Don existing laws already protect bicyclists and pedestrians hit by reckless drivers?
This question has different answers for fatal and for non-fatal crashes. In crashes that kill pedestrians or bicyclists, reckless homicide (KRS 507.050) appears applicable. We believe that reckless homicide charges ought to have applied in some recent cases of motorists killing bicyclists and pedestrians in greater Louisville. Unfortunately, we have not heard of any reckless homicide prosecutions in car-bicycle or car-pedestrian crashes not involving drugs, alcohol, or another crime (say, fleeing from a bank robbery). We guess that prosecutors lack confidence that they can win a conviction for reckless homicide in cases not involving circumstances such as intoxication that reduce jurors’ sympathy for the driver. In other words, the current law applies in theory but rarely in practice. In most non-fatal crashes not involving intoxication, no existing felony charge appears to apply. The existing misdemeanor charges rarely help, because law enforcement officers cannot cite or arrest drive
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- Don existing laws already protect bicyclists and pedestrians hit by reckless drivers?
