Originally Posted by
FBinNY
Until someone shows me who else pressed the gas pedal, I'll still believe the cab driver has primary responsibility. It might be different if someone pointed a gun at him, but anyone who panics because of a bike messenger, other driver, pedestrian or even a tiger outside his closed window shouldn't be driving in NYC, much less doing so for hire.
I'm with you on this one; the ONLY sufficient provocation for accelerating a motor vehicle into a cyclist on a bike is a gun pointed at the windshield by the cyclist. There IS NO VERBAL threat that meets the standard of provocation, nor a gesture. With no sufficient provocation (obviously). the cabbie bears the blame 100%. That's where I stand.