Originally Posted by
cyccommute
....I agree that Mr. Johnson should have been held at mostly culpable for his actions. I would also argue that since Derby was following CSPC regulations, they shouldn't have been held culpable. But I also see the point of the plaintiff's case. A complete reflector kit could lead someone to think that it is sufficient for night time riding. Why have it and why does the CSPC require it if the reflectors don't provide sufficient warning? Any person of reasonable intelligence can clearly see that the reflectors are inadequate but too often people aren't being reasonable.
Yet the lawyers for the plaintiff sued the LBS. I figured they were only able to get so much money from the guy that actually hit the cyclist so they decided to broaden their horizons. Small businesses carry insurance. Lawyers know that. They also knew that it was useless to sue the CSPC so they went after the people who had no say in the matter whatsoever. Poor buggers, they must of felt like a deer caught in the headlights. ( YOUR SUING ME FOR WHAT!
)... I liken this type of thing to the expression, "Shooting the mailman". If the mailman brings you a letter informing you that your wife is leaving you it makes no sense to shoot the mailman in an attempt to rectify or change the outcome. This also applies to the repo man but you get the idea...Just the guy in the middle, minding his own business, doing his job.
So much for this subject. Think I'll step out to the local McD's, buy some coffee, spill it on my crotch and then sue McD's because ...well,..it's was just too hot.
Doesn't matter that coffee is suppose to be hot and that it was my actions that caused the spill I just want to get rich.
Originally Posted by
cyccommute
...I have reflectors on my bike for the simple reason that they are required by my state's laws. I don't depend on them for anything other than to cover me if I get hit and I need to file a lawsuit. I don't want to give ammunition to a cleaver lawyer who could get my case thrown out because I didn't have the proper reflectors.
Hummm....You know, I never thought of that. Good point. Then again if you keep a video of your bike deck out with full lighting all you have to do is show that to the judge/jury and they should understand that you have more than what is normally required. A lot can be done with video presentation.