Cyclist killed, law breached, driver not charged

 

The recent killing of Alberto Paulon by a car door suggests a problem with law enforcement in relation to cyclists in Victoria.

'Dooring' has been explicitly made an offence because it is dangerous. It is one of the main causes of injuries to cyclists.  It is common when offences are committed which cause death that it is taken seriously by the authorities, e.g. speeding, red lights, etc, - more seriously than when no one is hurt.

In the case of Alberto Paulon no charges were laid apparently because the driver saw "the first bike coming, but didn't see the second bike". Given that almost 2 million people cycle daily in Australia and that more than one of them may be expected on a road at any given time, it is hard to understand the relevance of this. This needs to be explained to the public.

The message that the non-enforcement of the law in this 'incident' sends to car drivers is that killing cyclists with doors is nothing for drivers to be concerned about. No fines, no points lost, no day in court.

One of the purposes of the law is to send messages to the public about the consequences of engaging in acts which are prohibited. This a deterrence. Enforcement is crucial. A court may say that the circumstances demand lenient treatment of the person who killed another as a result of their breach of the law. However for this to happen the person must be charged, not let off.

See also
The car door is potentially a deadly weapon