By Bob Mionske
Nathan Krasnopoler was on his way home from the Farmer’s Market. At least that’s what his family is thinking, because the fresh produce he was carrying was scattered along the roadway when Jeannette Walke, 83, right-hooked him on February 26. Krasnopoler, a 20 year old engineering student at Johns Hopkins University, was pinned under Walke’s car and severely injured. He went into cardiac arrest on the way to the hospital, and has remained in a coma since the day of the collision. On April 9, Krasnopoler’s family announced that doctors do not expect him to recover.
Walke was charged with negligent driving and failure to yield. This was a mixed victory for cycling advocates. For six weeks, it appeared that she might not be charged at all, despite clear evidence of several violations of the law.
It wouldn’t have been the first time that a driver escaped charges in Maryland. In 2009, Jack Yates was killed under the rear wheels of the truck that right-hooked him. No charges were filed. In 2010, Natasha Pettigrew was run down by a driver who continued driving home, and later reported that she thought she had hit a dog, or a deer. No charges filed.
So when charges were filed against the driver who hit Nathan Krasnopoler, it was a small victory for justice—but what a small victory.
Failure to yield? That’s the best we can come up with to describe what happened? Failure to yield is what happens when a driver nearly causes a collision. It’s what happens in a minor fender bender. It does not describe what happened to Nathan Krasnopoler, and neither does that negligent driving charge.
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One reason for this inability to distinguish between serious and minor violations is that the law reflects an unconscious assumption among legislators that the roads are for cars, and thus, that minor violations will only result in fender benders. To kill somebody in another car, it usually takes more extreme behavior, and that extreme behavior is punished under existing law.
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https://bicycling.com/blogs/roadrights/2011/04/22/road-rights%E2%80%94maryland/oldId.20110422124220384
Biking in Baltimore