Drivers playing “chicken” with a runner, walker, or bicyclist who actually WIN this deadly game are likely to head to prison for homicide by motor vehicle. Despite this potential outcome, it’s amazing the number of people who are more than eager to play the game anyway.
As a runner and bicyclist, I am shocked by the number of drivers who – laughing the whole time – intentionally veer into my path in an attempt to get me to dive into the nearest ditch. Interestingly enough, I have had drivers purposefully swerve onto a gravel berm or into a designated bicycle lane just to see my reaction! While I personally may be quick enough jump out of the way, many others may not be as agile. But, that’s despite the point. Furthermore, it’s not just the suspected new and young drivers who play the game; plenty of veteran vehicle operators seem to enjoy a rousing round of chicken with any unsuspecting pedestrian that may be in their path. My last rendezvous with a chicken-playing car was driven by a female senior citizen laughing with her passenger-side girlfriend as I vaulted head first into the bushes nearby.
Regardless of your age, think about this whole game concept: you’re driving a one-ton or heavier vehicle into the path of a 130-pound person (more or less, depending on the pedestrian). It seems like a silly question, but which one do you think would win that battle? That’s a no-brainer. Chicken is a stupid, dangerous, and reckless game. Plain and simple: it’s murder or, at the very least, attempted murder. Whenever I can, I always make an effort to capture the license plate number of the car with my camera phone or memory when I witness such behavior. Unlike some, I will take the time to pursue the issue in court. And, I encourage other pedestrians, runners, and cyclists to do the same and follow-through with at least a reckless endangerment charge against the driver.
According to federal law, killing someone intentionally with your vehicle (including via the game “chicken”) is considered manslaughter. Manslaughter is a Class C Felony, which the law reads: “holds people liable for any death which occurs because of criminal negligence, or a violation of traffic safety laws.”
To refresh (or enlighten) you about the law, here is the entire statute from Pennsylvania’s State Laws:
Homicide by vehicle - 75 Pa. Cons. Stat. § 3732
Offense. – Any person who recklessly or with gross negligence causes the death of another person while engaged in the violation of any law of this Commonwealth or municipal ordinance applying to the operation or use of a vehicle or to the regulation of traffic except section 3802 (relating to driving under influence of alcohol or controlled substance) is guilty of homicide by vehicle, a felony of the third degree, when the violation is the cause of death.
According to the maximum sentence in Pennsylvania, the violator could face up to five years in jail plus pay any losses in connection with the family of the deceased. In other states, jail sentences could be upwards of 40 years, as was the case with one person in Wisconsin. In essence, playing “chicken” could cost you more than you bargain for. In addition, anyone playing “chicken” where death does not occur could still be charged with reckless endangerment, a 2nd degree misdemeanor, which is subject to up to two years in prison plus payment of personal losses and psychological distress suffered by the victim.
I don’t care how “fun” or “cool” it may appear, “chicken” is deadly and stupid. There is never a reason to intentionally steer your car into the path of a runner or cyclist – or any other pedestrian. If you do, you may bear the consequences of reckless endangerment or face criminal charges of homicide by motor vehicle.
A motor vehicle is not a toy, it is not a video game … it is a mode of transportation and needs to be treated as such. There are certain responsibilities that come with obtaining that driver’s license. One of those responsibilities involves eliminating the risk to your life and the lives of others. Public health professionals have long been pushing for people to take driving seriously for their own protection – but more importantly, for the safety of those around you: mothers with babies, toddlers, children, senior citizens, or any other human being.
Keep the community safe. Drive with some common sense or don’t drive at all.
References
Pennsylvania Law and Research. (2011). Pennsylvania Criminal Law. Retrieved August 22, 2011 from http://www.pa-laws.com/pa-laws_website_008.htm.
Pennsylvania State Law. (2011). Retrieved August 22, 2011 from http://law.onecle.com/pennsylvania/vehicles/00.037.032.000.html.
Wikipedia. (2011). Manslaughter. Retrieved August 22, 2011 from http://en.wikipedia.org/wiki/Manslaughter.
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