Harsh penalties are needed when cars used as weapons

In many cases, a car is the weapon of choice against a cyclist — and although the consequences for the victim are far greater than if they had been attacked by some other means, the penalties for the driver are often minimal, Toronto critical injury lawyer Patrick Brown writes in Canadian Cycling Magazine.

In one recent case caught on video, a driver assaulted a Peterborough cyclist with a club, which Brown, partner with McLeish Orlando LLP and founder of Bike Law Canada, says left him wondering whether cyclists are now going to face drivers brandishing tire irons when they curse back at them, or if this was a sign of escalating driver/cyclist aggression.

Criminal record

“I am pleased to say, I highly doubt it. Why? Because our police and criminal justice system will deal harshly with this guy. He will likely find himself behind bars and he will have a criminal record. The court will send a reminder that this barbaric behaviour will not be tolerated, in much the same way had he beaten a neighbour on his front lawn.

“Even though the sentence will likely not be as severe as many would like to see, it will be substantial. He used a weapon in a violent assault and he will pay for it,” he says.

However, writes Brown, this does not mean the system is working.

“What if instead of stopping and selecting his club, he chose his truck as his weapon? What if he did a few punishment passes with his pickup truck, purposely turning in as close as possible to the bike? The elderly cyclist would get spooked, turn away, catch the curb or soft shoulder and find his head smashing against the pavement or heading into a car or tree.

“What if the driver decided to use his door to bash the cyclist as he drove by, or better yet, to deliver a right or left hook so the rider slams into the side of the truck? Or perhaps even more aggressively, just run him down from behind?”

Penalties are minimal

Many of these events happen frequently to cyclists, but the penalties for drivers are minimal as charges are often laid under the Highway Traffic Act, which results in a ticket, says Brown. For the few charges that do result in a conviction, he says, the penalty is a small fine, unless the driver is drunk.

In terms of what needs to be done, firstly, says Brown, “go after this assailant with the full force of the law. This will happen. Secondly, demand that those who use a car in a similar and violent manner meet the same harsh response.

“Lastly, for those careless and reckless drivers who kill and maim, a fine is not acceptable. We should ensure vulnerable road user laws are passed to send a message that if you hurt or kill a cyclist, you will be subject to added penalties far beyond what exists,” he adds.