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Old 06-21-14, 01:59 PM   #1
Rogan
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Seems we are not safe anywhere

North Port cyclist struck and killed on sidewalk in Charlotte Co - WFLA News Channel 8
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Old 06-21-14, 02:09 PM   #2
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A sidewalk is the last place I prefer to ride, and do so only as a last resort. IMO they are quite unsafe compared to roads. Right cross, and people pulling out of drive ways etc.
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Old 06-21-14, 02:12 PM   #3
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What is surprising is no charges have been filed against the fellow that lost control of his car, maybe that will change soon after the investigation.
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Old 06-21-14, 03:47 PM   #4
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Very Sad
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Old 06-21-14, 05:45 PM   #5
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JRA-MYOB (Just Riding Along - Minding Your Own Business)

That is how many cycling mishap stories start - "I was JRA". Too bad the guy on the bike won't be around to spin a yarn about his evening.
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Old 06-22-14, 08:02 AM   #6
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We have some very nice bike paths here in San Diego... right next to a freeway. A number of years ago I noticed some large tears in the fence between the freeway and the bike path. The way the metal of the fence was bent it was kinda obvious that someone left the freeway, and went back onto the freeway in a different spot.

I don't think any cyclists were on the path at the time.
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Old 06-23-14, 02:06 AM   #7
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Originally Posted by Northwestrider View Post
A sidewalk is the last place I prefer to ride, and do so only as a last resort. IMO they are quite unsafe compared to roads. Right cross, and people pulling out of drive ways etc.
Sidewalks are only dangerous if you don't adhere to the rules, which are definitely not the same as on the road. If you expect to ride at the same speed then you're definitely asking for trouble. Most people/drivers-reversing-out-of-driveways wouldn't expect a fast moving vehicle there.

As for the poor cyclist here, he was just plain unlucky. RIP.
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Old 06-23-14, 02:15 AM   #8
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Noting the cyclist could have done. The chances were just as great that he was going to be hit at the spot on the road.

Legally, the location of the cyclist is not fully relevant as it could have been a pedestrian. The fault is with the driver who made the traffic maneuver resulting in the accident and death. The unfortunate deceased was done for either way, in all likelihood.
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Old 06-23-14, 07:30 AM   #9
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Lost control after passing another car. That is poor vehicle and impulse control. I say charge him with negligent homicide.
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Old 06-23-14, 08:36 AM   #10
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We have some very nice bike paths here in San Diego... right next to a freeway. A number of years ago I noticed some large tears in the fence between the freeway and the bike path. The way the metal of the fence was bent it was kinda obvious that someone left the freeway, and went back onto the freeway in a different spot.
This DOT has probably spent millions of dollars on elaborate freeway center and residential sound barriers, but decided on a chain link fence next to a bike path. Nice.
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Old 06-23-14, 08:17 PM   #11
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This DOT has probably spent millions of dollars on elaborate freeway center and residential sound barriers, but decided on a chain link fence next to a bike path. Nice.
Not sure how they would erect protection for cyclists that would prevent an out-of-control car from hitting them. A concrete barrier? Protection aside, it would probably 'uglify' and narrow the roadways.
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Old 06-24-14, 01:18 AM   #12
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Lost control after passing another car. That is poor vehicle and impulse control. I say charge him with negligent homicide.
That is the crux of the matter. Fences, concrete walls or armament even aren't going to change poor judgment and blind chance.

It's truly sad that this person had to die. In no way is it justified. Now it is time to deal with the legal ramifications.

You cannot legislate tragedy out of existence-it is caused by errors, misbehavior and just otherwise unforeseen and unexpected physical consequence. A fence or barriers may help but an out of control motor vehicle might still penetrate them easily. The proper course of action is to examine the actions of the vehicle operator and determine how their actions violated the law.

Negligence looks like a probable factor and I would think will factor in the investigation and litigation against the driver.

The problem is that NEGLIGENCE is not a sole factor in prosecution for vehicular homicide. The reasons for passing the other vehicle in that manner must be determined as well as anything the other driver did that contributed to the overall accident.

It may well be that the driver bring passed helped to create the accident, and then vehicular homicide/negligence may be diminished as a point of prosecution.

It's not a one-dimensional situation.
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