James
Senior Member
So in light of recent events where a downtown Toronto taxi driver hit and killed a longboarder, I started to think about the ongoing and at times heated debate about rules of the road and rights of way. As someone who used to be a skateboarder in my teens and who has lived downtown walking and cycling everywhere, not to mention having a vehicle in the downtown core as well, I can appreciate all sides of the discussion. In my opinion, no matter how many bicycle lanes or special traffic signals or additional vehicle lanes or extra-wide sidewalks or custom markings on the ground are put in place, nothing is going to truly change until our attitude and tolerance of each other on the road as individuals change, regardless of what mode of transportation one is utilizing. Simply put, why can't we all just...get along?
Recent Toronto Sun story of the taxi driver hitting and killing the skateboarder: http://www.torontosun.com/2012/05/21/cabbies-gripe-about-tos-streets
Another story, from the Toronto Star, of a cyclist hitting and fracturing a pedestrian's skull: http://www.thestar.com/news/crime/a...st-fractures-pedestrian-s-skull-gets-400-fine
And lastly, from the National Post, an article indicating Toronto having one of the highest collision rates involving cars and bikes & pedestrians: http://news.nationalpost.com/2011/0...ate-of-car-collisions-with-bikes-pedestrians/
Recent Toronto Sun story of the taxi driver hitting and killing the skateboarder: http://www.torontosun.com/2012/05/21/cabbies-gripe-about-tos-streets
Cabbies gripe about T.O.'s streets
By Laura Pedersen,Toronto Sun
They’re mad as hell and they’re just not going to take it anymore.
Cabbies across the city are opening up about Toronto’s hectic streets after last week’s deadly collision between a taxi cab and a skateboarder.
Drivers say they’re sick of pedestrians, cyclists and boarders of all descriptions ignoring even the most basic road rules and putting lives in danger. They want a new code of respect to recognize the difficulties many cabbies have navigating Toronto’s streets in safety.
“Skateboarders should stay off the streets,†insisted Jerome Salim, a taxi driver in Toronto for seven years.
“It’s just not safe to zig-zag on your skateboard down streets filled with cars, buses, and even bicycles,†added Salim.
Toronto cab driver Adib Ibraham, 43, has been charged with second-degree murder after a skateboarder was hit by a taxi near the intersection of King St. E and Jarvis St. on May 14. Ralph Bissonette, 28, of Toronto died from injuries sustained in the incident.
While Salim neither knew Ibraham nor saw the incident, he insisted there’s a common reaction to “always blame the cab driver†when mishaps occur on the road.
Some reports of the incident cited allegations that Ibraham intentionally ran the skateboarder down. Other reports contained accusations that the skateboarder aggravated the cab driver by holding on to the back of his cab.
Nothing has been proven in court.
Police confirmed that road rage may have been a contributing factor in the collision. They have gathered statements from witnesses and local security footage during the course of their investigation.
Thomas Tuah, a Toronto-based cab driver for 37 years, said he has watched the roads rapidly get “worse and worse.†An ever-expanding city means more cars, pedestrians, cyclists, and operators of various modes of transportation are quickly filling the streets.
“We go through hell,†said Tuah. “The police don’t back us, no one does.â€
“Everyone is against us,†added fellow taxi driver Abdul Ali. “We are serving the people of Toronto, and I think someone needs to do something about our treatment.â€
Ali was quick to mention “every cab driver can tell you horror stories.â€
He charged that often even the police are not quick to side with cab drivers. In the past Ali has been on the receiving end of assault from passengers and customers who run away before paying their fare.
When the cab driver called the police for help, they often “never arrived,†he complained.
“We just don’t have a choice. We do this because we have families and children and bills to pay,†said Ali.
Another story, from the Toronto Star, of a cyclist hitting and fracturing a pedestrian's skull: http://www.thestar.com/news/crime/a...st-fractures-pedestrian-s-skull-gets-400-fine
Cyclist fractures pedestrian’s skull, gets $400 fine
A cyclist who was going the wrong way on a one-way street when he struck a 56-year-old woman and fractured her skull will be fined $400, whether the woman lives or dies.
In a case that raises questions about the strength of the province's traffic laws, the 49-year-old man — whose name was not released — was charged with careless driving under the Highway Traffic Act. He faces no criminal charges or jail time.
The incident occurred Tuesday, before 11 a.m., in Chinatown at the intersection of Dundas and Huron Sts., just east of Spadina Ave. The woman, who was crossing Huron on the south side, fell back after she was struck by the cyclist, hitting her head on the road. She suffered severe head trauma and was rushed to hospital, where she remains.
Police say they lay charges based on the offence, not the outcome, and there was no criminal intent on the part of the cyclist.
“If [the woman] dies that’s going to be handled in civil courts,†said Toronto police Const. Hugh Smith.
But critics charge the province’s careless driving law should distinguish careless acts that cause serious injury or death from those that don’t.
“People that are driving carelessly need to realize that when they kill another human being that person is gone forever,†said Daryl Bowles, whose father was killed in a careless driving accident in 2008. “And it’s not fair the person that’s responsible gets a slap on the wrist.â€
Careless driving carries a fine ranging from $400 to $2,000, licence restrictions and potentially up to six months of jail time. It is the highest charge under the Highway Traffic Act.
Motorists and cyclists are treated equally under the act, though a cyclist does not suffer any penalties against their licence, such as demerit points or a suspension.
Motorists who injure or kill someone can be charged under the Criminal Code if they are deemed to have been driving dangerously. The difference between dangerous driving, a criminal offence, and careless driving, a traffic offence, lies in intent.
To be charged with dangerous driving, police must prove a driver planned and intended to do something dangerous, such as race or dart in and out of traffic. Careless driving, defined as driving “without due care and attention,†refers to a lapse of judgment.
A cyclist could not be charged with dangerous driving because the offence only covers motorized vehicles. But if there was evidence of intent, Smith said a cyclist could still be charged with assault or another appropriate criminal offence.
Police say the cyclist in Tuesday’s incident travelled southbound on Huron through the intersection with Dundas — where Huron becomes a one-way street in the opposite direction — and struck the woman, who was crossing the road on the south side with two other people.
A motorist committing the same act may have been charged criminally with dangerous driving causing bodily harm, Smith said, because it would be a more obviously dangerous situation. But recent cases of careless driving deaths suggest drivers are, in general, treated similarly.
An 18-year-old Mississauga man, who killed Eduardo and Fernandina Pascoal with his car last year, pleaded guilty to careless driving earlier this month and was ordered to pay a $1,000 fine.
In May, a 39-year-old truck driver in Brampton pleaded guilty to failing to yield and was fined $500 for the death of Tina Kuipers, 65, who was killed as she tried to cross Queen St. in Brampton last year.
“There are a lot of variations of careless driving, and if you actually kill someone there should be a much steeper penalty,†said Bowles, who created an online petition pushing for tougher penalties at familiesfightingcarelessdriving.com.
Bowles’ petition — which has more than 2,000 signatures — calls for a new law specifically for careless driving causing death, which would include automatic jail sentences and a spectrum of stiffer penalties.
Although the cyclist in this case was given the minimum fine, the injured woman or her family may pursue a civil litigation, Smith said.
“He may escape the provincial court for this offence; it doesn’t mean there’s not going to be thousands of thousands of dollars later.â€
Tickets given to cyclists
2008 – 3629
2009 – 4010
2010 – 6773
2011 – 2464 (as of May 31)
Source: Toronto police (tickets include equipment infractions)
And lastly, from the National Post, an article indicating Toronto having one of the highest collision rates involving cars and bikes & pedestrians: http://news.nationalpost.com/2011/0...ate-of-car-collisions-with-bikes-pedestrians/
Toronto has one of Canada’s highest rate of car collisions with bikes, pedestrians
Natalie Alcoba May 25, 2011 – 7:35 PM ET | Last Updated: May 26, 2011 10:34 AM ET
As Toronto gears up for a debate over physically separated bike lanes, new sobering statistics show the city has among the highest rate of cyclist collisions in the country.
The rate of pedestrians colliding with vehicles also tops a chart of major Canadian cities, according to recently released statistics by the city. Data for all cities was not available.
“We don’t know why Toronto is different from these other jurisdictions,†said Mike Brady, manager of traffic safety at the municipality. “My guess is our mode of travel mixture is very different. We may actually have more pedestrians moving around in a day-to-day environment.â€
The city does what it can to improve the conditions for road users, said Mr. Brady, with better marked crosswalks and pedestrian countdown signals at intersections.
“Cycling infrastructure has come an awful long way,†he said, although many would say not far enough. With that in mind, the city’s public works and infrastructure committee, chaired by Councillor Denzil Minnan-Wong, is expecting a report next month that proposes “the development and implementation of a continuous separated bike-lane network in the downtown during the current term of council.â€
But it’s not just about city infrastructure, and Mr. Brady hopes the latest statistics make road users more aware of their surroundings. They show, for example, that the most common kind of collision between four and two wheels involves one side swiping the other; the second most common is a cyclist striking a car’s open door.
Knowing this may help remind people to stick to the lane they are in, or check a rearview mirror before opening a car door.
Mr. Brady also points to 50 years of statistics to show that things are getting better. Before the 1990s, there were two outcomes of a pedestrian collision: injury or death. Now there’s a small, but important, third category: those who don’t get injured at all.