$40 fine for motorist that hit me

Completely normal. Drivers can do anything as long as they’re not drunk.

Do you have damages? Have you talked with an attorney? You may wish to talk with an attorney. Yeah, it looks like Bruce Deming is licensed in Maryland. http://brucedeming.com/

Please consider becoming a member of Washington Area Bicycle Association. They advocate on our behalf! Also, please send letters to your state legislators asking for more enforcement and telling them you are cyclist and want better infrastructure. Also, please report your crash on WABA’s crash tracker. Without data it is hard to advocate.

@elizagmiller 141008 wrote:

Thanks for the recommendation, I’ll definitely keep his information in case handy if I need it in the future. I received compensation from the motorist’s insurance shortly after crash, so I didn’t press civil charges. I’ve been reading a lot about contributory negligence, which fortunately wasn’t an issue for me (I guess this was one of those cases where no one could deem me to be even 1% at fault).

I’m more concerned about the criminal consequences at this point, which is why I’m wondering about activism. People here drive so terribly and now I know why–virtually no consequences.

Okay…. so if you are not pursuing this then what I am about to say is not legal advice – it is in the context of general context of why traffic courts behave the way they do and do we need to change that.

Once a court – ANY COURT – has made a finding – that finding cannot be challenged. And the judge may have known this. It did not matter the amount of the fine – it only matters that the judge in fact fines the defendant.

So now you have a finding of guilt. The doctrine of res judicata applies. The finding cannot be challenged.

Now plaintiff goes to civil court with a finding – and says – you own me a new bike and medical bills and missed wages – whatever. The finding of guilt cannot be challenged. And the defendant is liable (the amount of liability can be challenged).

The reason why traffic courts so frequently hand out symbolic punishments is that they know that it is symbolic for where the real action is – civil liability. Criminal liability does not help the victim; civil liability does.

You said you are not pursuing this. If anything I said changes your mind – understand that I am GENERALLY explaining why traffic courts work the way they do. If you are thinking differently about yourself, I encourage you to consult an attorney.

Bike Maryland is one of the groups working on legislative solutions in MD.

https://www.bikemaryland.org/programs/legislative-program-and-advocacy/

The mindset seems to be that as long as injuries are minor, they will get a ticket for whatever the officer feels like citing them for and you’ll get compensated by their insurance for whatever injury you sustained and bike repairs. And thats if you’re lucky. I know when I was hit a few years back, the driver got a minor citation and I got a check cut by their insurance for my brief hospital visit and damage to bike and helmet. TBH, based on some stories I’ve heard, I considered myself reasonably lucky to have even gotten that. I know people who have been hit by motorists running a light and then been cited for running the light themselves (because the motorist lied to the officer and the officer believed them).

I do know I always commute with my GoPro going on my helmet. If I get hit again I definitely want to make sure there is evidence of what happened.