In Virginia, the death rate for occupants in motor vehicle crashes of all ages is 6.8 deaths per 100,000 population according to Parrish Law Firm. Pedestrian and bicycle accidents are on the rise. Lawmakers have made it easier to go after distracted driving, but the laws are not being used.
Virginia lawmakers passed a law to protect pedestrians and bikers on the road in 2020. The law makes it easier to prosecute distracted drivers who injure or kill people on the road. And distracted driving doesn't mean just being on your phone. Anything that takes your eyes away from the road is considered distracted driving.
Since the law took effect in July 2020, pedestrian fatalities went up nearly 10% in Virginia, but only one person has been convicted under the new law.
"When a pedestrian or cyclist comes into contact with a 2 to 10-ton metal box at some rate of speed, they often end up being concussed or dead, and they can't remember what happened, and they can't testify to what happened, and the driver often says I didn't see them," says Virginia Sen. Scott Surovell.
The Vulnerable Road User Law was passed to lower the burden of proof and make it easier to charge distracted driving. If a pedestrian or cyclist is seriously injured while driving carelessly, you can face up to 12 months in jail and a $2,500 fine.
However, according to the Virginia Criminal Sentencing Commission, there have been only 14 charges under the law and just one conviction. There have been five charges in Fairfax County, one in Prince William County.
Surovell says part of the problem is police, prosecutors and judges who aren't up to speed on the new law and need training.
The Virginia Association for Chiefs of Police agreed the law didn't get as much attention as it should have when it went into effect during the pandemic. Now, they plan on including it going forward.
"We will include this now going forward to make sure out officers know it is an available statute," says Executive Director of Virginia Association of Chiefs of Police Dana Schrad. "It's also something that our academy directors should be aware of when they do basic training for our new officers coming on so that they understand this is a new statute they can charge under."
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Source: Fox5DC.com
