Bicyclists: You want a law that protects you that actually has some teeth? Well, check out what is going on in Washington D.C. On November 29th, the Assault of Bicyclists Prevention Act made its way through the city council's judiciary committee on its way to the full council for consideration. The bill was drafted to "create a civil cause of action for a person who while riding a bicycle is the victim of an intentional assault, injury, or harassment or the threat of assault, injury or harassment, and to provide for civil penalties, punitive damages, and attorney's fees." Specifically, the proposed bill states as follows:
Irrespective of any criminal prosecution or the result of a criminal prosecution, a person who while riding a bicycle is intentionally physically assaulted or otherwise intentionally injured; threatened with physical assault or injury, whether by words, a vehicle, body part of another, or other object; or intentionally distracted, or the attempt thereof, shall have a civil cause of action in a court of competent jurisdiction for appropriate relief, which shall include:
(1) An injunction;
(2) Actual damages with regard to each such violation, or up to 3 times the amount of the actual damages or $1,000, whichever is greater;
(3) Punitive damages in an amount to be determined by a jury or a court sitting without a jury; and
(4) Reasonable attorney's fees and costs.
The bill also states that the remedies prescribed "shall be in addition to all other remedies provided by law" which already exist.
This bazooka of a bill was proposed last year after a D.C. area bicyclist recorded himself being harassed by the driver of a pickup truck who knocked him over. The cyclist and the cycling community at large were frustrated by the lack of any real legal remedy to be pursued against the driver since no serious injuries were sustained due to the assault.
Illinois and the City of Chicago passed bicyclist anti-harassment laws last year enforcing the so-called 3 foot rule. But those measures are flaccid compared to the proposed D.C. law. The Illinois statute states,
The operator of a motor vehicle overtaking a bicycle or individual proceeding in the same direction on a highway shall leave a safe distance, but not less than 3 feet, when passing the bicycle or individual and shall maintain that distance until safely past the overtaken bicycle or individual.
A person driving a motor vehicle shall not, in a reckless manner, drive the motor vehicle unnecessarily close to, toward, or near a bicyclist, pedestrian, or a person riding a horse or driving an animal drawn vehicle.
Every person convicted [under] this Section shall be guilty of a Class A misdemeanor if the violation does not result in great bodily harm or permanent disability or disfigurement to another. If the violation results in great bodily harm or permanent disability or disfigurement to another, the person shall be guilty of a Class 3 felony.
The Chicago ordinance states,
The operator of a motor vehicle overtaking a bicycle or individual proceeding in the same direction on a highway shall leave a safe distance, but not less than 3 feet, when passing the bicycle or individual and shall maintain that distance until safely past the overtaken bicycle or individual.
Any person who violates . . . section 9-36-010 . . . of this Code, shall be subject to (i) a penalty of $150.00 or, (ii) if such violation causes a collision between a motor vehicle and a bicycle, a penalty of $500.00, for each offense.
The differences are not small. Imagine you are harassed or assaulted by a driver in Illinois but not seriously injured. Assuming you can get a police officer's attention, the driver is subject to a small penalty. Moreover, you will be left to your own devices with regard to convincing the local prosecutor to pursue the matter. If the D.C. bill becomes law, cyclists there will have the ammunition needed to hire a lawyer to pursue the matter aggressively, and really hit the offending driver where it hurts.
Thanks to Washington D.C. attorney Michael Forster who made me aware of the D.C. bill via Twitter.
