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If a driver who was sentenced to 15 weekends in jail for leaving the scene after striking and killing cyclist Tom Samson had instead remained until authorities determined the circumstances, he likely would have only received a small fine, Toronto personal injury lawyer Patrick Brown tells Catherine Porter at the Toronto Star.
The article states that despite an outcry against the sentence, Samson got some justice compared to other cases across the province.
Brown, a cycling advocate who has represented more than 100 riders in civil court and advised a further 300, was a panelist on the 2012 coroner’s review of cycling deaths in Ontario that found 62 per cent of fatalities were the fault of drivers, in whole or in part. But, less than a quarter of them resulted in charges being laid.
Brown spoke to the Star in the wake of driver Miguel Oliveira’s conviction and sentencing for failing to remain at the scene of an accident.
Provincial review
He says that after the provincial review he decided to follow up himself on what happened with cases of drunk driving or hit-and-runs and didn’t like what he found.
“In most cases, they charge them with careless driving, but then they’ll plead out to a lower offence — unsafe lane change, failure to yield or turn not safely,” Brown tells the Star. “It’s a slap on the wrist.”
Brown and colleague Albert Koehl are lobbying for a “vulnerable road user law” in Ontario, like what they have in some U.S. states, where drivers who seriously injure or kill walkers or cyclists face extra fines and suspensions, must take traffic safety courses and do 200 hours’ community service.
The drivers also are mandated to attend traffic court hearings and face the families of their victims.
Brown suggests in the Star report that perhaps such a law would save lives and help the victims with closure.