OFF THE WIRE
http://www.norwichbulletin.com/columnist/x512671510/Negligence-must-carry-more-severe-punishment Negligence must carry more severe punishment
By By ROBERTA M. HELMING Norwich Bulletin Posted Jan 21, 2011 @ 12:00 AM
The Norwich Bulletin recently reported on an accident last summer in Griswold involving a car and a motorcycle in which the motorcycle rider suffered fatal injuries and the driver of the car was charged with negligent homicide with a motor vehicle.
Because my husband and I are motorcycle riders, the story caught my attention. What disturbed me most, however, was that the driver allegedly responsible for causing the accident was released on $500 bond. If convicted on the charge, he faces up to six months in jail.
According to the police report, the car was traveling faster than the posted speed limit when it rear-ended another vehicle. That vehicle struck the motorcycle, throwing the rider into the air and causing the injuries that led to his death.
The courts will determine guilt or innocence in the matter and the presumption of innocence needs to be applied pending that resolution.
But it does raise a question about the law, and specifically as it relates to the charge of negligent homicide. It is unfathomable to me that anyone convicted of such a charge that cause the death of someone would only be subject to a six-month prison term. Isn’t a life worth more, and especially if the loss was because of negligence?
The General Assembly needs to revisit this provision of state law with an eye toward increasing the penalty for such serious consequences resulting from someone’s negligent behavior: zero tolerance if recklessness is proven.
Helmets help
The story did not indicate if the motorcycle rider was wearing a helmet. State law does not require motorcyclists to wear helmets, but as a matter of safety, my husband and I never ride without them. We believe helmets significantly reduce the chances of serious injury and death. However, a 2008 national study reported only a 41 percent improvement in survival rate, thus some might argue that not wearing a helmet is no more likely to increase serious injury or death than those wearing helmets.
In my opinion, you cannot overlook the improved chances of wearing helmets.
There are 93,860 registered motorcycles in Connecticut. There are new laws regarding motorcycle licenses, more training is mandated before a license is issued. That’s a safety issue, and no one will argue against improving the safety of those using our roadways, either using a motorcycle, car or other kind of vehicle.
Shouldn’t the penalty for negligent homicide also be increased?
