Steve Vacarro

In the aftermath of a crash, we inevitably ask: How can a dangerous driver be kept off the road? It seems that the entire automobile transportation regime is aimed at keeping the driver behind the wheel. Absent impairment or flight from the scene of the crash, police quickly conclude that “no criminality is suspected.” The name of the responsible driver may be carefully guarded by police, even when the name of the victim or selective details are not. Government compels the insurance market to continue insuring the responsible driver, even if the market would consider the driver too risky to insure. The under-resourced legal system and insurance industry neglect and obstruct crash litigation, pressuring victims to simply accept whatever insurance is available without holding the driver personally responsible.

The U.S. auto industry presents a striking paradox. On the one hand, manufacturers design and engineer for passenger safety, incorporating features such as airbags designed to protect passengers even in the face of serious human error.  On the other, manufacturers almost entirely disregard the safety of pedestrians, cyclists, and other motorists who foreseeably will be struck by their vehicles.

SF editor's note: Today we're sharing an edition of Streetsblog New York City's new "Street Justice" column that examines how the law, the courts, and the police affect street safety. Street Justice is written by Steve Vaccaro and Adam White, two attorneys who’ve been valuable sources for Streetsblog NYC over the years, adding an expert legal perspective to stories about cyclists and pedestrians injured in traffic. While many editions of the column will deal specifically with issues related to New York, we plan to syndicate the ones that deal with issues applicable in any city.