Did you know that Canadian provinces are falling behind many of our American cousins who have been creating Vulnerable Road User Laws, that is laws that provide additional legal protection for those who are more likely to be injured on the road?
(Aren't we all vulnerable road users at some point every day? Everyone takes crosswalks and sidewalks. Many people cycle at least some time of year. This applies to us all.)
Patrick Brown, a lawyer for Mcleish Orlando, a law firm that specializes in litigating on behalf of people with critical injuries, including injured cyclists, has been arguing that Ontario should have such a Vulnerable Road User Law here. Fellow lawyer and cycling activist Albert Koehl and Brown were both involved in the Coroner's Report on cyclist deaths.
They approached the coroner in 2011 about holding an inquest into cycling fatalities — one of the hottest political buttons in Toronto — and a rash of 14 pedestrian deaths in 14 dark days of January 2010. That run of fatalities wasn’t so different from the spate of deaths in recent months in Toronto.
Since then Brown has been motivated to help address the plight of vulnerable road users through provincial legislation:
Vulnerable Road Users [VRU] account for a quarter of traffic fatalities in Canada. While the rate of emergency department visits in 2012 for road traffic injury in Ontario has decreased overall, this is not the case for pedestrians and bicyclists based on a report released by Public Health Ontario.
Since we know that pedestrians and cyclists injuries are not dropping at the same rate as overall road traffic injuries, Brown asks that the government consider a law to protect vulnerable road users.
On behalf of Cycle Toronto, Brown investigated the typical punishments dealt out by the police and courts to drivers "who hit, maimed and killed pedestrians and cyclists".
When I reviewed just what was in my cabinet, I was alarmed to find that many go unpunished or only get a slap on the wrist. For those who are punished, most of the fines being paid are less than $100.00. The Coroners Review also showed a very low percentage of charges being laid after a pedestrian or cyclist is killed due to driver behaviour.
Even worse Brown says that when victims go to court to read their Victim's Impact Statement, drivers are typically not even present to hear it. Victims have the alternative of a civil case to claim monetary compensation. But civil cases are just not enough deterrent and don't hold drivers accountable. This is how the proposed law would work (similar to eight US states where similar laws exist):
When a Vulnerable User is struck by a reckless driver, the legislation would require the court to impose greater penalties against the driver which reflect the fact that the driver struck a vulnerable road. This legislation would provide general deterrence and require the driving public to take greater care when travelling near pedestrians, cyclists and other at risk road users. The legislation would also make it mandatory for the careless driver to attend personally in court at the time of sentencing. The penalties when a driver has seriously injured or killed a VRU would require the court to consider increased monetary fines, suspension of licences, and jail if necessary.
The current Liberal government seems to be more open to new legislation for improving road safety. Let's see if we can get the ball rolling.