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Evers Bill: Motorists Should Face Tougher Penalties For Hitting ‘Vulnerable Road Users’
March 2, 2014
A bill filed in the Florida Legislature by Sen. Greg Evers would would impose tougher penalties for hitting certain road users.
Evers’ bill, and a companion House bill by Rep. Dwight Dudley, would impose a second-degree misdemeanor charge on any motorist who commits a moving violation that causes serious bodily harm to a “vulnerable road user”.
The designation would go to pedestrians, including people engaged in work on highways, and people lawfully on the road riding bicycles, motorcycles, scooters, mopeds or animals, or operating farm equipment, skateboards, in-line skates, horse-drawn carriages, electric personal-assistive mobility devices or wheelchairs.
The penalty would grow to a first-degree misdemeanor, with the potential loss of a motorist’s driver’s license for at least one year, if a “vulnerable road user” dies.
The penalties wouldn’t replace other charges motorists could face.
The proposal already has support from the motorcyclists-rights organization ABATE (American Bikers Aim toward Education) of Florida.
The measure is separate from the “Aaron Cohen” Hit-and-Run Act (SB 102 and HB 183), which has already started to move in the Legislature. That measure would make it a second-degree felony — rather than a third-degree felony — and carry the potential revocation of a driver’s license for a motorist who fails to remain at the scene of a crash involving serious bodily injuries. A motorist would face a minimum of four years in jail for leaving the scene of an accident resulting in the death of a person.
The News Service of Florida contributed to this report.
Pictured: A motorcyclist was critically injured in this hit and run accident on Highway 97 in Molino in April 2013. NorthEscambia.com file photos, click to enlarge.
Comments
50 Responses to “Evers Bill: Motorists Should Face Tougher Penalties For Hitting ‘Vulnerable Road Users’”
Two questions come to mind. One what about the bikers who drive their equipment in and out of traffic at times exceeding the speed limit by 30 – 40 mph or more. What about the clown on the motorcycle who rides down the street doing wheelies. What about the bike riders who ride their bikes with total disregard for their own safety or those on the road with them?
When I was a kid and approaching the age where you could ride a 5 hp or less motorcycle or motor scooter, I hit my dad up with all the reason’s I should have a bike. His response was simple: It takes one mistake on a bike, yours or someone else’s and you are dead. As he was making that point a friend of mine passed us on his Cushman Eagle bike. I said look, there goes Kip and he is being safe. We got about three blocks down the road and Kip was laying in the middle of the road dead. A car failed to see him and pulled out in front of him.
Many bikers are safe and responsible individuals. However there are a certain group that gives them all a bad name.
I echo all Marshall’s statements. Think about the things you people are saying. It’s total disregard for other people lives because you don’t agree with the law. Take a moment and read http://floridabicycle.org/bicycle-traffic-law/ . You “lose” only seconds to slow down for a bicycle till it’s safe to pass. The same time could be lost to someone pulling out slowly ahead towing a trailer full of horses. I’m not going to get behind them and lean on my horn because they slowed me down.
There are also difference between “cyclist” and “people riding bicycles”. The people on Munson Hwy are most probably enthusiasts or athletes training—cyclists who know and follow laws. The people riding the wrong direction or in the median on Davis Hwy are just riding a bike to get around and may not know the laws. Respect all of them because your moment of ignorance could end their life.
I don’t feel this bill will change the way people think when they drive, but anything to help bring your focus back to the road is very important. The Share the Road signs, Look Twice stickers, etc all should remind to LOOK for those “vulnerable road users”. To glace at a stop sign and hit the accelerator quickly when you don’t see an immediate large object is what causes these “accidents”. “I just didn’t see him” is no accident. It’s irresponsible and ignorant.
I’m reading so many comments that everything is laid blame on the bikers because they “chose” to put themselves in that risk…
I like to ride because of HUGE difference it cost to fill a bike tank vs my “eco friendly” car and get almost the same miles in.
However, it is not just the bikers faults. There are faults in both parties. Both groups have good and bad apples, some people should never lay an eye let a lone a finger on a bike…and some people should never EVER get behind the wheel of a car. however, we are both on the road. If everyone would just open their eyes and pay attention we might be able to get somewhere one day.
I think, from reading the comments, that I see the problem. It is the ATTITUDE that many of you have. Like the ” The bikers need to move not me” and “YOU better be prepared to face the hard reality of being smashed”. You are not going to lose much time waiting on the opportunity to pass a Cyclist on a two lane road. It is FLORIDA LAW that the Cyclist has as much right to the lane as you when there is no marked bike path. You also must allow a 3 Foot Clearance when passing a cyclist. Maybe if people would get their attitudes in check then everyone could share the roads. As long as some of you keep this “It is MINE and you should NOT be there” attitude, nothing will work! Some just need to CHILL and RELAX when on the road!
Is this a joke? How about putting the responsibility on the motorcyclist. YOU choose to go on a road dominated by 2,000 pound plus moving masses of metal. YOU better be prepared to face the hard reality of being smashed, smushed, folded, snapped and mutilated beyond recognition like many already have and meet your painful demise no matter how stiff penalties or laws are. Its not like its some big secret. They ALL know the risk is higher to die on a bike than in a car. YOU take that risk of losing your legs or life on a fender bender.
Its not a matter of laws, its a matter of physics.
Greg Evers needs to be replaced. I drive down roads with big trailers, including loaded horse trailers with equine athletes inside. There are some roads that don’t have bike paths…LIKE MUNSON HIGHWAY…. I’m sorry when I am loaded with 4 horses in a trailer driving 55mph on the highway with a car coming my way. The bikers need to move not me. And about the farmers. I am all for sharing the road with farmers, best friends are farmers… But when someone is driving down the road with a tractor at night with no lights or caution tape or flashy caution sign.. IT IS THE FARMERS FAULT!
This comment is for people riding motorcycles. I was taught to ride, on a two lane road, to the left of the oil line, near the center line. On a four lane road, you ride near the line separating your two lanes of traffic. This puts you in the area of greater visibility of the people in second or third vehicles behind you. People these days seem to like to hug the outside of the right lane, where no one can see them. Example: you are on a two lane road, with a semi following you. A car behind the semi gets in a hurry, looks ahead at an oncoming car and thinks, I have enough room to pass this guy. He passes the semi and starts back into the lane and what does he see….you sitting over on the right side of the lane. The two options he has, hit the oncoming car, or cut into your space. What do you think he’s going to do? Guys and Gals, stay as visible as you can and drive defensively! If it comes down to you and a car, you’re going to get hit and the driver of the car is going home that night. As many people have said, these idiots don’t see you! Heck, some of them run into great big yellow school buses!
I totally agree with the idea, however, I also wish something would be decided on just how much of the road a bicyclist is entitled to. I was on Davis Highway, during rush hour traffic, in an area without a designated bicycle lane. There were two bicyclists riding side by side, one near the curve and one on the oil line in the middle of the lane, with traffic back up severely. While they do have the right to the traffic lanes, do they also have the right in impede traffic to such an extent, running in effect a 5mph rolling road block?
YO billy ray jr jr…
Hate to tell ya, but it is not “YOUR” Road by Florida State Law! And Bike/Walking Paths are restricted to “NON-Motorized” vehicles except for Handicapped Scooters. Sounds like you need to check the law and your attitude toward Bikes.
Next time I see a skateboarder going down I-10, I’ll be extra careful.
So much anger and animosity about this law. This is a good indicator of how everyone on here feels and how they drive everyday. It seems most feel contemptuous to any safe driving requirements laws or courtesy. Flat out people do not look for motorcycles, bicycles or any other smaller object. I ride a motorcycle and on any given day if I let my guard down to relax and do not drive as though everyone is out to get me on my motorcycle I have close call. You cannot relax fully on a motorcycle and survive. If automobile drivers do not see a big mass of something then they see nothing. Courtesy and respect on the roadway no longer exist and it has been rep[laced with entitlement and arrogance and highway is now a free for all on the roadway.
Here is the bottom line, Evers is trying to get re-elected by any means he can. A worthless law is better than no law says the politician.
I won’t drive my car on your bike path if you don’t ride your bike on my road.
Karen English – The majority of “Bicycle” riders are already paying taxes and etc for the Motor Vehicle(s) they own. A Bicycle causes no real wear and tear on the roadways to add expense to repair them. Riding a Bicycle also releases no harmful gasses into the atmosphere and keeps the rider in better shape physically. It is also Florida State Law that you must give a minimum of 3 Feet to a Bicyclist when you pass them in a Motor Vehicle. Bicyclist are supposed to ride with lights, either steady or flashing, if riding in dark conditions. If they are not using lights after dark, they should be reported to the proper authorities.
LIberty – Seems you use “Liberty” as a name, but don’t believe in others having said “LIBERTY”. Bicyclist, by Florida State Law, have full rights to use any highway they desire to ride on. They must also follow all State Traffic Laws and can be ticketed if they do not.
Yo Seriously – It is Attitudes like yours that cause the problems this law is to correct. Maybe if you would pay attention to your driving you would not have to worry about Bicyclist or anyone else. Your comment just goes to show your crappy attitude to those that choose to use transportation other then a Motor Vehicle! And most of us on Bicycles…are already paying for Tags and etc on our Motor Vehicles!
And to all those that complain about a Bicyclist holding you up and making you late…well maybe you should have left a few minutes earlier and relax a little on your drive!
Mr. Evers, Just What Are You Thinking. 1St Your Farmer Friends don’t Share The Road. When I Drive My Tractor On The Road I Pull Over For Cars To Go Around, Because I Can Pull Over Off The Road. Another Thing What About Insurance, Tags, Liences To Drive A Tractor, BikeCycle, Or Anything That You Call Vulnerable. What About Making A Motorcycle Lane, A Bikecycle Lane, A WheelChair Lane, A Walk Lane On Every Street In Florida Or Just Call It The VULNERABLE LANE. You Can Go As Far As Making All The Vulnerable Put On High Safety Bight Yellow, So They Can Be Seen And A Big Bright Flashing Light. Just dYOU.on’t Think That It Is always The Cars Or Trucks Fault And Make Us Out To Be The Bad Guy. Also, Remember This Is an Election year And I Am One Person Is Taking A Hard Look YOU.
I have trouble understanding the need for Evers new “grand standing” bill. Most or all of the parts are already covered under state law. We have all seen dumb people in four wheels and on two wheel vehicles. Why does a skateboarder, skater and so on have to be in the roadway? Good old Greg just wants his name attached to some kind of bill. I guess the sign company does not need any help this year.
I think hitting the deer or dog would be forbidden if someone were riding them.
While I do not agree that a new law is needed, something does need to be done. I feel that while there are laws on the books that will serve well in a penalty – that part continues to seem to be left out. If there were penalties served out as they should be, there would be a sufficient deterrent to breaking the law.
I also agree with others that have stated there are those who give a group a bad name – such as bikers (a certain image went through your mind, didn’t it?). I know many who are “by the book safe” when they ride, but there are those drivers that don’t realize that if something happens, that person on the motorcycle won’t have much protection and even more important, they will be missed by someone that needs them.
We as people have become far too desensitized to human life and trying to protect it. I’m talking about giving a little extra room in traffic, slowing down when approaching someone, and possibly even stopping if you aren’t required to do so. People make mistakes – everyone does. Give a little and protect someone, even if it is from themselves. You’ll be thankful yourself when someone does it for you and others will be just as thankful.
What if you hit a bike at night and the rider has on black clothes and no safety lights or reflectors on the bike. My husband almost hit someone on bikes at night on two different occasions this was on Munson Highway. Bike riders that ride on the highway should have tags and insurance just like we have to have on our vehicles and trailers. I had to slam on brakes with threes horses in the horse trailer to keep from hitting bike riders on Munson highway. I couldn’t go around them and they would not more to the side of the road. (And I have tag and insurance and pay road tax when i buy fuel.) Greg Evers you need to rethink this stupid bill.
Bad motorcyclists are no different than bad drivers that operate ANY kind of vehicle…period. Including skateboards & skates in this bill is just silly, as they shouldn’t be on a road designed for motor vehicles.
Like others said, I don’t think that anyone intentionally singles out motorcyclists or pedestrians or any others listed. An accident is an accident. One human life should not be worth more than another based on whatever YOU made the choice to operate that day/night.
On another note, I don’t think that when the bill lists animals that it is speaking of animals that wander out in front of you. I believe it is saying that if someone is hit while riding an animal, such as a horse (which also has no place on a road).
Bottom line is…pay attention to EVERYTHING around you at all times because roads are a dangerous place that are often filled with unwanted surprises. Get off your phone, put down the burger and make-up, and be a responsible driver/rider.
David by your reasoning we may as well do away with all DUI penalties,sorry I don’t see it . From what I’ve read here there are many people here who hate us because we ride and will be glad to kill us if they can get away with it .. I have said many times the only thing that keep some people from killing is fear of the law
Once you open the door you’ll never close it….they will just keep adding more to it…what’s next…electric cars, elderly drivers, convertibles….etc…..I say no
I don’t agree with this new law.
First I rode a bike for 40 plus years- had people pull out in front of me, laid a few down because of that and luckily God was watching over me. Got a few stitches and no broken bones. I rode my bike with eyes all around my head. Mirrors, sides, front, stopped cars at stop signs and looked at wheels turning and stopping.
I stopped riding a couple of years ago as I am in my opinion too old and my reflexes are not that of a younger bike rider.
My body couldn’t take a hit or if I went down –I would walk away .
We bikers ( ex included) knows of the dangers and risks of getting into traffic on a bike and thinks drivers should see us all the time.
No law will bring back a loved one, nor penalty.
I lost one already that way.
There is a lot of pain with a guy or lady getting hit on two wheels.
Yes bikes are fun, they are cheaper on gas and the wind in your face is awesome – but at 63 years old I am smart enough to know if I drive a dodge truck-ford truck- car- etc…that’s the first step in my opinion of putting some steel around you for protection.
Lots of people will more than likely spout “I have a right to ride my bike–” and you do.
Don’t depend on two wheels to protect you.
And the senseless no helmet law passed is just more money for the insurance companies.
I rode with some responsible bike riders and seen many on bikes weaving in and out of cars.
Puts a bad name with these type people concerning bikers.
If evers bills passes– you will not get your loved one back.
The state will make more money and the courts machines continue to prosper.
If you ride a bike, ride responsible, don’t assume drivers of cars and trucks see you .
Grow those eyes all around your head and don’t get complacent.
Don’t race your buddy’s, be safe.
I would suggest more life insurance if you want to go with two wheels. Yes I loved riding, but I value my life more than Mr. Greg Evers…his little political agenda will not stop a car from hitting you or truck.
Fines don’t bring a loved one back.
There are pros and cons to each side I don’t think if you hit a deer you should loose your license but I do think there should be some changes made on both sides to protect motorcyclist and other people
If a vehicle is on the highway no matter if its a car, a bike, motorcycle, farm equipment, ect., lights, tag, insurance should be required. In my opinion, this bill should be rejected as trash.
For Joe and Billie, my sincere sympathies for your ordeal, but the point is; would a stiffer penalty for the driver have made a difference to your current situation? If her actions caused you excessive financial hardships you can persue a claim in civil court.
hey all of you bike riders, I don’t care if you ride your bikes, but as long as you obey traffic laws like everyone else, but why should there be a special penalty for hitting you instead of another car or truck.as stated before my problem is with bicycles or skateboards?,,,,really now we have to be accountable for the moronic who go out onto the road on a skateboard….its the DMV for a reason.department of MOTOR VEHICLES., not anything you feel like driving…if it were then that would put us in class of say Jamaica, or China, or any other third world nation..
At first, I was for this new bill. But after reading through these many comments I changed my mind. Im am neither for nor against it. Everyone brought up good points.
One thought; isnt this why we have insurance? So if I hit another person, no matter what they are driving or riding. Or I am hit by someone else doing the same, then I am covered. If its my fault, I get a ticket and my insurance rates go up. If its the other guys fault, they get the same.
Too much regulation and government in my humble opinion.
We have enough laws on the books now. I have had people on motorcyles pull out in front of me. If I hit them and they die (no helmet) why should I be held to higher penalties? Vote Evers out if this is all he can come up with!!!
Did anyone else see the part about animals? – So I get my license taken away if a deer, cat, dog, etc decides it is a good idea to run in front of me even tho I tried to avoid them? I still don’t understand why bicyclists have to go with the flow of traffic so they cannot get out of the way of someone behind them.
I think the bill is needed. All vehicles, including motorcyles and bicycles have a right to the highway. They are not always just for fun. For some it is the only mode of transportation. As for my stroy, my husband was involved in a serious motorcycle accident. His bike was legal, he was not speeding. A lady ran a stop sign, only slowed down, never stopped until he landed on her windshield. He suffered to many injuries to list. As a result, he was in the hospital for 4 months. Permanent injuries so he lost his job, lost his home. Lost most of his belongs. Oh, since he lost his job he lost his insurance. He went without medical attention, medications, needed procedures. The list of the results of this one accident that could have been avoided is never ending. After two and a half years he was finally able to receive disability, about 1/3 of the income he had before the crash. And a year and a half to late to save his home. He comminted no crime, broke no laws, a worked, took care of his bills and family. And one horrifying second his life as he knew it was over. As for the lady that so casually made a rolling stop, what happened to her…busted windshild and a $200 fine and loss of license for 90 days. Yeap, fines paid, windshild fixed, and liscenes back becore he was able to walk again.
You know some people on here are bashing people because they ride a bike well let me tell yall I ride a bike and I’m a safe driver I was involved in a serious motorcycle accident and I was in the hospital for about 4 months because a lady ran a stop sign and I hit her it was her fault and all shegot was a slap on the rist and I was made suffer for her mistake just because she wasn’t paying attention so now I have to suffer for the rest of my life. I lost everything I had because of her my house my income everything sk yes I hope this law goes through cause u get a stiffer fine for hitting another car than someone on a bike.
Remember to look twice for motorcycles. They are not responsible for their actions /sarcasm
I really don’t see how this law will ever stand the test of court in that —-Did he xie of head injuries because someone turned in front of him or because he did not have a helmet on. I can remember when I had to wear a helmet but people in cars didn’t have to wear a seat belt. ????????
The fine for popping a wheelie or otherwise “cutting up” (racing, doing “burnouts” etc.) on a motorcycle while on public roadways is $1000 in Florida, I think.
I think it is more dangerous now to ride a streetbike than ever before, but higher fines will not make it any safer. Seriously??? I can’t believe you would make such a statement, those motorcyclists you mention are human beings. Sure, there may be some that do stupid things on their bikes, but most ride in a safe & sane fashion.
This is political grandstanding at it’s finest. Does anyone believe drivers will be thinking, “I better not hit a motorcycle cause the penalties are really severe”? The key is education for all drivers. For bikers, ride like you’re invisable. If you assume they see you, you’re dead.
The real problem is distracted driving. The ones less protected just make the news more often. Making distracted driving a crime on the same level as D.U.I. would be a start.
I just can’t understand what’s taking so long for this to happen. How many lives need to be lost before this is problem is addressed? Maybe if everybody circled the homes of the lawmakers while texting we can wake them up
I ride a bike and this is why we need protection , because of hate filled small minded people like this
Everyone should have the same rights on the highway. Them who choose to ride bikes on the roads should do so at their own risk no ones making them. They have no protection like an automobile. They generally are harder to see for example: one went flying by me the other day. He was probably going 70 in 45. He was past me before I knew he was there. Here’s the problem with this country in every aspect (PERSONAL RESPONSIBILITY) Hey, I got an idea I drive a compact car if someone hits me in a full size truck may they should face the same penalties. Or better yet maybe our president can force the auto manufacturers to make one model of the same vehicle for all to drive so we can be equal. What has this country come to.
Well said, has anyone seen some motorcyclers pop up on their back tire acting crazy, zipping between cars, but we’re supposed to look out for them & those vehicles on interstates that don’t get over for someone to get on, sometimes they might not be able to but I’ve personally seen where traffic isn’t as bad & they still will not move over especially getting on @ 29, either exit.
I think their should be a law for the idiots out there that text and read and everything else behind the wheel. Lets not forget that half the people who cause alot of these accidents do not even have a valid license to be on the road in the first place. My husband rides a motorcycle and he abides by the rules of the road .
So the crazy on the motorcycles and bicycles get more protection from the government? I couldn’t care less if ANY motorcyclists get hurt or die! All of them act crazy whether on cruisers or crotch rockets. And bicyclists being on the road should be outlawed. No registration and no tag, but I have a “sha” the road with them??? I know a guy that got a ticket for running a red light on a bicycle in the rain and he was ticked! I just laughed at him and said it’s about time bicyclists are held accountable.
What is the official business of skateboarders or inline skaters on roads anyway, that seems to me as a hobby or other recreational activity that should be enjoyed elsewhere. Should be “motor vehicles” only. These kids and adults as well now on the road on skates seems stupid and dangerous.what else are we going to have to look out for?,…..seems we could learn lesson of not trying to overlegislate behaivor of public, but with the overabundance of stupidity prevalent in our youth today thanks to public schools, i guess we have have these kinds of laws since many DO NOT have enough since to get out of the middle of the road..
WOW!! It never stops. The never-ending attempt to legislate everything. If I am reading this article correctly, it means those who hit deer along the Northern Escambia roadways and other parts of Florida will be in violation of law.
This is over-reach. It seems like members of the legislature are competing to see who can come up with the next most ridiculous bill.
James…you hit the nail on the head…many motorcycle drivers are polite, courteous,….as many are not…Passing in no passing zones…driving in-between lines of traffic…I laugh when I see…”Watch for Motorcycles” bumper stickers…the Speeders give the good guys a tarnished name/reputation, for sure.
No..Motorcyclists…you watch out for cars…and slow the hell down!
I would endorse this bill if it included a requirement for motorcyclists to wear helmets. I still cannot understand why automobile occupants are required to wear seatbelts but motorcyclists are not required to wear helmets.
As the owner and frequent rider of 3 motorcycles I am against the idea of stiffer penalties for a certain class of vehicles. No one intends to have have an accident and though the severity of accidents involving motorcycles or bikes is greater it is simply because of the PHYSICS involved, they are harder to see and offer no protection in a crash. School buses are huge and painted bright yellow, but people still manage to crash into them. My point is it will not make anyone safer by legislating stiffer penalties.
If you COOSE to be on a highway/roadway in what Bill describes as a “vulnerable road user” , then you should also accept the responsibility for the risk of putting yourself in a dangerous situation.
Instead Bill, how about a Bill that mandates helmets for those “Vulnerable Road Users”!!!
Where’s the law protecting those in cars and trucks (trying to travel safely from point A to B) from morons on motorcycles acting like they own the roadways and do not have to obey any laws??? There should be equal protection for all travelers and not special privileges granted to those who choose to expose themselves to a less protected vehicle. I’d like a bumper sticker that reads “LOOK BOTH WAYS FOR CARS!”
I have no problems with this law but the crazy automobile and even worse motorcycle drivers acting and driving really stupid should be held accountable. For some reason both these types of idiot drivers on the road think they are immune to causing wrecks or killing themselves or others.