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-   -   Cyclists react with anger after no indictment in fatal bike crash (http://www.bikeforums.net/advocacy-safety/872921-cyclists-react-anger-after-no-indictment-fatal-bike-crash.html)

wsbob 02-18-13 01:30 AM

Tonight for awhile, I browsed over Massachusetts General Law 'Chapter 90 Motor Vehicles and Aircraft' to try locate the text of the laws from which charges against the driver were drawn from, and that the grand jury was presented with. From the article I provided the link to in the earlier comment, I looked for laws addressing: "...vehicle homicide by negligent operation, unsafe overtaking of a bicyclist and failing to take precautions for the safety of other travelers, ...".

Here's a link to the Mass page for Chapter 90: http://www.malegislature.gov/Laws/Ge...er90/Section24. Scroll w-a-a-a-y...down, fairly close to the bottom of the page, and look for a section that's designated (2) (c). An excerpt from section's start to help find it:

"...(2) (a) Whoever upon any way or in any place to which the public has a right of access, or any place to which members of the public have access as invitees or licensees, operates a motor vehicle recklessly, or operates such a vehicle negligently so that the lives or safety of the public might be endangered, ..."

It's worth browsing over the whole thing to get an idea of what the legal people and jurists are dealing with.

Chris516 02-18-13 01:45 AM

Quote:

Originally Posted by dynodonn (Post 15276814)
Taking the lane is no guarantee either, bad driving motorists will still be bad drivers regardless.

Taking the lane is no 'absolute' guarantee, when it comes to bad drivers. But it sure is a step in the right direction, to being noticed.

atbman 02-18-13 07:38 AM

Quote:

Originally Posted by dynodonn (Post 15279669)
One could cause a motorist to swerve and cause the motorist to collide with an inanimate object or another vehicle.

In a situation that a cyclist had a history of numerous traffic violations like the motorist in the OP article, then caused the death of a motorist due to the cyclist's poor riding habits, would the same grand jurists return with the same decision?

There was a US case, several years ago, where a woman was riding under the influence of prescription drugs and alcohol caused a driver to swerve to avoid her, crashing into, IIRC, a ditch and being killed, so it's not impossible. There might even be a reference to it on this forum.

Notso_fastLane 02-18-13 10:54 AM

Quote:

Originally Posted by B. Carfree (Post 15279426)
You need a longer lance and maybe some work on your jousting skills.

I think I could mount a breakaway bayonet on the front of my recumbent. :D

cehowardGS 02-20-13 08:09 AM

Quote:

Originally Posted by Chris516 (Post 15279682)
This is another example of why, I Take The Lane, along with wearing bright clothing, and using extra-bright lights.

When there is no shoulder, I am right there with you..Lights and all. :thumb:


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