Rick Perry – Greasing The Wheels Of Injustice
Rick Perry for President - photo rickperry.org
Each year approximately 50 cyclists, 400 pedestrians and 500 motorcyclists are killed in Texas. As a cyclist I can tell you that there’s a perception in this state that the drivers who are responsible for the death of people riding bicycles are seldom, if at all, actually held responsible. In Texas if two automobiles collide, chances are someone is at fault, but if a car or truck hits a cyclist it’s just bad luck. In other words, “the sun got in my eyes” or “I didn’t see him” seems to be all it takes to avoid any responsibility for leaving a dead cyclist in your wake.
As a remedy in January of 2009 a bipartisan bill was put forth in the Texas House and Senate which was originally called the Safe Passing Bill (SB488). It was later modified to include pedestrians, runners, physically disabled persons, children, skaters, construction and maintenance workers, stranded motorists, equestrians, bicyclists, motorcyclists, and unprotected farm equipment operators, where it became known as the Vulnerable User Road Bill.
It called for “more than three feet passing distance (six feet by commercial vehicle) when a motorist passes a vulnerable road user, the Safe Passing Bill (SB488) included penalties for the “right hook” (turning dangerously in front of a vulnerable road user), and failing to yield when making a left turn at an intersection. A violation of this law would be punishable as a misdemeanor, and if the violation results in property damage, the violation would be punishable by a fine of not to exceed $500. If the violation resulted in bodily injury, the violation is a Class B misdemeanor punished by: (1) a fine not to exceed $2,000; (2) confinement in jail for a term not to exceed 180 days; or (3) both such fine and confinement.”
In Texas if two automobiles collide, chances are someone is at fault, but if a car or truck hits a cyclist it’s just bad luck.
The language of this bill was not something terribly original as there are similar laws on the books in Arkansas, Arizona, Colorado, Connecticut, Florida, Illinois, Louisiana, Maine, Minnesota, New Hampshire, Oklahoma, Oregon, Tennessee, Utah, and Wisconsin. And even the penalties are arguably mild but at least now we would have a law that required vehicles to cut us some physical slack when passing a cyclist, or other “vulnerable user.”
The bill was easily passed by both the Texas House and Senate, and then something very unexpected happened. Governor Rick Perry stopped it cold.
Rick Perry photo source unknown
In June of 2009 Perry, an avid cyclist and jogger, vetoed the Safe Passing Bill (SB488) and justified his action by stating,
“Many road users placed into the category of vulnerable road users already have operation regulations and restrictions in statute. For example, a person operating a vehicle being drawn by an animal is subject to the same duties as a motor vehicle, and a pedestrian is required to yield the right of way to a motor vehicle, unless he or she is at an intersection or crosswalk.
While I am in favor of measures that make our roads safer for everyone, this bill contradicts much of the current statute and places the liability and responsibility on the operator of a motor vehicle when encountering one of these vulnerable road users.” – Governor Rick Perry
I wonder if that bill was presented to him today if he would just conclude “bicycles were not mentioned in the Constitution, so no is my answer.” Who knows?
I remember reading the comments of numerous cyclists who claimed they would never, ever vote for Rick Perry. I recall thinking at the time that there are more, if not better, reasons to not vote for Rick Perry.
Both Democrat and Republican legislators were as stunned by the veto as the cycling community. Numerous bike blogs and forums all over Texas lit up like Christmas trees. People were pissed.
Even “letters to the editor” of numerous major daily papers reflected an anger at Perry’s veto and his seemingly cavalier attitude toward his fellow cyclists. If you dug deeply enough you’d find the rare cyclist who agreed with Perry’s justification, but on the whole the Texas cycling community was shocked and angered by the veto.
Four months after Perry vetoed SB488 a driver of a Ford F-150 veered off of Highway 16 in Bexar
Gregory and Alexandra Bruehler photo mysanantonio.com
county and onto the shoulder where he struck Gregory and Alexandra Bruehler, who were riding a tandem, from behind, dragging their bicycle 200 feet after the initial impact. Alexadra died at the scene, Gregory was airlifted to a hospital where he died an hour later.
Most everyone in Texas has seen the photo of the Bruehler’s 7 year daughter at the funeral, flanked by hundreds of cyclists. I’m a father of an 8 year old little girl and that photo still haunts me.
Investigators did not suspect alcohol played a part and believed it was an “accident”, so no charges were filed against the driver. Bexar Country Deputy Chief Dale Bennett said, “…there’s nothing we can do about drivers not paying attention.” He added that until the laws are changed there’s not much they can do.
The Ford F-150 photo woai.com
SB488 would not have saved the Bruehlers, but someone would be held accountable for their deaths. Or at the very least they could be held accountable. Perry’s veto of SB488 simply greased the wheels of injustice.
And it’s not just about holding someone who’s hit a cyclist accountable, just as importantly it’s about passing a law that would require vehicles to give a safe, three foot distance (six feet for commercial vehicles) when passing a vulnerable user. As it stands now a vehicle can give you three inches of clearance as they pass right by you. That’s profoundly unsafe, yet legal.
During the public outcry surrounding the veto of SB488 I remember reading the comments of numerous cyclists who claimed they would never, ever vote for Rick Perry, I assumed some of them must have previously voted for him. I recall thinking at the time that there are more, if not better, reasons to not vote for Rick Perry. And ever since he announced his presidential ambitions the reasons to not vote for him multiply each time he takes the public stage. Those reasons are almost too numerous to mention.
Almost.
I’ll be noting some of those reasons that I see here in the coming weeks and months.
- Chris
Do you really think that a $2000 fine would qualify as being held accountable for the death of two people? That’s negligent homicide not a Class B misdemeanor.
I would almost agree with Perry (*shudder*) if he actually did his job ensuring that the “current statutes” where enforced in a fair way.
[...] Rick Perry – Greasing The Wheels Of Injustice by Christopher Curnutt[...]
Stuart, here is where I’m coming from – If you exceed the speed limit you’ve broken the law and will be fined. If you drive and the alcohol content in your blood exceeds a certain threshold you’ve broken the law and will be arrested. If you injure or kill a cyclist, who’s operating in a legally prescribed manner, there’s a good chance nothing will happen. Something seems wrong with that, and if other laws already exist that provide the same elements and remedy they don’t seem to be visibly enforced with any frequency.
I’m not suggesting a life is worth a $2,000 fine, or that a state penalty represents justice. I’m obviously not a legal expert, so to me it makes sense to have a law that forbids whacking cyclists and other vulnerable users. And having a defined distance for passing would seem to benefit everyone. For the record I’m not vengeance motivated or a car hater, for that matter I get that accidents happen and not all bad things are the result of bad motives. But there has to be some sort of legal deterrent which forbids passing to closely and also makes it illegal to drive a vehicle into a cyclist or other vulnerable user who’s operating within the law. And if it’s the law then it would become a part of the curriculum for a license to operate a vehicle that share the road with cyclists.
And groups like BikeDFW have courses on how to ride a bike and co-exist with vehicles on public streets. But what lacks is significant education for vehicular folks, people behind the wheel. No telling how many car and truck drivers don’t even know it’s legal for cyclists to ride on public streets. So they probably have no idea what a safe distance or manner to pass one is. And we seem to lack a legally defined passing distance.
Or we have laws that no one seems to be enforcing.
That was way too long winded…
The better question is, has Rick Perry every done anything worth voting for?
Teaching cyclists how not to get hit by a car has always struck me as victim-blaming. You’re the vulnerable one, here’s how not to make trouble. While I appreciate the effort towards safety, it’s addressing the symptoms (dead cyclists) rather than the disease (murdering motorists). Every time I read about one of these cases where a driver gets off for running down a cyclist, I lose a little of what’s left in my faith in humanity.
We actually DO have a defined passing distance. It is “reasonable,” which depends on circumstances. Hitting a cyclist would not be considered “reasonable” by anybody I know, nor would buzzing a cyclist. Non enforcement of laws already on the books does not make new laws that are not enforced any better. The real problem is that negligence and incompetence when using a deadly weapon (a motor vehicle) is not taken seriously.
There are already sufficient laws on the books to do that with or without the bill Perry vetoed. Now, if the bill Perry vetoed had simply added a rebuttable presumption of negligent homicide in cases such as the San Antonio one, and many other situations such as the guy that drove with the sun in his eyes and killed that cyclist a couple years back, THAT really MIGHT help.
Motorists routinely pass me with less than three feet of clearance. Invariably it is because I wave them forward to make a free right turn off to my right. My speed at the time. Zero. Theirs – about 1mph is typical. Usually, the motorist has one hand on the wheel and the other hand waves “thanks!”. I think such a pass is reasonable, though it fails the three foot test. On the other hand, if someone passed me at three feet on the Alliance Gateway freeway, I would be petrified. That fails the reasonable test.
I think Christopher agrees the real problem is not taking the problem seriously. Rather than a three foot law, he might simply agree that hitting any pedestrian or cyclist is a one year sentence. More if the victim is hurt. The motorist could certainly present evidence that the pedestrian or cyclist was operating in such a way that no alert and well operating motorist could have avoided the crash. Even I could not avoid a ninja salmon darting out in front of me from between two cars on a moonless night. Not even if I were on my bike.
First, let me dispense with the political rhetoric: As far as I am concerned, Rick Perry is an embarrassment to Texas A & M – and I am an Aggie! If he is successful in his run for the Presidency, all we will see is more of his “cronyism” in appointments.
Secondly, he has exhibited an inordinate amount of bad judgment, stupidity, or however you may phrase it, in his decisions, not the least of which as the safe passing bill.
I knew Greg and Alex Bruehler; In fact, Greg’s dad is one of my tennis playing buddies here in Fair Oaks Ranch. Gary will probably never get over that loss – all because of the stupidity and irresponsiblity of an an individual operating his motor vehicle.
Until we pass some effective laws (and rigorously enforce them), injured and dead cyclists will continue to be cast aside much like chattel in this disposable society we have degenerated into.
Let’s work toward the legislation we need, and then elect/hire the folks that we can count on for enforcement.
Steve you bring up a lot of good points yet I think I’m still a fan of something more defined than “reasonable” when it comes to a safe passing distance. I bet if we asked 100 drivers what a reasonable distrance to pass a cyclist is 90 of them would scratch their heads and admit they have never even thought about it.
But here is my main point, if I am driving a car in a lawful manner and you are riding a bike in a lawful manner and for whatever reason, the sun gets in my eyes, I am texting someone, I am day dreaming about living in a theocracy under Michele Bachmann, and I crash into you, I am no longer driving lawfully. Whether intentional or accidental, It should be against the law to run a cyclist over. And we should be required to pay attention 100% of the time when we’re driving, not just those times when we’re driving in the shade. I realize you are not advocating otherwise and we’re on the same page here.
And I believe you when you say there are already laws on the books that should cover these things, yet it appears no one is enforcing those laws and the folks in Baxter county are not even aware of these laws.
Finally, here is a link (pdf) to the Texas drivers handbook (hat tip to our friends at Bike DFW) . Chapter 13 covers cycling. I can’t find anything in the drivers manual that talks about what a reasonable distance for passing cyclists is. They state that bicycles have the same rights and all, but what that means to someone driving a car is not very clear.
We put a lot of emphasis on educating cyclists, which is a very good thing, but there seems to be very little effort towards educating drivers about sharing the road with cyclists.
And Tori, yeah finding a single reason to vote for Perry is a daunting task. I gave up.
And for what it’s worth the driver who killed the Bruehlers was charged with criminally negligent homicide a year after the fact . You can read more here, I’m still trying to determine what the final verdict was.
Christopher, thanks for the Bruehler update. I hadn’t seen it. Clearly, the prosecutors took the case seriously instead of either grandstanding or ignoring it as “just cyclists.” So far, as I read it, there is no verdict, but even an indictment is a step in the right direction. If careless and inattentive driving were always taken as a serious crime, we would have no reason to even worry about such things as a three foot law versus reasonable.
Now, go for a bike ride and tell us about your headlight!
Yeah I was pleased to see that the driver had finally been charged. And by now you have seen where Jerry Brown is now in the same company as Rick Perry. What an odd pairing.
I’ll be riding in the state fair ride tomorrow night, I need good light to take a photo of the headlight that I plan to write about soon :-)