In simple terms, what would HB 88 do to benefit Kentucky bicyclists and pedestrians?
First, HB 88 defines a new crime, vehicular assault of a bicyclist or pedestrian. This crime involves a vehicle striking a pedestrian or bicyclist due to recklessness on the part of the vehicle operator. Second, HB 88 empowers law enforcement officers to cite or arrest drivers for that crime on the basis of “probable cause.” Probable cause means reason to believe that the suspect committed that crime – typically, physical evidence or eyewitness testimony. Under the new law, a police officer could arrive at the scene of a crash, interview witnesses and examine evidence and, if appropriate, cite a driver for vehicular assault of a bicyclist or pedestrian. Without this law, the police can’t cite the motorist for a non-felony, non-DUI violation even with eyewitness testimony, physical evidence, and a video recording of the crash!
