Trailnet calls for vulnerable road user laws in wake of pedestrian fatalities, no consequences for motorists at fault

After a string of deaths of people walking and bicycling in the  St. Louis region, with little or no penalties for drivers--even though who were acting in an egregiously dangerous way, Trailnet has called for increased penalties for drivers who operate dangerous and then end up injuring or killing.

Could a change in our laws help these situations?

The St. Louis Post-Dispatch reports:

Trailnet, an organization that advocates for safe and alternative options for pedestrians and cyclists in the St. Louis region, is holding up a double-fatality accident in Wellston as an example that stiffer punishments are needed for drivers.

Most traffic fatalities don’t result in criminal charges because they are merely the result of human error, and negligence can be hard to prove. But Trailnet says more needs to be done to make sober drivers more accountable.

The organization is specifically scrutinizing the deaths of LaTonya Williams, 19, and her boyfriend, Jermaine Byrd, 22. They were run over by a car one evening in 2015 while walking on a sidewalk near Martin Luther King Drive and Kienlen Avenue. The driver wasn’t charged with a crime and didn’t have any points taken off her drivers license.

“It’s really kind of disturbing to us and our organization,” said Ralph Pfremmer, executive director of Trailnet. “It speaks to how vulnerable everybody is and how the system doesn’t always work in favor of the victim. This isn’t the only story that is out there. There are many.”

Passing legislation to increase penalties for dangerous drivers who injure or kill has been among the top legislative priorities of our members and allied organizations, according to our surveys and polls. But the Missouri General Assembly has not been receptive to this ideas so far.

In 2016, Rep. Nate Walker of Kirksville introduced "Vulnerable Road User" legislation as part of HB 721.

It may be time to bring that proposal back. It included this language:

304.595. 1. Any person who operates a motor vehicle in a careless or distracted manner and causes serious physical injury or death to a vulnerable road user shall be guilty of the crime of injuring a vulnerable road user.

 

2. Any person issued a citation under this section shall be required to attend a hearing regarding the citation before the appropriate court.

 

3. Any person who violates the provisions of this section shall be required to:

(1) Pay a monetary penalty not to exceed two thousand dollars;

(2) Serve a time not to exceed thirty days in a city or county jail;

(3) Participate in a motor vehicle accident prevention course; or

(4) Perform community service for a number of hours to be determined by the court; and

(5) Have his or her driving privileges suspended for a period of no less than six months.

 

4. For the purposes of this section, the term “vulnerable road user” shall include:

(1) A pedestrian, including those persons actually engaged in work upon a highway, work upon utility facilities along a highway, or the administration of emergency services within the right-of-way;

(2) A person lawfully riding an animal; or

(3) A person lawfully operating a bicycle, piece of farm equipment, skateboard, scooter, moped, motorcycle, horse-drawn carriage, wheelchair, or an electric personal assistive mobility device or who is wearing roller or in-line skates.

Our Legislative Platform includes support for several proposals that will help address this issue.

Vision Zero is another initiative starting to gain traction in Missouri, that uses a variety of tools to address this important issue. Trailnet--as well as other local and regional organizations working across Missouri--strongly supports Vision Zero.

Working to improve safety for all road users, including Missourians who walk and bicycle, is one of the top priorities of MoBikeFed's Vision for Bicycling and Walking in Missouri.

Your ongoing membership and generous financial support helps power our advocacy work and turn our vision into reality!