Originally Posted by
dynodonn
Locally, all a motorist has to say is that their window fogged up, they were reaching over to turn on the defroster, and they thought that they "hit a pothole". This was the case of a local teen running over numerous road cones and striking/killing a well know local road construction worker dressed in hiv viz outerwear. The local DA, based on a report by our state's highway patrol, has decided to not press criminal charges against the teen, and calling it a "tragic accident".
Locally, as being a cyclist, I'm toast and on my own.
Admittedly, there is a bit of a grey area here. An accident is just that: an accident. It's entirely possible that the events described above are in fact exactly what took place. I would have a hard time pressing criminal charges against someone that did something completely unintentionally or due to factors outside their direct control. But at the first hint of negligence on the part of the driver, that's where something needs to be done.
I've had my window fog up - first thing I do is wipe my hand over it so I can see again, THEN I turn on the defroster.