Intentionally Strike a Bicyclist? Spend Some Time In Jail
June 17, 2010 8:11 am Uncategorized
I came across this news item on The Chicago Bike Advocate blog and realized it’s the perfect follow-up to “NY Bike Accident Lawyer Angered by So-Called “Joke” “ my recent post about the patently UNFUNNY practice of joking about hitting bicyclists with cars.
I guess drivers won’t think it is so funny when they end up sitting in jail!
“Ten Days in Jail for Intentionally Striking a Bicyclist”
(Via The Chicago Bicycle Advocate by Brendan Kevenides )
“Yesterday, a Chicago man was sentenced to 10 days in jail, followed by probation, for intentionally striking an unlucky bicyclist with his car in Brookfield. The sentence was handed down by Cook County Judge Carol Kipperman. The driver and his buddy were intoxicated at the time of the incident and allegedly took turns behind the wheel hunting down cyclists. The other driver is scheduled to be in court Monday and is also charged with striking a bicyclist. Neither of the two bicyclists struck in the attacks on May 31, 2009 sustained life-threatening injuries. This story was reported by chicagobreakingnews.com.
This matter is hard to swallow. To say that this is a light sentence for what sounds like attempted murder is putting it mildly. I hope there is more to the story than is being reported. Otherwise, this is the sort of outcome that may chip away at the public’s faith in our courts.”
I wholeheartedly agree with Brendan’s sentiments about this case and applaud him for spreading the word about it. Jail time serves the jerk driver right. My only criticism is that the jail sentence should have been MUCH longer.
Thanks for reading and RIDE SAFELY,
Jim
_______________________________________
James B. Reed, Esq.
NY & PA Bicycle Accident Lawyer
Ziff Law Firm, LLP
303 William St., Elmira, NY 14901
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June 18th, 2010 at 10:13 am
It’s appalling that intentionally trying to hit anyone only yields only a 10 day sentence. It’s bad enough when drivers’ inattention on the roads causes injury or death to others, but *intentional* acts like this should have a minimum of a year in jail.
June 18th, 2010 at 11:07 am
Agreed, agreed, agreed! You are preaching to the choir.
I can tell you that in most states, there is a wide range of laws that might be applicable and often there is a wide range of possible sentences that a judge may impose for a violation of a particular law. What this means is that it is VERY important that anyone injured, either negligently or intentionally, be a polite but strong advocate for an aggressive prosecution of your case. This means enlisting the support and assistance of the local police, the prosecutor, local advocacy groups, etc. The bottom line is that it is the squeaky wheel that gets the grease! And if the injured person is my client, I sure know how to SQUEAK!
Thanks for reading and commenting, Jim
_________________________________
James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Mailto: jreed@zifflaw.com
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Web: http://www.zifflaw.com
Blogs: NYInjuryLawBlog.com and
NYBikeAccidentBlog.com
June 22nd, 2010 at 6:49 pm
To add insult to injury, the 2nd person charged got no jail time and 2 years probation:
http://www.chicagobreakingnews.com/2010/06/brookfield-bicycle-bicyclist-aggravated-battery-deadly-weapon-armando-reza-erik-fabian.html
June 23rd, 2010 at 8:47 am
Thanks for the update although I agree with you that the result is VERY disappointing. That’s why it is critically important that we cyclists be STRONG and VOCAL advocates for one another. We may be a distinct minority but that does not mean we should be subjected to injury/death or ignored!
Thanks for reading my blog and letting me know the final outcome!
Jim
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New York & PA Bicycle Accident Lawyer