Why does Kentucky need a new law governing reckless driving? Here are some examples of the problem Kentucky House Bill 88 addresses:
- Cynthia Flowers was on her job as a crossing guard for the police department, directing traffic outside this school.
- A driver hit her and broke both her legs.
- The driver was not charged with any moving violation.
- George Cronin was lawfully riding his bicycle across this bridge.
- In broad daylight, a driver hit him from behind and killed him.
- The driver was not charged with any moving violation.
- Apryl Hunter was walking across this crosswalk with the walk light in her favor.
- A driver ran the red light, struck her, and killed her.
- The driver was not charged with any moving violation.
Kentucky House Bill 88
The bill gives traffic officers and prosecutors new tools to hold accountable reckless drivers who hit pedestrians or bicyclists. The campaign to pass HB 88 is nicknamed "One Road" to emphasize that our public roads must safely serve the needs of all road users regardless of their modes of transportation.
As in many other states, Kentucky law generally does not allow law enforcement officers to issue citations or make arrests for non-felony traffic violations not witnessed by the officer. Even when physical evidence and eyewitness testimony shows the driver at fault, officers typically cannot press any charges. Because most crashes occur when no officer is on hand to witness them, criminal charges are rarely filed in connection with the crashes. When a law-abiding bicyclist or pedestrian gets hit by a car, the news accounts say, "No charges will be filed," giving the impression of a tragic accident for which nobody is at fault. The lack of enforceable criminal penalties sends the message that these crash-causing driving violations are of no concern to the Commonwealth, and that it is merely a private (civil) matter for the involved parties to resolve among themselves. This helps to perpetuate the false belief that bicycling and walking are dangerous, and that drivers need not do anything to reduce those dangers.
The bill creates a new offense, vehicular assault of a bicyclist or pedestrian, defined as a vehicle operator hitting a bicyclist or pedestrian while operating a vehicle in a reckless manner. Reckless means a combination of: 1) failing to avoid a substantial and unjustifiable risk; and 2) grossly deviating from the standard of care exercised by a reasonable person under those conditions. To convict someone of this crime, the prosecutor would need to prove recklessness. This provides a large degree of protection for vehicle operators who hit someone through little or no fault of their own.
The bill would specifically empower law enforcement officers to issue a citation or make an arrest for this crime on the basis of probable cause, which means good reason to believe that the person committed the crime, regardless of whether the officer witnessed it. If an officer arrived at the scene of a car-bike or car-pedestrian crash, looked at the evidence, and had strong reason to believe that one party to the crash caused it by driving recklessly, the officer could charge that person with vehicular assault of a bicyclist or pedestrian.
The bill also: defines bicycle for the first time in KY law; and defines the circumstances under which bicyclists need not ride as far to the right as practicable. This clarifies the rights of bicyclists to move left to prepare for a left turn, to avoid fixed or moving obstacles and surface hazards, and to avoid the right edge of lanes too narrow to allow a motor vehicle to pass a bicycle safely without changing lanes. The great majority of bicycle-accessible roads in Kentucky have lanes under 13 feet wide, so this would apply widely. HB 88 includes this in order to protect the rights of any bicyclist struck from behind while riding in the middle of a narrow lane.
Download the full bill by visiting this lrc page.
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How you can advocate for One Road.