Law enforcement usually sides with motorists in bike/vehicle crashes

In my previous column, I put forth the notion that the majority of motorists consider cyclists to be — at best — secondclass users of our roads. Likewise, pedestrians and cyclists who primarily use sidepaths are perceived no better than onroad cyclists whenever there is a conflict between motorists and human-powered travelers. My observation is backed up by a recent Florida Department of Transportation survey of motorists.

Adding to this pervasive public bias is, unfortunately, a similar attitude held by too many of those who enforce traffic laws. While I can't back my claim with a study like the one noted above, I can say from experience and example that frequently motorists are given the benefit of the doubt after crashes or incidents involving pedestrians and cyclists, especially when the motorist was determined to be sober and otherwise not engaging in criminal behavior at the time of the event. That's good if you're the driver who was at fault but bad for everyone else, including other motorists, since dangerous misbehavior is essentially excused.

As one who frequently works with police, deputies, and troopers in efforts to make our roads safer, I have enormous respect for the work they do and an understanding of just how difficult their job is. I certainly don't want to jeopardize my relationship with the various agencies and individuals, especially those who grasp the bigger picture. However, I believe there's a presumption among a significant number of traffic enforcers that our roads are designed and intended first and foremost for motor vehicles, a view similar to that held by the general public, even though law enforcement professionals know that's not the case (as do most others).

Recently, during a media interview at the scene of a fatal crash in which a cyclist was struck from behind while riding in an undesignated bike lane, the trooper made it clear to the reporter that the cyclist was well with his rights to be where he was and was operating legally, yet had to add the comment that it wasn't safe for the cyclist to be in the road, even with a bike lane in place. A statement like that reveals a problem, in my opinion.

Bias among those with enforcement powers has more impact than motorists with the same mind-set, especially for those involved in a crash. Based on a number of local crash reports I've tracked over the years, scores of accounts of crashes and subsequent findings related to me by those involved, and frequent news stories that come across my desk, I've concluded that even when circumstances indicate the motorist was clearly at fault in a collision or other incident involving a pedestrian or cyclist, there's a good chance that the offending motorist will not be appropriately cited, if at all. In fact, I've heard horror tales of the tables being turned on the victim, some to the point of total and complete injustice that has resulted in financial ruin — and worse. I'm sure many readers of this column can provide their own

stories of injustice.

Inflicting unduly severe punishment upon motorists for judgment lapses or negligence isn't the answer. But if enforcement personnel aren't evenhanded, we will continue to experience the high crash rates and overall inhospitable conditions that have plagued our roads for a number of decades.

My intention is not to blame law enforcement for the harsh bike/ped environment that exists here and in many other places. Rather, I simply want to remind readers of the fact that a culture of inequality persists on our roads and that those who enforce laws can be the key to changing things. By ensuring the most vulnerable road users are given the highest level of protection and consideration, overall traffic conditions and safety will improve for everyone. That is, after all, the goal of traffic enforcement, is it not?

ProBike/ProWalk Florida Conference Update

Attendees at this year's PB/PW Florida Conference, taking place Oct. 20-24 in downtown St Petersburg, will hear from national and state experts, participate in mobile workshops, and meet others who are working to improve their community's bike/ped environment, all while having a great time in a city that has successfully embraced the concept of becoming a bike/ped-friendly place.

As conference co-coordinator, I can tell you that the quality of our speakers and topics is outstanding, as is the conference site, the Bayfront Hilton. Walkable Communities founder and world-renowned community designer Dan Burden is among our keynote speakers (he will also conduct two sessions).

Community leaders, advocates, elected officials, planning and transportation professionals, and anyone interested in improving the environment for cyclists, pedestrians, transit users, and those with disabilities should consider attending. Please visit our Web site, www.probikeprowalkflorida. com, for details.

Until next time, I'll look for you on the roads...

— Dan Moser is league cycling instructor/ Trainer and a former bike/ped coordinator who cycles regularly for transportation, recreation, and fitness. He may be contacted at moserdeleon@juno.com or (239) 334-6417.