For runners getting ready for spring marathons, long run season is in session. My running club is on week three of our Sunday Long Run program. Runners from several local clubs including The Mystics and Somerville Road Runners join us each week.

Our schedule starts with Week 0, a nice 8.8 mile run to warm us up.This Sunday we ran the Week Two Route of 12.5 miles. We call this the “Spot Pond” route as part of the course circles the pond.

Early Morning Runner

We start our runs at 8AM each Sunday. This time of year the sun is just above the horizon when we start and stays low in the sky for most of the run.

We run on some busy roads including the Fellsway through the Middlesex Fells Reservation. This is a busy road and you have to pay attention. In some areas the side of the road outside of the white line is narrow or non-existent.

With on-coming cars you have to assume they cannot see us on a good day. When the sun is low in the sky drivers have a greater challenge with visibility and a smart runner keeps his eyes on the approaching traffic.

We haven’t had many close calls for the most part. We all know to stay outside of the white line and sometimes as close to the edge of the pavement as possible. Often this pavement is broken up or has divots so you have to watch your step while you keep an eye on approaching cars.

With traffic in both directions, you can’t blame drivers for crowding us sometimes. That’s why we keep our eyes open and heads up. We are responsible for our own safety.

The Big Brush Off

Sometimes when there is no traffic in the other direction and visibility is good, we still get crowded. Maybe people are drinking their coffee, fooling with the radio or texting. Who knows. All I know is that sometimes cars come awfully close to us for no apparent reason.

I try not to get angry when a car almost hits me. I’m usually on top of the situation and have done all I can to get out-of-the-way, short of jumping into the woods. I try to understand that no one would intentionally injure or kill a runner and possibly spend a long time in jail and bankrupt their family with attorney fees.

No grudge against a fellow human being could possibly be worth all of that.

But still, sometimes I get the feeling people are trying to brush us off the road like a pitcher tries to get Big Papi to back off of the plate. Sometime David takes a fast ball to the ribs or off the wrist. It looks painful, but that risk is part of his job. It’s part of the game.

Hitting a runner with your car is not a game. It can be a criminal offense even if you don’t kill someone.

According to Mass General Laws:

Section 13A. (a) Whoever commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than 21/2 years in a house of correction or by a fine of not more than $1,000.

https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter265/Section13A

Section 131/2. Whoever commits manslaughter while operating a motor vehicle in violation of paragraph (a) of subdivision (1) of section 24 of chapter 90 or section 8A of chapter 90B, shall be punished by imprisonment in the state prison for not less than 5 years and not more than 20 years, and by a fine of not more than $25,000. The sentence of imprisonment imposed upon such person shall not be reduced to less than 5 years, nor suspended, nor shall any such person be eligible for probation, parole or furlough or receive a deduction from his sentence for good conduct until he shall have served 5 years of such sentence.

https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter265/Section131~2

While the legal penalties for assault seem minor compared to the damage a car can do to a runner, there is more to consider.

I recently sat on a jury for an assault and battery liability case. I won’t go into details, but the case took about 5 years to get to court. Apparently that is not unusual.

That means five years of lawyers fees, anxiety and sleepless nights. Even if a driver does not get convicted of assault or manslaughter, they have still paid a very high price for “teaching someone a lesson.”

Maybe drivers don’t think about the cost to themselves and their family when they intentionally crowd a runner, or cyclist. They certainly are not thinking of the potential harm to the runner or cyclist.

Most of us don’t spend a lot of time thinking about the law. But we should all understand that we can be held accountable for a rash decision. Even if a good lawyer can get your indictment dismissed, you still have to pay her.

I look forward to being an early morning runner for quite a few years. I’ll continue to do my part to be safe on the roads. I just hope a driver with a chip on his shoulder doesn’t decide I need the big brush off.

• Have you ever had a close call with a car or truck?
• Have you ever been injured by a car or truck?
• Do you take any special precautions when you run or ride?
• Do avoid certain roads or running in low light conditions?

Run well my friends,

Andy

© 2016 andrew nagelin