$500 fine after crash kills cyclist
Devastated family renews call for stricter penalties for drivers
The crash that killed Gary Sim cut his life short and robbed his family of a loved one. By law, the most it will cost the driver who hit him is a few hundred dollars.
Sim, 70, died on July 2, two days after he was struck by a van while riding his bike near Alliance Ave. and Jane St. in the Rockcliffe-Smythe area. Police announced last week that the 62-year-old man behind the wheel of the van that killed Sim has been charged with “turn not in safety,” a non-criminal Highway Traffic Act offence that comes with a maximum fine of $500.
The disparity between the severity of the crash and the relatively minor fine has Sim’s family and safety advocates renewing calls for stricter penalties for drivers who kill or injure other road users.
“This guy can basically go on with his life as normal as if nothing really happened, but we’ve lost our father, and grandfather and husband,” said Heather Sim, Gary’s daughter.
She said the close-knit family has been “devastated” by the loss.
According to police, Sim was riding west on the sidewalk on Alliance Ave. at about1 p.m. on Friday, June 30, when the driver, who was turning into a plaza parking lot, hit him with his van. (The family doubts he was on the sidewalk however, and says that Sim, a well-known cycling advocate, was an experienced rider who usually stayed on the road.)
Police have declined to name the driver because he’s not facing criminal charges.
Heather said there is substantial evidence about how the collision unfolded, including at least one witness and video surveillance from the plaza. Police said her father was between two and four metres into the plaza driveway when he was struck, she said.
But despite being able to recreate the crash, police explained to the family that the driver’s actions didn’t rise to the level of criminal offence. Heather says that shows there’s a double standard when cars are involved in someone’s death.
“If I was walking down the street swinging a lead pipe and hit someone, I’d be (facing an) assault charge . . . You just not paying attention and hitting people (with your car) doesn’t mean it’s anything more than a Highway Traffic Act charge,” she said.
Safety advocates, such as attorney Patrick Brown, have been arguing for years that the province should enact a “vulnerable road user law” that would automatically increase penalties for drivers who kill or injure cyclists or pedestrians.
“That should be community service, it should be taking a driver course. You should have your licence suspended until that’s done. That should be in place and it should have been done by now,” said Brown, who argued that stricter penalties would deter drivers from putting others at risk.
Sgt. Brett Moore of Toronto police traffic services said the unit would support a vulnerable road user law.
“We understand that the public and definitely families struggle with what appears to be a very minor penalty,” Moore said.
“I’ve had to personally deal with families of victims of traffic (collisions) that are confused and don’t understand. It is a challenge and sometimes the best explanation still doesn’t do it justice . . . But these are the rules that are in place today.”
The idea is on the radar of Ontario Transportation Minister Steven Del Duca. In June 2016, he told Metro he was open to the idea of imposing harsher penalties. More than a year later, a spokesperson for the minister said he is still “exploring all available options.”
“It is critical that we ensure that any changes made will have a real impact on the safety for our vulnerable road users and that any action taken, including penalties, will act as a true deterrent to dangerous driving behaviours,” wrote Alana Kiteley in an email. She said Del Duca was consulting with safety advocates and “we look forward to providing an update soon.”
So far this year, at least 16 pedestrians and two cyclists have died in traffic collisions in Toronto.
The other cyclist was 5-year-old Xavier Morgan, who died in May when he fell into traffic on Lake Shore Blvd. W.
On Tuesday alone, the Toronto police Twitter feed reported at least eight collisions involving pedestrians or cyclists. They included an elderly woman killed by a TTC bus.