Originally Posted by
chipcom
SC law requires a front light and rear reflector when riding at night. The deputy stopped him but then let him go on his way...I smell a civil suit coming.
Originally Posted by
Digital_Cowboy
And possibly a wrongful death suit as well.
A wrongful death suit
is a civil suit, DC -- unless you've fallen back into your old habit of making up random laws, believing that they're real, and complaining that they're not enforced.
But seriously, why would the cop or the county be liable? The cop told the guy that what he was doing is dangerous, and presumably told him it's also illegal. Issuing a citation rather than a warning wouldn't have saved the guy. Physically impounding the bike or arresting the cyclist are the only things that would have guaranteed he get off the road, and I hope no one is going to argue that a cop should do these things every time they see a violation.
Cops issue warnings all the time; it would be a terrible idea to say that makes their city or county liable for the consequences if someone disregards the warning.
Given the number of LEOs that were around I would have thought that one of them could have said something to those cyclists who didn't have lights or reflectors, but they didn't.
But you just argued that if the cops
do say something, they should become liable if the cyclists ignore their warnings.