[SDCBC] SD Bike shop owner Mike Simmons hit by car

[John Eldon]

My reactions:
1) James is probably right on all counts.
2) Running a visible, functioning, unambiguous red light at a properly designed, unconfusing intersection should be considered criminal negligence.
3) The state-mandated minimum auto insurance liability coverage is a cruel anachronistic joke on all victims. A 19-year-old may or may not carry much insurance, but he or she has a lifetime of earnings ahead -- why not set up a permanent payroll deduction plan, giving the victim at least a token continuing income stream while periodically reminding the perpetrator to drive properly?

John E.

----- Original Message ----
From: James Hsieh <jhsieh at stickman-computing.org>
To: Wade Blomgren <wblomgren at gmail.com>
Cc: sdcbc <sdcbc at bikesandiego.org>
Sent: Thursday, August 30, 2007 10:48:49 AM
Subject: Re: [SDCBC] SD Bike shop owner Mike Simmons hit by car

Your list postmaster just has to make a comment on this....

 From (unfortunate) personal experience, this most likely results
in, at most, a ticket for running the red light.  No criminal
prosecution because it's "Accident not amounting to criminal
negligence."  What amount does, well, no one knows.  Probably
whether the police or DA think they can prosecute and get a
conviction (like, witness testifies person deviated from path
to hit someone).

Civil recourse is also probably extremely limited.  I feel badly
for Mr. Simmons.  19 year olds probably have no assets and only
the minimum State mandated auto insurance for liability.

As a pedestrian, I just have to approach every intersection with
this possibility in mind.  Cross defensively.  It's not fair, but
the harsh reality is I'm not going to win a pedestrian versus
automobile collision at any speed.

--James




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