California doctor receives 5 years in prison for.......depends on whose side you take.
Staff Article by Erin Mace.
July 2008, a California ER doctor was driving to work and apparently caused two cyclists to wreck their bikes, seriously injuring them. One biker had to have 90 stitches to put his face back together and the other one also had to undergo surgery for his injuries. Bicycle accident attorneys and cyclists all over the globe have been chiming in on this case since it began. I have read countless articles and blogs on this case and it seems to come down to two questions....did he have road rage and did he “slam on his brakes”? Intention. The good doctor says he did not – on both accounts – though his 911 call kinda says otherwise.
As usual, a couple of points bother me about this case. One: because of either the idiot doctor or the idiot cyclists – or a combination of the two - we are all now going to have even more laws crammed down our throats. Superior Court Judge Scott T. Millington described this as “a wake-up call” and suggested that the “Government must be made aware of the dangerous conditions existing in our city streets and the threat of injury to cyclists”. Government is aware – that is why we have the laws we do such as mayhem, assault with a deadly weapon, etc. By the way, these are the same charges Dr. Thompson was convicted of. If the doctor did in fact “slam on his breaks” to “teach them a lesson” (a quote he later denies saying) then he should have been convicted of assault with a deadly weapon etc. – as California law states. If he was simply aggravated because, once again, cyclist were not following the laws - ultimately putting drivers and their passengers lives at stake - and decided to stop to obtain names/photographs, by which causing a horrible accident – with no malice - does that merit 5 years in prison? I’m not going to bring in drug dealers and OJ at this point. The prosecutor in this case dramatically ended her examination of Thompson by stating, “you could have drove on, but you didn’t”. Even I can think of a thousand counterarguments as to why that really has nothing to do with the situation – other than for a dramatic feel good effect – but she does have a point on the “be a responsible grown up” argument.
Two: “share the road” does not only apply to drivers of motor vehicles. It is supposed to include all transportation devices. The fact that “pedestrians have the right away” does not give me greater freedom to walk whenever and wherever I please. I still have to be cautious and abide by the rules, a.k.a. laws. Unfortunately, some cyclists’ sense of entitlement, which enrages most vehiclists’ sense of driving, has tainted the injured parties claim. They admittedly were not obeying the laws. They ticked off a guy who, at least in the beginning, was obeying the laws, and a horrible accident was the outcome. Are the cyclists not just a bit responsible simply because they were injured?
I drove a motorcycle for years. It was a love/hate thing. I loved the bike but hated the motorist that thought since they were bigger, they could push me around. Most drivers just do not pay attention. In fact, they believe that it is mainly the responsibility of the two-wheelers to watch out for everyone else. Most drivers think that because it is on two wheels, as opposed to four, it can move out of the way faster. Not necessarily true – nor necessarily the point. Most drivers are more likely to exhibit road rage against bikers rather than vice versa. This is ironic, considering bikers are more likely to die when they get hit by drivers rather than vice versa. Ultimately, vehicles do not “share the road” either. Every day, driving to and from work, we see evidence of this. Again, the childish entitlement and arrogance that says you have more of a right to get home faster, be in that lane first and are more important than someone on two wheels yields devastating results.
As a two-wheelin member of society, you have rights. You have access to an experienced bike accident personal injury attorney when those rights are violated. You also have to obey the laws. Vehicles – mind your P’s and Q’s. When you bump a biker, it hurts them and ultimately you a lot more than having to patiently wait an extra minute or two, to pass.
