View Single Post
Old 01-05-05, 10:49 AM
  #22  
Daily Commute
Ride the Road
 
Daily Commute's Avatar
 
Join Date: Jan 2004
Location: Columbus, Ohio
Posts: 4,059

Bikes: Surly Cross-Check; hard tail MTB

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Likes: 0
Liked 5 Times in 3 Posts
You're right, if the driver had to "swerve to avoid" two cyclists, the driver was not keeping an assured clear distance. Yes, the cyclist should have had a reflector (and blinkie, too), but if any driver hits someone from behind, it's the driver's fault, period (that's the law in Ohio, anyway). By law, drivers must always drive at a speed to avoid hitting what's in front of them. That's cold comfort to the deceased's family, but the driver should not be let off the hook.
Daily Commute is offline