Bike Forums - View Single Post - Ran right into the side of this guys minivan,,,

08-13-12 | 03:58 PM

#78

Digital_Cowboy

Senior Member

Joined: May 2009

Posts: 9,352

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From: Tampa/St. Pete, Florida

Bikes: Specialized Hardrock Mountain (Stolen); Giant Seek 2 (Stolen); Diamondback Ascent mid 1980 - 1997

Quote:

Originally Posted by noisebeam

Quote:

Originally Posted by Digital_Cowboy

And what about the Doctrine of Last Clear Chance? Even though the actions of the person driving the car were illegal, the cyclist had an obligation to avoid the crash. He didn't, therefore he was wrong.

Not applicable. There was no time/space to stop. Did you not read the OP? "my brakes work but not on a dime"

I'm sorry, but yes it is applicable. As if the OP didn't have time to stop he was traveling too fast. Also the OP has an obligation to properly maintain the equipment on his bike so that he is able to stop if something like this happens. Plus, he could have turned his handlebars and steered AWAY from the van in question. Braking isn't always the only option.

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