Why support the MoBikeFed bicycle safety legislation?

An article by Russ Willis, Policy Task Force Chair of the St. Louis Regional Bicycle Federation, in last week's ArchCity Chronicle (PDF file, see page 7), tells why the safety legislation supported by MoBikeFed (currently under consideration in the Missouri House) is so important:

[Let's say a driver] passes within maybe six inches, forcing you to the right. Maybe he shouts at you through the open passenger window, “get off the road.” Maybe, in an extreme case, a passenger reaches out the window and smacks you on the shoulder. Or someone in the car throws a can or bottle at you. . . .

Members of the board of the St. Louis Regional Bicycle Federation (BikeFed) sat down with local prosecutors some months ago to discuss [the problem, that drivers in such cases are rarely cited or charge], and although they were sympathetic, the prosecutors said that as a practical matter it is difficult to prove "criminal intent," and that, unless there is an independent violation, such as speeding, running a stop, or driving under the influence, they cannot prosecute these cases. Two years ago, a nationally known pedestrian advocate was run over and killed by a tour bus in downtown St. Louis as she was crossing the street. The driver was ultimately convicted of failure to yield the right of way. Negligent homicide charges were not brought.

There is a bill pending in the Missouri legislature that would begin to change this equation. The provisions of SB 1031, which have been incorpo-rated into SB 710, would (among other things) require a motorist to exercise “the highest degree of care” to avoid injuring a cyclist or a pedestrian. Passing closer than three feet would by definition fail this requirement. If the cyclist is seriously injured, the motorist could be charged with second degree assault. If the cyclist is killed, the motorist could be charged with first degree manslaughter. The “highest degree” standard would also make it easier for an injured cyclist to prosecute a civil claim for damages.