Old 05-16-13, 06:14 PM
  #30  
Matariki
Not quite there yet
 
Matariki's Avatar
 
Join Date: Feb 2013
Location: Monkey Bottom, NC
Posts: 1,000

Bikes: A bunch of old steel bikes + an ICE trike

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 3 Post(s)
Likes: 0
Liked 2 Times in 2 Posts
Since that crossing leads to and integrates with a MUP, having those perpendicular gaps is a bad design. The cyclist surely shares blame in her failure to be observant and avoid the gap, but I think her suit has some merit. She'll have to prove actual damages, though, and I expect her inflated figure will be drastically reduced.

I encounter all kinds of similar road hazards every day and feel that I have to really pay attention. Most of the fixed hazards have already been mapped in my head, but there are many temporary hazards, like tree branches, bricks, etc, that just show up. I kinda think that I would assume ownership for any incident caused by them simply because the lapse in awareness was mine. Perhaps I would change my mind if I had a lot of thinking time after being laid up by a crash, though.
Matariki is offline