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Door Prize Lady Charged "To The Full Extent of the Law"

by Lloyd Alter, Toronto on 07. 4.08
Cars & Transportation (bikes)

ghost-bike-toronto-victim photo
Ghost Bike for Un-named victim, Toronto

We were appalled when, after yet another door prize death, a policeman discussed charging the woman who did it and said “If she didn’t look, would that be negligence? It’s very hard to label that as negligent." In our survey, 75% of the respondents agreed that " The driver broke the law and killed someone and should be charged to the full extent of the law."

Well it turns out, she has been charged, with "Open Vehicle Door Improperly", which carries a maximum punishment, if convicted, of demerit points and an approximate $110 fine.

Is this enough? "The consequences should reflect the severity of the crime," said Yvonne Bambrick, the assistant co-ordinator of the Toronto Cyclists Union. "We do not believe that this charge is adequate in this matter" ::The Star Press release from Police below the fold.

hubert-bike-040708.jpg
Ghost Bike for Hubert van Tol, Toronto

Toronto Police Service
News Release
Traffic fatality #20/2008, Update, Charge laid
Friday, June 27, 2008 - 3:11 PM
Traffic Services
416-808-1900
On Thursday, May 22, 2008, at 1:12 p.m., police responded to a personal injury collision at Eglinton Avenue West/Avenue Road.

It is alleged that:

- a 57-year-old man was cycling east on Eglinton Avenue West, passing a line of parked cars on the south side of the street,

- an occupant of one of the cars, a woman, 43, opened the driver's door,

- the cyclist struck the door, lost control of his bicycle, fell onto the roadway and was struck by a truck.

The cyclist was taken to hospital where he succumbed to his injuries. This is the first cycling fatality of 2008.

Traffic Services, in consultation with the City of Toronto’s Prosecutors' Office, have laid a charge of “Open Vehicle Door Improperly” under the Highway Traffic Act.

An information laying out the charge has been filed with Old City Hall Courts.

Constable Wendy Drummond, Public Information, for Sergeant Tim Burrows, Traffic Services

::National Post via ::Biking Toronto

TreeHugger on Bike Safety

Bike Safety Tips From MP Olivia Chow
Freakonomics on Bike Safety
Karl Lagerfeld Isn't Afraid To Look Dorky
Scary Fifties Bloody and Gory Filmstrip on Bike Safety
What Some Drivers Think About Cyclists in Tucson

TreeHugger on the Door Prize:
Collecting the Door Prize : TreeHugger
Survey: Should Drivers Who Give Out The Door Prize Be Charged ...
The Door Prize

TreeHugger on Ghost Bikes

Ghost Bikes: A Memorial to Cyclists
Taking Back the Streets: Cyclist Memorials
Bike Advocate Keeps the Memory of Her Husband Alive

Comments (30)

I think that the only way that "justice will be served" is if the family brings a civil suit against her and even then will it still truly be equal to "the severity of the crime".

On the flip side it just goes to show you that something that people do everyday without thinking can have dramatic life long effects, and this is one of those things that does need a campaign of awareness. And maybe if the family does sue her they could use the money to fund a campaign to get the word out.

There is so much of life that we just mindlessly move through without thinking that could have resulted in similarly devastating ways and yet we just get lucky and it doesn't.

Some days when I ride I know I have made bad choices and just "lucked out"

So how much should one person pay for not being so lucky that day, I think that is for the family of the victim to decide.

jump to top Ed Gartin says:

In this case the consequence/punishment for this woman is that she has to live with the fact that her actions caused the death of a man. I think that's more powerful than any jail time or a fine.

If they do fine drivers for this kind of thing, the money should go directly into a public service announcement fund. A few commercials and signs on the sides of public transport, etc. would go a long way in raising people's awareness (both cyclists and drivers of this safety issue)

jump to top kidincandy says:

Wow. Did I understood well? $110 for doing something that led to someone's death?

Yes, it was unintentional, but the driver should have looked before opening the door. If she had stepped out of the car and the truck struck her, then the trucker would be facing serious charges. Why should be different for a cyiclist?

jump to top Alexander López says:

This in a country that has (as few others in the world enforce to our extent) a Three Strike Law that can put a guy in jail for throwing a rock into a shop window (even if that's the third strike) - for 12 years!!

As much as I love this country, but to me it stands significant for the lack of respect and the value of human life in the U.S, period.

B.t.w., the appropriate title for the offense at hand here (in my opinion) is "Involuntary Manslaughter" as the woman obviously had no intention of killing the cyclist.

jump to top RideTheFuture says:

"In this case the consequence/punishment for this woman is that she has to live with the fact that her actions caused the death of a man."

i can't agree. someone who couldn't bother to look before opening her door might think very little about what she did. i mean, you're supposed to look for cars anyway. it sounds like she's not much of a thinker to me at all.

jump to top Ron says:

While I agree that more people driving should pay attention to cyclist on the road, I just get irritated when I see news like this for 1 reason... everyone blames the driver... while i agree they are partially responsible, however... NOT ALL... but many cyclist are partially responsible as well.

I was nearly caught giving a door prize. I had parked my car, i looked behind me and did not see anything, i checked my mirror and did not see anything, I go and start opening my door slowly when i catch a glimps of something in my mirror, i immediately close my door... the guy was going very fast. Now If I was driving my car that fast next to parked cars and hit a door... would i not be charged with careless driving? anyhow the guy hit his brakes and comes to a stop 2 cars ahead of me and then comes back to start yelling at me... how I am not watching where I am going. I yelled back that he was going too fast and should be more careful around parked cars as people with common sense would do... the guy took 3 full car lenghts to stop. he came closer armed with fists, I got in my car and locked the doors and proceeded in dialing 911 which he ran off on his bike.

Much like cars and motorcycles, cyclists should obey certain rules and laws which are not enforced.

jump to top Anonymous says:

I've ridden in lots of big cities in the U.S. and I can't imagine less cycling-friendly city than my native Oklahoma City. The simple fact is that cyclists MUST remember that we are invisible. In lots of places cycling is an aberration, so drivers don't know how to react when (or if they ever) see a cyclist.

We should all be held responsible for our actions, regardless of our intent. As I tell my kids when they've erred: "I'm glad you are 'sorry'; but an apology (or regret) doesn't get you out of the consequences of your action."

The driver screwed up. It just as easily could have been my wife or me or anyone else. But civility demands that we accept the consequences of our actions, however severe, regardless of whether we "meant" to do it, and regardless how "sorry" or "shaken" we are.

jump to top imHighlander says:

You could always get her in the civil courts.

jump to top Adam Knapp says:

And just yesterday (July 3), a woman was knocked off her bike by a door flying open on busy St-Denis street in Montreal, fell under a car, and was dragged several metres. The last news reported has her in hospital in critical condition. When will we get universal safe bike lanes on all major arteries, rather than the lanes that are routed along small and out of the way streets as far as the municipal authorities can take that track?

jump to top Christopher Miller says:

Why wouldn't this fall under vehicular manslaughter like any other careless driving fatality? I'm not sure of the differences between the different charges, but "Open Door Improperly"?

jump to top Robert Rowe says:

Cyclists simply shouldn't be on roads, they have no protection from the tonnes of metal all around them! Roads are very dangerous places, you wouldn't sprint along the road wearing a helmet, so why cycle on them? The few times I've nearly been run over as a pedestrian, have always been by a cyclist. They can be going so fast, do not respect the traffic lights and cycle the wrong way down one way streets! That may not be the case in the US, but that's how it is here in London. When you see them weaving through the cars it's a wonder more haven't died. An English friend of mine died in a road traffic accident in the states earlier this year, the driver behind had rammed into the back of their vehicle and they lost control of the car. As the front passenger, he died from being partially ejected out the window. The lady driving behind WASN'T CHARGED. It's not always easy to see cyclists, I would never cycle on the streets of London and I wouldn't let any of my family. I sold my car a year ago and now rely on public transport and walking, I'm not damaging the environment and I'm not putting my life at risk by being on busy roads with just my skin to protect me.

jump to top Alex Gordon says:

When the law doesn't provide justice, people will take the law into their own hands. This is part of the philosophical basis for the aspect of law that punishes illegal behavior beyond what is necessary to stop the behavior in a particular person. It may be time to start reminding the law that cyclists are people too and when pushed far enough, we will act as other people too. Being too civilized just gets us killed and the murderers will continue to go free.

jump to top Scott Newsom says:

Erhm. It's called Involuntary Manslaughter.. (although it has various names in various places). If your actions or inactions lead to someone's death, "the full extent of the law" is quite a bit more severe than a pathetic little fine.

jump to top Bram says:

You know it's well and good to get angry about this, but there are a number of practical reasons why it's not going to get fixed soon. First, people on the driver's side of the car often can't get out on the other side. It's not just a convenient way out, it's often the only way out.

Second, bike riders aren't big and wide. They often blend right into the background.

Bike riders can get as angry as they want. Legislatures can pass all the laws they want. Until we re-engineer the world for bicycles, the laws of physics will trump them all.

jump to top Fred says:

I think it should be manslaughter or something along those lines. To me it's equal to saying, "Oh I didn't see that little kid in front of my car" when someone hits a child.
A $110 fine? Seriously?

If I was on a busy street, I'd certainly check to see if it was safe to open my door, whether it was to check for another car,a person, or a cyclist.

I hope the family brings a civil suit against the woman. She deserves punishment.

jump to top Courtney says:

This makes me so sad to read about, and the fact that it happens often enough to have a nickname (Door Prize) for it is just terrible. People look out for other cars when they check to change lanes or to open their door, but not for motorcycles or bicycles.
Honestly, I think the least that she should be charged with is involuntary manslaughter. She was OBVIOUSLY negligent. She neglected to check before opening her door. What if she had neglected to check her rearview mirror before backing up and had run over a child? There would be a much bigger fuss being made about it then.

jump to top Mox Rogers says:

The trucker wouldn't be facing serious charges if she had stepped out in front of him don't exaggerate to make your point seem more valid. The fault would have been put on the woman for jumping out in front of a truck!

The statement that "the punishment should fit the crime" is a little off because her crime wasn't really the result of the crime. Her crime is opening the door, that's the crime. What she should have been punished for though is man slaughter because the result other crime was someone's death. Now I don't know what the publicity on this problem is, if its not that strong then people really shouldn't be expected to know about it and she shouldn't face any jail time but either way the result of this incident should be publicity of the problem not harsh punishment of this person who probably didn't even know about the problem

jump to top Mike D [TypeKey Profile Page] says:

Negligence. Who doesn't look out the door?

I hope she has guilt. I hope she fully understands what the cost of her rushing was.

Not being familiar with Canadian laws, that's all I'll say. I hope she realizes what it is that she did. And I hope she takes it upon herself to try and make it better.

jump to top Emily says:

I know laws differ in Canada, but if this had happened in America, and the victims family had a spectacular lawyer, and the judge was sympathetic (lots of ifs, I know) then they might have been able to charge the driver with murder. Here if a crime is commited and some one dies in the comission of that crime, that death could be ruled a fellony murder. If she was in fact charged with impropper vehicle door opening, and was found guilty of it, one could argue that that was a crime. I don't know if any one could make that stick though. Maybe if someone DID, we'd see fewer car-door related bicycle deaths and injuries. Also maybe I need to lay off the Law & Order.

jump to top jena says:

Sure, just shoot the bitch and then stomp on her bloody dead corpse for revenge. That'll teach her never to do anything wrong for the rest of her life and just for good measure, shoot her family too!

Our how about forcing all drivers to enter and exit their cars through the window. Now that would make a great Benny Hill sketch, don't you think?


jump to top Joe kaffir says:

I'm a cyclist myself, and I don't own a car, but I think us cyclists need to be more aware of this too. For one, I never ride within door swinging distance of cars. I have read too much about Door Prizes and seen Ghost Bikes to know better. I live in a small city, and I am appalled by the vast majority of cyclists here because they ride in the crosswalks through red lights in busy intersections, and ride on the sidewalks more than on the roads.

If cyclists learned to ride in the road in a safe manner, incidents like these would happen much less. For some reason many people believe that riding on the shoulders in dense traffic is safer, when it almost never is. Out in the rural areas it's fine, but if cars are parked on the sides I ride in the left of middle in a lane where I know people will see me better than if I'm hugging the side and the parked cars.

Someone told me (about cycling), "It's better to be perceived as obnoxious than not perceived at all."

jump to top Andy says:

Someone died. That is a horrible and emotional event, and if you have something in common with that individual it just makes the events hit that much harder.

I think is horrible that someone died but I don't think that her actions should lead to her imprisonment. Another life shouldn't be ruined by something that is a symptom of a greater problem. Someone dying should be enough of a public message that things need to change, certainly when the cause is not an isolated incident. We do not need a message that your life to could be ruined by failing to see a rapidly moving bicycle in a 2x3 inch mirror that covers only a limited amount of area. In the end this just address a single part of the problem.

Bicycling on roads that do not accommodate for their use, comes with alot of risks. Sharing those roads with cars that weigh in the tons means that something as simple as someone opening a car door could mean a life threatening accident. Only by altering the existing infrastructure to go above and beyond being just bike friendly can these problems be eliminated.

jump to top Anonymous says:

This just goes to show that car manufacturers need to install vertically opening doors, or sliding doors!

jump to top AtariJedi says:

This woman should be charged with a lot more. There are plenty of people in cars on the roads that make simple mistakes such as not seeing pedestrians when turning corners and the like that are charged with involuntary manslaughter etc. Why should she be any different..
Either way, charges or no, this is something the driver of the car will suffer personally for the rest of her life and the personal guilt she'll carry will likely outweigh any prison sentence.

jump to top Cameron says:

"Who doesn't look out the door?" Most people, I'd imagine. I rarely drive in cars but when I do, I often catch myself not looking. It's a bad habit and I know better. But I'm no exception -- this is very common behavior.

That, of course, doesn't make it right. However, I see very few measured responses. We're all riled up and ready to "get her", as one person said. Shouldn't we be more thoughtful and sophisticated in addressing this issue? It's a little too endemic to write one driver off as an evil and burn her at the stake. We bare some responsibility as a collective.

We have failed to:

- Provide sufficient awareness of the problem
- Create transportation structures that make bicycling safer

Are we not negligent (or worse!), too?

jump to top Sean says:

Living in Baltimore, I can tell you that the majority of cyclists I have observed in the streets have no regard whatsoever for traffic law, weave in and out of lanes and cars, and zoom up along parked (and moving cars) at unsafe speeds. Clearly, we need bike lanes, we need car drivers to be more aware, and we need cyclists to take a bit more responsibility for their own negligence and recklessness.

jump to top Sean says:

I think Andy said it best above when describing responsibilities that belong to cyclists. I never cycle close to cars, much in the same way you wouldn't ride through a crowd of people -- you never know what will happen.

As a driver, I believe it is my right to have the zone around my vehicle where its safe for me to exit my car (I have been both car door-ed and have been hit by a cyclist as I got out of my car).

There is no way in my thinking for anyone to logically argue that a cyclist (or any other moving vehicle) to be passing within a door width of a car.

jump to top quinn says:

Y'know, my parents always taught me to look before opening my door, if nothing else then to make sure cars weren't coming...

but then again my parents always taught me to lock the door before I leave the house, and plenty of people don't do that either.

there are way too many people without common sense out there.

jump to top Jes Spencer says:

This is a tough one. Cyclist should have their own seperate lane. Drivers need to be careful double checking openeing the doors. Drivers should be punished-life long community service, for opening a door without watching and killing someone. Cyclist need to slow down and be more watchful when near cars too.

jump to top Gloria says:

"We do not need a message that your life to could be ruined by failing to see a rapidly moving bicycle in a 2x3 inch mirror that covers only a limited amount of area."

How about by not checking your blind spot? In any driver education class, they teach that rear view mirrors should never be the only reference to find out what's behind you. Does that just go out the window once you're parked? Isn't a human life worth turning your head and looking over you shoulder? If that's too much work, how about cracking the door open a couple inches while your unfastening your safety belt? It's no substitution for looking behind you, but at least it's a warning to the people you can't be bothered to actually watch for.

After a quick glance in the mirror, some people have no hesitation to just THROW their doors open. The bigger the door and the further into the road it would fly, the more mass they have to overcome and the more likely they are to throw it open and the faster they will throw it. It's as if insurance would cover any chance damage to their door and that was their only concern. It's cars that will take off your door and they're easy to see, so why make any extra effort for cyclists? The fines for killing a cyclist are less than most insurance deductibles, and if you kill a cyclist with your car door, you won't even have to be inconvenienced by having to take your car in for repairs.

jump to top Joe says:

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