours was convicted of DUI manslaughter several years ago when he ran a red light an killed the teenage daughter of another family we know,  He was sentenced to 10 years.

I've followed similar cases in FL since then and the sentences seem to be all over the place, especially if it is just vehicular manslaughter with no DUI.

Mark

I am not condoning anyone's actions - negligent or criminal.  If there is a criminal case that can be made, it should be taken to the grand jury.  I don't disagree that distracted driving that results in a collision is negligent or even grossly negligent.  However, criminally negligent homicide/manslaughter is used for egregious actions involving intoxication, high speed chases, or other situations involving wanton disregard for the lives of others (usually felony offenses).  Legislators could enact laws making it a felony to crash a vehicle into a cyclist/pedestrian while texting or talking on the phone, but, as far as I know, none have.

So my answer to the OP's question stands.  Why are our courts so soft on drivers who kill cyclists?  Because, under the law, most cases involve negligence as opposed to the malice (as required to be found guilty of a crime).    

For some reason I pictured you running out of an area that had no visibility to the sidewalk, nearly getting hit by a cyclist, then hitting him with your fist.

Oh yes, there was that one time...

Yeah, I think ultimately an infrastructure that is separated from vehicular traffic is the solution. But it's hard to convince tax payers the benefits of funding these kinds of projects. 

A few people will complain about a city spending money on bike lanes.  But if the city doesn't, then they get completely aggravated when bikes are in "the car" lane.  They'll also complain about bikes not paying for road upkeep (um... most of us have a car).  Basically they've already made up their minds.  The best we can do is ride defensively and politely and be as visible as possible.

http://www.redlandsdailyfacts.com/article/ZZ/20121003/NEWS/121008845

Three years probation for nearly cut a cyclist in half.  That's about as soft as it gets.

On a separate note, I had a guy start honking his horn at me from behind yesterday as he went by and then made his right turn a few feet in front of my wheel.  Hey, at least he found his horn, which is apparently much easier to reach than the brake pedal.

New Mexico PBS recently aired a documentary about cycling/pedestrian/motorcycle safety in NM.  It was fairly well done and they spoke with a local teen who was struck while riding his bike.  Unfortunately, the people who would benefit from watching it, wouldn't likely watch it.